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An Act relative to intensive case management for clinically complex older adults
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S370
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SD402
| 193
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T21:32:58.823'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-13T21:32:58.8233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-31T15:43:51.5366667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T10:54:33.8033333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-10T10:36:58.63'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-01T17:26:13.5233333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-03-03T10:35:31.9866667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-13T09:30:49.6133333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-13T13:15:53.0466667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-26T09:25:12.8466667'}]
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 370) of Adam Gomez, Joanne M. Comerford, Sal N. DiDomenico, Mathew J. Muratore and other members of the General Court for legislation relative to intensive case management for clinically complex older adults. Elder Affairs.
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Chapter 19A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after section 4, the following section:-
Section 4 1/2.
(a) For the purposes of this section, the following words shall have the following meanings: “Clinically Complex”. A summarized status of an individual’s clinical eligibility for receiving intensive case management.
(b) There is hereby established the intensive case management program for the purposes of supporting individuals who are current or prospective participants of the home care program established in section 4, but who are determined to be clinically complex and therefore require sustained, in-depth case management exceeding the level provided under the program. Intensive case management shall be provided to transition an individual into receiving home care program services, or to retain an active enrollee who is experiencing program participation challenges due to 1) serious mental illness or behavioral disturbances; 2) complex dynamics involving the family and informal support networks that impact the acceptance or delivery of critical home care services; or 3) multiple medical and/or functional needs that put at risk the ability of the ASAP to appropriately serve the enrollee.
(c) The department shall establish intensive case management reimbursement rates that reasonably reflect the level of expertise and commitment of time required to successfully support a qualifying individual’s enrollment and ongoing participation in the State Home Care program.
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An Act relative to assisting elders and people with disabilities in the Commonwealth
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S371
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SD835
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-13T17:38:50.367'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-13T17:38:50.3666667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:04:15.6033333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-03T15:10:38.0633333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-08T15:17:02.06'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-02T20:36:33.5666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T10:22:24.0633333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T15:54:54.6366667'}]
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 371) of Patricia D. Jehlen, Susannah M. Whipps, Brian W. Murray, Sal N. DiDomenico and other members of the General Court for legislation to provide emergency aid to certain elderly and disabled residents. Elder Affairs.
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SECTION 1. Section 1 of chapter 117A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
Any person experiencing homelessness, (i) who has no established place of abode, or who lives in a temporary emergency shelter, and (ii) who is otherwise eligible under the provisions of this chapter, shall receive the same payment rate as recipients who incur shelter costs including, but not limited to rent or a mortgage. The department shall promulgate or revise any such rules and regulations necessary to implement the provisions of this section.
SECTION 2. Chapter 117A of the General Laws is hereby amended by inserting after section 10 the following new sections:-
Section 11. Effective July first of every year, the department shall increase the total budget of each eligible recipient, before taking into consideration any available income and resources, by a percentage amount equal to the percentage rise in the United States Consumer Price Index for January first of that year over the level of said index for January first of the previous year plus such additional percentage amount as is recommended annually by the department and appropriated by the general court. The department shall promulgate such rules and regulations to implement the provisions of this section.
Section 12. The department shall set the maximum benefit for the program in this chapter at the same level as the program in chapter 118 of the General Laws. The department shall promulgate such rules and regulations necessary to implement the provisions of this section.
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[{'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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[]
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An Act directing the administration to amend the frail elder home and community-based waiver to permit eligible older adults to choose to reside in certified assisted living residences
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S372
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SD849
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:14:37.717'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:14:37.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S372/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 372) of Patricia D. Jehlen for legislation to direct the administration to amend the frail elder home and community-based waiver to permit eligible older adults to choose to reside in certified assisted living residences. Elder Affairs.
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Notwithstanding any general or special law to the contrary, the executive office shall report to the house and senate committees on ways and means, not later than 90 days after the effective date of this act, on the availability of a waiver and, if applicable, the estimated net state cost of a waiver that would allow individuals qualifying for Medicaid and at risk of entering a nursing home to reside in a certified assisted living residence. The executive office of health and human services may request a waiver from the federal Centers for Medicare and Medicaid Services to allow individuals qualifying for Medicaid and at risk of entering a nursing home to reside in a certified assisted living residence.
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[]
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An Act further regulating the Assisted Living Advisory Council
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S373
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SD855
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:15:45.367'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:15:45.3666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S373/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 373) of Patricia D. Jehlen for legislation to further regulate the Assisted Living Advisory Council. Elder Affairs.
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SECTION 1. Section 17 of chapter 19D of the general laws is hereby amended by inserting in line nine, after the phrase “secretary of health and human services or his designee,” the following: “the speaker of the house or his designee, the senate president or her designee.”
SECTION 2. Section 17 of chapter 19D of the general laws is hereby amended by striking in line ten the word: - “three,” and inserting in place thereof, the word: “five.”
SECTION 3. Section 17 of chapter 19D of the general laws is hereby amended by inserting in line eleven, after the words “consumer interests,” the following: one of whom shall be a representative of the Massachusetts Assisted Living Association, Inc. and one of whom shall be a representative of Leading Age,”
SECTION 4. Section 17 of chapter 19D of the general laws is hereby amended by striking in lines fourteen and fifteen: - “of one year each,” and inserting in place thereof, the words: “- coterminous with the governor. Vacancies shall be filled in the same manner as the original appointment for the remainder of any unexpired term."
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An Act authorizing common sense health services in assisted living
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S374
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SD858
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:00:32.337'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:00:32.3366667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-20T15:20:33.8066667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-02T10:24:17.9033333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:05:31.1533333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-03T15:10:11.9033333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:39:20.4133333'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-08-07T14:03:36.5366667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S374/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 374) of Patricia D. Jehlen, Thomas M. Stanley, Jason M. Lewis, Susannah M. Whipps and others for legislation to authorize common sense health services in assisted living. Elder Affairs.
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SECTION 1. Section 1 of chapter 19D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Assisted living residence” or “Residence,” the following 2 definitions:-
“Basic health services”, injections; application or replacement of simple non-sterile dressings; management of oxygen on a regular and continuing basis when the resident's medical condition warrants; or application of ointments or drops and diagnostic services and functions necessary for carrying out these services including, but not limited to, glucose monitoring.
“Basic health services program”, an assisted living residence with an approved operating plan offering 1 or more basic health services.
SECTION 2. Subsection (b) of section 10 of said chapter 19D, as so appearing, is hereby amended by adding the following 2 paragraphs:-
(4) Assistance to residents with accessing telehealth services.
(5) For all residents whose service plans so specify, basic health services by personnel meeting standards for professional qualifications and training set forth in the regulations.
SECTION 3. Subsection (c) of said section 10 of said chapter 19D, as so appearing, is hereby amended by inserting after the word, “of”, in line 31, the following words: - basic health services or.
SECTION 4. Said section 10 of said chapter 19D, as so appearing, is hereby further amended by adding the following 4 subsections:-
(e) The sponsor may advertise, market and otherwise promote or provide or arrange for the provision of a basic health services program for assisted living residents and shall administer such care and services in accordance with the requirements set forth herein. A sponsor may not provide basic health services without submitting an operating plan to the department for the department’s approval that explains how the residence’s basic health services program will meet the needs of the residence’s resident population or individual residents therein and the staff qualifications and training for providing such services. The operating plan shall specify whether all, or certain, of the enumerated basic health services shall be offered, steps taken to provide adequate support and training to licensed practical nurses and registered nurses who shall provide such care and the oversight and evaluation of basic health services; provided, that no such plan shall restrict resident choice in the delivery of the services by outside health professionals. The sponsor shall submit a revised operating plan to the department in the event of a change in the scope of the basic health services program offered to residents.
(f) The sponsor shall disclose to each resident the fees associated with provision of basic health services within the assisted living residence’s residency agreement and shall review such fees with the resident upon implementation and any revision to a service plan that includes provision of basic health services. The sponsor shall notify residents of any changes in fees in a timely manner. Residents who receive basic health services shall receive an additional service plan review on a quarterly basis. Residents shall have the opportunity to discontinue receiving basic health services from the sponsor upon written request to the sponsor and shall not be charged a cancellation fee or a fee for services not provided due to discontinuation of the services.
(g) The department, in consultation with the department of public health, shall promulgate regulations governing the application, criteria for approval or disapproval and ongoing oversight of a basic health services program authorized in this section. The department may impose an annual fee on participating assisted living residences to pay for oversight of basic health services. The department may add additional services to the definition of basic health services.
(h) To ensure patient safety and clinical competence in the application of subsections (e) to (g), inclusive, the department and the department of public health shall establish and implement a plan to facilitate communication between the department and the department of public health and create a list of required components necessary for operating plans, including a requirement that when a residence is offering basic health services to 1 or more residents, staff shall have access to a licensed practical nurse or registered nurse for consultation at all times and the nurse hall not be required to be on the premises. The department shall make available electronic copies of the required components of operating plans on the department’s website. The department may conduct annual compliance reviews on the documentation created and maintained by assisted living residences for any assisted living resident who received basic health services within the previous 12-month period.
SECTION 5. Section 11 of said chapter 19D, as so appearing, is hereby amended by inserting after the word “supervision”, in line 2, the following words:- except as permitted for residences which opt to provide basic health services.
SECTION 6. The joint committee on elder affairs shall conduct a review of the implementation of this act and the use of basic health services in assisted living not later than 5 years after the effective date of this act.
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An Act increasing the personal needs allowance for residents of long term care facilities
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S375
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SD870
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:16:23.897'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:16:23.8966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T09:26:22.2833333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-04-05T12:45:43.6466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S375/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 375) of Patricia D. Jehlen and Rebecca L. Rausch for legislation to increase the personal care allowance of residents of long-term care facilities. Elder Affairs.
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SECTION 1. Section 1 of chapter 117A of the General Laws is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Any person eligible for assistance under this chapter who is not maintaining his home and is receiving care in or residing in a licensed nursing facility, licensed chronic hospital, licensed rest home, or an approved public medical institution as defined in section 8 of chapter 118E, shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure activities. If there is no such income or if it is less than the amount of $100.00, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains his own home and receives state supplementary payments pursuant to sections 1 and 2 of chapter 118A.
SECTION 2. Chapter 118A of General Laws is hereby amended by inserting after section 7A the following new section:-
Section 7B. Any person eligible for financial assistance under this chapter who is not maintaining his home and is in a licensed medical facility which is eligible for medical assistance payments pursuant to chapter 118E or is residing in a licensed rest home to which such person pays a fixed rate, shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100.00, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who maintains his own home and receives state supplementary payments pursuant to sections 1 and 2 of this chapter.
SECTION 3. Section 15 of chapter 118E of the General Laws is hereby amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-
A person eligible for medical assistance under this chapter who is not maintaining his own home and is receiving care in a licensed nursing facility, a licensed chronic hospital, a licensed rest home, an approved public medical institution, or a public psychiatric institution shall retain the first $100.00 of his monthly income for clothing, personal needs, and leisure time activities. If there is no such income or if it is less than the amount of $100.00, such a person shall be paid monthly in advance the difference between such income and said amount. Said amount shall be increased annually each fiscal year at the same time and at the same percentage rate as increases payable to an individual who is maintaining his own home and who is receiving supplemental payments pursuant to sections 1 and 2 of chapter 118A.
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An Act relative to Massachusetts home care eligibility
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S376
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SD872
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:13:21.6'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:13:21.6'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:05:14.0733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:10:24.1566667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T10:01:15.64'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T14:10:31.37'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T11:19:27.3033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T13:00:18.8433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:39:12.4233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S376/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 376) of Patricia D. Jehlen, Susannah M. Whipps, Sal N. DiDomenico, Jack Patrick Lewis and other members of the General Court for legislation relative to Massachusetts home care eligibility. Elder Affairs.
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The Executive Office of Elder Affairs, under authority granted in section 4 of chapter 19A of Massachusetts general laws, shall amend the Massachusetts home care regulations (651 CMR 3.00). Such amendment shall require home care program services be made available to persons diagnosed with HIV or AIDS regardless of their age, if they are otherwise eligible for such services. The secretary for health and human services shall ensure that the relevant agencies under her purview promulgate regulations as necessary to implement this act.
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An Act relative to transparency and accountability in nursing homes
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S377
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SD880
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T12:21:46.463'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T12:21:46.4633333'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-30T11:12:29.0366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T10:21:55.42'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S377/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 377) of Patricia D. Jehlen, Mark C. Montigny and James B. Eldridge for legislation relative to transparency and accountability in nursing homes. Elder Affairs.
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SECTION 1. Section 72 of chapter 111 of the General Laws, as most recently appearing in the 2020 Official Edition, is hereby amended, by inserting after said section 72, the following:-
Section 72 ½. Financial Transparency and Consolidated Financial Report.
(a) (1) Commencing with fiscal years ending December 31, 2025, an organization that operates, conducts, owns, manages, or maintains a nursing home or facilities licensed pursuant to 105 CMR 150.000 shall prepare and file with the office, at the times as the office shall require, an annual consolidated financial report.
(2) The annual consolidated financial report required to be prepared pursuant to paragraph (1) shall be reviewed by a certified public accountant in accordance with generally accepted accounting principles and with the Financial Accounting Standards Board’s financial reporting requirements, with financial statements prepared using the accrual basis. If the organization has prepared an audit by a certified public accountant of its annual consolidated financial report for any reason, that audit shall be filed with the office, and, in that instance, no review of the consolidated financial report shall be necessary. The reviewed or audited report, as applicable, shall, in addition to the requirements set forth in 105CMR 150.000 include, but not be limited to, the following statements:
(A) A balance sheet detailing the assets, liabilities, and net worth at the end of its fiscal year.
(B) A statement of income, expenses, and operating surplus or deficit for the annual fiscal period, and a statement of ancillary utilization and patient census.
(C) A statement detailing patient revenue by payer, including, but not limited to, Medicare, MassHealth, and other payers, and revenue center.
(D) A statement of cashflows, including, but not limited to, ongoing and new capital expenditures and depreciation.
(E) A combined financial statement that includes all entities reported in the consolidated financial report, unless the organization is prohibited from including a combined financial statement in a consolidated financial report pursuant to a state or federal law or regulation or a national accounting standard. When applicable, the organization must disclose to the office the applicable state or federal law or regulation or national accounting standard.
(3) In addition to the consolidated financial report, the following information shall be provided to the office as an attachment to the consolidated financial report:
(A) The financial information required by paragraph (2) of subdivision (a) from all operating entities, license holders, and related parties in which the organization has an ownership or control interest of 5 percent or more and that provides any service, facility, or supply to the skilled nursing facility.
(B) A detailed document outlining a visual representation of the organization’s structure that includes both of the following:
(i) All related parties in which the organization has an ownership or control interest of 5 percent or more and that provides any service, facility, or supply to the skilled nursing facility.
(ii) Unrelated parties that provide services, facilities, or supplies to the skilled nursing facility or facilities that are operated, conducted, owned, managed, or maintained by the organization, including, but not limited to, management companies and property companies, and that are paid more than two hundred thousand dollars ($200,000) by the skilled nursing facility.
(b) The office shall post reports and related documents submitted pursuant to this section to its internet website.
(c) Any report, document, statement, writing or any other type of record received, owned, used, or retained by the office in connection with this section is a public record within the meaning of section 7, clause 20th of chapter 4 of the Massachusetts General Laws and is subject to disclosure pursuant to the Massachusetts Public Records Act, chapter 66 MGL.
(d) The office shall develop policies and procedures to outline the format of information to be submitted pursuant to this section. The office shall determine if the information submitted pursuant to subdivision (a) is complete, but shall not be required to determine its accuracy.
(e) For the purposes of this section, “related party” means a home offices; management organizations; owners of real estate; entities that provide staffing, therapy, pharmaceutical, marketing, administrative management, consulting, and insurance services; providers of supplies and equipment; financial advisors and consultants; banking and financial entities; any and all parent companies, holding companies, and sister organizations; and any entity in which an immediate family member of an owner of those organizations has an ownership interest of 5 percent or more. “Immediate family member” includes spouse, natural parent, child, sibling, adopted child, adoptive parent, stepparent, stepchild, stepsister, stepbrother, father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, grandparent, and grandchild.
(f) This section shall not apply to an organization that has no related parties as defined in subdivision (e), except that the organization is required to submit a detailed document outlining a visual representation of the organization’s structure as set forth in subparagraph (B) of paragraph (3) of subdivision (a). Nothing in this section shall be construed to require a government entity license holder, that is not a related party, to file a consolidated financial report for a nursing home management company that operates under its license.
(h) Consistent with the reports and requirements required for subdivisions (a) to (e), all information submitted pursuant to this section shall be accompanied by a report certification signed by a duly authorized official of the health facility or of the health facility’s home office that certifies that, to the best of the official’s knowledge and information, each statement and amount in the accompanying report is believed to be true and correct.
SECTION 2. The Office of the State Auditor shall have full access to all reports filed in accordance with this section, and shall periodically report concerning the quality of care, financial practices, and statewide oversight of Massachusetts skilled nursing facilities. Said report shall be filed with the Joint Committee on Health Care Financing and the House and Senate Committees on Ways and Means.
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An Act relative to small house nursing homes
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S378
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SD1194
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T12:14:43.067'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-18T12:14:43.0666667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S378/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 378) of Patricia D. Jehlen for legislation relative to regulations for small house nursing homes. Elder Affairs.
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SECTION 1. Notwithstanding any general or special law to the contrary, the Department of Public Health shall amend 105 CMR 150.000: Standards for Long Term Care Facilities, establishing regulations for the operation of small house nursing homes. The amendments shall include a definition of small house nursing homes as 1 or more units of a nursing home designed and modeled as a private home including residential kitchen and living area. Small house nursing homes shall house no more than 14 individuals per unit, in resident rooms that accommodate not more than 2 residents per room, which are shared only at the request of a resident to accommodate a spouse, partner, family member or friend. All resident rooms shall contain a full private and accessible bathroom.
Regulations for small house nursing homes shall, to the extent practicable, prohibit the use of institutional features, including but not limited to nursing stations, medication carts, room numbers and wall-mounted licenses or certificates that could appropriately be accessed through other means.
Regulations for construction and physical plant standards should be based on the smaller size and limited number of residents served in small house nursing homes in comparison with traditional nursing facility units. In addition to development of construction and physical plant standards that support small house nursing homes, regulations shall support a staffing model in small house nursing homes that allow for a universal worker approach to resident care that is organized to support and empower all staff to respond to the needs and desires of residents including cooking and meal preparation, and provides for consistent staff in each small house.
SECTION 2. The Department of Public Health is hereby directed to accept applications for new long-term care beds that will be operated under a small house model of care as defined in section 1 above.
SECTION 3. The executive office of health and human services is hereby directed to establish standard rates of payment for nursing facilities that fully reimburse for capital costs of small house nursing homes.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act to improve quality and oversight of long-term care
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S379
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SD1244
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T11:57:49.877'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T11:57:49.8766667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-20T15:00:08.0566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T16:52:06.07'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T11:12:04.4533333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:05:40.48'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:43:05.3966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T12:35:37.5533333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-14T11:33:13.02'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-14T14:28:00.3666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T14:54:00.2466667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-16T14:28:09.52'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-23T11:20:56.72'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-23T11:20:56.72'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-23T11:20:56.72'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T11:20:56.72'}, {'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-02-28T15:49:19.8166667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T13:01:15.43'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T13:01:15.43'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-01T10:48:34.0233333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-19T11:49:40.0566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T10:45:16.4466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S379/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 379) of Patricia D. Jehlen, Thomas M. Stanley, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for legislation to improve quality and oversight of long-term care. Elder Affairs.
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SECTION 1. Chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 9U the following 2 sections:-
Section 9V. The executive office of labor and workforce development, through the Commonwealth Corporation, shall establish a grant program for nursing facility supervisory and leadership training. The program shall include, but not be limited to, covering the cost of nursing facility worker participation in evidence-based supervisory training for the express purpose of improving staff satisfaction, retaining staff and reducing turnover.
Section 9W. The Commonwealth Corporation shall, subject to appropriation, establish an extended care career ladder grant program, consistent with section 410 of chapter 159 of the acts of 2000. The Commonwealth Corporation shall make grants available for certified nurses' aides, home health aides, homemakers and other entry-level workers in long-term care. The grants may include English language training, training in other languages and adult basic education programs to improve quality of care and improve direct care worker access to and participation in career ladder training. The length of such grants shall not exceed a period of 3 years. The Commonwealth Corporation shall submit quarterly reports to the house and senate committees on ways and means on said grant program including, but not limited to, the number of grants awarded, the amount of each grant, a description of the career ladder programs, changes in care-giving and workplace practices that have occurred and their impact on quality of care and worker retention and the certificates, degrees or professional status attained by each participating employee. The administrative and program-management costs for the implementation of said grant program shall not exceed 4 per cent of the amount of the grant program. Each grant may include funding for technical assistance and evaluation.
SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after section 4O the following section:-
Section 4P. The department shall, subject to appropriation, establish a tuition reimbursement program for certified nursing assistant training. The department shall reimburse for the costs of certified nursing assistant training or competency, provided that: (i) the costs have been incurred for an approved certified nursing assistant training program; (ii) the costs have been actually paid by the certified nursing assistant from their own personal funds; and (iii) individuals have begun employment as a certified nursing assistant in a licensed nursing facility within 12 months of completing the training program, including passing the competency testing.
SECTION 3. Chapter 111 of the General Laws is hereby further amended by striking out section 71 and inserting in place thereof the following section:-
Section 71. (a) For purposes of this section and sections 71A½ to 73, inclusive, the following terms shall have the following meanings unless the context or subject matter clearly requires otherwise:
“Applicant”, any person who applies to the department for a license to establish or maintain and operate a long-term care facility.
“Charitable home for the aged”, any institution, however named, conducted for charitable purposes and maintained for the purpose of providing a retirement home for elderly persons and which may provide nursing care within the home for its residents.
“Convalescent or nursing home or skilled nursing facility”, any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for the purpose of nursing or convalescent care.
“Infirmary maintained in a town”, an infirmary, which until now the department of transitional assistance has been directed to visit by section 7 of chapter 121.
“Intermediate care facility for persons with an intellectual disability”, any institution, however named, whether conducted for charity or profit, which: (i) is advertised, announced or maintained for the purpose of providing rehabilitative services and active treatment to persons with an intellectual disability or persons with related conditions, as defined in regulations promulgated pursuant to Title XIX of the federal Social Security Act (P.L. 89–97); (ii) is not both owned and operated by a state agency; and (iii) makes application to the department for a license for the purpose of participating in the federal program established by said Title XIX.
“License”, an initial or renewal license to establish or maintain and operate a long-term care facility issued by the department.
“Licensee”, a person to whom a license to establish or maintain and operate a long-term care facility has been issued by the department.
“Long-term care facility”, a charitable home for the aged, convalescent or nursing home, skilled nursing facility, infirmary maintained in a town, intermediate care facility for persons with an intellectual disability or rest home.
“Owner”, any person with an ownership interest of 5 per cent or more, or with a controlling interest in an applicant, potential transferee or the real property on which a long-term care facility is located; provided, that the real property owner is related to the applicant or potential transferee as defined in Section 413.17(b) of Title 42 of the Code of Federal Regulations.
“Person”, an individual, trust, estate, partnership, association, company or corporation.
“Potential transferee”, a person who submits to the department a “notice of intent to acquire” the facility operations of a currently operating long-term care facility.
“Rest home”, any institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing care incident to old age to four or more persons who are ambulatory and who need supervision.
“Transfer of facility operations”, a transfer of the operations of a currently operating long-term care facility from the current licensee of the long-term care facility to a potential transferee, pending licensure, pursuant to a written “transfer of operations” agreement.
(b) To each applicant it deems suitable and responsible to establish or maintain and operate a long-term care facility and which meets all other requirements for long-term care facility licensure, the department shall issue for a term of 2 years, and shall renew for like terms, a license, subject to the restrictions set forth in this section or revocation by it for cause; provided, however, that each long-term care facility shall be inspected at least once a year.
The department shall not issue license to establish or maintain an intermediate care facility for persons with an intellectual disability unless the department determines that there is a need for such facility at the designated location; provided, however, that in the case of a facility previously licensed as an intermediate care facility for persons with an intellectual disability in which there is a change in ownership, no such determination shall be required; and provided further, that in the case of a facility previously licensed as an intermediate care facility for persons with an intellectual disability in which there is a change in location, such determination shall be limited to consideration of the suitability of the new location.
In the case of the transfer of facility operations of a long-term care facility, a potential transferee shall submit a “notice of intent to acquire” to the department at least 90 days prior to the proposed transfer date. The notice of intent to acquire shall be on a form supplied by the department and shall be deemed complete upon submission of all information which the department requires on the notice of intent form and is reasonably necessary to carry out the purposes of this section. In the case of the transfer of facility operations, a potential transferee shall provide notice to the current staff of the facility, and shall provide notice of the potential transferee’s plans regarding retaining the facility workforce and recognizing any current collective bargaining agreements to the labor organizations that represents the facility’s workforce at the time the potential transferee submits a “notice of intent to acquire”.
No license shall be issued to an applicant or potential transferee unless the department makes a determination that the applicant or potential transferee is responsible and suitable for licensure.
For purposes of this section, the department’s determination of responsibility and suitability shall be limited to the following factors:
(i) the civil litigation history of the applicant or potential transferee, including litigation related to the operation of a long-term care facility, such as quality of care, safety of residents or staff, employment and labor issues, fraud, unfair or deceptive business practices and landlord/tenant issues; and the criminal history of the applicant or the potential transferee, including their respective owners, which may include pending or settled litigation or other court proceedings in the commonwealth and in other states including federal jurisdiction. Any information related to criminal or civil litigation obtained by the department pursuant to this section shall be confidential and exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66;
(ii) the financial capacity of the applicant or potential transferee, including their respective owners, to establish or maintain and operate a long-term care facility, which may include any recorded liens and unpaid fees or taxes in the commonwealth and in other states;
(iii) the history of the applicant or potential transferee, including their respective owners, in providing long-term care in the commonwealth, measured by compliance with applicable statutes and regulations governing the operation of long-term care facilities; and
(iv) the history of the applicant or potential transferee, including their respective owners, in providing long-term care in states other than the commonwealth, if any, measured by compliance with the applicable statutes and regulations governing the operation of long-term care facilities in said states.
With respect to potential transferees, upon determination by the department that a potential transferee is responsible and suitable for licensure, the potential transferee may file an application for a license. In the case of a potential transfer of facility operations, the filing of an application for a license shall have the effect of a license until the department takes final action on such application.
If the department determines that an applicant or potential transferee is not suitable and responsible, the department’s determination shall take effect on the date of the department’s notice. In such cases and upon the filing of a written request, the department shall afford the applicant or potential transferee an adjudicatory hearing pursuant to chapter 30A.
During the pendency of such appeal, the applicant or potential transferee shall not operate the facility as a licensee, or, without prior approval of the department, manage such facility.
Each applicant, potential transferee and licensee shall keep all information provided to the department current. After the applicant, potential transferee or licensee becomes aware of any change to information related to information it provided or is required to provide to the department, such person shall submit to the department written notice of the changes as soon as practicable and without unreasonable delay. Changes include, but are not limited to, changes in financial status, such as filing for bankruptcy, any default under a lending agreement or under a lease, the appointment of a receiver or the recording of any lien. Failure to provide timely notice of such change may be subject to the remedies or sanctions available to the department under sections 71 to 73, inclusive.
An applicant, potential transferee or licensee and their respective owners shall be in compliance with all applicable federal, state and local laws, rules and regulations.
Prior to engaging a company to manage the long-term care facility, hereinafter a “management company”, a licensee shall notify the department in writing of the proposed management company’s name, contact information and any other information on the management company and its personnel that may be reasonably requested by the department. The licensee shall memorialize any such engagement in a written agreement with the management company. Such written agreement shall include a requirement that the management company and its personnel comply with all applicable federal, state and local laws, regulations and rules. Promptly after the effective date of any such agreement, the licensee shall provide to the department a copy of the valid, fully executed agreement. Any payment terms included in the agreement shall be confidential and exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 and chapter 66.
The department shall not issue a license unless the authorities in charge of the long-term care facility first submit to the department, with respect to each building occupied by residents: (i) a certificate of inspection of the egresses, the means of preventing the spread of fire and apparatus for extinguishing fire, issued by an inspector of the office of public safety and inspections of the division of professional licensure; provided, however, that with respect to convalescent or nursing homes only, the division of health care quality of the department of public health shall have sole authority to inspect for and issue such certificate; and (ii) a certificate of inspection issued by the head of the local fire department certifying compliance with the local ordinances.
Any applicant who is aggrieved, on the basis of a written disapproval of a certificate of inspection by the head of the local fire department or by the office of public safety and inspections of the division of professional licensure, may, within 30 days from such disapproval, appeal in writing to the division of professional licensure. With respect to certificates of inspection that the division of health care quality of the department of public health has the sole authority to issue, an applicant may, within 30 days from disapproval of a certificate of inspection, appeal in writing to the department of public health only. Failure to either approve or disapprove within 30 days after a written request by an applicant shall be deemed a disapproval.
If the division of professional licensure or, where applicable, the department of public health approves the issuance of a certificate of inspection, it shall forthwith be issued by the agency that failed to approve. If said department disapproves, the applicant may appeal therefrom to the superior court. Failure of said department to either approve or disapprove the issuance of a certificate of inspection within 30 days after receipt of an appeal shall be deemed a disapproval. The department shall not issue a license until issuance of an approved certificate of inspection, as required in this section.
Nothing in this section or in sections 72 or 73 shall be construed to revoke, supersede or otherwise affect any laws, ordinances, by-laws, rules or regulations relating to building, zoning, registration or maintenance of a long-term care facility.
(c) For cause, the department may limit, restrict, suspend or revoke a license. Grounds for cause on which the department may take such action shall include: (i) substantial or sustained failure to provide adequate care to residents; (ii) substantial or sustained failure to maintain compliance with applicable statutes, rules and regulations; (iii) or the lack of financial capacity to maintain and operate a long-term care facility. Limits or restrictions include requiring a facility to limit new admissions. Suspension of a license includes suspending the license during a pending license revocation action, or suspending the license to permit the licensee a period of time, not shorter than 60 days, to wind down operations, and discharge and transfer, if applicable, all residents.
The department may, when public necessity and convenience require, or to prevent undue hardship to an applicant or licensee, under such rules and regulations as it may adopt, grant a temporary provisional or probationary license under this section; provided, however, that no such license shall be for a term exceeding 1 year.
With respect to an order to limit, restrict or suspend a license, within 7 days of receipt of the written order, the licensee may file a written request with the department for administrative reconsideration of the order or any portion thereof.
Upon a written request by a licensee who is aggrieved by the revocation of a license or the adoption of a probationary license, or by an applicant who is aggrieved by the refusal of the department to renew a license, the commissioner and the council shall hold a public hearing, after due notice, and thereafter they may modify, affirm or reverse the action of the department; provided, however, that the department may not refuse to renew and may not revoke the license of a long-term care facility until after a hearing before a hearings officer, and any such applicant so aggrieved shall have all the rights provided in chapter 30A with respect to adjudicatory proceedings.
In no case shall the revocation of such a license take effect in less than 30 days after written notification by the department to the licensee.
The fee for a license to establish or maintain or operate a long-term care facility shall be determined annually by the commissioner of administration pursuant to the provision of section 3B of chapter 7, and the license shall not be transferable or assignable and shall be issued only for the premises named in the application.
Nursing institutions licensed by the department of mental health, or the department of developmental services for persons with intellectual disabilities shall not be licensed or inspected by the department of public health. The inspections herein provided shall be in addition to any other inspections required by law.
(d) In the case of the new construction of, or major addition, alteration or repair to, any facility subject to this section, preliminary architectural plans and specifications and final architectural plans and specifications shall be submitted to a qualified person designated by the commissioner. Written approval of the final architectural plans and specifications shall be obtained from said person prior to said new construction, or major addition, alteration or repair.
Notwithstanding any of the foregoing provisions of this section, the department shall not issue a license to establish or maintain and operate a long-term care facility unless the applicant for such license submits to the department a certificate that each building to be occupied by patients of such convalescent or nursing home or skilled nursing facility meets the construction standards of the state building code, and is of at least type 1–B fireproof construction; provided, however, that this paragraph shall not apply in the instance of a transfer of facility operations of a convalescent or nursing home or skilled nursing facility whose license had not been revoked as of the time of such transfer; and provided, further, that a public medical institution as defined under section 2 of chapter 118E, which meets the construction standards as defined herein, shall not be denied a license as a nursing home under this section because it was not of new construction and designed for the purpose of operating a convalescent or nursing home or skilled nursing facility at the time of application for a license to operate a nursing home. An intermediate care facility for persons with an intellectual disability shall be required to meet the construction standards established for such facilities by Title XIX of the Social Security Act (P.L. 89–97) and any regulations promulgated pursuant thereto, and by regulations promulgated by the department.
(e) Every applicant for a license and every potential transferee shall provide on or with its application or notice of intent to acquire a sworn statement of the names and addresses of any owner as defined in this section. In this section, the phrase ‘‘person with an ownership or control interest’’ shall have the definition set forth in 42 USC § 1320a–3 of the Social Security Act and in regulations promulgated hereunder by the department.
The department shall notify the secretary of elder affairs forthwith of the pendency of any proceeding of any public hearing or of any action to be taken under this section relating to any convalescent or nursing home, rest home, infirmary maintained in a town or charitable home for the aged. The department shall notify the commissioner of mental health forthwith of the pendency of any proceeding, public hearing or of any action to be taken under this section relating to any intermediate care facility for persons with an intellectual disability.
SECTION 4. Section 72 of said chapter 111 of the General Laws, as so appearing, is hereby amended by adding the following four paragraphs:-
The department shall establish regulations for the operation of small house nursing homes, herein defined as 1 or more units of a nursing home designed and modeled as a private home including residential kitchen and living area. Newly constructed small house nursing homes shall house no more than 14 individuals per unit, in resident rooms that accommodate not more than 2 residents per room, which are shared only at the request of a resident to accommodate a spouse, partner, family member or friend. All resident rooms shall contain a full private and accessible bathroom.
Regulations for small house nursing homes shall, to the extent practicable, prohibit the use of institutional features, including but not limited to nursing stations, medication carts, room numbers and wall-mounted licenses or certificates that could appropriately be accessed through other means.
Regulations for construction and physical plant standards should be based on the smaller size and limited number of residents served in small house nursing homes in comparison with traditional nursing facility units. In addition to development of construction and physical plant standards that support small house nursing homes, regulations shall support a staffing model small house nursing homes that allow for a universal worker approach to resident care that is organized to support and empower all staff to respond to the needs and desires of residents including cooking and meal preparation, and provides for consistent staff in each small house.
The executive office of health and human services shall develop an add-on to rates of payment for nursing facilities that develop small house nursing homes and meet criteria established by the executive office.
SECTION 5. Said chapter 111 is hereby further amended by striking out section 72E and inserting in place thereof the following section:-
Section 72E. The department shall, after every inspection by its agent made under authority of section 72, give the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations of the department found upon said inspection. With respect to the date by which the licensee shall remedy or correct each violation, hereinafter the “correct by date”, the department in such notice shall specify a reasonable time, not more than 60 days after receipt thereof, by which time the licensee shall remedy or correct each violation cited therein or, in the case of any violation which in the opinion of the department is not reasonably capable of correction within 60 days, the department shall require only that the licensee submit a written plan for the timely correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice in writing to the licensee.
Absent good faith efforts to remedy or correct, failure to remedy or correct a cited violation by the agreed upon correct by date shall be cause to pursue or impose the remedies or sanctions available to it under sections 71 to 73, inclusive, unless the licensee shall demonstrate to the satisfaction of the department or the court, as the case may be, that such failure was not due to any neglect of its duty and occurred despite an attempt in good faith to make correction by the agreed upon correct by date. The department may pursue or impose any remedy or sanction or combination of remedies or sanctions available to it under said sections 71 to 73, inclusive. An aggrieved licensee may pursue the remedies available to it under said sections 71 to 73, inclusive.
In addition, if the licensee fails to maintain substantial or sustained compliance with applicable statutes, rules and regulations, in addition to imposing any of the other remedies or sanctions available to it, the department may require the licensee to engage, at the licensee’s own expense, a temporary manager to assist the licensee with bringing the facility into substantial compliance and with sustaining such compliance. Such manager shall be subject to the department’s approval, provided that such approval not be unreasonably withheld. Any such engagement of a temporary manager shall be for a period of not less than 3 months and shall be pursuant to a written agreement between the licensee and the management company. A copy of such agreement shall be provided by the licensee to the department promptly after execution. Any payment terms included in the agreement shall be confidential and exempt from disclosure under clause twenty-sixth of section 7 of chapter 4 and chapter 66.
Nothing in this section shall be construed to prohibit the department from enforcing a statute, rule or regulation, administratively or in court, without first affording formal opportunity to make correction under this section, where, in the opinion of the department, the violation of such statute, rule or regulation jeopardizes the health or safety of residents or the public or seriously limits the capacity of a licensee to provide adequate care, or where the violation of such statute, rule or regulation is the second such violation occurring during a period of 12 full months.
SECTION 6. Section 72K of said chapter 111 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following 2 subsections:-
(b) The attorney general may file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property or against a person who wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual assault or serious bodily injury results; and $250,000 if death results. Section 60B of chapter 231 shall not apply to an action brought by the attorney general pursuant to this section. Nothing in this section shall preclude the filing of any action brought by the attorney general or a private party pursuant to chapter 93A or any action by the department pursuant to this chapter.
(c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action only within four years next after an offense is committed.
SECTION 7. Said chapter 111 of the General Laws is hereby further amended by inserting after section 72BB the following 3 sections:-
Section 72CC. (a) For purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Cohorting”, the practice of grouping patients who are or are not colonized or infected with the same organism in order to confine their care to one area and prevent contact with other patients.
“Endemic level”, the usual level of given disease in a geographic area.
“Isolating”, the process of separating persons colonized or infected with a communicable disease from those who are not colonized or infected with a communicable disease.
“Outbreak”, any unusual occurrence of disease or any disease above background or endemic levels.
“Long-term care facility”, a charitable home for the aged, convalescent or nursing home or skilled nursing facility, an infirmary maintained in a town, an intermediate care facility for persons with an intellectual disability or a rest home.
(b) Notwithstanding any general or special law to the contrary, the department shall require long-term care facilities to develop an outbreak response plan which shall be customized to the facility. Each facility’s plan shall include, but not be limited to:
(1) a protocol for isolating and cohorting infected and at-risk patients in the event of an outbreak of a contagious disease until the cessation of the outbreak;
(2) clear policies for the notification of residents, residents’ families, visitors, and staff in the event of an outbreak of a contagious disease at a facility;
(3) information on the availability of laboratory testing, protocols for assessing whether facility visitors are colonized or infected with a communicable disease, protocols to require those staff who are colonized or infected with a communicable disease to not present at the facility for work duties and processes for implementing evidence-based outbreak response measures;
(4) policies to conduct routine monitoring of residents and staff to quickly identify signs of a communicable disease that could develop into an outbreak; and
(5) policies for reporting outbreaks to public health officials in accordance with applicable laws and regulations.
(c) (1) In addition to the requirements set forth in subsection (b), the department shall require long-term care facilities to include in their outbreak response plan, written policies to meet staffing, training and facility demands during an infectious disease outbreak and to successfully implement the outbreak response plan, including either employing on a full-time or part-time basis, or contracting with on a consultative basis, the following individuals:
(a) an individual certified by the Certification Board of Infection Control & Epidemiology, Inc.; or
(b) a physician who has completed an infectious disease fellowship.
(2) The department shall verify that the outbreak response plans submitted by long-term care facilities are in compliance with the requirements of subsection (b) and with the requirements of paragraph (1) of this subsection.
(d) (1) Each long-term care facility that submits an outbreak response plan to the department pursuant to subsection (c) shall review the plan on an annual basis.
(2) If a long-term care facility makes any material changes to its outbreak response plan, the facility shall submit to the department an updated outbreak response plan within 30 days. The department shall, upon receiving an updated outbreak response plan, verify that the plan is compliant with the requirements of subsections (b) and (c).
(e) The department shall promulgate regulations necessary to implement this section.
Section 72DD. The department, through its division of health care facility licensure and certification, shall establish and implement a prescribed process and program for providing training and education to long term care providers licensed by the department under section 72. The training and education programs may include: infection prevention and control; development, implementation, adherence and review of comprehensive resident care plans; falls prevention; procedures to ensure timely notification of changes in a resident’s condition to the resident’s primary care physician; the prevention of abuse and neglect; development and implementation of a program to minimize the danger of workplace violence to employees; and review of the survey and inspection process. The department shall consult with the industry trade associations, before requiring any new regulatory guidance, regulation, interpretation, program letter or memorandum or any other materials used in surveyor training to survey licensed providers.
The process, training, and education shall include, but not be limited to, the following:
(i) annual training for long term care facilities on the licensure and certification process. This training shall include, but not be limited to, the department’s interpretation of the general laws, rules, regulations, procedures and policies concerning the licensure and certification process for such long-term care facilities;
(ii) biannual training of long-term care providers on the most frequently cited deficiencies, identified deficiency trends, both state and federal, and best practices to ensure resident quality of care; and
(iii) training of long-term care providers and the department survey inspectors jointly on the department's new expectations. Trainings shall be interactive, with the sharing of information and recommendations between long term care facilities and the department on issues and topics.
Section 72EE. (a) For the purposes of this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:
“Religious and recreational activities”, any religious, social or recreational activity that is consistent with the resident’s preferences and choosing, regardless of whether the activity is coordinated, offered, provided or sponsored by facility staff or by an outside activities provider.
“Resident”, a person who resides in a long-term care facility.
“Long-term care facility”, a charitable home for the aged, convalescent or nursing home or skilled nursing facility, an infirmary maintained in a town, an intermediate care facility for persons with an intellectual disability or a rest home.
(b) The department shall promulgate regulations necessary to encourage and enable residents of a long-term care facility to engage in in-person, face-to-face, verbal or auditory-based contact, communications and religious and recreational activities with others except when such in-person contact, communication or activities are prohibited, restricted or limited, as otherwise permitted by federal or state statute, rule or regulation. Said regulations shall include specific protocols and procedures to provide for residents of the facility who have disabilities that impede their ability to communicate, including, but not limited to, residents who are blind, deaf, have Alzheimer’s disease or other related dementias and residents who have developmental disabilities.
(c) The department may distribute civil monetary penalty funds, as approved by the federal Centers for Medicare and Medicaid Services, and any other available federal and state funds, upon request, to facilities for communicative technologies and accessories needed for the purposes of this section.
SECTION 8. Said chapter 111 is hereby further amended by striking out section 73 and inserting in place thereof the following section:-
Section 73. Whoever advertises, announces, establishes or maintains, or is concerned in establishing or maintaining a long-term care facility, or is engaged in any such business, without a license granted under section 71, or whoever being licensed under said section 71 violates any provision of sections 71 to 73, inclusive, shall for a first offense be punished by a fine of not more than $1,000, and for a subsequent offense by a fine of not more than $2,000 or by imprisonment for not more than two years.
Whoever violates any rule or regulation established under sections 71, 72 and 72C shall be punished by a fine, not to exceed $22,320, as the department may establish unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If any person violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order such person, in writing, to correct or remedy such condition, and if such person fails or refuses to comply with such order by the agreed upon correct by date, as defined in section 72E, each day after the agreed upon correct by date during which such failure or refusal to comply continues shall constitute a separate offense. A failure to pay the fine imposed by this section shall be a violation of this section.
SECTION 9. Section 14A of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
On a per resident basis, MassHealth shall reimburse nursing home facilities for up to and including 20 medical leave-of-absence days and shall reimburse the facilities for up to and including 10 nonmedical leave-of-absence days per year for MassHealth recipients; provided, that medical leave-of-absence days shall include an observation stay in a hospital in excess of 24 hours. No nursing home shall reassign a patient's bed during a leave of absence that is eligible for reimbursement.
SECTION 10. Said chapter 118E of the General Laws is further amended by adding the following section:-
Section 80. For the purpose of ensuring a living wage for nursing facility direct care staff, MassHealth shall enact regulations regarding standard payments from MassHealth to nursing facilities that establish a living wage for direct care staff of licensed nursing homes, including, but not limited to, certified nurse aides and housekeeping, laundry, dietary, plant operations and clerical staff. Such regulations shall ensure that such standard payments shall reimburse nursing facilities for the costs of paying a living wage, associated payroll benefits and related employee costs. MassHealth shall, subject to appropriation, adjust such payments with an inflation adjustment consistent with the annual unadjusted Skilled Nursing Facility Market Basket Update, as established by the Centers for Medicare & Medicaid Services in 42 C.F.R. § 413.337. MassHealth shall adopt all additional regulations and procedures necessary to carry out this section, provided, that such regulations shall include permissible use standards mandating that facilities shall expend these supplemental payments exclusively on direct care staff expenses, which shall be further defined in such regulations but that shall not include spending on temporary nursing staff, management staff or nursing facility administrators. Such additional regulations and procedures shall include: (i) mandated facility interim reporting to the executive office of health and human services on the ways in which the facility expects to spend; and (ii) mandated facility final reporting on the expenditure of payments received under this section, including audits and provisions that reconcile such expenditure reporting with the Direct Care Cost Quotient regulations. MassHealth shall submit to the house and senate committees on ways and means a report containing an analysis of funds expended under this program.
SECTION 11. (a) Notwithstanding any special or general law to the contrary, the center for health information and analysis, in consultation with MassHealth, the department of elder affairs, the department of public health and the health policy commission shall annually conduct an examination of cost trends and financial performance among nursing facilities, as defined by 957 CMR 7.02. The information shall be analyzed on an institution-specific and industry-wide basis. The examination shall also aggregate information collected on multiple skilled nursing facilities that are owned and operated by a single individual, trust, estate, partnership, association, company or corporation with an ownership interest of 5 per cent or more in the facilities’ operating license, management company, or associated real estate. The examination and report shall include, but not be limited to the collection and analysis of the following: (i) gross and net patient service revenues; (ii) other sources of operating and non-operating revenue; (iii) trends in relative price, payer mix, case mix, utilization and length of stay dating back to 2010; (iv) affiliations with other health care providers, including, but not limited to, preferred clinical relationships and partnerships; (v) categories of costs, including, but not limited to, general and administrative costs, nursing and other labor costs and salaries, building costs, capital costs and other operating costs; (vi) total spending on direct patient care as a percent of total operating expenses; (vii) operating and total margin; (viii) occupancy rates; and (ix) other relevant measures of financial performance and service delivery. These measures should distinguish long-term residents from short-stay residents where possible. The report and any policy recommendations shall be filed with the clerks of the house of representatives and the senate, the house of representatives and senate committees on ways and means and the joint committee on elder affairs no later than 6 months after the passage of this act.
(b) To determine affiliations between nursing facilities and other health care providers as required, the center for health information and analysis shall utilize ownership information submitted to the department of public health as part of the long-term care facility licensure determination process set forth in section 71 of chapter 111 of the General Laws. The department of public health shall provide such records as necessary for the provision of this section.
SECTION 12. Notwithstanding any general or special law to the contrary, the health policy commission shall conduct an analysis and issue a report on nursing personnel in long-term care facilities. The study shall consider the hours of care per resident per day required to prevent a substandard quality of care as defined by 42 CFR 488.301 and ensure sufficient staffing levels necessary to meet resident nursing care needs based on acuity, resident assessments, care plans, census and other relevant factors. This study shall also consider the effect of such staffing requirements on the long-term care industry including cost impact on long-term care facilities, satisfaction of the workforce and quality of care for residents.
The health policy commission shall submit to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on healthcare financing and the joint committee on elder affairs the report, including any recommendations derived from the study within 180 days of the effective date of this act.
SECTION 13. Pursuant to section 72CC of section 111 of the General Laws, each long-term care facility shall submit its outbreak response plan to the department within 180 days of the effective date of this act.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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Resolve establishing a special commission to review advancements in educational technology, digital/online learning and related programs in order to provide the Commonwealth with the most current research and information
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S38
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SD1346
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:13:38.303'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-18T15:13:38.3033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S38/DocumentHistoryActions
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Resolve
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By Mr. Timilty, a petition (accompanied by resolve, Senate, No. 38) of Walter F. Timilty that provisions be made for an investigation and study by a special commission to review advancements in educational technology, digital/online learning and related programs in order to provide the Commonwealth with the most current research and information. Advanced Information Technology, the Internet and Cybersecurity.
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Resolved, WHEREAS, there have been exceptional advancements and innovation with educational technology in recent years, and
WHEREAS, the current pandemic has demonstrated the need to upgrade the methodology of providing educational instruction and innovation to insure that our citizens and educational professionals are properly served, and
WHEREAS, it is necessary that our public officials and educational professionals to have the best possible information about the available resources to adequately provide educational opportunities for all of their constituents and particularly the underserved populations.
It is hereby Resolved, that a special commission be established to review advancements in educational technology, digital/online learning and related programs in order to provide the Administration, the Legislature, Municipalities and all other interested parties with the most current research and information concerning educational technology and content to assess the feasibility of state, local and private educational systems adopting, implementing or integrating improved technology to enhance the educational experience for students and educational professionals and reduce costs for the citizens of the Commonwealth.
The commission shall consist of 9 members as follows: the secretary of technology services and security, the chairman of the board of higher education, the chair of the board of elementary and secondary education, or their designee(s) and 6 members appointed by the governor: one of whom shall represent either UMass online or mass colleges online, one of whom shall be from the Association of Independent Colleges and Universities in Massachusetts, two of whom shall be representatives of digital learning technology and content companies , two of whom shall be a representatives of U.S. -based, large technology companies with a significant component in educational technology who have a business presence in the Commonwealth.
In addition to an analysis of the technology the commission shall address issues such as improving access to underserved populations, public/private partnerships, cost containment and the integration of educational technology in non-traditional venues.
Appointments to the commission shall be made within 30 days of the Governor’s approval of this Resolve.
The commission shall report to the Governor and the general court the results of its study and recommendations by filing the same with the Governor and the clerk of the house of representatives within 180 days of the appointments to the Commission.
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An Act to improve Massachusetts home care
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S380
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SD1245
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:19:18.38'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-11T12:19:18.38'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-20T14:59:44.59'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-26T16:52:19.2266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T11:12:14.6166667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:46:45.8366667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:04:44.1533333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T15:32:21.09'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:45:46.1133333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-09T11:38:52.4833333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-14T09:15:06.0466667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-14T15:12:25.8833333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-23T11:20:23.7533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-23T11:20:23.7533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-09T16:30:25.6266667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-13T13:00:37.56'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T14:11:44.89'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-05-01T10:48:21.4466667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-19T11:49:27.3866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T12:39:01.33'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S380/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 380) of Patricia D. Jehlen, Thomas M. Stanley, Joanne M. Comerford, Jack Patrick Lewis and other members of the General Court for legislation to improve Massachusetts home care. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 51K the following 3 sections:-
Section 51L. (a)For the purposes of this section and sections 51M and 51N, the following words shall, unless the context clearly requires otherwise, have the following meanings,:-
“Home care agency", a business, nonprofit organization or other entity engaged in providing home care services to consumers in the consumers’ residence for compensation or any entity or individual that represents itself as a home care agency by name, advertising or presentments to the public or uses the terms “home care agency” or “home care” in the entity or individual’s name; provided however, that ''home care agency'' shall not include any of the following: (i) an entity operated by either the federal government or the commonwealth providing home care services, (ii) an entity that limits its business to the provision of house cleaning services, (iii) an Aging Service Access Points entity as defined in section 4B of chapter 19A, (v) a hospice program licensed under section 57D or (vi) a home health agency as defined in section 51K.
“Home care consumers”, an individual receiving home care services or any legal representative of such individual.
“Home care services", supportive services provided to an individual in their residence to enable that individual to remain in their residence safely and comfortably, including, but not limited to, assistance with eating, toileting, dressing, bathing, transferring, ambulation and other activities of daily living, housekeeping, personal laundry and companionship. Home care services shall not include hospice services provided by an entity subject to licensure under section 57D or home health services provided by an entity subject to licensure under section 51K, services provided by a personal care attendant in the commonwealth’s personal care attendant program as defined in 130 CMR 422.000 or services provided under the MassHealth adult foster care program as defined in 101 CMR 351.00.
“Home care worker”, an individual employed by a home care agency who provides home care services to a consumer in the consumer’s residence.
“Personal care attendant”, an individual who provides consumer-directed personal care services to a consumer in the consumer’s residence, including, but not limited to, a person providing such services as defined under section 70 of chapter 118E.
“Secretary”, the secretary of health and human services.
(b) Unless otherwise expressly authorized by the secretary, no person shall establish, maintain, operate or hold oneself out as a home care agency without a home care agency license issued by the secretary and no organization or entity shall provide home care services, use the words "home care" to describe its services or establish, maintain, operate or hold itself out as a home care agency without a home care agency license issued by the secretary; provided, that licensure shall be required for home care agencies that directly employ home care workers or directly contract with a company who employs home care workers.
(c) The secretary shall issue for a term to be determined, and may renew for like terms, a home care agency license to any person or entity of any kind, other than a department, agency or institution of the federal government, the commonwealth or any political subdivision thereof, that: (i) the secretary deems responsible and suitable to establish or operate a home care agency, and (ii) meets the requirements of the executive office of health and human services established in accordance with the office’s rules and regulations developed in consultation with the executive office of elder affairs and the department of public health as provided in subsection (e).
A home care agency license shall be subject to suspension, revocation or refusal to renew for cause. License application and renewal fees shall be established pursuant to section 3B of chapter 7.
The secretary may issue a provisional license for a term not to exceed 120 days to an applicant that has not previously operated home care services, or to a home care agency that is operating but is temporarily unable to meet applicable standards and requirements. If a provisional licensee has made significant progress towards meeting such requirements, the secretary may renew the provisional license once for a period not to exceed 120 days from the expiration of the initial provisional license.
(d) The secretary may impose a fine on a person or entity that advertises, announces, establishes, or operates a home care agency without a license granted by the secretary. The secretary may impose a fine on a licensed home care agency that violates this section, or any rule or regulation promulgated hereunder. Each day during which a violation continues shall constitute a separate offense.
The secretary, in collaboration with the executive office of elder affairs and the department of public health, may conduct surveys and investigations to enforce compliance with this section.
(e) The secretary shall, in consultation with the executive office of elder affairs and the department of public health, promulgate rules and regulations for the licensing and conduct of a home care agency. In developing these rules and regulations, the secretary shall review all existing licensure, reporting and oversight requirements across the long-term care services and support system and other relevant state agencies, including the provider monitoring conducted by the Aging Services Access Points, to avoid duplication or conflicting requirements and to ensure that home care agency licensure processes align with the current licensure for home health agencies and with state oversight process already in place through the Aging Services Access Points and the nurse aide registry.
The regulations shall include, but shall not be limited to:
(i) background screening check requirements for all home care workers which may include: (1) Massachusetts criminal background checks, (2) state or county criminal history screenings for each location outside of the commonwealth in which the home care professional is known to have lived or worked during the previous 5 years, (3) review of the federal Office of Inspector General List of Excluded Individuals/Entities, (4) review of the nurse aide registry, (5) applicable professional licensing board check and (6) for all home care professionals who will transport consumers, verification of auto insurance and driving records for a minimum of the previous 5 years;
(ii) minimum standards for consumer-specific service plans and contracts; provided, that the plans shall include: (1) a detailed description of services, including services the primary agency is subcontracting to another agency or provider, (2) a written unit rate and total cost of services, inclusive of any additional fees or deposits, and (3) contact information for consumer questions;
(iii) minimum coverage requirements for workers’ compensation insurance and liability insurance;
(iv) maintenance of a payroll process that follows all state and federal labor and wage laws;
(v) annual and ongoing training and competency requirements for home care agency staff that are in direct contact with home care consumers; provided, that minimum training requirements shall include (1) confidentiality and privacy of home care consumer’s rights, (2) infection control and communicable diseases, (3) handling of emergencies, including safety and falls prevention, (4) observation, reporting and documenting changes in consumer needs and environment, (5) identifying and reporting suspected abuse, neglect or theft, and (6) wage theft. The trainings shall be culturally and linguistically competent for the trainee;
(vi) policies and procedures to ensure home care workers have safe working conditions, adequate training and a process for submitting complaints;
(vii) maintenance of an emergency preparedness plan;
(viii) meeting of quality metrics and standards to be set forth in the licensing regulations;
(ix) requirements and written processes for the timely reporting of home care consumer complaints;
(x) a suitability determination process; provided, that the process shall include, but not be limited to, requiring all applicants to attest to having sufficient financial capacity to provide ongoing care and services in compliance with state law and regulation; and
(xi) providing adequate equipment and supplies for home care workers.
(f) The secretary shall be responsible for licensing home care agencies. To accomplish the objectives set forth in this section, the secretary may coordinate and consult with the offices and agencies that are interested in matters pertaining to the delivery of home care services, including but not limited to: (1) the department of public health, (2) the executive office of elder affairs, (3) the department of consumer affairs and business regulation and (4) the department of public health. The responsibilities of the regulating agency shall include:
(i) reviewing and processing licensure applications, including a suitability review that ensures the applicant can meet the obligations and conditions of licensure, including:
(A) a review of the state disbarment list and federal Office of Inspector General List of Excluded Individuals/Entities; and
(B) a competency review where all individuals with at least a 5 per cent ownership stake in the home care agency shall submit the individuals’ names, contact information, companies where they have at least a 5 per cent ownership, any civil or criminal findings against said individual, and a completed background check;
(ii) establishing a process for a change of ownership that includes advanced notice to home care consumers and home care workers and a review by the regulating state agency to determine if the new licensee can meet the obligations and conditions of licensure, including a suitability review; provided, that home care agency licenses shall not be transferable;
(iii) working with other regulators to investigate and resolve complaints;
(iv) imposing fines on the licensee when determined to be appropriate;
(v) suspending or revoking licenses when determined to be appropriate;
(vi) posting a listing of licensed home care agencies on a publicly available webpage;
(vii) allowing for “deemed status” for licensure of home care agencies if an Aging Service Access Points or MassHealth provider contract is in place;
(viii) establishing of quality metrics and standards for monitoring the licensed home care agency performance, including reporting mechanisms for tracking performance; and
(ix) annual reporting by home care agencies, which may include reporting on quality metrics and significant changes related to home care agency finances.
Section 51M. (a) The secretary, in consultation with the home care worker and consumer abuse stakeholder advisory committee establishing in subsection (b), MassHealth, the department of elder affairs, the department of public health and the PCA quality home care workforce council established pursuant to section 71 of chapter 118E, shall adopt minimum standards and procedures for addressing abusive treatment and bullying of Massachusetts home care workers, personal care attendants and home care consumers. The standards and procedures shall address physical, verbal and mental abuse either of or from individual home care consumers as well as any abusive treatment or bullying from home care consumer surrogates, family members, other caregivers and any others present in the home care consumers’ household when the home care worker is providing home care services. The standards and procedures shall promote appropriate home care worker and home care consumer training and support and a safe and healthy work environment for home care workers, while recognizing the privacy rights of home care consumers, the role of personal care attendant consumer employers and that home care consumers may have a disruptive behavioral disorder underlying abuse behavior.
(b) There shall be a home care worker and consumer abuse stakeholder advisory committee that shall meet, study and make recommendations to the secretary relative to standards and procedures for addressing abusive treatment and bullying of home care workers, personal care attendants and home care consumers.
The advisory committee shall consist of the following 16 members: the secretary or a designee, who shall serve as chair; the assistant secretary for MassHealth or a designee; the secretary of elder affairs or a designee; the commissioner of public health or a designee; the chairs of the joint committee on elder affairs or their designees; and 10 persons to be appointed by the governor, 1 of whom shall be a personal care attendant, 1 of whom shall be a home care agency direct care worker, 1 of whom shall be a consumer of personal care attendant services who shall be a member of the PCA workforce council, 1 of whom shall be a consumer of home care agency services, 1 of whom shall be a representative of the statewide independent living council, 1 of whom shall be a representative of the Disability Law Center, Inc., 1 of whom shall be a representative of the Massachusetts Home Care, Inc., 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., and 1 of whom shall be a representative of the Massachusetts division of 1199SEIU. The members of the advisory committee shall serve without compensation.
The advisory committee shall submit a report containing initial findings and recommendations, including drafts of proposed legislation or regulatory changes to carry out its recommendations, by filing the same with the clerks of the senate and house of representatives, the joint committee on elder affairs and the joint committee on public health. The advisory committee shall continue to meet quarterly following submission of the report and until the advisory committee votes to dissolve itself.
(c) The home care worker and consumer abuse stakeholder advisory committee shall study and make findings and recommendations relative to the development and implementation of minimum standards and procedures for addressing abusive treatment and bullying of Massachusetts home care workers, personal care attendants and home care consumers. The advisory committee’s study, findings and recommendations shall include, but not be limited to:
(1) Reporting and debriefing, including best practices for standards and procedures for home care workers and their home care consumers experiencing abusive treatment, bullying or neglect to report abuse to the home care workers’ employers or appropriate state entities, including the PCA workforce council or MassHealth for personal care assistants, without retaliation and while retaining the right to report any criminal activity to law enforcement. The standards shall include, but not be limited to, best practices for a debriefing process for affected home care workers and home care consumers following violent acts.
(2) Tracking and record retention, including best practices for standards and procedures for the secretary to track and monitor reports of both home care worker abuse and reports of home care consumer abuse or neglect.
(3) Informing workers, including best practices for standards and procedures that would require employers of home care workers or other appropriate state entities, including the PCA workforce council or MassHealth for personal care assistants, to regularly inform home care workers of patterns of consumer or worker abuse or bullying that indicates a potentially unsafe working environment. The standards and procedures shall respect home care consumer privacy while prioritizing home care worker safety and while ensuring continuity of care.
(4) Training and employer policies, including best practices for standards and procedures for the secretary, in consultation with home care employers and other stakeholders, to develop and implement home care worker and home care consumer orientations and other trainings on: (i) worker abuse and bullying, (ii) escalation cycles and effective de-escalation techniques and (iii) culturally competent and peer-to-peer trainings and strategies to prevent physical harm with hands-on practice or role play. The training and employer policies shall also include best practices for home care employers to implement additional internal plans and procedures to: (A) reduce workplace violence and abuse, (B) offer resources to employees for coping with the effects of violence and (C) develop labor-management workplace safety committees. The training and employer policies shall consider and avoid duplication of existing requirements and trainings in place through Aging Service Access Points.
Section 51N. (a) There is hereby established a home care oversight advisory council within the executive office of health and human services.
The advisory council shall advise the secretary relating to the regulations described in subsection (e) of section 51L. The executive office of health and human services shall consult with the advisory council on implementation of the home care agency licensure process outlined in section 51L. The advisory council may also conduct a review concurrently with the development of the home care agency licensure process to include, but not be limited to:
(i) the process of implementing the new home care agency licensure process in the commonwealth, including the creation of a provisional license to address identified gaps in home care services;
(ii) existing licensure, reporting and oversight requirements across the long-term care services and support systems and other relevant state agencies, including the provider monitoring conducted by the Aging Services Access Points, to avoid duplication and conflicting requirements;
(iii) home care agency licensure requirements in other states;
(iv) processes to ensure that the home care agency licensure process will align with licensure for home health agencies and with state oversight process already in place through the Aging Services Access Points, the home care worker registry established in section 4D of chapter 19A and the nurse aide registry established in section 72J;
(v) the development of a process for state government to conduct a statewide home care market analysis and report on current available home care services in all regions that may inform the regulating agency and the issuance of new home care agency licenses; and
(vi) any additional subjects that the home care oversight advisory council and the secretary deem necessary and appropriate.
(b) The advisory council shall be composed of the secretary or their designee, who shall serve as chair; the chairs of the joint committee on elder affairs or their designees; the secretary of elder affairs or their designee; the commissioner of public health or their designee; the assistant secretary for MassHealth or their designee; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and 4 persons to be appointed by the governor, 1 of whom shall be a representative of the Home Care Aide Council, 1 of whom shall be a representative of the Home Care Alliance of Massachusetts, Inc., 1 of whom shall be a representative of Massachusetts Home Care, Inc. and 1 of whom shall be a representative of the Massachusetts division of 1199SEIU.
(c) The council shall meet quarterly. Upon the promulgation of regulations for home care agency licensure pursuant to subsection (e) of section 51L, the council may introduce a motion to dissolve by a majority vote of its members.
SECTION 2. Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by inserting after the word “thereof”, in line 21, the following words:- and an employer of a personal care attendant as defined in section 70 of chapter 118E, including individual consumers of a personal care attendant.
SECTION 3. The secretary of health and human services shall, in consultation with the executive office of elder affairs and the department of public health, promulgate rules and regulations for the licensing and conduct of a home care agency, as provided in subsection (e) of section 51L of chapter 111 of the General Laws, within 1 year of the effective date of this act.
SECTION 4. The home care worker and consumer abuse stakeholder advisory committee established in subsection (b) of section 51M of said chapter 111 shall meet at least monthly in the first 6 months after the effective date of this act to develop initial findings and recommendations. The advisory committee shall submit the report described in said subsection (b) of said section 51M of said chapter 111 not later than 6 months after the effective date of this act.
SECTION 5. Members of the home care oversight advisory council established in section 51N of said chapter 111 shall be named and the council shall commence its work within 60 days of the effective date of this act.
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An Act establishing an LGBTQI long-term care facility bill of rights
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S381
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SD2235
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T12:25:28.15'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-16T12:25:28.15'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T09:25:46.0333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T09:25:46.0333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:04:03.0566667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:10:59.0766667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T14:10:51.01'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-23T11:19:56.7366667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-13T13:00:53.5066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S381/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 381) of Patricia D. Jehlen, Rebecca L. Rausch, Jack Patrick Lewis, Susannah M. Whipps and other members of the General Court for legislation to establish an LGBTQI long-term care facility bill of rights. Elder Affairs.
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Chapter 111 of the General Laws is hereby amended by inserting after section 72BB the following section:-
Section 72CC. (a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:
"Gender expression", a person's gender-related appearance and behavior, whether or not stereotypically associated with the person's birth sex.
"Gender identity" or “Gender”, a person’s gender-related identity, appearance, or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or birth sex. Gender-related identity may be shown by providing evidence including, but not limited to, medical history, care or treatment of the gender-related identity, consistent and uniform assertion of the gender-related identity or any other evidence that the gender-related identity is sincerely held as part of a person’s core identity; provided, however, that gender-related identity shall not be asserted for any improper purpose.
"Gender-nonconforming", a person whose gender expression does not conform to stereotypical expectations of that person's gender.
"Gender transition", a process in which a person begins to live according to that person's gender identity, rather than the sex the person was assigned at birth. The process may include changing one's clothing, appearance, name, or identification documents or undergoing medical treatments.
“HIV”, human immunodeficiency virus.
"Intersex", a person whose sexual or reproductive anatomy or chromosomal pattern is not consistent with typical definitions of male or female.
"LGBTQI", lesbian, gay, bisexual, transgender, questioning, queer, and intersex.
"Long-term care facility", any institution, whether conducted for charity or profit, that is advertised, announced, or maintained for the express or implied purpose of providing 4 or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facility shall include convalescent or nursing homes, rest homes, infirmaries maintained in towns and charitable homes for the aged.
"Long-term care facility staff", all individuals employed by, or contracted directly with, a long-term care facility.
"Non-binary" describes a person whose gender identity falls outside of the traditional gender binary structure of man and woman.
"Resident", a resident, or patient of a long-term care facility.
"Queer", a person whose gender expression, gender identity or sexual orientation does not conform to dominant expectations or standards.
"Questioning", a person who is exploring or unsure about their own sexual orientation or gender identity or expression.
"Sexual orientation", a person's romantic or sexual attraction to other people.
"Transgender", a person whose gender identity or gender expression differs from the birth sex of that person.
(b) Except as provided in subsection
(c), any long-term care facility and long-term care facility staff are prohibited from taking any of the following actions based in whole or in part on a person's actual or perceived sexual orientation, gender identity, gender expression, intersex status, or HIV status:
(1) denying admission to a long-term care facility, transferring or refusing to transfer a resident within a facility or to another facility or discharging or evicting a resident from a facility;
(2) denying a request by residents to share a room;
(3) where rooms are assigned by gender, assigning, reassigning or refusing to assign a room to a transgender resident other than in accordance with the transgender resident's gender identity, unless at the transgender or resident's request, and assigning, reassigning or refusing to assign a room to a non-binary resident other than in accordance with the non-binary resident’s preference.
(4) prohibiting a resident from using, or harassing a resident who seeks to use or does use, a restroom available to other persons of the same gender identity, regardless of whether the resident is making a gender transition, has taken or is taking hormones, has undergone gender affirmation surgery or presents as gender-nonconforming. For the purposes of this paragraph, harassment includes, but is not limited to, requiring a resident to show identity documents in order to gain entrance to a restroom available to other persons of the same gender identity;
(5) repeatedly and intentionally failing to use a resident's chosen name or pronouns after being informed of the chosen name or pronouns, in a manner that constitutes discrimination, harassment or bullying;
(6) denying a resident the right to wear or be dressed in clothing, accessories or cosmetics or to engage in grooming practices that are permitted to any other resident;
(7) restricting a resident's right to associate with other residents or with visitors, including the right to consensual sexual relations where sexual relations would not be restricted if the participants were heterosexual or married;
(8) denying or restricting medical or nonmedical care that is appropriate to a resident's organs and bodily needs or providing medical or nonmedical care that, to a similarly-situated, reasonable person, unduly demeans the resident's dignity or causes avoidable discomfort; or
(9) refusing or willfully failing to provide any service, care or reasonable accommodation to a resident or an applicant for services or care.
(c) The requirements of this section shall not apply to the extent that compliance with the requirement is incompatible with any professionally-reasonable clinical judgment.
(d) Each facility shall distribute a document containing the following notice alongside the informational document required by section 72AA:
"[Name of facility] does not discriminate and does not permit discrimination, including, but not limited to, bullying, abuse or harassment, on the basis of actual or perceived sexual orientation, gender identity, gender expression, intersex status or HIV status or based on association with another individual on account of that individual's actual or perceived sexual orientation, gender identity, gender expression, intersex status or HIV status. This includes residents and staff as well as family members and other visitors to the facility. You may file a complaint with the office of the long-term care ombudsman, [provide current contact information] if you believe you have experienced this kind of discrimination."
(e) Each long-term care facility shall ensure that resident records, including records generated at the time of admission, include the resident's gender and the name and pronouns by which the resident would like to be identified, as indicated by the resident.
(f) Unless required by state or federal law, no long-term care facility shall disclose any personal identifying information regarding: (1) a resident's sexual orientation; (2) whether a resident is transgender or non-binary; (3) a resident's gender transition status; (4) a resident's intersex status; or (5) a resident's HIV status. Long-term care facilities shall take appropriate steps to minimize the likelihood of inadvertent or accidental disclosure of such information to other residents, visitors, or long-term care facility staff, except when necessary for long-term care facility staff to perform their duties.
(g) Unless expressly authorized by the resident or the resident's authorized representative, long-term facility staff not directly involved in providing direct care to a resident. A facility shall use doors, curtains, screens, or other effective visual barriers to provide bodily privacy for all residents, including, but not limited to, transgender, non-binary, intersex or gender-nonconforming residents, whenever they are partially or fully unclothed.
(h) Informed consent shall be required in relation to any non-therapeutic examination, observation, or treatment of a resident of the facility.
(i) Transgender residents shall be provided access to such transition-related assessments, therapy and treatments as have been recommended by the resident's health care provider, including, but not limited to, transgender-related medical care, including hormone therapy and supportive counseling.
(j) LGBTQI-related programming, such as an LGBTQI Pride Month event or a Transgender Day of Remembrance event, will be allowed and treated equally to other holidays and cultural celebrations or commemorations.
(k) The department shall adopt regulations relative to long-term care facilities that violate the requirements of this section, or that employ a staff member who violates the requirements of this section. The regulations shall include, but not be limited to, civil penalties or other administrative action for any long-term care facility found to be in violation of this section. Nothing in this act shall be construed to limit the ability to bring any civil, criminal, or administrative action for conduct constituting a violation of any other provision of law.
(l) (1) Each long-term care facility shall ensure that the long-term care facility staff receive training, on at least a biennial basis, concerning:
(i) the care of LGBTQI older adults and older adults living with HIV; and
(ii) the prevention of discrimination based on sexual orientation, gender identity or expression, intersex status, and HIV status.
(2)The training required by this section shall include, but not be limited to:
(i) the definition of the terms commonly associated with sexual orientation, gender identity and expression, intersex status, and HIV status;
(ii) best practices for communicating with or about LGBTQI older adults and older adults living with HIV, and others who are LGBTQI and/or living with HIV, including the use of the name and pronouns by which a resident has expressed the desire to be identified;
(iii) a description of the health and social challenges historically experienced by LGBTQI older adults and older adults living with HIV, and others who are LGBTQI and/or living with HIV, including discrimination when seeking or receiving care at long-term care facilities, and the demonstrated physical and mental health effects within the LGBTQI community associated with such discrimination;
(iv) strategies to create a safe and affirming environment for LGBTQI seniors and residents living with HIV, including suggested changes to facility policies and procedures, forms, signage, communication between residents and their families, activities and staff training and in-services; and
(v) an overview of the provisions of this section.
(3) The training required by this section shall be provided by an entity that has demonstrated expertise in creating safe and affirming environments and identifying the legal, social, and medical challenges faced by LGBTQI older adults and older adults living with HIV, and others who are LGBTQI and/or living with HIV, who reside in long-term care facilities.
(4) Long-term care facility staff shall complete all training required by this section within 1 year of their date of hire unless the new hire provides the long-term care facility with documentation demonstrating that they have completed equivalent training within the past 2 years.
(5) Each long-term care facility shall retain records documenting the completion of the training required pursuant to this section by each administrator and staff member at the long-term care facility. Compliance records shall be made available, upon request, to the department, the executive office of health and human services and the office of the long-term care ombudsman.
(6) Each long-term care facility shall assume the cost of providing the training required pursuant to this section.
(m) The commissioner and the secretary of the executive office of health and human services shall adopt rules and regulations as may be necessary to implement the provisions of this section.
SECTION 2. (a) Each long-term care facility shall designate 2 employees, including 1 employee representing management at the facility and 1 employee representing direct care staff at the facility, to receive in-person training required by section 1 within 6 months of the effective date of this act. The designated employees shall serve as points of contact for the long-term care facility regarding compliance with the provisions of this act and shall develop a general training plan for the facility. In the event a designated employee ceases to be employed by the facility, the facility shall designate another employee who is representative of the employee group represented by the former designee, who shall complete the in-person training required pursuant to this section, serve as a point of contact for the facility regarding compliance with the provisions of this act, and have joint responsibility for the facility's training plan.
(b) All long-term care facility staff employed by a long-term care facility on the effective date of this act, other than an employee designated pursuant to subsection (a), shall complete the training required by section 1 within 1 year of the effective date of this act.
SECTION 3. This act shall take effect 180 days after the date of enactment.
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An Act relative to complex care needs for seniors in SCO programs
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S382
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SD636
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:41:19.843'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-12T10:41:19.8433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S382/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 382) of Edward J. Kennedy for legislation relative to complex care needs for seniors. Elder Affairs.
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SECTION 1. Section 9D of chapter 118E of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (e)(5) in its entirety and replacing it with the following new section:-
(5) The SCO shall be required to evaluate all its enrollees to determine if an enrollee has complex care needs within 90 days of initial enrollment, as well as on an annual basis, or as requested by the enrollee's primary care physician, or as requested by the enrollee or his authorized representative. If it is determined that an enrollee has complex care needs, the enrollee may receive the ongoing services of a primary care team. If the primary care team determines that the complex care enrollee requires the ongoing services of a primary care team, the primary care team shall develop and monitor a plan of care for said enrollee, and arrange for and deliver all services called for in the plan of care. If an enrollee is deemed to have complex care needs, but the primary care team determines the complex care enrollee does not require the services of a primary care team, the enrollee shall receive the services of a primary care physician and may appeal to the SCO to receive primary care team services. The SCO shall conduct a standard review and make a decision following receipt of all required documentation and, if requested by the primary care physician, the SCO shall conduct an expedited review. The timeline for standard and expedited reviews shall meet the requirements established under 42 C.F.R. 422.568 and 422.572. The SCO shall develop criteria for the primary care team to employ when determining whether the complex care enrollee requires the ongoing services of a primary care team. The SCO shall submit the criteria to the division of medical assistance for its approval.
Summary: This language will amend the SCO enabling statute to extend the time frame within which new SCO enrollees must be evaluated to assess their complex care needs. Since its creation, SCO has been a program which new enrollees must proactively join. As part of its Duals Demonstration 2.0 waiver request, MassHealth is seeking to passively enroll new members into SCO. Given the differences in passive and active enrollment – difficulty reaching and locating new members, assessing the complex care needs of members who are new to managed care – it will be important for the SCO plans and their Aging Service Access Point (ASAP) partners to have sufficient time to outreach and assess new members’ needs.
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An Act to improve Alzheimer's and dementia care in Senior Care Options programs
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S383
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SD945
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T14:46:42.617'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T14:46:42.6166667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-30T11:16:54.19'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-07T10:23:58.5233333'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-10T11:05:33.9833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-10T11:05:33.9833333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-10T11:05:33.9833333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-10T11:05:33.9833333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T09:57:24.07'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-13T09:57:24.07'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-14T14:16:13.6733333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:02:37.4533333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T15:40:04.55'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-21T16:36:33.46'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-13T16:08:17.8333333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-13T16:08:17.8333333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-27T16:06:10.0466667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-27T16:06:10.0466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-29T10:40:29.22'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-05-03T11:09:24.05'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-05-10T16:02:25.37'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-06-07T11:32:59.8333333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-27T11:02:23.22'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-27T11:02:23.22'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 383) of Jason M. Lewis, Michael J. Barrett, Vanna Howard, Brian M. Ashe and other members of the General Court for legislationt to improve Alzheimer's and dementia care in Senior Care Options program. Elder Affairs.
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SECTION 1. Chapter 118E of the general laws is hereby amended by adding the following new section:
Section 78. (a) Definition: “Dementia Care Coordination”, a proactive care consultation service.
(b) To ensure that members of Senior Care Options (SCOs) plans receive cost effective, quality dementia care, MassHealth shall require that all Massachusetts Senior Care Options plans provide Dementia Care Coordination (DCC) to SCO members that have been diagnosed with Alzheimer’s disease and related dementias.
Upon a referral from a clinician, a patient with dementia and their care consultant will receive an outgoing call from a trained clinician, who shall provide care consultation services to the family, resulting in an individualized family care plan and a companion summary to the referring clinician for inclusion in the permanent medical record.
The Care Plan shall provide guidance in dementia caregiving strategies, including symptom management strategies, communication techniques, legal and financial issues, safety recommendations, and referrals to appropriate community support services.
(c ) In order to meet the requirements of this Section, SCO plans may contract with community partners, or directly provide DCC services to their members.
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An Act strengthening the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect
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S384
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SD968
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:07:43.867'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-11T15:07:43.8666667'}, {'Id': 'A G7', 'Name': 'Andrea Joy Campbell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A%20G7', 'ResponseDate': '2023-01-23T13:44:48.16'}]
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 384) of Jason M. Lewis and Andrea Joy Campbell for legislation to strengthen the Attorney General’s tools to protect nursing home residents and other patients from abuse and neglect. Elder Affairs.
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Section 72K of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following 2 new subsections:-
(b) The attorney general may file a civil action against a person who commits abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property, or against a person who wantonly or recklessly permits or causes another to commit abuse, mistreatment or neglect of a patient or resident or who misappropriates patient or resident property. The civil penalty for such abuse, mistreatment, neglect or misappropriation shall not exceed: $25,000 if no bodily injury results; $50,000 if bodily injury results; $100,000 if sexual assault or serious bodily injury results; and $250,000 if death results. Section 60B of chapter 231 shall not apply to an action brought by the attorney general pursuant to this section. Nothing in this section shall preclude the filing of any action brought by the attorney general or a private party pursuant to chapter 93A or any action by the department pursuant to this chapter.
(c) Notwithstanding section 5 of chapter 260, the attorney general may file a civil action only within four years next after an offense is committed.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J44', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J44'}, 'Votes': []}]
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An Act relative to expanding the availability of personal care homes for older adults
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S385
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SD245
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:18:40.29'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:18:40.29'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T10:58:13.58'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-02-08T11:56:25.2266667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-21T14:21:03.0133333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-21T14:20:41.7033333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-23T09:35:14.4366667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-13T13:19:28.97'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-24T09:00:40.4'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S385/DocumentHistoryActions
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 385) of Joan B. Lovely, Joanne M. Comerford, John C. Velis, Mathew J. Muratore and others for legislation relative to expanding the availability of personal care homes for older adults. Elder Affairs.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 19D, the following new chapter: –
Chapter 19D1/2
Section 1: Purpose
(a) The purpose of this chapter is to enable a setting of care that is referred to as personal care homes. This chapter establishes licensing requirements to protect the health, safety and wellbeing of personal care home residents.
(b) Personal care homes are designed to provide safe, humane, comfortable and supportive residential settings for adults who require assistance or supervision with activities of daily living or instrumental activities of daily living, and qualify for the State Home Care Program. Residents who live in personal care homes that meet the requirements in this chapter will receive the encouragement and assistance they need to develop and maintain maximum independence and self-determination.
Section 2: Definitions
When used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings:
''Aging services access point'' or ''ASAP'', any agency designated by the executive office of elder affairs pursuant to section 4B of chapter 19A.
"Commissioner", the commissioner of the department of transitional assistance as established by section 3 of chapter 18, or her designee.
“License”, a certificate of compliance issued by the Secretary permitting the operation of a personal care home, at a given location, for a specific period of time, for a specified capacity.
''MassHealth Senior Care Options" or “SCO program", a program of medical, health and support services covered under Title XIX or Title XVIII of the Social Security Act, provided through senior care organizations.
“Personal care home” or “home”, a premise in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for no more than six adults who are not relatives of the sponsor, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. The term includes a premise that has held or presently holds itself out as a personal care home and provides food and shelter to no more than six adults who need personal care services, but who are not receiving the services.
“Personal care home administrator” or “administrator”, an individual who is charged with the general administration of a personal care home, whether the individual has an ownership interest in the personal care home, and whether functions and duties are shared with other individuals.
“Secretary”, the secretary of the department of elder affairs as established by section 1 of chapter 19A, or her designee.
“Sponsor”, a person, society, corporation, governing authority or partnership legally responsible for the administration and operation of a personal care home.
“State Home Care Program”, an array of programs enabled by section 4 of chapter 19A that create a continuum of long-term care supports that shall also include the MassHealth Senior Care Options program.
Section 3: Regulations
The secretary may promulgate regulations for the implementation, administration and enforcement of this chapter; provided that regulations pursuant to section four are separate and distinct from regulations pursuant to sections five and six.
Section 4: Licensing of personal care homes
The secretary shall issue for a term of two years, and shall renew for like terms, a license, subject to revocation by it for cause, to any sponsor whom it deems responsible and suitable to establish or maintain a personal care home, which meets the requirements that the secretary established in accordance with her rules and regulations; provided, however, that each personal care home shall be inspected at least once a year.
The secretary may delegate the duty of inspection to an ASAP, and the results of said inspection will inform the secretary’s determination on the issuance or renewal of a license.
For purposes of this section, the secretary’s determination of responsibility and suitability shall include the following factors:
(i) the criminal history of the prospective sponsor, or any officer, director, shareholder or general or limited partner thereof, to which the secretary has been granted access or certification or may be subsequently granted access or certification by the department of criminal justice information services;
(ii) the financial capacity of the prospective sponsor to operate the personal care home in accordance with applicable laws;
(iii) the history of the prospective sponsor in providing home and community based long term care services within the commonwealth measured by compliance with applicable statutes and regulations governing the operation of such services; and
(iv) the history of the prospective sponsor in providing home and community based long term care services in states other than the commonwealth, if any, measured by compliance with the applicable statutes and regulations governing the operation of such services in said states.
(v) any other factors deemed reasonable and necessary by the secretary and promulgated in regulations pursuant to this chapter.
The secretary may, when public necessity and convenience require, or to prevent undue hardship to a sponsor or potential sponsor, under such rules and regulations as it may adopt, grant a temporary provisional or probationary license under this section; provided, however, that no such license shall be for a term exceeding one year.
Section 4A: Exemptions
No person shall advertise, operate or maintain a personal care home without the license required by this chapter; provided, however, that the provisions of this chapter shall not apply to such entities for the original facilities and services for which said entities were originally licensed or organized to provide:
(1) assisted living residence as defined by section 1 of chapter 19D;
(2) convalescent homes, nursing homes, rest homes, charitable homes for the aged or intermediate care facilities for persons with an intellectual disability licensed pursuant to section 71 of chapter 111;
(3) hospices licensed pursuant to the provisions of section 57D of chapter 111;
(4) facilities providing continuing care to residents as defined by section 76 of chapter 93;
(5) congregate housing authorized by section 39 of chapter 121B;
(6) group homes operating under contract with the department of mental health or the department of developmental services;
(7) housing operated for only those duly ordained priests, or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious orders; or
(8) Premises where the owner of the real property of the premises has no ownership, control or affiliation with any provider of home-based and community-based personal assistance services at those premises.
Section 4B: Transfer of Ownership
In the case of the transfer of ownership of a personal care home, a prospective transferee, in the capacity of a prospective sponsor, shall submit a notice of intent to acquire such a home to the secretary at least ninety days prior to the transfer of ownership. The notice of intent shall be on a form supplied by the secretary and shall be deemed complete upon submission of all information that the department requires on the notice of intent form and is reasonably necessary to carry out the purposes of this section. Within ninety days of the submission of a completed notice of intent form, the secretary shall determine whether such prospective sponsor is responsible and suitable for licensure. Requests by the secretary for information other than the information required on the notice of intent form shall not extend the ninety day period. Notwithstanding the foregoing, the secretary with the consent of said prospective licensee may extend the ninety day determination period for one additional period not to exceed thirty days.
The prospective sponsor shall be deemed responsible and suitable upon the expiration of the ninety day period, or upon the expiration of said period as extended, if the secretary fails to notify said prospective sponsor in writing of its decision within the ninety day period or within the expiration of the extension period, whichever is applicable.
Upon determination by the secretary that the prospective sponsor is responsible and suitable for licensure, or upon the failure of the department to notify said prospective sponsor in writing of its decision within the required period, and upon a transfer of ownership, the prospective sponsor may file an application for a license that shall have the effect of a license until the secretary takes final action on the application.
If the secretary determines that the prospective sponsor is not suitable for licensure, the secretary's determination shall take effect on the date of the secretary's notice. In such cases, the prospective sponsor shall upon the filing of a written request with the secretary be afforded an adjudicatory hearing pursuant to chapter thirty A. During the pendency of such appeal, the prospective sponsor shall neither operate the facility as a sponsor, nor, without prior approval of the secretary, manage such personal care home.
No transfer of ownership of a personal care home shall occur unless the prospective sponsor has been deemed suitable for licensure in accordance with the provisions of this section.
Section 4C: Denial, suspension, or revocation of license
The secretary may deny, suspend or revoke a license in any case after finding a failure or refusal to comply with the requirements established under this chapter or the regulations promulgated thereunder. Notice of denial, revocation, suspension or modification and the sponsor's or prospective sponsor’s right to an adjudicatory proceeding shall be governed by the provisions of chapter 30A.
In no case shall the revocation of such a license take effect in less than thirty days after written notification by the Secretary to the personal care home.
Section 4D: Licensing Fee
The fee for the issue or renewal of each license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The fee shall be sufficient to support the direct and indirect costs incurred by the department of elder affairs related to the duties established by section 4, including, but not limited to, costs incurred when the secretary delegates inspection to an ASAP.
Section 4E: Access
The Sponsor or Administrator shall provide, upon request, immediate access to the home, the residents and records to agents of the department of elder affairs, representatives of the ASAP and representatives of the long-term care ombudsman program.
Section 5: Delivery of long-term services and supports
Consistent with the powers enumerated in section 4 of chapter 19A, the secretary shall mobilize the human, physical and financial resources available to develop and implement innovative programs and service models to support residents of personal care homes. The secretary shall encourage the development and availability of personal care homes as a care setting option for individuals who require assistance or supervision with activities of daily living, instrumental activities of daily living or both.
All residents of personal care homes who meet the eligibility requirements of the state home care program as defined in section 2 shall have access to the services and supports provided by the program.
When a personal care home resident is enrolled in the state home care program, a sponsor must accept as full payment for cost of care services the amount of the combined service revenues resulting from the state home care program, and any other formal and informal resources being coordinated through the service plan as maintained by the ASAP. All residents of personal care homes shall have a person-centered care plan maintained and authorized by an ASAP.
Section 6: Resident Contract
The personal care home shall have a signed contract with each resident that specifies the terms of his or her agreement. The secretary shall establish the minimum requirements of the resident contract between the personal care home administrator and the personal care home resident.
The resident contract shall include, but not be limited to, the following:
(1) Information regarding services the resident will receive covered under the ASAP service plan. The ASAP service plan will account for both formal and informal services coordinated for the resident, and in consideration of the service schedules of the other residents within the particular personal care home;
(2) Arrangements for payment, including cost-sharing requirements of the ASAP service plan;
(3) A grievance procedure that requires the initial grievance to be presented to the personal care home administrator, and includes an escalation process for the grievance to be further reviewed first by the ASAP and then by the executive office of elder affairs;
(4) The conditions under which either party may terminate the resident contract; and
(5) Information and acknowledged disclosure regarding how the resident may contact the community care ombudsman.
The term of a resident contract shall not exceed one year and may be renewable for one year at the option of the personal care home resident. A condition of the option is for a person-centered care plan maintained and authorized by the ASAP and approved by the personal care home resident to be in place at the time of extension.
Section 6A: Discharge
The secretary shall establish the procedural requirements for an involuntary discharge, including the notice requirements and the related appeal process, in furtherance of this section.
If a personal care home resident does not meet the terms for occupancy as stated in the resident contract, the personal care home shall not commence involuntary discharge until the administrator has discussed the reasons for the involuntary discharge with the designated representative of the personal care home resident and the ASAP care manager responsible for the service plan. Documentation of the discussions shall be placed in the resident’s record.
A resident may be involuntarily discharged only if one or more of the following occurs:
(1) The resident poses an immediate threat to self or others;
(2) The resident needs mental health services to prevent harm to self or others;
(3) The resident has substantially breached the conditions of the residential contract;
(4) The personal care home sponsor has had its license terminated, suspended, not renewed, or voluntarily surrendered; or
(5) The personal care home can no longer meet the resident’s needs with available support services. Triggering this occurrence requires a signed affirmation by the ASAP responsible for maintaining the service plan. Furthermore, triggering this occurrence requires the clinical review of an ASAP from a contiguous service area with a signed statement confirming that the reviewing ASAP does not object to the involuntary discharge for the reason of no longer being able to meet the resident’s needs with available support services.
The secretary shall establish the procedural requirements for an involuntary discharge, including the notice requirements and the related appeal process.
The administrator shall prepare plans, in consultation with the ASAP, to ensure safe and orderly involuntary discharge while protecting resident health, safety and rights.
Section 7: Supports for Room and Board
The secretary shall coordinate with the commissioner to develop an optional state supplement for recipients of supplemental security income who reside in personal care homes. The optional state supplement shall be no less than the supplement for assisted living. The optional state supplement may exceed the assisted living supplement by no more than ten percent.
The secretary shall recommend, and the commissioner shall establish and routinely revise, a personal needs allowance for residents of personal care homes.
A personal care home shall accept as full payment for room and board the amount of the combined optional state supplement and the supplemental security income payment, minus the personal needs allowance.
Section 8: ASAP Performing as Sponsor
Consistent with section 4B of chapter 19A, an ASAP may, in its role of a nonprofit agency capable of marshaling resources from within the community it serves, serve as sponsor to a personal care home. In such an instance, for the purpose of paragraph six in section 4 of chapter 19A, an ASAP coordinating and receiving the supports for room and board payments related to section 7 of said chapter shall not be considered a direct service.
When performing as a personal care home sponsor, the ASAP shall submit a plan for the review and approval of the secretary that specifies the measures taken to ensure adherence to the requirements of paragraph six in section 4 of chapter 19A.
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An Act relative to disclosing continuing care retirement community entrance fees
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S386
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SD294
| 193
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{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:18:07.993'}
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[{'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-01-11T13:18:07.9933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T11:19:31.4066667'}]
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Bill
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By Ms. Lovely, a petition (accompanied by bill, Senate, No. 386) of Joan B. Lovely for legislation relative to disclosing continuing care retirement community entrance fees. Elder Affairs.
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Section 76 of chapter 93 of the General Laws is hereby amended by adding, after paragraph (c)(8), the following new paragraph:-
(9) In addition to the requirements otherwise set forth herein, the provider shall give every prospective resident a separate document captioned "Disclosure of Entrance Fee Refund" that clearly states (a) the amount of the entrance fee to be refunded to the resident under the provider's contract, pursuant to paragraph (4) hereof; and (b) the terms, conditions and explanation of the process by which the provider shall make such refund to the resident when the resident leaves the facility or dies. The resident shall sign this statement prior to paying the full entrance fee to the provider. This requirement shall not apply to any fee paid to get on a waiting list for a continuing care retirement community.
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An Act protecting the rights of assisted living residents
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S387
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SD2080
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-20T12:54:27.707'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-20T12:54:27.7066667'}]
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 387) of Mark C. Montigny for legislation to protect the rights of assisted living residents. Elder Affairs.
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SECTION 1. Section 14 of chapter 19D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the words, “sponsor’s covenant to comply with applicable federal and state laws”, in line 12, the following:-
“including chapters 186 and 239 of the general laws”
SECTION 2. Section 14 of said chapter 19D is hereby further amended by inserting at the end thereof the following:-
“The attorney general shall promulgate regulations pursuant to section 2(c) of chapter 93A of the general laws to protect the consumer rights of residents of assisted living residences, including all assisted living residences operated by facilities providing continuing care as defined by section 76 of chapter 93, against unfair deceptive acts or practices and to provide that the violation of such regulations as well as the regulations pursuant to chapter 19 shall be considered a violation of said chapter 93A of the general laws.”
SECTION 3. Notwithstanding any general or special law to the contrary, the attorney general shall promulgate regulations pursuant to section 2 of this act, no later than one year following the passage of this act.
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Resolve relative to transparency and accountability for assisted living residences
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S388
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SD2091
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:33:42.707'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:33:42.7066667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T13:53:16.32'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-02T14:25:30.27'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-02T14:25:30.27'}]
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Resolve
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By Mr. Montigny, a petition (accompanied by resolve, Senate, No. 388) of Mark C. Montigny, Kay Khan, Paul A. Schmid, III and Christopher Hendricks that provisions be made for an investigation and study by a special commission (including members of the General Court) to establish transparency and accountability for assisted living residences. Elder Affairs.
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Resolved, Notwithstanding any general or special law to the contrary, there shall be an assisted living commission to study and recommend policies to ensure assisted living residences adequately meet the health and safety needs of residents. The study shall examine: (i) the current statutory and regulatory oversight of assisted living residences; (ii) assisted living best practices in other states; (iii) the benefits and disadvantages of licensing or certifying residences; (iv) marketing information communicated by residences to potential residents and families; (v) regulatory procedures for opening, closing or changing ownership of a residence including determination of need processes and clustering of facilities; (vi) trends in incident reports made to the executive office of elder affairs and the long term care ombudsman’s office and resolutions of such incidents; (vii) methods to provide transparency of information for potential consumers and family members researching and comparing residences; (viii) safety standards; (ix) existing consumer protections in statute and regulation; and (x) the provision of health care services in residences.
The commission shall consist of: the secretary of elder affairs or a designee, who shall serve as chair; the commissioner of public health or a designee; the assistant secretary of MassHealth or a designee; the long term care ombudsman or a designee; the chairs of the joint committee on elder affairs or designees; and 10 members to be appointed by the governor, 1 of whom shall be a representative of the Massachusetts chapter of the National Academy of Elder Law Attorneys, 1 of whom shall be a representative of LeadingAge Massachusetts, Inc., 1 of whom shall be a representative of the Massachusetts Assisted Living Association, Inc., 1 of whom shall be a representative of AARP Massachusetts, 1 of whom shall be a representative of the New England chapter of the Gerontological Advanced Practice Nurses Association, 1 of whom shall be a representative of the Massachusetts chapter of the Alzheimer’s Association, 1 of whom shall be a representative of MassPACE, 1 of whom shall be a representative of Greater Boston Legal Services, and 2 of whom shall be residents or family members of residents at an assisted living residence.
The commission shall meet not less than 6 times, including at least 1 public hearing, and shall produce a report detailing recommendations, which shall be published online by the executive office of elder affairs.
The commission shall file its report and recommendations, including proposed drafts of any necessary legislation or regulations, to the clerks of the senate and house of representatives, the joint committee on elder affairs and the house and senate committees on ways and means not more than 1 year following the effective date of this act.
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An Act providing for certification of skilled nursing facility medical directors
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S389
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SD2115
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-19T13:26:19.833'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-19T13:26:19.8333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S389/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 389) of Mark C. Montigny for legislation to provide for certification of skilled nursing facility medical directors. Elder Affairs.
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SECTION 1. For the purposes of this act the following terms shall, unless the context requires otherwise, have the following meanings:-
“Certified medical director”, an individual who has been certified as a certified medical director by the American Board of Post-Acute and Long-Term Care Medicine or an equivalent organization, as determined by the department of public health.
“Department”, the department of public health.
“Skilled nursing facility”, a facility that is licensed pursuant to section 71 of chapter 111 of the General Laws, which primarily provides inpatient skilled nursing care and related services to patients who require medical, nursing or rehabilitative services but does not provide the level of care or treatment available in a hospital, including any skilled nursing facility that is operated as a distinct part of an acute care hospital.
SECTION 2. (a) No skilled nursing facility shall contract with a person as a medical director if the person is not, or will not be within 5 years of the date of initial hire as the facility’s medical director, a certified medical director, except as set forth in subsection (b).
(b) A medical director already employed in a skilled nursing facility as of January 1, 2024 shall have until January 1, 2029 to become a certified medical director.
SECTION 3. (a) Skilled nursing facilities seeking licensure pursuant to said section 71 of said chapter 111 shall submit to the department all of the following information on its medical director upon its original or renewal application for licensure:
(1) results of a criminal background check for the medical director;
(2) the medical director’s resume; and
(3) proof of the medical director’s certification as a certified medical director or, if the medical director is not yet certified, the expected date of certification.
(c) Skilled nursing facilities shall notify the department of any changes in its medical director by submitting the information required in subsection (a) within 10 calendar days of said changes.
(d) All skilled nursing facilities shall submit to the department the information required in subsection (a) no later than June 30, 2024.
SECTION 4. Whoever acts as a certified medical director or represents themselves to be a certified medical director without having been duly certified shall be punished by a fine of not less than $500 or by imprisonment in a house of correction for not more than 6 months, or both.
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An Act protecting our soil and farms from PFAS contamination
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S39
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SD311
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T09:28:58.833'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T09:28:58.8333333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:38:46.0666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T12:18:10.4533333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-06T12:08:56.4966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T09:03:02.6066667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T09:49:43.3233333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-15T09:49:43.3233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T09:49:43.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T09:49:43.3233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-16T13:59:57.1233333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-16T13:59:57.1366667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T13:59:57.1366667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T22:37:11.0533333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-03T15:14:29.1'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T18:06:03.8233333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-07T09:57:59.47'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:42:12.1033333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-15T13:00:40.2266667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-03-29T15:28:54.8233333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-30T16:12:44.37'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-07T09:14:47.8033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-05-17T14:10:35.1533333'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-06-21T12:42:34.9566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:36:52.78'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-08-02T15:20:07.8933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S39/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 39) of Joanne M. Comerford, Susannah M. Whipps, Michael O. Moore, Anne M. Gobi and other members of the General Court for legislation to protect our soil and farms from PFAS contamination. Agriculture.
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SECTION 1. Chapter 20 of the General Laws is hereby amended by inserting after section 32 the following section:-
Section 33. An individual or entity engaged in the practice of farming, as defined in section 1A of chapter 128, shall be immune from suit and civil liability for any damages resulting from claims based on harms caused by PFAS present in soil, water, or agricultural products as a result of standard agricultural practices. For the purposes of this section, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom.
SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
2RRRRR. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Agricultural PFAS Relief Fund, which shall be used exclusively to assist farmers in the commonwealth who have suffered losses or incurred costs resulting from standard agricultural practices that may have resulted in the actual or suspected presence of PFAS in soil, water, or agricultural products.
For the purposes of this section, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom.
The Agricultural PFAS Relief Fund may receive money from: any appropriations authorized by the general court specifically designated to be credited to the fund; gifts, grants and donations from public or private sources; federal reimbursements and grants-in-aid; and any interest earned from the fund. The commissioner of agricultural resources shall promulgate rules and regulations to direct the expenditure of money from this fund for purposes including, but not limited to: testing of soil, water, or agricultural products for PFAS; costs incurred from adapting management and business practices as a result of the disallowance of use of products containing PFAS or the disruption of business caused by the presence of PFAS; development and implementation of educational resources for farmers to adapt to management changes resulting from the presence of PFAS; physical and mental health needs of farm owners and personnel resulting from exposure to PFAS; remediation practices and needed infrastructure for the elimination of PFAS; development of PFAS testing capacity at The University of Massachusetts Amherst Center for Agriculture, Food and the Environment. Regulations shall follow the department of agricultural resource’s environmental justice policy.
The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all funds under this section to ensure the highest interest rate available consistent with the safety of the fund. The books and records of the fund shall be subject to an annual audit by the state auditor.
The department of agricultural resources may expend money in the fund without further appropriation and no expenditure from the fund shall cause it to be in deficiency at the close of a fiscal year. The commissioner of agricultural resources shall report annually to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture on income received into the fund and sources of that income, any expenditure from the fund and the purpose of that expenditure and the fund’s balance. Money in the fund at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
SECTION 3. Section 12 of chapter 61A of the General Laws is hereby amended by inserting after the second paragraph the following paragraph:-
No conveyance tax under this section shall be assessed on land that is removed from agricultural or horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in soil, water, or agricultural products derived from such land. For the purposes of this paragraph, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the commissioner of revenue and the commissioner of environmental protection, may promulgate regulations to enforce this paragraph.
SECTION 4. Section 13 of chapter 61A of the General Laws is hereby amended by adding the following subsection:-
(e) No roll-back tax imposed by this section shall be assessed on land that no longer meets the definition of land actively devoted to agricultural, horticultural or agricultural and horticultural use due to regulatory action regarding the actual or suspected presence of PFAS in soil, water, or agricultural products derived from such land. For the purposes of this subsection, “PFAS” shall mean a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom. The commissioner of agricultural resources, in consultation with the commissioner of revenue and the commissioner of environmental protection, may promulgate regulations to enforce this subsection.
SECTION 5. Chapter 111 of the General Laws is hereby amended by inserting after section 171 the following section:-
Section 171A. (a) For the purposes of this section, the following words shall have the following meanings:
“Biosolids”, treated sewage sludge used for land application and surface disposal; provided, that the department of environmental protection may further define biosolids and sludge for the purposes of this section.
“PFAS”, a class of fluorinated organic compounds containing at least one fully fluorinated carbon atom.
(b) All biosolids being transported from point of origin for land application including, but not limited to, transfer to composting and fertilizer production facilities, shall be tested by the department of environmental protection for presence of PFAS. The testing results and records of the location where 10 tons or more of the biosolids were applied, including street address and parcel number, shall be kept and maintained by the transporter, offered to the land or facility owner, and submitted to the department of environmental protection.
SECTION 6. Chapter 128 of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A. The commissioner shall not issue a license pursuant to Section 66 for the retail sale of any fertilizer, compost, mulch, top soil replacement, or other soil amendments that have not been tested for the presence of perfluoroalkyl and polyfluoroalkyl substances.
The department shall set maximum levels for the amount of perfluoroalkyl and polyfluoroalkyl substances that may be in any fertilizer, compost, mulch, top soil amendment or other soil amendment sold in the retail market.
All fertilizer, compost, mulch, top soil replacement or other soil amendment for retail sale that contains any detectable perfluoroalkyl substance or polyfluoroalkyl substance must contain a warning label that states, “Warning: This product is made from sewage sludge (treated human or industrial waste). This product has been tested and found to contain perfluoroalkyl and polyfluoroalkyl substances (PFAS), which may be absorbed in plants and can cause harmful health effects at very low levels.”
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An Act to ensure resident safety within assisted living facilities
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S390
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SD2131
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:42:25.817'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-11T15:42:25.8166667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-02T14:25:19.4566667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-02T14:25:19.4566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T08:26:08.1266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S390/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 390) of Mark C. Montigny, Paul A. Schmid, III, Christopher Hendricks and James B. Eldridge for legislation for the promulgation of regulations to ensure resident safety within assisted living facilities. Elder Affairs.
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SECTION 1. Section 9 of chapter 19D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:
“(c) Notwithstanding the provisions of any general or special law to the contrary, every assisted living residence shall establish a Human Rights Committee which shall have the authority to receive and investigate, or investigate on its own motion, any complaints affecting the rights of residents. The executive office of elder affairs shall promulgate regulations regarding the composition, terms, and duties of said committee, and shall provide annual training for human rights committee members on a regional basis or virtually.
The secretary shall designate not less than two employees who shall be trained in enforcement and resolution of violations of the human rights of assisted living residents and staff. Said Human Rights Officers shall work with assisted living residences human rights committees to provide assistance and support in processing resident complaints.”.
SECTION 2: Section 14 of said chapter 19D is hereby amended by inserting after the words, “sponsor’s covenant to comply with applicable federal and state laws”, the following:- “, including chapters 186 and 239 of the general laws,”.
SECTION 3. Section 14 of said chapter 19D is hereby further amended by inserting at the end thereof the following:-
“The Attorney General shall promulgate regulations pursuant to section 2(c) of chapter 93A of the general laws to protect the consumer rights of residents of assisted living residences, including all assisted living residences operated by facilities providing continuing care as defined by section 76 of chapter 93, against unfair deceptive acts or practices and to provide that the violation of such regulations as well as the regulations pursuant to chapter 19 shall be considered a violation of said chapter 93A of the general laws.”.
SECTION 4. Section 17 of said chapter 19D is hereby amended by striking, in line 7, the words, “director of housing and community development,” and inserting in place thereof the following words:- “secretary of housing”.
SECTION 5. Said chapter 19D is hereby further amended by inserting after section 18 the following section:-
“Section 19. (a) Each assisted living residence shall ensure twenty-four hour per day coverage of at least one on-site AED provider, as defined by section 12V½ of chapter 112. Each assisted living residence shall ensure that at least one automated external defibrillator is readily available on site. The department shall not issue certification to any assisted living residence in violation of this section.
(b) Each assisted living residence shall not prohibit a staff person trained in the proper administration of cardiopulmonary resuscitation or use of an automated external defibrillator, in accordance with the definition of “AED provider” in section 12V½ of chapter 112, from administering such emergency assistance to a resident who does not have a documented or clearly visible do not resuscitate order. An assisted living residence may require documentation of proper training from such staff person before such person is permitted to render emergency care in the facility. An assisted living residence may prohibit a staff person not adequately trained in the proper administration of cardiopulmonary resuscitation or use of an automated external defibrillator from administering such emergency assistance to a resident. Such facility shall not retaliate against any trained staff person for rendering emergency assistance, including but not limited to, threatened suspension, demotion or loss of employment.”.
SECTION 6. The provisions of section 1 of this act shall take effect on July 1, 2025.
SECTION 7. Notwithstanding any general or special law to the contrary, the attorney general shall promulgate regulations pursuant to section 3 of this act, no later than one year following the passage of this act.
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An Act providing transparency and accountability of nursing home ownership
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S391
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SD2134
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T15:40:38.737'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-13T15:40:38.7366667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T09:37:50.67'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-02T14:22:10.51'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T14:22:10.51'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-02T14:22:10.51'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S391/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 391) of Mark C. Montigny, Jack Patrick Lewis, Paul A. Schmid, III, Patricia D. Jehlen and others for legislation to provide transparency and accountability of nursing home ownership. Elder Affairs.
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SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 71 and inserting in place thereof the following section:-
Section 71. For purposes of this section and sections 71A ½ to 73, the following terms shall have the following meanings unless the context or subject matter clearly requires otherwise:
“Applicant”, any person who applies to the department for a license to establish or maintain and operate a long-term care facility.
“Charitable home for the aged”, any institution, however named, conducted for charitable purposes and maintained for the purpose of providing a retirement home for elderly persons and which may provide nursing care within the home for its residents.
“Convalescent or nursing home or skilled nursing facility”, any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for four or more persons admitted thereto for the purpose of nursing or convalescent care.
“Infirmary maintained in a town”, an infirmary which hitherto the department of public welfare has been directed to visit by section 7 of chapter 121.
“Intermediate care facility for persons with an intellectual disability”, any institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the purpose of providing rehabilitative services and active treatment to persons with an intellectual disability or persons with related conditions, as defined in regulations promulgated pursuant to Title XIX of the federal Social Security Act (P.L. 89–97); which is not both owned and operated by a state agency; and which makes application to the department for a license for the purpose of participating in the federal program established by said Title XIX.
“License”, an initial or renewal license to establish or maintain and operate a long-term care facility issued by the department.
“Licensee”, a person to whom a license to establish or maintain and operate a long-term care facility has been issued by the department.
“Long-term care facility”, a charitable home for the aged, a convalescent or nursing home, an infirmary maintained in a town, an intermediate care facility for persons with an intellectual disability or a rest home.
“Owner”, any person owning 5 per cent or more of, with an ownership interest of 5 per cent or more of, or with a controlling interest in an applicant, potential transferee or the real property on which a long-term care facility is located.
“Person”, an individual, a trust, estate, partnership, association, company or corporation.
“Potential transferee”, a person who submits to the department a “notice of intent to acquire” the facility operations of a currently operating long-term care facility.
“Rest home”, any institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing care incident to old age to four or more persons who are ambulatory and who need supervision.
“Transfer of facility operations”, a transfer of the operations of a currently operating long-term care facility from the current licensee of the long-term care facility to a potential transferee, pending licensure, pursuant to a written “transfer of operations” agreement.
To each applicant it deems suitable and responsible to establish or maintain and operate a long-term care facility and which meets all other requirements for long-term care facility licensure, the department shall issue for a term of two years, and shall renew for like terms, a license, subject to the restrictions set forth in this section or revocation by it for cause; provided, however, that each convalescent or nursing home and each intermediate care facility for persons with an intellectual disability shall be inspected at least once a year.
No license shall be issued to establish or maintain an intermediate care facility for persons with an intellectual disability, unless there is a determination by the department that there is a need for such facility at the designated location; provided, however, that in the case of a facility previously licensed as an intermediate care facility for persons with an intellectual disability in which there is a change in ownership, no such determination shall be required and in the case of a facility previously licensed as an intermediate care facility for persons with an intellectual disability in which there is a change in location, such determination shall be limited to consideration of the suitability of the new location.
In the case of the transfer of facility operations of a long-term care facility, a potential transferee shall submit a “notice of intent to acquire” to the department at least 90 days prior to the proposed transfer date. The notice of intent to acquire shall be on a form supplied by the department and shall be deemed complete upon submission of all information which the department requires on the notice of intent form and is reasonably necessary to carry out the purposes of this section.
No license shall be issued to an applicant and no potential transferee may submit an application for a license unless the department makes a determination that the applicant or potential transferee is responsible and suitable for licensure.
For purposes of this section, the department's determination of responsibility and suitability shall be limited to the following factors:
(i) the criminal or civil history of the applicant or the potential transferee, including their respective owners, which shall include certification by the department of criminal justice information services and which may include a review of any pending or settled litigation or other court proceedings in the commonwealth and in other states;
(ii) the financial capacity of the applicant or potential transferee, including their respective owners, to establish or maintain and operate a long-term care facility, which may include any recorded liens and unpaid fees or taxes in the commonwealth and in other states;
(iii) the history of the applicant or potential transferee, including their respective owners, in providing long-term care in the commonwealth, measured by compliance with applicable statutes and regulations governing the operation of long-term care facilities; and
(iv) the history of the applicant or potential transferee, including their respective owners, in providing long-term care in states other than the commonwealth, if any, measured by compliance with the applicable statutes and regulations governing the operation of long term care facilities in said states.
With respect to potential transferees, upon determination by the department that a potential transferee is responsible and suitable for licensure, the potential transferee may file an application for a license. In the case of a potential transfer of facility operations, the filing of an application for a license shall have the effect of a license until the department takes final action on such application.
If the department determines that an applicant or potential transferee is not suitable and responsible, the department's determination shall take effect on the date of the department's notice. In such cases, the applicant or potential transferee shall upon the filing of a written request with the department be afforded an adjudicatory hearing pursuant to chapter 30A. During the pendency of such appeal, the applicant or potential transferee shall not operate the facility as a licensee, or, without prior approval of the department, manage such facility.
Each applicant, potential transferee and licensee shall keep all information provided to the department current. Promptly after the applicant, potential transferee or licensee becomes aware of any change to information related to information it provided or is required to provide to the department, such person shall submit to the department written notice of the changes. Changes include, but are not limited to, changes in financial status, such as filing for bankruptcy, any default under a lending agreement or lease, the appointment of a receiver or the recording of any lien.
An applicant, potential transferee or licensee and their respective owners shall be in compliance with all applicable federal, state and local laws, rules and regulations.
Prior to engaging a company to manage the long-term care facility a licensee shall notify the department in writing of the name of and provide contact information for the proposed management company and any other information on the management company and its personnel that may be reasonably requested by the department. Any such engagement must be pursuant to a written agreement between the licensee and the management company. Such written agreement shall include a requirement that the management company and its personnel shall comply with all applicable federal, state and local laws, regulations and rules. Promptly after the effective date of any such agreement, the licensee shall provide to the department a copy of the valid, fully executed agreement.
With respect to a license issued as a result of a transfer of operations, the department shall not reduce the number of beds that were on the license held by the former licensee, unless the public safety requires it.
No license shall be issued hereunder unless there shall be first submitted to the department by the authorities in charge of the long-term care facility with respect to each building occupied by residents (1) a certificate of inspection of the egresses, the means of preventing the spread of fire and apparatus for extinguishing fire, issued by an inspector of the office of public safety and inspections of the division of professional licensure; provided, however, that with respect to convalescent or nursing homes only, the division of health care quality of the department of public health shall have sole authority to inspect for and issue such certificate, and (2) a certificate of inspection issued by the head of the local fire department certifying compliance with the local ordinances.
Any applicant who is aggrieved, on the basis of a written disapproval of a certificate of inspection by the head of the local fire department or by the office of public safety and inspections of the division of professional licensure, may, within 30 days from such disapproval, appeal in writing to the division of professional licensure. With respect to certificates of inspection that the division of health care quality of the department of public health has the sole authority to issue, an applicant may, within 30 days from disapproval of a certificate of inspection, appeal in writing to the department of public health only. Failure to either approve or disapprove within 30 days, after a written request by an applicant, shall be deemed a disapproval.
If the division of professional licensure or, where applicable, the department of public health approves the issuance of a certificate of inspection, it shall forthwith be issued by the agency that failed to approve. If said department disapproves, the applicant may appeal therefrom to the superior court. Failure of said department to either approve or disapprove the issuance of a certificate of inspection within 30 days after receipt of an appeal shall be deemed a disapproval. No license shall be issued by the department until issuance of an approved certificate of inspection, as required in this section.
Nothing in this section or in section 72 or 73 of this chapter shall be construed to revoke, supersede or otherwise affect any laws, ordinances, by-laws, rules or regulations relating to building, zoning, registration or maintenance of a long-term care facility.
For cause, the department may limit, restrict, suspend or revoke the license. Grounds for cause on which the department may take such action shall include failure or inability to provide adequate care to residents, failure to maintain substantial compliance with applicable statutes, rules and regulations or lack of financial capacity to maintain and operate a long-term care facility. Limits or restrictions include requiring a facility to limit new admissions. Suspension of a license includes suspending the license during a pending license revocation action or suspending the license to permit the licensee a period of time, not shorter than 60 days, to wind down operations, and discharge and transfer, if applicable, all residents.
The department may, when public necessity and convenience require, or to prevent undue hardship to an applicant or licensee, under such rules and regulations as it may adopt, grant a temporary provisional or probationary license under this section; provided, however, that no such license shall be for a term exceeding one year.
With respect to an order to limit, restrict or suspend a license, within 7 days of receipt of the written order, the licensee may file a written request with the department for administrative reconsideration of the order or any portion thereof. Failure of the department to grant, deny or otherwise act upon any such written request within seven days of its receipt of such a request shall be deemed a denial of the request.
Upon a written request by a licensee who is aggrieved by the revocation of a license or by an applicant who is aggrieved by the refusal of the department to renew a license, the commissioner and the council shall hold a public hearing, after due notice, and thereafter they may modify, affirm or reverse the action of the department; provided, however, that the department may not refuse to renew and may not revoke the license of a long-term care facility until after a hearing before a hearings officer, and any such applicant so aggrieved shall have all the rights provided in chapter 30A with respect to adjudicatory proceedings.
In no case shall the revocation of such a license take effect in less than 30 days after written notification by the department to the licensee.
The fee for a license to establish or maintain or operate a long-term care facility shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7, and the license shall not be transferable or assignable and shall be issued only for the premises named in the application.
Nursing institutions licensed by the department of mental health, or the department of developmental services for persons with intellectual disabilities shall not be licensed or inspected by the department of public health. The inspections herein provided shall be in addition to any other inspections required by law.
In the case of new construction, or major addition, alteration, or repair with respect to any facility subject to this section, preliminary architectural plans and specifications and final architectural plans and specifications shall be submitted to a qualified person designated by the commissioner. Written approval of the final architectural plans and specifications shall be obtained from said person prior to said new construction, or major addition, alteration, or repair.
Notwithstanding any of the foregoing provisions of this section, no license to establish or maintain and operate a long-term care facility shall be issued by the department unless the applicant for such license submits to the department a certificate that each building to be occupied by patients of such convalescent or nursing home or skilled nursing facility meets the construction standards of the state building code, and is of at least type 1–B fireproof construction; provided, however, that this paragraph shall not apply in the instance of a transfer of facility operations of a convalescent or nursing home or skilled nursing facility whose license had not been revoked as of the time of such transfer; and provided, further, that a public medical institution as defined under section 2 of chapter 118E, which meets the construction standards as defined herein, shall not be denied a license as a nursing home under this section because it was not of new construction and designed for the purpose of operating a convalescent or nursing home or skilled nursing facility at the time of application for a license to operate a nursing home. An intermediate care facility for persons with an intellectual disability shall be required to meet the construction standards established for such facilities by Title XIX of the Social Security Act (P.L. 89–97) and any regulations promulgated pursuant thereto, and by regulations promulgated by the department.
Every applicant for a license and every potential transferee shall provide on or with its application or notice of intent to acquire a sworn statement of the names and addresses of any person who owns or has an ownership or control interest in the applicant or potential transferee or in the real property on which the long-term care facility is located. As used herein, the phrase ''person with an ownership or control interest'' shall have the definition set forth in 42 USC Sec. 1320a–3 of the Social Security Act and in regulations promulgated hereunder by the department.
The department shall notify the secretary of elder affairs forthwith of the pendency of any proceeding of any public hearing or of any action to be taken under this section relating to any convalescent or nursing home, rest home, infirmary maintained in a town, or charitable home for the aged. The department shall notify the commissioner of mental health forthwith of the pendency of any proceeding, public hearing or of any action to be taken under this section relating to any intermediate care facility for persons with an intellectual disability.
SECTION 2. Said chapter 111, as so appearing, is hereby further amended by striking out section 72E and inserting in place thereof the following section:-
Section 72E. The department shall, after every inspection by its agent made under authority of section 72 of this chapter, give the licensee of the inspected long-term care facility notice in writing of every violation of the applicable statutes, rules and regulations of the department found upon said inspection. With respect to the date by which the licensee shall remedy or correct each violation, hereinafter the “correct by date”, the department in such notice shall specify a reasonable time, not more than 60 days after receipt thereof, by which time the licensee shall remedy or correct each violation cited therein or, in the case of any violation which in the opinion of the department is not reasonably capable of correction within 60 days, the department shall require only that the licensee submit a written plan for the timely correction of the violation in a reasonable manner. The department may modify any nonconforming plan upon notice in writing to the licensee.
Absent good faith efforts to remedy or correct, failure to remedy or correct a cited violation by the agreed upon correct by date shall be cause to pursue or impose the remedies or sanctions available to it under sections 71 through 73 of this chapter unless the licensee shall demonstrate to the satisfaction of the department or the court, as the case may be, that such failure was not due to any neglect of its duty and occurred despite an attempt in good faith to make correction by the agreed upon correct by date. The department may pursue or impose any remedy or sanction or combination of remedies or sanctions available to it under said sections 71 through 73. An aggrieved licensee may pursue the remedies available to it under such sections.
In addition, if the licensee fails to maintain substantial compliance with applicable statutes, rules and regulations, in addition to imposing any of the other remedies or sanctions available to it, the department may require the licensee to engage, at the licensee’s own expense, a temporary manager to assist the licensee with bringing the facility into substantial compliance and with sustaining such compliance. Such manager is subject to the department’s approval, such approval not to be unreasonably withheld. Any such engagement of a temporary manager would be for a period of not less than 6 months and shall be pursuant to a written agreement between the licensee and the management company. A copy of such agreement shall be provided by the licensee to the department promptly after execution.
Nothing in this section shall be construed to prohibit the department from enforcing a statute, rule or regulation, administratively or in court, without first affording formal opportunity to make correction under this section, where, in the opinion of the department, the violation of such statute, rule or regulation jeopardizes the health or safety of residents or the public or seriously limits the capacity of a licensee to provide adequate care, or where the violation of such statute, rule or regulation is the second such violation occurring during a period of 12 full months.”; and
SECTION 3. Said chapter 111, as so appearing, is hereby further amended by striking out section 73 and inserting in place thereof the following section:-
Section 73. Whoever advertises, announces, establishes or maintains, or is concerned in establishing or maintaining a long-term care facility, or is engaged in any such business, without a license granted under section 71 of this chapter, or whoever being licensed under said section violates any provision of sections 71 to 73, inclusive, shall for a first offense be punished by a fine of not more than $1,000, and for a subsequent offense by a fine of not more than $2,000 or by imprisonment for not more than two years.
Notwithstanding the above paragraph, whoever violates any rule or regulation made pursuant to sections 71, 71C, 72, or 72C shall be punished by such fine not to exceed $23,989, unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If any person violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order him, in writing, to correct or remedy such condition, and if such person fails or refuses to comply with such order by the agreed upon correct by date as defined in section 72E, each day after the agreed upon correct by date during which such failure or refusal to comply continues shall constitute a separate offense. Fines collected pursuant to this paragraph shall be deposited into the Long-Term Care Facility Quality Improvement Fund established pursuant to section 2UUUU of chapter 29 and shall not revert to the General Fund. A failure to pay the fine imposed by this section shall be a violation of this section.
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An Act to prevent patient abuse and death in nursing homes
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S392
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SD2135
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T16:06:51.28'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T16:06:51.28'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-02T14:23:51.3066667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-02T14:23:51.3066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S392/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 392) of Mark C. Montigny, Paul A. Schmid, III and Christopher Hendricks for legislation to prevent patient abuse and death in nursing homes. Elder Affairs.
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Section 73 of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the second paragraph in its entirety and inserting in place thereof the following new paragraph:-
Notwithstanding the above paragraph, whoever violates any rule or regulation made pursuant to sections 71, 71C, 72, or 72C shall be punished by such fine not to exceed $23,989, unless the department determines a higher amount is permitted pursuant to 42 CFR 488.438. If any licensee violates any such rule or regulation by allowing a condition to exist which may be corrected or remedied, the department shall order said licensee, in writing, to correct or remedy such condition, and if such licensee fails or refuses to comply with such order, each day during which such failure or refusal to comply continues shall constitute a separate offense. Fines collected pursuant to this paragraph shall be deposited into the Long-Term Care Facility Quality Improvement Fund established pursuant to section 2UUUU of chapter 29 and shall not revert to the General Fund.
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An Act relative to reserving beds in nursing homes during certain leaves of absence
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S393
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SD2150
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T15:59:07.067'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T15:59:07.0666667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-03-02T14:25:10.5166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-02T14:25:10.5166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T16:37:10.0933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S393/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 393) of Mark C. Montigny, Paul A. Schmid, III, Christopher Hendricks and Patricia D. Jehlen for legislation relative to reserving beds in nursing homes during certain leaves of absence. Elder Affairs.
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Section 14A of chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following two paragraphs:-
In the event that a nursing facility resident who is a MassHealth recipient enters a hospital, the division shall pay to preserve his or her bed in the nursing facility for a period of up to and including 20 days per medical event. The division shall reimburse the nursing facility for the medical leave of absence, which shall include an observation stay in a hospital in excess of 24 hours.
In the event a MassHealth member is residing in a nursing facility and requests a nonmedical leave of absence, the division shall pay to preserve his or her bed in the facility for a period of up to and including 10 calendar days per year. The division shall reimburse the nursing facility for the nonmedical leave of absence.
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An Act to establish safe staffing levels at skilled nursing facilities
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S394
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SD2154
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T13:45:35.873'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-12T13:45:35.8733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S394/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 394) of Mark C. Montigny for legislation to establish safe staffing levels at skilled nursing facilities. Elder Affairs.
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The department of public health shall establish minimum staffing requirements at skilled nursing care facilities and for all level I, II and III long-term care facilities as defined in 105 CMR 150.001. Working with 1199SEIU and other appropriate stakeholders, the department shall develop amendments to the existing nursing services regulations contained in 105 CMR 150.007 that ensure these facilities employ an adequate number of nurses, certified nurse assistants, and other staff to both meet all resident needs and ensure that sufficient nursing staff with the appropriate competencies is working at any given time to assure resident safety and attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care. Said amended regulations shall include specific standards, including but not limited to, a minimum 4.1 hours of care per patient per day as well as direct-care staff-to-resident ratios to ensure consistent delivery of quality care in a safe and sanitary facility.
The department shall issue public recommendations on these issues no later than six months following final passage of this act.
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An Act relative to rest home rate adjustments
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S395
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SD2073
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:49:06.17'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-20T12:49:06.17'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-01-26T14:56:41.1733333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T12:01:50.5033333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T11:41:03.7166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S395/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 395) of Michael O. Moore, Mathew J. Muratore, Patrick M. O'Connor and Anne M. Gobi for legislation directing the secretary of health and human services to promulgate regulations that provide for rate adjustments and reimbursements for residential care homes or rest homes. Elder Affairs.
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Chapter 118E of the General Laws is hereby amended by inserting after section 79 the following section:-
Section 80. (a) The secretary of health and human services shall promulgate regulations that provide for rate adjustment and reimbursement within 90 days for any residential care home or rest home that hires licensed nursing staff to address increased clinical needs of their residents.
(b) The secretary of health and human services shall promulgate regulations that provide for rate adjustment and reimbursement within 90 days of implementing plans of correction for any residential care home or rest home subject to mandated improvements per department of public health certification and licensure surveys.
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An Act to establish the office of elder advocate
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S396
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SD924
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{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T16:51:14.74'}
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[{'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-01-18T16:51:14.74'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T16:51:14.77'}, {'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-02-02T09:22:39.32'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-13T13:25:18.39'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-16T10:38:10.9633333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-03T00:39:30.7566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T09:24:32.5'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S396/DocumentHistoryActions
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Bill
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By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 396) of Jacob R. Oliveira, Josh S. Cutler, Brian M. Ashe, Patrick M. O'Connor and other members of the General Court for legislation to establish the office of elder advocate. Elder Affairs.
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SECTION 1. Definitions.
As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
''Advisory council'', the elder advocate advisory council established in section 4.
'Elder advocate'', the elder advocate appointed under section 3.
''Critical incident'', (i) a fatality, near fatality or serious bodily or emotional injury of an older adult or person with disabilities who is in the custody of or receiving services from an executive agency or a constituent agency, or private party whose clients or residents in whole or in part of funded with public funds or (ii) circumstances which result in a reasonable belief that an executive agency or a constituent agency failed in its duty to protect an older adult or person with disabilities and, as a result, the older adult or person with disabilities was at imminent risk of, or suffered serious bodily or emotional injury or death.
''Department'', the department of public health.
''Executive agency'', a state agency within the office of the governor, including the executive office of elder affairs, the executive office of public safety and security, executive office of health and human services, the executive office of housing, the executive office of transportation and their constituent agencies, the Massachusetts interagency council on housing and homelessness.
''Office'', the office of the elder advocate.
''Serious bodily or emotional injury'', an injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty or emotional distress.
SECTION 2. Office of the Elder Advocate; Duties
There shall be an office of the elder advocate which shall be independent of any supervision or control by any executive agency. The office shall:
(a) ensure that older adults and people with disabilities involved with an executive agency, in particular, adult served by the executive office of health and human services, or executive office of elder affairs, and agencies reporting to said executive offices or private entities that receive public funding, including Medicare and Medicaid reimbursements, receive timely, safe and effective services;
(b) ensure that older adults or people with disabilities placed in the care of the commonwealth or receiving services under the supervision or regulation of an executive agency in any public or private facility shall receive humane and dignified treatment at all times, with full respect for the person's personal dignity, right to privacy, and right to a free and appropriate education in accordance with state and federal law;
(c) examine, on a system-wide basis, the care and services that executive agencies provide older adults or people with disabilities;
(d) advise the public and those at the highest levels of state government about how the commonwealth may improve its services to and for older adults, people with disabilities, caregivers, and their families; and
(e) impose temporary cost share agreements, as necessary pursuant to section 16R of chapter 6A to ensure children's timely access to services.
The office shall act to investigate and ensure that the highest quality of services and supports are provided to safeguard the health, safety and well-being of all older adults and people with disabilities receiving services. The office shall examine systemic issues related to the provision of services to older adults or people with disabilities and provide recommendations to improve the quality of those services in order to give each person the opportunity to live a full and productive life.
SECTION 3. Elder Advocate: Appointment; vacancies, removal
The office of the elder advocate shall be under the direction of the elder advocate. The elder advocate shall be the administrative head of the office and shall devote full-time to the duties of the office. The elder advocate shall be appointed by a majority vote of the attorney general, the state auditor and the governor from a list of 3 nominees submitted by a nominating committee to recommend an elder advocate. The nominating committee shall consist of: the secretary of health and human services; the commissioner of children and families; the commissioner of ; the commissioner of mental health; the executive director of the elder abuse prevention board; a geriatrician experienced in treating victims of elder abuse who shall be designated by the Massachusetts chapter of the American Academy of Geriatrics; an adult psychiatrist who shall be designated by the Massachusetts Psychiatric Society, Inc.; a adult psychologist who shall be designated by The Massachusetts Psychological Association, Inc.; a representative from the Massachusetts Association for Mental Health, Inc.; a representative of an organization that advocates on behalf of older adults and people with disabilities recommended by Dignity Alliance Massachusetts Inc.; an attorney experienced in care and protection cases who shall be designated by the Massachusetts Bar Association; a social worker who shall be designated by the Massachusetts chapter of the National Association of Social Workers, Inc.; a person with experience in elder law system who shall be designated by the chief justice of the superior court department and a representative of organized labor who shall be designated by the president of a collective bargaining unit that represents nursing home or home care workers. The work of the nominating committee shall be coordinated by the executive office of health and human services.
Any person appointed to the position of elder advocate shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability in aging services, elder law, disability law, auditing, law, management analysis, public administration and investigation or criminal justice administration. The elder advocate may, subject to appropriation, appoint such other personnel as the elder advocate deems necessary for the efficient management of the office.
The elder advocate shall serve for a term of 5 years. In case of a vacancy in the position of the elder advocate, a successor shall be appointed in the same manner for the remainder of the unexpired term. No person shall be appointed as elder advocate for more than 2 full terms.
The elder advocate may be removed from office for cause by a majority vote of the attorney general, the state auditor and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of the elder advocate shall be stated in writing and shall be sent to the clerks of the senate and house of representatives and to the governor at the time of removal and shall be a public document.
SECTION 4 Elder Advocate Advisory Council; duties and salary
There shall be a 25–member elder advocate advisory council. The advisory council shall consist of the elder advocate, who shall serve as chair, the secretary of health and human services, the secretary of elder affairs, the secretary of public safety and security, the secretary of housing, the commissioner of mental health, the commissioner of developmental services, the commissioner of public health, the commissioner of the Massachusetts rehabilitation commission, the commissioner for the deaf and hard of hearing, the commissioner for the blind, the commissioner of transitional assistance,, the chief justice of the probate and family court department, the executive director of the elder abuse prevention board, and 3 persons appointed by the governor.
The elder advocate shall meet with the advisory council at least annually and shall present to the advisory council the annual goals of the office and its plans for monitoring the work, including the continuing quality improvement, of the elder and disability service agencies and the identification of any critical gaps and issues relating to interagency collaboration. The elder advocate may consult with or request the assistance of members of the advisory council with respect to the duties and responsibilities of the office; provided however, that any request for assistance shall not place requirements on any member of the council to fulfill the request.
The advisory council shall annually set the salary of the elder advocate; provided, however, that such salary shall not exceed 90 per cent of the salary of the chief justice of the supreme judicial court.
SECTION 5. Investigation of critical incidents; coordination with other agencies, complaints
(a) An executive agency shall inform the elder advocate as soon as practicable when a critical incident has occurred. The elder advocate may conduct an investigation of the critical incident or may review an executive agency's investigation of a critical incident. When the elder advocate conducts his own investigation, he shall determine: (1) the factual circumstances surrounding the critical incident; (2) whether an agency's activities or services provided to an older adult or person with disabilities and his family were adequate and appropriate and in accordance with agency polices and state and federal law; and (3) whether the agency's policies, regulations, training or delivery of services or state law can be improved.
(b) Before investigating any critical incident, the elder advocate shall determine whether an executive or law enforcement agency is already conducting an investigation. If a law enforcement agency is conducting an investigation, the elder advocate shall, when appropriate, defer to that agency or may conduct his own investigation. The elder advocate shall coordinate efforts to minimize the impact on the older adult or person with disabilities, family or employees of the agency involved, unless he determines such coordination would impede his investigation. If an executive agency is conducting an investigation, the elder advocate may defer to that investigation or may conduct his own investigation. The elder advocate may coordinate efforts to minimize the impact on the older adult or person with disabilities, family or employees of the agency involved. In every instance, the elder advocate shall notify the head of the relevant agency of his involvement before beginning any investigation.
(c) The elder advocate shall receive complaints relative to the provision of services to older adults or people with disabilities by an executive agency and shall review and monitor the complaints that reasonably cause him to believe that an older adult or person with disabilities may be in need of assistance and to ensure that the complaint is resolved. If the complaint is not resolved by the relevant executive agency within a reasonable period of time in light of the circumstances, if the resolution is determined to be unsatisfactory to the elder advocate, or if the complaint reasonably causes the elder advocate to believe that an older adult or person with disabilities may be in need of immediate assistance, the elder advocate may conduct an investigation and upon completion of the investigation, the elder advocate may provide relevant information in the form of a report to any relevant agencies and request a meeting, if necessary, to review the investigation and accompanying report.
(d) The elder advocate shall receive complaints from adults in the care or with support of the commonwealth and assist such adults in resolving problems and concerns associated with their placement, plans for life-long adult connections and independent living, and decisions regarding custody of persons aged 22 and above, including ensuring that relevant executive agencies have been alerted to the complaint and facilitating intra-agency cooperation, if appropriate. For the purposes of this section, the office shall develop procedures to ensure appropriate responses to the concerns of adults in foster care or guardianship.
(e) The elder advocate shall periodically review, report and make recommendations, as appropriate, with respect to system-wide improvements that may increase the effectiveness of the care and services provided to older adults, people with disabilities, and their families and suggested legislative and regulatory changes including, but not limited to, a review of the programs and procedures established by the department to provide and administer a comprehensive program of services and supports.
(f) The elder advocate shall perform oversight functions to ensure that agencies serving older adults and people with disabilities are fulfilling their obligations in the most effective and efficient manner.
(g) The elder advocate shall undertake activities designed to educate the public regarding the services of the office and of the mission of the executive agencies in providing services to older adults, people with disabilities and their families.
(h) The elder advocate shall be authorized to apply for, and accept on behalf of the commonwealth, federal, local or private grants, bequests, gifts or contributions for the purpose of carrying out the functions of the office.
SECTION 6. Access to Facilities and records, release of information
The elder advocate or his designee shall have access at any and all reasonable times to any facility, residence, program, or portion thereof, that is operated, licensed or funded by an executive agency, and shall have unrestricted access to all electronic information systems records, reports, materials and employees in order to better understand the needs of older adults and people with disabilities in the custody of the commonwealth or who are receiving services from an executive agency. The elder advocate shall have access to relevant records held by the clerk of the trial court and the clerk of the probate and family court, including the right to inspect and copy, without cost. The elder advocate shall be bound by any limitations on the use or release of information imposed by law upon the party furnishing such information, except as provided in subsection (e) of section 12.
SECTION 7. Witnesses, documents, subpoenas
The elder advocate may request the attendance and testimony of witnesses and the production of documents, papers, books, records, reports, reviews, recommendations, correspondence, data and other evidence that the elder advocate reasonably believes is relevant. If a request is denied, the elder advocate shall have the power to issue a subpoena for witnesses and the production of documents and any other data and evidence that the elder advocate reasonably believes is relevant.
If any person to whom a subpoena is issued fails to appear or, having appeared, refuses to give testimony or fails to produce the evidence required, the elder advocate may apply to the Suffolk county superior court to issue an order to compel the testimony and production of documents of any such witnesses. A failure to obey the order may be punished as contempt.
The district attorney may seek injunctive relief in Suffolk county superior court to defer a subpoena issued by the elder advocate.
SECTION 8. Discrimination or retaliation, penalties
No discriminatory or retaliatory action shall be taken against any person who communicates with or provides information to the office. Any person who knowingly or willfully discriminates or retaliates against such a person shall be liable to such person for treble damages, costs and attorney's fees.
SECTION 9. Procedures for performance of duties, rules and regulations
The elder advocate shall develop internal procedures appropriate for the effective performance of his duties.
The elder advocate may, subject to chapter 30A, adopt, amend or repeal such rules and regulations as are deemed necessary to carry out the functions of the office.
SECTION 10. Annual Report
The elder advocate shall report annually to the governor, the president of the senate, the speaker of the house, the senate and the house committees on ways and means, and the chairs of the joint committee on elder affairs, the chairs of the joint committee on children, families and persons with disabilities on the activities of the office, including an analysis of the delivery of service to children, activities undertaken to implement subsection (d) of section 5, recommendations for changes in agency procedures which would enable the commonwealth to better provide services to and for older adults, people with disabilities, and their families and priorities for implementation of those changes to services. The report shall be made public.
SECTION 11. Examination of systemwide responses to elder abuse and neglect
Section 11. The elder advocate, in consultation with the advisory council, may from time to time, examine systemwide responses to elder abuse and neglect, including related mental health, substance use and domestic violence issues, and shall file a report on any such examination with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means, the joint committee on elder affairs, and the joint committee on children, families and persons with disabilities. The elder advocate's examination may include, without limitation, racial disproportionality and disparity, elopements, mandated reporting, screening of elder or handicapped abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of older adults and people with disabilities at risk, criminal offender record information reviews, administrative and cost requirements, federal funding for aging and disability purposes and the effectiveness of elder or disability abuse or bullying laws. The elder advocate may seek advice broadly from individuals with expertise in aging or disability welfare in preparing a report under this section.
Section 12. Information and records; confidentiality; subpoena and discovery; public disclosure; investigation of critical incidents
Section 12. The following provisions apply to information and records obtained, reviewed or maintained by the elder advocate:
(a) Notwithstanding the provisions of any general or special law to the contrary, the disclosure of information to the office of the elder advocate pursuant to this chapter shall not be prohibited. Any information considered to be confidential shall be submitted for the elder advocate's review upon the determination of the elder advocate that the review of said information is necessary. The elder advocate shall ensure that no information submitted for his review is disseminated to parties outside the office, except when disclosure may be necessary to enable the elder advocate to perform the elder advocate's duties. Under no circumstances shall the elder advocate or any employee of the office violate the confidentiality provisions set forth in the aforementioned statutes, except as authorized under subsection (e).
(b) Any and all information and records acquired by the elder advocate in the exercise of the office's purpose and duties under this chapter shall be confidential and exempt from disclosure under chapter 66 and clause Twenty-sixth of section 7 of chapter 4.
(c) Information, documents and records of the elder advocate and his office shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during the elder advocate's investigation or maintained by the office of the elder advocate.
(d) Statistical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public.
(e) The restrictions of this section shall not preclude the elder advocate from sharing with the governor, the attorney general, a district attorney, a secretary, an agency commissioner or other agency personnel, or the chairs of the joint committee on elder affairs or the chairs of the joint committee on children, families and persons with disabilities, the report of, or the results of, a critical incident investigation involving that agency. Any executive or legislative branch employees who receive or read such a document shall be bound by the confidentiality requirements of this section.
Section 13. Personal liability for civil damages
Section 13. No person employed by or contracted by or volunteering for the office shall be subject to suit directly, derivatively or by way of contribution or indemnification for any civil damages under the laws of the commonwealth resulting from any act or omission performed during or in connection with the discharge of his duties within the scope of his employment or appointment, unless such act or failure to act was committed with gross negligence, maliciously, or in bad faith.
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An Act to improve infection control in Massachusetts home care
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S397
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SD877
| 193
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{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-11T16:08:00.16'}
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[{'Id': 'PMP0', 'Name': 'Pavel M. Payano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMP0', 'ResponseDate': '2023-01-11T16:08:00.16'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T12:18:49.2'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T12:18:49.2'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-02T14:54:11'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T15:13:12.1966667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-21T10:26:50.6833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-21T10:26:50.6833333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-09T16:25:09.6233333'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-14T11:39:57.3666667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T14:30:27.4133333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-19T11:30:29'}]
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Bill
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By Mr. Payano, a petition (accompanied by bill, Senate, No. 397) of Pavel M. Payano, Joanne M. Comerford, Jack Patrick Lewis, Michael O. Moore and other members of the General Court for legislation to improve infection control in Massachusetts home care. Elder Affairs.
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SECTION 1. (a) Notwithstanding any general or special law to the contrary, the executive office of health and human services, in consultation with appropriate state agencies and relevant public stakeholders, shall develop and implement a mandatory infection control training program for all new and incumbent personal care attendants, as defined in section 70 of said chapter 118E, and all individual employees of home care agencies who provide home care services to a consumer in the consumer’s residence.
For purposes of this act, a home care agency shall be an entity or organization, however organized and whether conducted for profit or not for profit, that is owned, operated, maintained or advertised for the purpose of providing home care services in residential settings for compensation, provided, however, that home care agency shall not include an entity operated by either the federal government or the commonwealth providing home care services; an entity that limits its business exclusively to the provision of house cleaning services; an aging service access points or ASAP entity as defined in section 4B of chapter 19A; a hospice program licensed under section 57D of chapter 111; or an adult foster care program regulated under 130 CMR 408.
(b) The executive office shall establish contracts with labor-management training funds, community colleges, and other entities capable of conducting the training program and shall ensure the training program is implemented in a manner that is coordinated with the work of other state agencies and public and private entities involved in health care workforce training, recruitment, and retention.
SECTION 2. The executive office of health and human services shall establish the mandatory infection control and public health training program as outlined above no later than 180 days from passage of this Act.
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An Act relative to councils on aging
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S398
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SD1382
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T15:20:19.093'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T15:20:19.0933333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-30T15:52:00.0633333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-01T09:10:59.69'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-01T14:58:02.6333333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-08T15:23:31.5066667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-14T09:51:00.48'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-28T13:29:31.7766667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-29T16:38:22.0333333'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 398) of Rebecca L. Rausch, Michael D. Brady, Susan Williams Gifford, Patrick M. O'Connor and other members of the General Court for legislation relative to councils on aging. Elder Affairs.
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SECTION 1: Section 8B of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, in lines 2 and 3, after the words “carrying out programs” the following words:- and deliver services.
SECTION 2: Said section 8B of chapter 40, as so appearing, is hereby further amended by striking out, in line 3, the words “problems of the aging” and inserting in place thereof the following words:- needs of older adults.
SECTION 3: Said section 8B of chapter 40, as so appearing, is hereby further amended by striking out, in line 9, the words “such clerks” and inserting in place thereof the following word:- staff.
SECTION 4: Said section 8B of chapter 40, as so appearing, is hereby further amended by inserting, in lines 9 and 10, after the words “as it may require” the following words:- ; provided, that if the council is an advisory council, the director may appoint staff and other employees as it may require consistent with municipal needs.
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An Act protecting the rights of older adults and people with disabilities
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S399
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SD2048
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:25:13.04'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:25:13.04'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-29T16:37:57.9033333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-08T17:54:34.33'}]
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 399) of Rebecca L. Rausch for legislation to protect the rights of older adults and people with disabilities. Elder Affairs.
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SECTION 1. Section 70E of chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 210, by inserting the following new paragraphs:-
Every nursing home shall establish a human rights committee which shall have the authority to receive and investigate, or investigate on its own motion, any complaints affecting the rights of residents. The department shall promulgate regulations regarding the composition, terms, and duties of said committee, and shall provide annual training for human rights committee members in its six regions.
The Commissioner shall designate not less than 2 employees per region as human rights officers who shall be trained in enforcement and resolution of violations of the human rights of nursing home residents and staff. The human rights officers shall work with nursing home human rights committees to provide assistance and support in processing resident complaints.
SECTION 2. Said section 70E of chapter 111, as so appearing, is hereby further amended by inserting at the end thereof the following words:- Rights of residents shall include the enumerated rights of nursing home residents, as appearing in the Omnibus Budget Reform Act of 1987, guaranteed to residents receiving Medicare or Medicaid, which shall apply for all residents whether the resident receives Medicare or MassHealth benefits.
SECTION 3. Section 72 of said chapter 111, as so appearing, is hereby further amended by inserting at the end thereof the following:-
Notwithstanding any general or special law to the contrary, the department shall promulgate regulations to promote the dignity of residents, both permanent and temporary, of licensed nursing homes that are equivalent to the protection of rights of residents of facilities licensed by the department of mental health and the department of developmental disabilities. These regulations shall be effective not later than July 1, 2025.
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An Act promoting the growing and use of hemp and hemp products
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S40
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SD598
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-17T11:42:04.41'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-17T11:42:04.41'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-12T18:28:07.6366667'}]
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 40) of Joanne M. Comerford for legislation relative to promote the growing and use of hemp and hemp products. Agriculture.
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SECTION 1. Section 2 of chapter 61A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “tobacco,” in line 4, the following words:- , hemp as defined in section 116 of chapter 128.
SECTION 2. Section 1 of chapter 94G of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following definition:-
“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.
SECTION 3. Said section 1 of said chapter 94G, as so appearing, is hereby further amended striking out the definition of ‘Hemp” in lines 49 to 55, inclusive, and inserting in place thereof the following definition:-
“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration percentage that does not exceed the limit set by federal law for hemp. Hemp shall be considered an agricultural commodity.
SECTION 4. Subsection (a) of section 4 of said chapter 94G, as so appearing, is hereby amended by striking out clauses (xxvii) and (xxviii) and inserting in place thereof the following 5 clauses:-
(xxvii) monitor any federal activity regarding marijuana;
(xxviii) consult with the department of public health and the department of agricultural resources on the implementation of sections 117 to 123, inclusive, of chapter 128;
(xxix) permit the sale of CBD in food products at marijuana establishments and medical marijuana treatment centers as provided in section 122 of chapter 128;
(xxx) collaborate with the department of agricultural resources on the administration of pesticides on marijuana and marijuana products pursuant to section 5B of chapter 132B; and
(xxxi) adopt, amend or repeal regulations for the implementation, administration and enforcement of this chapter.
SECTION 5. Subsection (a 1/2) of said section 4 of said chapter 94G, as so appearing, is hereby amended by striking out clauses (xxxiii) and (xxxiv) and inserting in place thereof the following clauses:-
(xxxiii) requirements that prohibit marijuana product manufacturers from altering or utilizing commercially-manufactured food products when manufacturing marijuana products unless the food product was commercially manufactured specifically for use by the marijuana product manufacturer to infuse with marijuana; provided, however, that a commercially-manufactured food product may be used as an ingredient in a marijuana product if: (i) it is used in a way that renders it unrecognizable as the commercial food product in the marijuana product; and (ii) there is no statement or advertisement indicating that the marijuana product contains the commercially-manufactured food product;
(xxxiv) energy and environmental standards for licensure and licensure renewal of marijuana establishments licensed as a marijuana cultivator or a marijuana product manufacturer;
(xxxv) procedures and policies on the implementation of sections 117 to 123, inclusive, of chapter 128; provided however, that the commission may consult with the department of agricultural resources; and
(xxxvi) operational collaboration with the department of agricultural resources over the administration of pesticide use on marijuana and marijuana products pursuant to section 5B of chapter 132B.
SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after section 243 the following section:-
Section 244. The department shall promulgate regulations to govern the administration and manufacturing of cannabidiol in food products, as provided in sections 116 to 123, inclusive, of chapter 128; provided however, that the department shall consult with the cannabis control commission and the department of agricultural resources on said regulations; provided further, that sales of cannabidiol within marijuana establishments and medical marijuana treatment centers shall fall under the sole regulatory authority of the cannabis control commission pursuant to section 4 of chapter 94G.
SECTION 7. Section 116 of chapter 128 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definitions of “Hemp” and “Industrial hemp” in lines 4 to 12 and inserting in place thereof the following definitions:-
“Cannabidiol” or “CBD”, the compound by the same name derived from the hemp variety of the Cannabis sativa L. plant.
“Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a THC concentration percentage that does not exceed the limit set by federal law for hemp. Hemp shall be considered an agricultural commodity.
“Hemp Products”, all products derived from, or made by, processing hemp plants or plant parts, that are prepared in a form available for commercial sale, including, but not limited to animal and human products intended for topical application such as cosmetics, personal care and grooming products; animal and human products intended for consumption such as dietary supplements, foods and beverages; and products intended for other uses such as cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
“Tetrahydrocannabinol” or “THC”, shall have the definition as found in federal law.
SECTION 8. Chapter 128 of the General Laws is hereby amended by striking out sections 117 to 123, inclusive, and inserting in place thereof the following sections:-
Section 117. (a) Hemp may be planted, grown, harvested, processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting, possessing, processing or research of hemp as an agricultural product shall be subject to the supervision and approval of the department pursuant to sections 116 to 123, inclusive.
(b) A person planting, growing, harvesting, or processing hemp shall be licensed by the department.
(c) No person shall produce or distribute hemp seed without a license issued by the department.
(d) A person utilizing hemp for research shall register with the department.
(e) An application for a license issued pursuant to subsection (b) or (c) shall include, but not be limited to: (i) the name and address of any applicants; (ii) the name and address of the hemp operation of the applicant; (iii) the global positioning system coordinates and legal description of the property used for the hemp operation; (iv) the acreage size of the field where the hemp will be grown, if applicable; (v) a written consent allowing the department to conduct both scheduled and random inspections of and around the premises on which the hemp is being sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount which shall be established by the commissioner; (vii) any other information as may be required pursuant to subsection (d); and (vii) any other information as may be required by the commissioner.
(f) All documents included in an application for licensure submitted under subsection (e) except for the address of a licensee’s cultivation or production facilities and any documents describing, depicting or otherwise outlining a licensee’s security schematics or global positioning system coordinates, which are considered by the department to be confidential in nature due to their public safety implications, shall be considered public records for the purposes of chapter 66.
Section 118. (a) After receipt, review and approval of an application for licensure pursuant to section 117, the commissioner may grant an annual license upon issuance of written findings that the requirements of sections 116 to 123, inclusive, have been satisfied.
(b) The commissioner shall deny an application for a license filed pursuant to section 117 if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections 116 to 123, inclusive; or (ii) for good cause shown.
Section 119. The commissioner shall suspend, revoke or refuse to renew the license of a person who violates sections 116 to 123, inclusive, following appropriate process in accordance with chapter 30A.
Section 120. (a) The department and the commissioner shall promulgate rules and regulations for the implementation, administration and enforcement of sections 116 to 123, inclusive; provided, that the department shall consult with the cannabis control commission when promulgating rules and regulations, under section 5B of chapter 132B, for pesticide use on hemp and marijuana that includes, but is not limited to, the ability for operational collaboration between the agencies for inspections; and provided further, that the department shall consult with the cannabis control commission and the department of public health when promulgating rules and regulations under subsection (c) of section 122.
(b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or repeal any regulation promulgated under this chapter as an emergency regulation if the regulation is necessary to protect the interests of the commonwealth in regulating hemp.
Section 121. The department may inspect and have access to the equipment, supplies, records, real property and other information deemed necessary to carry out the department’s duties under sections 116 to 123, inclusive, from a person participating in the planting, growing, harvesting, possessing, processing, purchasing or researching of hemp. The department may establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.
Section 122. (a) Notwithstanding any other provision of law to the contrary, dietary supplements, food or food products that contain hemp or any part of the hemp plant, including the seeds and all naturally occurring cannabinoids, compounds, concentrates, extracts, isolates, resins, isomers, acids, salts, salts of isomers or cannabidiol derivatives, are not considered to be adulterated or misbranded based solely on the inclusion of hemp or any part of the hemp plant. The marketing, sale or distribution of dietary supplements, food or food products within the commonwealth that contain hemp or any part of the hemp plant may not be restricted or prohibited based solely on the inclusion of hemp or any part of the hemp plant. The label of a hemp product may not make any claims that food or food products that contain hemp can treat, cure or prevent any disease without approval pursuant to federal law.
(b) Hemp and hemp products cultivated and manufactured in other states pursuant to a USDA approved hemp program, or produced lawfully under the laws of another state, tribe, or country, may be sold within the Commonwealth.
(c) Notwithstanding any other law, derivatives of hemp, including hemp-derived cannabidiol, may be added to animal and human products intended for topical application such as cosmetics, personal care and grooming products, and animal and human products intended for consumption such as dietary supplements, foods and beverages, and such an addition is not considered an adulteration of such products.
(d) The THC found in hemp and being within the federally defined THC level for hemp shall not be considered to be THC in qualifying as a controlled substance.
Section 123. The department may establish civil administrative fines for violations of sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section or a licensure action under section 119 may appeal by filing a notice of appeal with the department not later than 21 days after the receipt of the notice of the fine or licensure action. The adjudicatory hearing shall be conducted in accordance with chapter 30A.
SECTION 9. Chapter 132B of the General Laws is hereby amended by inserting after section 5A the following section:-
Section 5B. The department shall authorize the application of pesticides on marijuana and marijuana products that are labeled for hemp by the environmental protection agency; provided, that the label includes use on food and tobacco crops and is exempt from a federal food tolerance limit unless otherwise authorized by federal law. Use of pesticides under this section shall not be considered a manner of use that is inconsistent with the label as required by section 6A.
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An Act establishing a statewide adopt-a-senior program
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S400
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SD536
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:38:12.633'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:38:12.6333333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:19:15.6133333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S400/DocumentHistoryActions
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Bill
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By Mr. Rush, a petition (accompanied by bill, Senate, No. 400) of Michael F. Rush and Paul McMurtry for legislation to establish the adopt a senior program. Elder Affairs.
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SECTION 1. Section 40 of chapter 19A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting the following section:-
Section 41. The secretary shall, subject to appropriation or the receipt of gifts, grants, and awards from any public or private entity pursuant to section 7 of chapter 19A, establish a statewide “Adopt-A-Senior” volunteer program for the purpose of assisting seniors with snow removal, property or home maintenance services. The department shall have the power to adopt rules and regulations to administer this program which shall include, but not be limited to: (1) coordinating among agencies of the commonwealth and other organizations using community service and volunteerism as a strategy to assist with this program; (2) establishing a registry and registration of volunteer personnel who are available to provide services; (3) establishing procedures for matching and placing individuals with seniors; (4) encouraging the corporate community of the commonwealth to become an active partner in the support, advocacy and promotion of community service and volunteerism relative to this program; and (5) establishing a system of volunteer incentives to assist with recruiting and registration of volunteers.
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Resolve relative to a community care retirement communities special commission
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S401
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SD537
| 193
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{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:38:33.89'}
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[{'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-01-12T13:38:33.89'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T15:19:05.66'}]
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Resolve
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By Mr. Rush, a petition (accompanied by resolve, Senate, No. 401) of Michael F. Rush and Paul McMurtry that provisions be made for an investigation and study by a special commission relative to the regulation of continuing care retirement communities. Elder Affairs.
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Resolved, there shall be a special commission to study the regulation of continuing care retirement communities (CCRCs) to protect the consumer and financial rights of residents.
The commission shall consist of: 1 person to be appointed by the president of the senate, who shall serve as co-chair; 1 person to be appointed by the speaker of the house of representatives, who shall serve as co-chair; 1 person to be appointed by the minority leader of the senate; 1 person to be appointed by the minority leader of the house of representatives; the attorney general or a designee; the secretary of elder affairs or a designee; and 10 persons to be appointed by the governor, 1 of whom shall be a certified public accountant or an actuary, 1 of whom shall be nominated by the National Academy of Elder Law Attorneys, Massachusetts Chapter, 1 of whom shall be nominated by Leading Age Massachusetts, 1 of whom shall be nominated by Massachusetts Assisted Living Association, 1 of whom shall be nominated by AARP Massachusetts, 1 of whom shall be nominated by the Alzheimer’s Association, 1 of whom shall be nominated by Massachusetts Advocates for Nursing Home Reform; 1 of whom shall be nominated by the Massachusetts Life Care Residents’ Association, and 2 of whom shall be residents of a CCRC.
The commission shall meet not fewer than 6 times and shall conduct at least 1 public hearing.
The commission shall study: CCRC residence and care contracts and their impact on consumers; financial viability of CCRC’s; the payment and return of CCRC entrance fees; statutory and regulatory oversight of CCRC’s including any activities by state agencies to enforce legal and regulatory requirements; marketing information communicated to potential residents and families about CCRCs; and regulatory procedures for the closure or change of ownership of a CCRC. The goal of the commission is to make recommendations for changes in laws or regulations, or the enforcement thereof, to assist potential residents in evaluating the appropriateness and financial viability of a CCRC, to protect the consumer rights of CCRC residents, and to assure the appropriate care is provided to CCRC residents.
The commission shall submit a report with recommendations, including drafts of legislation or regulations necessary to carry out those recommendations, to the clerks of the house of representatives and the senate, the joint committee on elder affairs and the house and senate committees on ways and means not later than one year following the effective date of this act.
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An Act relative to family visitation with a vulnerable adult
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S402
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SD87
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:38:20.303'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T14:38:20.3033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S402/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 402) of Bruce E. Tarr for legislation relative to family visitation with a vulnerable adult. Elder Affairs.
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SECTION 1. Chapter 215 of the general laws as appearing in the 2020 official edition is hereby amended by inserting after section 6c the following new section:-
"Section 6d.
(a) Definitions. As used in this section shall mean the following:-
"Family caregiver" means an adult family member who is a provider of in-home care to a frail elderly individual.
"Family member" means the spouse, adult child, adult grandchild, or other close relative of the frail elderly individual.
"Frail elderly individual" means an adult over 60 years of age who is determined by a court to be functionally impaired because the person: (i) is unable to perform at least 2 activities of daily living without substantial human assistance, including verbal reminding, physical cueing, or supervision; or (ii) due to a cognitive or other mental impairment, requires substantial supervision because the person behaves in a manner that poses a serious health or safety hazard to the person or to another person.
"Petitioner" means the family member who files a verified petition for visitation under (a) of this section.
(b) Visitation with frail elderly individuals.
(i) If a family caregiver unreasonably prevents a family member from visiting the frail elderly individual, the court, upon a verified petition by the family member, may order the family caregiver to permit such visitation as the court deems reasonable and appropriate under the circumstances.
(ii) At the hearing on the verified petition for visitation, the court shall consider:
(1) the nature and extent of the frail elderly individual's functional impairment;
(2) the frail elderly individual's previously expressed preferences in regard to visitation with the petitioner;
(3) the history of visitation between the frail elderly individual and the petitioner;
(4) the opinions of any family members and the family caregiver with respect to visitation between the petitioner and the frail elderly individual; and
(5) any other area of inquiry deemed appropriate by the court under the circumstances.
(iii) The court shall not allow visitation if the court finds that:
(i) the frail elderly individual has capacity to evaluate and communicate decisions regarding visitation and expresses a desire to not have visitation with the petitioner; or (ii) visitation between the petitioner and the frail elderly individual is not in the best interests of the frail elderly individual.
(iv) Guardian ad litem for frail elderly individual.
(1) The court may appoint a guardian ad litem for the frail elderly individual if it determines such appointment to be in the frail elderly individual's best interests.
(2) The court shall appoint a guardian ad litem for the frail elderly individual if the frail elderly individual does
not appear at the hearing or is unable to appear due to hardship.
(3) The court may award reasonable compensation to a guardian ad litem appointed under this Act. The petitioner shall pay the court-awarded compensation due to the guardian ad litem, except if the court grants the verified petition for visitation and finds that the family caregiver acted maliciously in denying visitation between the petitioner and the frail elderly individual, then the family caregiver shall pay the court-awarded compensation due the guardian ad litem.
(c) Notice of hospitalization, change or residence, or death of frail elderly individual. If the court grants the petition of a family member for visitation in accordance with Section (a) the court may also order the family caregiver to use reasonable efforts to notify the petitioner of the frail elderly individual's hospitalization, admission to a healthcare facility, change in permanent residence, or death.
(d) Commencement of proceeding; notice.
(i) A proceeding under this Act shall be commenced in the court of the county in which the frail elderly individual resides.
(ii) The frail elderly individual and family caregiver shall be personally served with a copy of the verified petition for visitation and a summons not less than 14 days before the hearing. The form of the summons shall be in the manner prescribed by the probate court.
(iii) The petitioner shall provide notice of the time, date, and place of the hearing by mail to any other family members not less than 14 days before the hearing. All other notices during the pendency of the proceeding shall be served in accordance with the rules of the probate court.
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An Act to improve resilience in older adults and people with disabilities during public health, environmental or technological emergencies
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S403
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SD2338
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:04:49.727'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-20T16:04:49.7266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T11:06:02.6633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S403/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 403) of Bruce E. Tarr and James B. Eldridge for legislation to improve resilience in older adults and people with disabilities during public health, environmental or technological emergencies. Elder Affairs.
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SECTION 1. Notwithstanding any other general or special law to the contrary, whenever a state of emergency is declared pursuant to section 5, of chapter 630 of the acts of 1950, and in preparation for such declaration, the secretary of health and human services and the secretary of elder affairs shall direct that health, public safety, and emergency management professionals shall provide for the care of older adults and people with disabilities based on resilience factors including, but not limited to (1) demographic, (2) physical, (3) psychological, (4) spiritual, and (5) socio-cultural factors.
SECTION 2. A council on aging, established pursuant to section 8B of chapter 40 of the general laws, as appearing in the 2020 edition, which receives an annual grant, and a local housing authority established pursuant to section 3 of chapter 121B of the general laws as appearing in said 2020 edition shall develop an inventory of the service and support needs of older adults and people with disabilities who may require essential services in the event of emergencies or disasters that occur within their jurisdiction.
For the purposes of this chapter, the term “essential services” is defined as follows:
“Essential services” means social, medical, psychiatric, or legal services necessary to safeguard the disabled adult’s or elder person’s rights and resources and to maintain the physical and mental well-being of such person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, and protection from health and safety hazards but shall not include the taking into physical custody of a disabled adult or elder person without that person’s consent.
Said inventory of needs, which shall be shared with state health, public safety and emergency management professionals, in compliance with any relevant privacy laws and shall not be public record, shall Include:
a)Name and contact information of any adult over age 60 or any person with a disability regardless of age,
b)Identification of the specific needs of each person such as cane, walker, wheelchair, medications, oxygen or other medical equipment of supplies. Said needs assessment shall identify, needs for electrical power, communications system, protection from flooding, a designated shelter location and alternative location capable of serving older adults, people with disabilities, and their pets.
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An Act relative to food stamp enrollment for seniors
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S404
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SD2020
| 193
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{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T11:58:24.91'}
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[{'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-01-20T11:58:24.91'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-08-25T15:55:21.0766667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-08-25T15:55:21.0766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S404/DocumentHistoryActions
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Bill
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By Mr. Timilty, a petition (accompanied by bill, Senate, No. 404) of Walter F. Timilty for legislation relative to food stamp enrollment for seniors. Elder Affairs.
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Subsection (b) of section 2A of chapter 18 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
The department shall, in conjunction with the department of elder affairs and councils on aging, provide educational programs at senior centers and outreach to elderly persons, to assist with enrollment of eligible food stamp participants over the age of 60.
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An Act mandating the posting of identification requirements at polling places
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S405
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SD1378
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:14:20.263'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:14:20.2633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S405/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 405) of Michael J. Barrett for legislation to mandate the posting of identification requirements at polling places. Election Laws.
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Chapter 54 of the General Laws is hereby amended by inserting after section 48A the following section:-
Section 48B. (a) The state secretary shall provide, in a form suitable for posting in every polling place for every election, a summary of (1) the reasons a voter may be asked to show identification when checking-in at their polling place and (2) the acceptable forms of identification, pursuant to section 76B of chapter 54, 950 CMR 52, and 950 CMR 54, as they may be amended from time to time. The state secretary shall also include said summary on the electronic website of the state secretary.
(b) Said summary shall be posted conspicuously and no smaller than 8.5 × 11 inches at every polling place during every election.
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An Act clarifying the role of governor’s councillor on the ballot
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S406
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SD2268
| 193
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T14:41:55.493'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-20T14:41:55.4933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-27T15:50:01.6266667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-01T10:21:14.9766667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-03T09:15:00.5166667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-03T09:15:00.5166667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-03T16:32:18.34'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-16T14:51:53.5733333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-16T14:51:53.5733333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T14:47:42.09'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T10:49:08.81'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-09T09:56:25.0433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-29T09:32:30.5166667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-06-09T13:54:05.7266667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-09T13:54:05.7266667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-12T09:04:58.7'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S406/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 406) of Michael J. Barrett, James B. Eldridge, Anne M. Gobi, John J. Cronin and other members of the General Court for legislation to clarify the role of governor’s councillor on the ballot. Election Laws.
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SECTION 1. Section 43A of chapter 54 of the general laws is hereby amended by inserting after the word “congressman” the following word:- governor’s.
SECTION 2. Section 150 of said chapter 54 is hereby amended by inserting after the word “each,” in line 4, the following word:- governor’s.
SECTION 3. Said section 150 of said chapter 54 is hereby further amended by inserting after the word “one,” in line 5, the word:- governor’s.
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An Act relative to election day registration
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S407
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SD819
| 193
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{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T12:36:26.113'}
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[{'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-18T12:36:26.1133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T16:25:53.53'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S407/DocumentHistoryActions
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Bill
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By Mr. Brady, a petition (accompanied by bill, Senate, No. 407) of Michael D. Brady for legislation relative to election day registration. Election Laws.
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SECTION 1. Section 1 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- A person otherwise qualified to vote for national or state officers, but who has not registered in accordance with the provisions of section 26 of this chapter shall be eligible to register under section 34A.
SECTION 2. Section 1F of chapter 51 of the General Laws is hereby repealed.
SECTION 3. Said chapter 51, as so appearing, is hereby amended, by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. For all elections and primaries, a person shall be registered and may vote in the voting precinct where he resides; provided, however, that any registered voter of a city or town who moves to any other precinct in said city or town or to another city or town may register to vote at his new address by making written application to the city or town clerk no later than the close of registration or in accordance with the provisions of section 34A of this chapter. A new resident of the city or town may also, upon like application, be registered at the new address by making written application to the city or town clerk no later than the close of registration or in accordance with the provisions of section 34A. The city or town clerk shall forthwith notify each voter making any such written application that the same has been received and that he may vote, subject to the provision of this section regarding the close of registration, in the precinct into which he has moved or in accordance with provisions of section 34A.
SECTION 4. Section 26 of said chapter 51, as so appearing, is hereby amended by striking the last sentence.
SECTION 5. Said chapter 51 is hereby further amended by striking out section 34, as appearing in the 2018 Official Edition, and inserting in place thereof the following section:-
Section 34. Except as otherwise provided in section 34A, after 5:00 p.m. of a day on which registration is to cease, the registrars shall not register any person to vote in the next election, except that they shall furnish, or cause to be furnished, to each person waiting in line at the hour of 5:00 pm for the purpose of being registered, a card or slip of identification bearing such person’s name and shall, before registration ceases, permit such person to register.
SECTION 6. Said chapter 51 is hereby further amended by inserting after section 34 the following section:-
Section 34A. (a) An individual who is eligible to vote may register on the day of an election by appearing in person at the appropriate polling place for the precinct in which they reside, during the hours in which polls are open for voting, by completing a registration application in a form prescribed by the state secretary which complies with identity requirements of 52 U.S.C. section 21083, by presenting to the appropriate election official proof of residency and by making a written oath which shall be as follows: I certify that I: am a citizen of the United States; am at least 18 years old; am not under guardianship that prohibits me from registering and/or voting or otherwise prohibited from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have not and will not vote in any other location within the Commonwealth or elsewhere; have read and understand this statement: I further understand that giving false information is a felony punishable by not more than 5 years imprisonment or a fine of not more than $10,000, or both.
(b) For purposes of this section, the term “proof of residence” shall mean 1 of the following, so long as it includes the name of the applicant and the address from which he or she is registering:
(i) a valid photo identification including, but not limited to, a Massachusetts driver’s license or other state-issued identification card; or
(ii) other documentation demonstrating the name and address where the applicant maintains residence and seeks to register including, but not limited to, a copy of a current utility bill, bank statement, government check, residential lease agreement, wireless telephone statement, paycheck, other government document or correspondence, a current student fee statement or other document from a post-secondary educational institution that verifies the student’s current address.
(c) Upon meeting the identity requirements of subsection (a), production of proof of residence, and the making of an oath sufficient to support registration, the ballot clerk or his designee shall permit the applicant to vote in that election. Any person who registers to vote on the day of an election in accordance with this section shall, absent disqualification, be registered to vote at all subsequent primaries and elections.
(d) A registrant who fails to present suitable identification shall be permitted to cast a provisional ballot pursuant to the provisions of section 76C of chapter 54, but shall be required to return within two business days after a state primary or municipal election or within six days following a state election to present sufficient identification to the local election officials in order for the local election officials to determine that the registrant is qualified to vote in such election and whether to count the provisional ballot.
(e) Not less than seven days prior to any election, the registrars for each city or town shall publish all polling locations and the applicable dates and hours. Notice shall be conspicuously posted in the office of the local election officials or on the principal official bulletin board of each city or town, on any other public building considered necessary, on the city or town's website, if any, and on the website of the state secretary.
(f) The state secretary shall make available to the election officers at each polling location, to the extent possible, access to the statewide list of registered voters as contained in the central registry of voters set forth in section 47C.
(g) The local election officials may correct information supplied by the registrant to the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears from the facts set forth in the affidavit that the registrant is not qualified to register as a voter, the local election officials shall proceed in accordance with the provisions of section forty-seven.
(h) As soon as practicable after the election, but not more than thirty days after the election, the registrars shall add the registrant’s name, address and effective date of registration to the annual register of voters.
(i) This section shall not apply to an individual seeking to register to vote in any town for the purposes of voting at annual town meeting or special town meeting.
(j) A registered voter shall not re-register on the day of a primary or election for the exclusive purpose of altering his party affiliation.
(k) The state secretary shall adopt regulations to implement the relevant provisions of this chapter.
(l) Upon credible information or allegation of illegal voter registration, or credible information or allegation of illegal multiple voting, there shall be an investigation upon the merits of said information or allegation by the attorney general, or by the district attorney having jurisdiction over the municipality in which the alleged illegal registration or illegal multiple voting occurred. Nothing in this subsection shall be construed as excluding enforcement of this section by any means otherwise provided by law.
(m) Violations of this section shall be punishable under sections 8, 26 and 27, of chapter 56.
SECTION 7. There shall be an advisory committee on the implementation of Election Day registration. Among other issues it may consider, the advisory committee shall study the resources necessary for, costs associated with, and feasibility of providing every polling location with real-time electronic access to the statewide database of registered voters. The advisory committee shall be comprised of the secretary of state, or a designee, who shall chair the advisory committee, the attorney general, or a designee, the house and senate chairs of the joint committee on election laws, or their designees, 2 representatives of the Massachusetts Town Clerks Association, at least 1 of whom shall be a town clerk from a town of under 5,000 residents, 2 representatives of the Massachusetts City Clerks Association, and at least 2 representatives from the election laws advocacy community or from a non-partisan voter education group or network who shall be appointed by the secretary. The advisory committee shall complete its study on the implementation of election day registration and submit an interim report and recommendations for improving administration of election day registration, in writing, to the joint committee on election laws and the senate and house committees on ways and means on or before December 1, 2023, and the advisory committee shall submit its final report in writing to the joint committee on election laws and the senate and house committees on ways and means on or before December 1, 2024.
SECTION 8. Sections 3 and 6 of this act shall take effect on August 1, 2023.
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An Act relative to the annual street listing
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S408
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SD1358
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:20:08.947'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:20:08.9466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S408/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 408) of Nick Collins for legislation relative to the annual street listing. Election Laws.
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SECTION 1. Sections 1 and 4 of chapter 111 of the Acts of 2014 are hereby repealed.
SECTION 2. This act shall take effect upon its passage.
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An Act relative to specially qualified voters
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S409
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SD1359
| 193
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{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:19:33.287'}
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[{'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-17T10:19:33.2866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S409/DocumentHistoryActions
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Bill
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By Mr. Collins, a petition (accompanied by bill, Senate, No. 409) of Nick Collins for legislation relative to specially qualified voters. Election Laws.
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SECTION 1. Section 1 of Chapter 50 of the General Laws, as appearing in the 2018 official edition, is amended by striking in the definition of “specially qualified voter.” All of subsection (ii) and changing subsection (iii) to subsection (ii).
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Resolve promoting equity in agriculture
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S41
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SD611
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T17:40:20.993'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-13T17:40:20.9933333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T12:19:55.72'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:39:55.54'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T12:48:38.7733333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-09T17:31:58.43'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T11:46:14.6166667'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:30:48.43'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T09:02:53.4333333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T09:53:23.4166667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T22:37:01.4733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:36:43.6066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S41/DocumentHistoryActions
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Resolve
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By Ms. Comerford, a petition (accompanied by resolve, Senate, No. 41) of Joanne M. Comerford, Susannah M. Whipps, Hannah Kane, Sal N. DiDomenico and other members of the General Court that provisions be made for an investigation and study by a special commission (including members of the General Court) to promote equity in agriculture. Agriculture.
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Resolved, (a) There shall be a special legislative commission on agricultural equity to develop recommendations for supporting investments, policies and practices designed to promote equity in agriculture for socially disadvantaged groups in the commonwealth. For the purposes of this section, “socially disadvantaged groups” shall include people who have, or whose lineage has, been historically or systematically excluded from, or have had less access to resources and opportunities based on cultural, racial, or ethnic prejudice based on their identity as a member of a group rather than for their individual qualities. These groups include, but are not limited to, African Americans, Cape Verdeans, Hispanics, Asian Americans, Pacific Islanders, Caribbean Islanders, Native Americans and Alaskan Natives.
(b) The commission shall consist of: the commissioner of agricultural resources or a designee; the chairs of the committee on environment, natural resources and agriculture or their designees; 1 member appointed by the Massachusetts Black and Latino legislative caucus; 1 member appointed by the Massachusetts Asian legislative caucus; 2 members appointed by the Massachusetts food system legislative caucus, to be selected through an open nomination process under criteria developed by the caucus; 2 members appointed by the commissioner of agricultural resources who shall represent Buy Local organizations funded by the department; 2 members appointed by the Massachusetts Food System Collaborative; 1 member appointed by the commission on the status of African Americans; 2 members appointed by a Massachusetts-based farming association; 2 members appointed by non-profit organizations whose primary purpose is working with farmers from socially disadvantaged groups; 1 member appointed by the commission on the status of Latinos and Latinas; 1 member appointed by the commission on the status of Asian Americans and Pacific Islanders; 1 member appointed by the commission on Indian affairs; 1 member appointed by Massachusetts Farm Bureau Federation; 1 member appointed by the Massachusetts Federation of Farmers Markets; and 1 member appointed by the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst. The appointing authorities shall appoint members knowledgeable in agriculture and who represent a diversity of knowledge of urban and rural agricultural practices and experiences. The commission shall be co-chaired by the commissioner of agricultural resources and a member of the commission chosen by the members.
(c) The commission shall investigate and study ways to increase equity in agriculture in the commonwealth, and shall prepare a report that shall include, but not be limited to, recommendations for: (i) data collection and dissemination; (ii) benchmark development and targeting areas of need; (iii) transparency for grantmaking to promote equitable access to grant programs and equitable distribution of funds; (iv) generating greater equity in the laws, regulations and other policies that regulate and support agriculture in the commonwealth, including, but not limited to, legislative, regulatory and sub-regulatory processes; (v) improving equity in the programs and services offered by the department of agricultural resources including, but not limited to, those programs regarding land access and protection, farmer technical assistance and education, marketing and others; (vi) the ongoing role of the commission or another representative body in supporting the implementation and monitoring of these equity goals; and (vii) a plan for implementation, including a timeline.
(d) The department of agricultural resources shall furnish reasonable staff and other support for the work of the commission. Members of the commission may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission under procedures established by the department.
(e) The commission shall hold 3 or more public hearings in various regions of the commonwealth, including 1 in a rural area and 1 in an urban area with potential for increased urban agriculture. Not more than 18 months after the effective date of this act, the commission shall file a report on the results of its investigation and study together with its findings and recommendations, including any drafts of legislation necessary to carry out those recommendations, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on environment, natural resources and agriculture. The report shall be posted on the website of the department of agricultural resources.
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[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J38', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J38'}, 'Votes': []}]
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An Act making voting administrative changes to create equitable systemic solutions
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S410
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SD1458
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T15:42:42.45'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T15:42:42.45'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-08T10:51:35.55'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-09T11:59:04.0033333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-09T11:59:04.0033333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-02-10T10:08:25.9666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T10:08:25.9666667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-14T14:20:35.4133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-27T10:49:21.1166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-27T10:49:21.1166667'}, {'Id': 'RKK0', 'Name': 'Robyn K. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RKK0', 'ResponseDate': '2023-02-27T10:49:21.1166667'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-27T10:49:21.1166667'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T11:22:04.3366667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T12:14:49.2866667'}, {'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-03-06T12:14:49.2866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-07T11:04:52.35'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-04-06T09:53:26.66'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T10:15:11.4066667'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-09-12T12:57:09.8166667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-10-10T09:46:59.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S410/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 410) of Cynthia Stone Creem, Sal N. DiDomenico, Jason M. Lewis, John F. Keenan and other members of the Senate for legislation to make voting administrative changes to create equitable systemic solutions. Election Laws.
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SECTION 1. Chapter 51 of the General Laws is hereby amended by inserting after section 34 the following section:-
Section 34A. (a) An individual who is eligible to vote may register as a voter by appearing in person at the polling place for the precinct in which the individual resides, or by appearing in person at an early voting site for the city or town in which the individual resides, during the hours it is open for voting, by presenting proof of residence and by completing and signing an affidavit of registration in the form prescribed by the state secretary, which shall include substantially this oath: I certify that I am a citizen of the United States; am at least 18 years old; am not under guardianship that prohibits me from voting; am not temporarily or permanently disqualified by law because of corrupt practices in respect to elections; have not and will not vote in any other location within the commonwealth or elsewhere; and understand that giving false information is punishable by not more than 5 years imprisonment or a fine of not more than $5,000, or both. The right to assistance in voting under section 79 of chapter 54 shall apply to individuals registering as voters under this section.
(b) As used in this section, the term “proof of residence” means one of the following, so long as it includes the name of the registrant and the address from which the registrant is registering:
(i) a valid photo identification including, but not limited to, a Massachusetts driver’s license or other state-issued identification card; or
(ii) other documentation demonstrating the name and address where the registrant resides and seeks to register including, but not limited to, a copy of a current utility bill, bank statement, government check, residential lease agreement, wireless telephone statement, paycheck, other government document or correspondence, a current student fee statement or other document from a post-secondary educational institution that verifies the student’s current address.
(c) Upon compliance with subsection (a), an election officer shall permit the registrant to vote at that primary or election. Any person who registers to vote under this section shall be registered as a voter at all later primaries and elections, subject to this chapter.
(d) A registrant who fails to present proof of residence shall be permitted to deposit a provisional ballot under section 76C of chapter 54, but shall within 2 business days after the primary or within 6 days after the election present proof of residence to the city or town clerk.
(e) The registrars may correct information supplied by the registrant to the extent necessary to maintain the integrity of their records. If an affidavit is incomplete or if it appears from the facts set forth in the affidavit that the registrant is not qualified to register as a voter, the registrars shall proceed in accordance with section 47.
(f) As soon as practicable after the primary or election, the registrars shall add the registrant’s name, address and effective date of registration to the register of voters.
(g) A voter shall not change party enrollment at a primary under this section.
(h) Upon credible information or allegation of illegal voter registration, or credible information or allegation of illegal multiple voting, the registrars shall proceed under section 48, and the attorney general or the appropriate district attorney shall investigate the information or allegation. Nothing in this subsection shall exclude enforcement by any means otherwise provided by law.
(i) Violations of this section shall be punished under sections 8, 26 and 27 of chapter 56.
SECTION 2. Said chapter 51 is hereby further amended by striking out sections 37, 37A, and 38 and inserting in place thereof the following 2 sections:-
Section 37. (a) The registrars shall maintain a register of voters, in this chapter sometimes called the register or the annual register, which shall contain the names and addresses of all registered voters in their city or town, and which the state secretary shall reflect in the central registry of voters under section 47C. The registrars shall add to the register the name and address of every person registering to vote under section 33A or 42 or automatically registered under sections 42G½ and 65. They shall correct any error in the register after due investigation, but they shall not remove any name from the register except as subsection (c) provides.
(b) The register shall not include the name of a voter who provides the registrars with a copy of a court order granting protection, or evidence of residence in a protective shelter, or an affidavit signed by a chief of police or designee that the voter is entitled to have certain information withheld from the public under section 24C of chapter 265.
(c) The registrars shall remove a voter’s name and address from the register if and only if:
(1) the voter so requests in writing;
(2) they receive notice from the city or town clerk under section 14 that the voter has died;
(3) they receive official written notice that the voter is incarcerated after conviction of a felony, is disqualified by law because of corrupt practices in respect to elections, or is under guardianship that prohibits voting;
(4) they find that the voter is illegally or incorrectly registered after complaint, notice, and hearing under sections 48 and 49; or
(5) the voter no longer resides in their city or town, as determined under section 38.
(d) The state secretary may adopt regulations to carry out this section and section 38. This section and section 38 apply to every city and town, notwithstanding any general or special law to the contrary.
Section 38. (a) The registrars shall maintain an inactive voters list under this section. Except during the 90 days immediately before a presidential or regular state primary or biennial state election, the registrars shall remove a voter’s name and address from the register of voters and add it to the inactive voters list, if and only if they receive information that the voter no longer resides in their city or town from:
(1) change-of-address information supplied by the United States Postal Service or its licensee;
(2) the Electronic Registration Information Center, Inc. under section 47C; or
(3) official notice that the voter has registered to vote in another jurisdiction.
(b) If the registrars receive information under subsection (a) showing that the voter has changed residence within their city or town, they shall update the voter’s address in the register accordingly, and shall notify the voter in writing.
(c) Whenever the registrars remove a voter’s name and address from the register of voters and add it to the inactive voters list under subsection (a), they shall mail to the voter at the address in the register notice that the name of the voter may be removed from the voting list if the voter fails to respond to the notice and does not vote during the period ending with the second biennial state election following the mailing of the notice. The notice shall (1) be postage prepaid; (2) contain a preaddressed and postage prepaid return card; (3) be sent by forwardable mail; (4) instruct the voter to return the card before the last day to register if the voter did not change residence from the city or town; and (5) contain additional information about remaining eligible to vote, as prescribed by the state secretary.
(d) A voter whose name is on the inactive voters list may vote on a regular ballot upon the voter’s written affirmation of continued residence in the city or town.
(e) The registrars shall restore to the register of voters the name and address of a voter on the inactive voters list who notifies them in writing of continued residence in the city or town or who votes in any primary or election, applies for a mail ballot, signs a nomination paper or petition for a ballot question, or performs any other official election-related act, using an address in their city or town
(f) After 2 biennial state elections following the mailing of the notice under subsection (c), the registrars shall remove from the inactive voters list the name of a voter that has not been restored to the register under subsection (e). The registrars shall mail forwardable notice to the voter that they have done so, including information about remaining eligible to vote, as prescribed by the state secretary.
SECTION 3. Subsection (c) of section 4 of said chapter 51, as appearing in the 2020 Official Edition, is hereby amended by striking out the words “for 2 consecutive years shall result in removal from the active voting list and may result in removal from the voter registration rolls” and inserting in place thereof the following words:- may result in a fine.
SECTION 4. Section 42 of said chapter 51, as so appearing, is hereby amended by striking out the second sentence.
SECTION 5. Whenever the term “annual register of voters” or “annual register,” meaning the annual register of voters, appears in any statute, charter, regulation, contract, or other document, that term means the register of voters established in section 37 of chapter 51 of the General Laws.
SECTION 6. Chapter 54 of the General Laws is hereby amended by inserting after section 24 the following section:-
Section 24A. To ensure compliance with federal and state laws concerning accessibility for voters with disabilities including the state secretary’s polling place accessibility regulations, an agent of the state secretary shall inspect, at least once every four years, each polling place most recently designated under section 24 and each early voting site most recently designated under subsection (b) of section 25B. The inspecting agent shall promptly and specifically report in writing to the state secretary and the city or town clerk every failure to comply with state and federal accessibility laws, and the responsible officials of the city or town shall take immediate action to ensure access for voters with disabilities and within 5 days submit to the state secretary a written plan to comply. If the city or town fails to take such immediate action or to submit a written plan to provide access to voters with disabilities, the state secretary may order the city or town to comply with the law. Not later than December 31 each year, the state secretary shall report in writing to the clerks of the senate and house of representatives on all activities under this section. The attorney general may bring a civil action in the superior court to enforce compliance with those accessibility laws, with a written plan, or with the state secretary’s order. The actions provided in this section shall not limit the availability of judicial remedies to any person, official, commission or board.
SECTION 7. Section 25B of said chapter 54, as appearing in section 10 of chapter 92 of the acts of 2022, is hereby amended by adding the following paragraph:-
(l) The state secretary shall prepare uniform applications, instructions, ballot styles, envelopes, and other papers and electronic documents without distinguishing early voting by mail from absent voting under this chapter.
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An Act relative to the order of candidates' names on the town of Marblehead town election ballots
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S411
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SD522
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T10:43:21.313'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-17T10:43:21.3133333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-01-17T11:12:21.54'}]
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 411) of Brendan P. Crighton and Jennifer Balinsky Armini (by vote of the town) for legislation relative to the order of candidates' names on the town of Marblehead town election ballots. Election Laws. [Local Approval Received.]
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J15', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J15'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act enabling children’s right to vote
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S412
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SD2059
| 193
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{'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-20T12:37:10.987'}
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[{'Id': None, 'Name': 'Robin Chen', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T12:37:10.9866667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S412/DocumentHistoryActions
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Bill
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By Mr. DiDomenico (by request), a petition (accompanied by bill, Senate, No. 412) of Robin Chen for legislation to enable children’s right to vote. Election Laws.
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SECTION 1. Section 1 of Chapter 50 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in alphabetical position:-
“Capacity to make voting decisions independently” shall mean having the ability to understand and appreciate the nature and consequences of voting decisions, including the benefits and risks of and alternatives to any candidate for office, referendum question, or matter of public affairs, and to reach an informed decision, without significant input from a caregiver
SECTION 2. The first sentence of Section 1 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing “years” with “days” and by removing “a person under guardianship or”
SECTION 3. Section 1 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following:-
Section 2. A voter who lacks capacity to make voting decisions independently who arrives willingly at a polling site with a family member may receive from this family member any guidance, support, or executive assistance necessary to cast their ballot, except that no such ballot may be counted if the voter informs the presiding officer that the ballot should not count.
SECTION 4. Subsection (a) of Section 4 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended in the first sentence, by replacing “three years” with “one day.”
SECTION 5. Section 4 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section (e) the following subsection:-
(f) The name and address of any person under the age of 17 who so requests shall appear on the street list.
SECTION 6. Section 4A of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing the first sentence with the following:-
During the course of the annual listing of residents, the registrars shall notify residents of the opportunity to register themselves or their dependent family members as voters and shall provide residents with assistance in registering themselves or their dependent family members to vote.
SECTION 7. Section 14 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing “years” with “days”
SECTION 8. Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, after Section 26A, the following sections:-
Section 26B. (a) The state secretary, in consultation with the commissioner of the department of public health, the registrar of the registry of vital records and statistics, the commissioner of early education and care, and the president of the most populous member organization whose mission is to advance pediatric medical care, shall establish a non-partisan baby and caregiver voter challenge program and shall promulgate regulations to implement the program in participating birth centers, childcare centers, and pediatric medical practices in the commonwealth; provided, however, that the regulations shall identify registration time periods that allow eligible persons to participate in all municipal and state elections, including primary elections.
(b) Directors of programs shall ensure that each voter challenge program implemented in their organization provides opportunities for outreach and for all eligible voters to register to vote, regardless of whether or not the eligible voter has a formal relationship with their organization.
Section 26C. (a) The state secretary, in consultation with the commissioner of elementary and secondary education, the board of elementary and secondary education, and the executive director of the most populous member organization whose mission is to advance afterschool programming shall establish a non-partisan voter challenge program and shall promulgate regulations to implement the program in participating schools and afterschool or community centers in the commonwealth; provided, however, that the regulations shall identify registration time periods that allow eligible voters to participate in all municipal and state elections, including primary elections.
(b) Superintendents of schools shall ensure that each voter challenge program implemented in their districts provides opportunities for outreach and for all eligible voters to register or pre-register to vote on any participating school or afterschool campus. An enrolled student may apply to serve as a voter outreach coordinator or be selected to serve as a voter outreach coordinator by a peer nomination process.
SECTION 9. Section 42 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by replacing “16 years” with “18 days”
SECTION 10. Section 47A of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby repealed.
SECTION 11. Section 50 of Chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after “commonwealth”:-
who becomes eighteen days of age after the final time for registration under said section twenty-six, or.
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An Act requiring rank choice voting for Senate special elections
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S413
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SD1566
| 193
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{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T17:06:50.247'}
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[{'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-18T17:06:50.2466667'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-04-10T13:02:22.5366667'}]
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Bill
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By Ms. Edwards, a petition (accompanied by bill, Senate, No. 413) of Lydia Edwards for legislation to require rank choice voting for Senate special elections. Election Laws.
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SECTION 1. Chapter 54 of the General Laws is hereby amended by inserting after section 141 the following section:-
Section 141A. (a) Upon a vacancy, by unforeseen reasons, in the office of senator in the general court, resulting from a senator’s resignation, removal, appointment to a federal or state office, death or permanent incapacitation, the senate president shall issue precepts to the legislative bodies for the municipalities comprising the senator’s district, appointing such time as the senate may order for a special election to fill the vacancy; provided, that the senate president shall issue notice of the date of the special election within 5 days after the vacancy occurs; and provided further, that for purposes of this section, the term “special election” shall mean an election scheduled outside of the usual election cycle to fill a senate office that has become vacant before the incumbent has finished the term. This excludes vacancies that occur in accordance with Senate Rule 5C. A senator elected to fill a vacancy under this section shall hold the office for the remainder of the unexpired term.
(b) All special elections under this section in which there are not less than 2 persons seeking to fill a vacancy shall use ranked choice voting for determining the person receiving the highest number of votes; provided, that for purposes of this section, the term “ranked choice voting” shall mean the method of voting providing voters the ability to rank candidates in order of preference by indicating a first, second and later choice.
(c) Pursuant to ranked choice voting under this section, tabulation of votes must proceed in rounds. In each round, the number of active preferences for each candidate that has not been defeated must be counted. Each ballot, which ranks a candidate that has not been defeated, does not contain votes ranking more than 1 candidate at the highest ranking and does not contain not less than 2 sequential blank rankings before the highest ranking, counts as 1 active preference for its highest-ranked candidate for that round; provided, however, that ballots that do not rank any candidate that has not been defeated, rank more than 1 candidate at the highest ranking or contain not less than 2 sequential blank rankings before the highest ranking will not be counted.
The candidate that receives a majority of the votes shall be declared elected; provided, however, that if no candidate receives a majority of the votes, and there are more than 2 candidates that have not been defeated, the last-place candidate, or candidates, is defeated and a new round begins, reallocating all original votes for the eliminated candidate, or candidates, in the prior round to the candidate that was identified as the highest-ranked preference of the candidates remaining; provided further, that this process will continue until 1 candidate receives a majority of votes and is declared elected.
(d) If not less than 2 candidates are tied for last place, the last-place candidate who was credited with the fewest active preferences in the prior round shall be declared defeated. If not less than 2 candidates that are tied for last place were also tied in the prior round, the last-place candidate who was credited with the fewest active preferences in the second-prior round. This principle shall be applied successively as many times as may be necessary, a tie shown in any prior round being decided by referring to the standing of the tied candidates in the round immediately preceding the round in which the tie exists. Any tie not otherwise provided for shall be decided by lot.
(e) Where a vacancy in the office of senator in the general court under this section results without valid justification as determined by the Senate President and could have been avoided until the end of their term, the person vacating said office shall contribute to the funding of the special election to fill said vacancy; provided, however, that a person will not be obligated to contribute to the funding of a special election under this subsection based on extenuating circumstances, such as declining health or family obligations, as determined on a case-by-case basis.
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An Act relative to fair elections
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S414
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SD134
| 193
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:29:49.75'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:29:49.75'}]
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 414) of James B. Eldridge for legislation relative to fair elections. Election Laws.
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The General Laws are hereby amended by inserting after chapter 55C the following chapter:-
CHAPTER 55D.
VOLUNTARY PUBLIC MATCHING FUNDS FOR QUALIFIED LEGISLATIVE CANDIDATES.
Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:
"Allowable contribution", a monetary contribution made to a participant by an individual or political committee pursuant to section 11 during an election cycle. Total allowable contributions from any individual or political committee to a participant shall not exceed $100 in the aggregate per election cycle.
"Certified candidate", a participant who is certified by the director under section 6. Unless a contrary intention clearly appears, certified candidate shall refer to this candidate and this candidate's committee, as defined in section 1 of chapter 55.
"Fair election funds", the funds distributed from the Massachusetts Fair Elections Fund by the director to certified candidates pursuant to sections 9 and 10.
"Contribution", contribution as defined in section 1 of chapter 55, except that the use by a participant of the participant's home, car, computer, facsimile machine, telephone or similar such equipment shall not be considered a contribution.
"Declaration of intent", a form prescribed by the director and signed by a candidate and the candidate's campaign treasurer under the pains and penalties of perjury that states that the candidate has complied with and agrees to continue to comply with allowable and in-kind contribution and expenditure limits set forth in this chapter for participants, and will comply with all other requirements set forth in this chapter and in regulations promulgated by the director pursuant to this chapter.
"Director", the director of campaign and political finance as described in section 3 of chapter 55.
"Election cycle", as applied to a candidate for a particular state office shall be the period beginning 31 days after a regular state election for that office and ending 30 days after the next state election for that office, inclusive.
"Election year", as applied to a candidate for a particular state office shall be the calendar year during which a regular state election for that office is held.
"Expenditure", an expenditure as defined in section 1 of chapter 55, except that expenditures shall not include in-kind contributions.
"General election campaign period", the period beginning the day following the primary election and ending on the day of the general election, inclusive.
"In-kind contribution", any contribution other than a monetary contribution.
"Legislative office", the offices of state senator and state representative.
"Massachusetts Fair Elections Fund", the fund established under section 2.
"Massachusetts Fair Elections", the optional system of contribution and expenditure limits and public campaign financing established under this chapter.
"Monetary contribution", any contribution which is monetary in nature, including without limitation, cash, checks, loans, advances, money orders, or postage.
"Non-participating candidate", a candidate who has not been certified pursuant to section 6, or who has been decertified pursuant to section 17. Unless a contrary intention clearly appears, non-participating candidate shall refer to this candidate and this candidate's committee, as defined in section 1 of chapter 55.
"Obligated expenditure", an expenditure that a candidate has legally obligated to make or otherwise agreed to make, but has not yet made.
"Participant", a candidate who has voluntarily agreed to participate in Massachusetts Fair Elections and who has submitted and not withdrawn a declaration of intent and who has been neither denied certification nor decertified by the director. Unless a contrary intention clearly appears, participant shall refer to the candidate and the candidate's committee, as defined in section 1 chapter 55.
"Political committee", a political committee as defined in section 1 of chapter 55, but not including a committee which receives contributions or makes expenditures for the purpose of opposing or promoting a charter change, referendum question, constitutional amendment, or other question submitted to the voters.
"Primary election campaign period", the period beginning the day following the qualifying period and ending the day of the primary election, inclusive.
"Qualifying contribution", an allowable contribution to a participant of at least $5 made during the qualifying period and after submission of a declaration of intent. An allowable contribution is a qualifying contribution only if it is accompanied by a form prescribed by the director pursuant to section 5. A contribution to a participant running for house of representatives is a qualifying contribution only if it is made by a registered voter who is registered in the participant's house district. A contribution to a participant running for senate is a qualifying contribution only if it is made by a registered voter who is registered in the participant's senate district. During any election cycle, only one allowable contribution by a particular voter to a given participant may be considered a qualifying contribution to that participant.
"Qualifying period", the period during which a candidate may collect qualifying contributions for the purpose of becoming a certified candidate. For a candidate for statewide office, the period shall begin August 1 of the year preceding an election year and end on the last day that such candidate may file nominating papers with the state secretary pursuant to chapter 53. For a candidate for other state office, the period shall begin January 1 of an election year and end on the last day that such candidate may file nominating papers with the state secretary pursuant to chapter 53.
"Unexpended fair primary election funds", the money on hand following the end of the primary election campaign period, minus any allowable contributions raised during the election cycle prior to the end of the primary election campaign period, and minus any outstanding obligated expenditures incurred during the election cycle prior to the end of the primary election campaign period.
Section 2. (a) The Massachusetts Fair Elections Fund, hereinafter referred to as the "fund", is hereby created in the state treasury. Any money donated to the fund, returned to the fund under this chapter or appropriated to the fund by the legislature shall be deposited in the fund. Monies in the fund shall be invested in the same manner as monies in the state general fund. Interest earned on investment of monies in the fund shall be deposited in and credited to the fund. Unexpended and unencumbered monies in the fund shall remain in the fund. Monies in the fund shall be appropriated, administered, and used solely as provided in subsection (b) of this section.
(b) The director shall make allocations from the fund in the manner and amounts set forth by this chapter.
Section 3. (a) All candidates for legislative office shall continue to be bound by all other applicable election and campaign finance statutes and regulations, unless they clearly conflict with the provisions of this chapter; provided, further, that a participant in Massachusetts Fair Elections shall abide by the following requirements, and no candidate not complying with such requirements at any time during an election cycle shall be eligible to become a participant:
(1) During an election cycle, a participant shall not accept, expend, or obligate to expend any contribution or funds from any source other than allowable contributions received in accordance with and subject to section 11, in-kind contributions received in accordance with section 12 or fair election funds received pursuant to sections 9 and 10;
(2) During an election cycle, contributions and fair election funds received by a participant shall be used only to pay expenses or obligated expenditures incurred during that election cycle;
(3) During an election cycle, a participant shall not spend any funds raised or otherwise received in a prior election cycle for the purposes of the current election cycle;
(4) A participant shall agree to and abide by the expenditure limits set forth in section 7 and the allowable and in-kind contribution limits set forth in sections 11 and 12;
(5) During an election cycle, the financial activity of a participant candidate's committee shall be conducted from one account kept segregated and separate from any other account; and
(6) During an election cycle, a participant shall participate in at least:
(i) 1 public debate before the primary election with other participating candidates and other willing candidates from the same party and seeking the same nomination as such candidate; and
(ii) 2 public debates after the primary election but before the general election with other participating candidates and other willing candidates seeking the same office as such candidate.
Section 4. (a) Any candidate for legislative office who chooses to become a participant in Massachusetts Fair Elections shall file with the director a declaration of intent to participate as a certified candidate.
(b) A declaration of intent shall be filed with the director during the election cycle and prior to the end of the qualifying period.
(c) A candidate shall submit a declaration of intent prior to soliciting or collecting any qualifying contributions.
Section 5. (a) To become a certified candidate, a participant shall receive the following:
(1) at least the following minimum number of qualifying contributions for the following legislative offices
State Senator……….. 450
State Representative.. 200
(2) A total dollar amount of qualifying contributions equal to or greater than the following amounts for the following legislative offices:
State Senator………. $2,250
State Representative.. $1,000
(b) Each qualifying contribution:
(1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account;
(2) shall be accompanied by a signed form to be provided by the director containing:
(i) the contributor’s name and the contributor’s address in the commonwealth in which the contributor is registered to vote;
(ii) an oath declaring that the contributor:
(A) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections Financing;
(B) is making the contribution in his or her own name and from his or her own funds;
(C) has made the contribution willingly; and
(D) has not received anything of value in return for the contribution; and
(3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate.
(c) The director shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section.
(d) No person shall make or give any payment, gift or anything of value in exchange for a contribution, and no such contribution shall be reported or treated as a qualifying contribution. Violation of this provision shall be punishable by a fine of not more than $2,000.
Section 6. (a) Application to become a certified candidate in Massachusetts Fair Elections shall be made by a participant during the qualifying period.
(b) When making application for certification, a participant shall file an update report. The update report shall cover contributions and expenditures during the period from January 1 of the election year through the third day before application for certification and shall have the content and format of reports required pursuant to section 18 of chapter 55.
(c) A participant's application to become a certified candidate shall be on a form prescribed by the director and shall be signed by the participant and the participant's campaign treasurer.
(d) The director shall certify a participant to participate in Massachusetts Fair Elections upon determining that the participant has:
(1) signed and filed a declaration of intent;
(2) collected the required number of qualifying contributions, collected a total dollar amount of qualifying contributions equal or greater than the amount required by section 5 and submitted supporting forms required pursuant to this section;
(3) complied with the expenditure limits set forth in section 7;
(4) complied with the allowable and in-kind contribution limits set forth in sections 11 and 12;
(5) met all other applicable requirements for participation established in this chapter;
(6) agreed to continue to abide by all requirements for participants after certification; and
(7) met all other applicable requirements concerning candidacy for state office set forth in the constitution and in the general laws.
(e) In no case shall certification or denial of certification be completed more than 7 business days after a participant has applied to become a certified candidate and submitted all appropriate supporting documents.
(f) The director's certification or denial of certification is subject to judicial review in the superior court of the county where the candidate resides or in the Suffolk County Superior Court or in the supreme judicial court for Suffolk county; provided, however, that any petition for judicial review shall be filed within 14 days after the end of the qualifying period.
(g) A participant who fails to become a certified candidate or who is decertified shall no longer be considered a participant and shall no longer be bound by the provisions of this chapter pertaining to participants.
Section 7. (a) To become and remain a certified candidate, a participant shall abide by the following expenditure limits, as adjusted in accordance with section 14:
(1) For each of the following legislative offices, during an election cycle and before the end of the primary election campaign period, total expenditures and obligated expenditures, not including in-kind contributions, shall not exceed the following amounts:
State Senator ………. $60,000
State Representative.. $20,000
(2) For each of the following state offices, total expenditures and obligated expenditures, not including in-kind contributions, shall not exceed the following amounts during a general election campaign period:
State Senator……….. $120,000
State Representative.. $40,000
(b) Nothing in this section shall be construed to permit a participant who does not have an opponent in the primary or general election and who receives less than the full amounts stated in sections 8(a)(1) or (2) to spend up to the limits stated in this section.
Section 8. (a) A certified candidate shall be eligible to receive distributions from the Massachusetts Fair Elections Fund in the following amounts:
(1) For each of the following legislative offices, fair primary election funds for a certified candidate shall be limited to:
State Senator………. $48,000
State Representative.. $16,000
(2) For each of the following legislative offices, fair general election funds for a certified candidate shall be limited to:
State Senator……….. $96,000
State Representative.. $32,000
Section 9. (a) Distributions from the Massachusetts Fair Elections Fund to certified candidates by the director shall, subject to appropriation, be made as follows:
(1) within 5 business days after certification, 20 per cent of the applicable amount provided in section 8(a)(1);
(2) within 5 business days after the end of the qualifying period, for certified candidates in a primary with an opponent who will appear on the ballot in the primary, 20 per cent of the applicable amount provided in section 8(a)(1);
(3) within 5 business days after the primary election, for certified candidates in the general election with an opponent who will appear on the ballot in the general election, 20 per cent of the applicable amount provided in section 8(a)(2);
(4) within 5 business days after the primary election, for certified candidates in a general election without an opponent in the general election, 20 per cent of the applicable amount provided in section 8(a)(2); and
(5) within 2 business days of the filing of a contribution report any matching funds as provided in section 10.
(b) Within 14 business days after the primary election, a certified candidate shall return all unexpended fair primary election funds to the Massachusetts Fair Elections Fund.
(c) Within 45 days after the general election, a certified candidate shall return all fair election funds that were not expended or obligated to be spent during the election cycle to Massachusetts Fair Elections Fund.
Section 10. (a) The Special Commission on Fair Elections shall pay to each participating candidate an amount equal to 400 per cent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the commonwealth.
(b) The maximum payment under this section shall be the amounts in section 7 pursuant to adjustment under section 14.
(c) The director shall make payments from the Massachusetts Fair Elections Fund under this section not later than 2 business days after the receipt of a report made under subsection (d).
(1) Each participating candidate shall file reports of receipts of allowable contributions at such times and in such manner as the director may by regulations prescribe.
(2) Each report under this subsection shall disclose:
(A) the amount of each allowable contribution received by the candidate;
(B) the amount of each allowable contribution received by the candidate from a resident of the commonwealth in which the candidate is seeking election; and
(C) the name, address, and occupation, when known, of each individual who made an qualified allowable contribution to the candidate.
(3) Reports under this subsection shall be made no more frequently than:
(A) once every month until the date that is 90 days before the date of the election;
(B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and
(C) once every day after the period described in subparagraph (B).
(4) The director may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election.
(e) The commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide for the opportunity for review and reconsideration within 5 business days of such denial.
Section 11. (a)
(1) In any election cycle and before the end of the primary election campaign period, the aggregate total of all allowable contributions accepted by a participant, including qualifying contributions, for the following offices shall not exceed:
State Senator ………...$12,000
State Representative….$4,000
(2) In any election cycle, during a general election campaign period, the aggregate total of all allowable contributions accepted by a participant, including qualifying contributions, for the following offices shall not exceed:
State Senator………....$24,000
State Representative….$8,000
(b) Any candidate may return a contribution or any portion thereof, and such returned amount shall be neither counted as part of the contribution, nor counted toward the limit stated in subsection (a).
(c) In the event that a participant has accepted allowable contributions which exceed the limit set forth in this section, the participant shall return any such excess funds to the contributors. The refund of excess funds shall be made not later than three days after discovery by the participant, or not later than three days after notification by the director, whichever is earlier.
(d) Each allowable contribution:
(1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account;
(2) shall be accompanied by a signed form to be provided by the director containing:
(i) the contributor’s name and the contributor’s address in the commonwealth in which the contributor is registered to vote;
(ii) an oath declaring the contributor:
(A) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may receive matching Fair Elections Financing;
(B) is making the contribution in his or her own name and from his or her own funds;
(C) has made the contribution willingly; and
(D) has not received anything of value in return for the contribution;
(3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate; and
(c) the director shall establish procedures for the auditing and verification of allowable contributions to ensure that such contributions meet the requirements of this section.
(d) No person shall make or give any payment, gift or anything of value in exchange for an allowable contribution, and no such contribution shall be reported or treated as an allowable contribution. Violation of this provision shall be punishable by a fine of not more than $2,000.
Section 12. (a) A participant may accept in-kind contributions only from political committees and individuals.
(b) In any election cycle, the total value of all in-kind contributions accepted by a participant for the following offices shall not exceed:
State Senator………. $10,000
State Representative.. $5,000
(c) In any election cycle, a participant shall not accept in-kind contributions from a single individual or political committee totaling more than $500 in the aggregate; provided, however, that a participant may accept in-kind contributions totaling not more than $1,000 in the aggregate from a political party committee.
Section 13. (a) A participant may pay and expend allowable contributions and fair election funds received under this chapter only for reasonable and necessary expenses directly related to the campaign of such participant and shall not make any expenditure that is primarily for the participant's or any other person's personal use.
(b) If the director determines that any portion of fair election funds distributed to a certified candidate under this chapter was used for any purpose other than to defray campaign expenditures in that candidate's campaign, or to repay loans the proceeds of which were used to defray campaign expenditures in that campaign, the director shall so notify the certified candidate and the certified candidate shall, after notice and opportunity for hearing, pay an amount equal to the full amount so used to the Massachusetts Fair Elections Fund.
Section 14. The dollar amounts in sections 5, 7, 8, 11 and 12 shall be adjusted as provided in this section. By February 1 of the year preceding an election year, the director shall determine the percentage increase in the consumer price index from December of 1998 to the most recent December. The dollar amounts and limits set forth in sections 8(a), 10(a) and l1(b) shall be increased by that percentage, and shall be rounded off to the nearest one hundred dollars. The expenditure limits for each state office set forth in section 7(a)(1) shall be increased by the sum of the corresponding increase in section 8(a)(1) and 60 per cent of the corresponding increase in 10(a). The expenditure limits for each state office set forth in section 7(a)(2) shall be increased by the sum of the corresponding increase in section 8(a)(2) and 40 per cent of the corresponding increase in 10(a). The director shall use the revised consumer price index for all urban consumers for the Boston-Lawrence-Salem, Massachusetts-New Hampshire metropolitan area prepared by the United States Department of Labor.
Section 15. (a) The director shall promulgate such rules and regulations as are necessary to implement the purposes of this chapter, including but not limited to the following:
(1) The director shall promulgate a declaration of intent form pursuant to section 4.
(2) The director, in consultation with the state secretary, shall promulgate regulations governing the certification of the registration status of voters making qualifying contributions pursuant to section 5 and allowable contributions pursuant to section 11.
(3) The director shall promulgate regulations and forms governing application for certification, the filing of update reports, and the timely certification of participants pursuant to section 6 and section 10.
(4) The director shall promulgate regulations governing the disbursement of fair general election funds and the timing of such disbursement in the event that primary election results are subject to a recount or judicial review.
(5) The director shall promulgate regulations governing application, certification, expenditure limits, allowable and in-kind contribution limits, and distribution of fair election funds for candidates running in a special election.
(6) The director shall promulgate regulations governing the return of allowable contributions by certified candidates pursuant to section 10.
(7) The director shall promulgate regulations governing the return of fair election funds in the case of the death of a certified candidate or withdrawal of a certified candidate from a race.
(b) The director shall have the same power and authority to investigate the legality, validity, completeness and accuracy of all reports filed and actions taken by candidates pursuant to this chapter as is provided by section 3 of chapter 55 pertaining to campaign contributions and expenditures. Such power shall include, but not be limited to, the issuance of summonses.
(c) The director may waive all or part of any civil penalty set forth in this chapter for good cause shown; provided, however, that such findings and the reasons therefore are put in writing.
(d) The director shall annually determine the amount of funds required for the full implementation of all provisions of this chapter. Pursuant to section 3 of chapter 29, the director shall annually make a request to the budget director for inclusion of a request in the budget for such funds.
Section 16. All reports and statements filed with the director pursuant to this chapter shall be signed under the penalties of perjury.
Section 17. (a) In addition to any other penalties which may be imposed under this chapter, the director shall, after notice and opportunity for hearing, decertify any participant who knowingly:
(1) exceeds the expenditure limit specified in section 7;
(2) accepts any contribution in violation of the allowable or in-kind contribution limits set forth in sections 11 and 12;
(3) falsely reports any expenditure or contribution; or
(4) fails to disclose any expenditure or contribution as specified in this chapter or in sections 18 or 19 of chapter 55; unless such candidate can establish to the director that such violation was of a trivial or limited character.
(b) Any participant who fails to meet the nominating requirements set forth in chapter 53, including but not limited to a candidate who has lost the party primary, and who has exhausted all legal rights to meet such requirements, shall be decertified by the director.
(c) Any participant decertified pursuant to this chapter, except a candidate who is decertified solely for not winning the party primary who shall return all unexpended fair primary election funds, shall forfeit and return, with interest from date of receipt to date of return at the rate computed as specified in section 6 I of chapter 231, all fair election funds which said candidate has received. Funds forfeited and all applicable interest returned by a decertified candidate shall be deposited in the Massachusetts Fair Elections Fund.
(d) A participant decertified by the director for any violation of this chapter shall, after notice and opportunity for hearing, be fined an amount equal to two times the amount at issue for each violation. Such fine shall not be paid from the campaign account of the certified candidate's committee.
(e) A participant decertified by the director for falsely reporting or for failing to report or disclose any contribution or expenditure required to be reported or disclosed pursuant to section 18 of chapter 55 or section 5(b) of this chapter shall, after notice and opportunity for hearing, be fined an amount equal to two times the amount at issue for each violation. Such fine shall not be paid from the campaign account of the certified candidate's committee.
(f) All fines imposed by the director under this section shall be paid within 120 days of the decertification and shall be deposited in the Massachusetts Fair Elections Fund.
(g) Decertification is subject to judicial review in the superior court of the county where the candidate resides or in the Suffolk county superior court or in the supreme judicial court for Suffolk county, provided, however, that any petition for judicial review shall be filed within ten days of receipt of notice of decertification.
(h) The director shall provide to the decertified candidate written explanation for the cause of decertification.
Section 18. (a) There is hereby established a Special Commission on Fair Elections to consist of 3 members of the senate, 1 of whom shall be the chair of the joint committee on election laws who shall serve as co-chair, 1 of whom shall be the senate president or their designee, and 1 of whom shall be the minority leader or their designee, and 3 members of the house of representatives, 1 of whom shall be the chair of the joint committee on election laws who shall serve as co-chair, 1 of whom shall be the speaker of the house or their designee, and 1 of whom shall be the minority leader or their designee, the governor or their designee, the state secretary or their designee, and 8 Massachusetts citizens representing the public to be appointed by the director of the office of campaign and political finance.
(b) The special commission shall investigate and study the workings of the Massachusetts Fair Elections, including, but not limited to, the required number of qualifying contributions, the level of fair election amounts, expenditure limits for participants, adequacy of funding for the Massachusetts Fair Elections, the level and impact of independent expenditures in Massachusetts elections, the cost of implementation, estimated cost of compliance with this chapter by the office of campaign and political finance, and the priority of funding fair elections candidates in the event the legislature appropriates insufficient funds. The office of campaign and political finance shall consult with and provide information and assistance to said commission in the preparation of its report. Said commission shall begin to meet and conduct hearings no later than 90 days after the effective date of this act and shall report to the general court the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and the house of representatives and the chairmen of the senate and house committees on ways and means no later than 180 days after the effective date of this act. Said commission shall meet and hold hearings at least every two years and shall report to the general court in the same manner before the first Wednesday of October in every even numbered year.
Section 19. This chapter shall be effective for all election cycles beginning on or after November 1, 2024.
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An Act extending voting rights in municipal elections to noncitizen voters of the commonwealth
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S415
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SD135
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{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:33:50.61'}
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[{'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-01-11T11:33:50.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S415/DocumentHistoryActions
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Bill
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By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 415) of James B. Eldridge for legislation to extend voting rights in municipal elections to noncitizen voters of the commonwealth. Election Laws.
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Chapter 51 of the General Laws is hereby amended by inserting after section 1F the following section:–
Section 1G. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“municipal election”, an election for mayor, school committee, city council, town council, board of selectmen, select board elections, a school committee referendum, a local ballot referendum or other municipal elections.
“noncitizen voter”, a person 18 years of age or older with legal immigration status who is not a citizen of the United States.
“noncitizen voting limitations”, a noncitizen voter’s inability to vote for: (1) the office of President, Vice President, Presidential elector, Member of the Senate or Member of the House of Representatives pursuant to 18 U.S.C. 611; (2) a state office; or (3) initiative petitions authorized under article XLVIII of the constitution.
“noncitizen voter registration form”, a voter registration form that only a noncitizen voter uses.
“noncitizen voting rights”, a noncitizen voter’s right to: (1) vote in a municipal election; (2) participate in a town meeting; and (3) be a candidate and serve, if duly elected, in a municipal elected office.
“town meeting”, an open town meeting or a representative town meeting established pursuant to chapter 43A.
(b) Notwithstanding the provisions of section 1 of chapter 51 or any other general or special law to the contrary, a municipal election official shall enter a noncitizen voter’s name on a list of noncitizen voters upon the noncitizen voter’s submission of a noncitizen voter registration form. Within 5 days of entering the noncitizen voter’s name on the list, the municipal election officer shall notify the noncitizen voter: (1) of the noncitizen voting rights; (2) of the noncitizen voting limitations; and (3) that voting in a federal election may jeopardize the noncitizen’s application for United States citizenship.
(c) For as long as the noncitizen voter remains a resident of the town in which the noncitizen voter has registered to vote, the noncitizen voter may exercise the noncitizen voting rights. A noncitizen voter shall only remain registered to vote in one municipality at a time.
(d) The state secretary shall issue a noncitizen voter registration form. The voter registration form shall include a declaration to be signed under pains and penalties of perjury by the noncitizen voter that the noncitizen is a resident of the municipality in which the noncitizen voter desires to vote.
(e) The state secretary and the election officer of a municipality shall disseminate the noncitizen voter registration form at the same places and in the same manner that the state secretary and election officer of a municipality disseminate the voter registration form for a United States citizen.
(f) The state secretary shall issue regulations to implement this section.
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An Act establishing the state primary to the second Tuesday of May
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S416
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SD1636
| 193
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{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T14:15:09.547'}
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[{'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-01-14T14:15:09.5466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S416/DocumentHistoryActions
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Bill
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By Mr. Fattman, a petition (accompanied by bill, Senate, No. 416) of Ryan C. Fattman for legislation to establish the state primary to the second Tuesday of May. Election Laws.
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Section 28 of chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 8, the following word, September, and inserting in place thereof the following word:- May.
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An Act to protect the integrity of town meetings
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S417
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SD1119
| 193
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{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:47:08.523'}
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[{'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-01-12T16:47:08.5233333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S417/DocumentHistoryActions
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Bill
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By Mr. Feeney, a petition (accompanied by bill, Senate, No. 417) of Paul R. Feeney for legislation to protect the integrity of town meetings. Election Laws.
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Section 32 of chapter 56 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting, in line 3, after the word “vote” the following words:- or to incentivize their attendance or absence at a town meeting.
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An Act relative to campaign finance reform
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S418
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SD1647
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T18:33:32.81'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-19T18:33:32.81'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S418/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 418) of Barry R. Finegold for legislation relative to campaign finance reform. Election Laws.
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SECTION 1. Section 1 of chapter 55 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “candidate’s committee” the following definition:-
“Child care services”, care services provided to a candidate’s child, including, but not limited to, baby-sitting services by non-profit or for-profit organizations that provide such services and any other costs directly related to such services that occur as a result of campaign activities; provided, however, that expenses related to child-care services shall not include payments to a family member, as defined in section 1 of chapter 50, of a child, unless the family member owns, operates or is employed by a professional daycare or babysitting service and the cost of the service is no greater than the family member would otherwise charge.
SECTION 2. Said section 1 of said chapter 55, as so appearing, is hereby further amended by inserting after the definition of “independent expenditure” the following definition:-
“In-kind contribution”, anything of value that is provided to a committee or candidate in a non-monetary form, including, but not limited to: (i) the value of goods or services provided free of charge; (ii) the difference between the cost charged and the usual market value charged; or (iii) the amount paid by a person or entity on behalf of the committee or candidate.
SECTION 3. Said section 1 of chapter 55, as so appearing, is hereby further amended by inserting after the definition of “state office” the following definition:-
“Two-year election cycle”, the period beginning on the January 1st immediately following the last biennial state election and ending on the December 31st immediately following the next biennial state election; provided, however, that for a special election, “two-year election cycle” shall mean the period beginning the day a special general election is called and ending after the certification of the results of the special general election pursuant to section 116 of chapter 54.
SECTION 4. Section 5 of said chapter 55, as so appearing, is hereby amended by striking out the word “address” in line 10 and inserting in place thereof the following:-
business address.
SECTION 5. Said section 5 of said chapter 55, as so appearing, is hereby further amended by striking out the phrase “the name and residential address” in lines 17 and 18 and inserting in place thereof the following:-
the name and business or residential address.
SECTION 6. Said section 5 of said chapter 55, as so appearing, is hereby further amended by striking out the phrase “residential address” in line 19 and inserting in place thereof the following:-
business or residential address.
SECTION 7. Said section 5 of said chapter 55, as so appearing, is hereby further amended by striking out the phrase “name and address” in line 21 and inserting in place thereof the following:-
name and residential address.
SECTION 8. Said section 5 of said chapter 55, as so appearing, is hereby further amended by striking out the word “addresses” in line 62 and inserting in place thereof the following:-
residential addresses.
SECTON 9. Section 6 of said chapter 55, as so appearing, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
A political committee, duly organized, may receive, pay or expend money or other things of value for the enhancement of the political future of the candidate or the principle for which the committee was organized; provided, however, that the expenditure shall not be primarily for the candidate’s or any other person’s personal use. The director shall establish reasonable rules and regulations concerning the expenditures.
SECTION 10. Said section 6 of said chapter 55, as so appearing, is hereby further amended by inserting, after the word “to” in line 64, the following:-
the provision of child care services that would not otherwise exist but for the existence of the campaign, to.
SECTION 11. Said section 6 of said chapter 55, as so appearing, is hereby further amended by inserting after the sixth paragraph the following paragraph:-
For the purposes of this section the term “personal use” shall not include expenses related to:
(i) the installation and monitoring of hardware, software or services related to the cybersecurity of the electronic devices of a candidate or campaign worker; provided, however, that such expenses: (1) would not otherwise exist but for the existence of the campaign; (2) are not primarily made to support cybersecurity measures for the personal accounts of a candidate or campaign worker; and (3) are not otherwise paid, provided or reimbursed by the commonwealth or any governmental body; or
(ii) the purchase or rental of personal protective equipment, including bullet-proof vests, body armor, pepper spray or gas masks for a candidate, campaign worker or staff member; provided, however, that: (1) the expenses would not otherwise exist but for the existence of the campaign; (2) the expenses are not otherwise paid, provided or reimbursed by the commonwealth or any governmental body; and (3) if an individual is no longer a candidate, or a staff member or campaign worker is no longer employed or engaged by the candidate or committee, such equipment shall be retained as an asset of the committee.
SECTION 12. The first paragraph of section 7A of said chapter 55, as so appearing, is hereby amended by striking out all words after the word “exceed” in line 4 and inserting in place thereof the following:-
the sum of $2,000 per two-year election cycle, regardless of whether such candidate has appeared or will appear on an election ballot at any point during the given two-year election cycle; provided, however, that the aggregate of contributions by an individual for the benefit of any 1 candidate and the committee of that candidate if such candidate is seeking election to an office with a term of one year shall not exceed the sum of $1,000 in a calendar year.
SECTION 13. Said chapter 55, as so appearing, is hereby amended by inserting after section 7A the following section:-
Section 7B. Using the federal consumer price index for the Boston statistical area, the director shall biennially index for inflation the contribution and aggregate amount limits referred to in sections 6 and 7A of this chapter. Not later than December 31st of each even numbered year beginning with 2024, the director shall calculate and publish such indexed limits, rounded down to the nearest $50; provided, however, that the director shall use the unrounded limits when indexing the limits for inflation in the subsequent even numbered year.
SECTION 14. Section 14 of said chapter 55, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following:
Section 14. No person shall in any building or part thereof occupied for state, county or
municipal purposes demand, solicit or receive any payment or gift of money or other thing of value for the purposes set forth in section 13 of this chapter; provided, however, that this section shall not apply to an individual, candidate, political committee or a person acting on behalf of such individual, candidate or political committee, that rents or leases a portion of a building occupied for state, county or municipal purposes, other than the state house or a city or town hall, for the purpose of holding a meeting, fundraiser or similar event on the same terms and conditions as offered to a member of the public; and provided further, that no government business is conducted in that portion of the building during the meeting, fundraiser, or event.
SECTION 15. Section 18A of said chapter 55, as so appearing, is hereby amended by striking out the phrase “after the tenth day, but more than 24 hours before the date of any election,” and inserting in place thereof the following:-
after the tenth day before the date of the election and up through the date of the election.
SECTION 16. Said section 18A of said chapter 55, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following:-
(d) For the purposes of this section, an ''independent expenditure PAC'' shall be a political committee or other entity that receives contributions to make independent expenditures. An independent expenditure PAC shall organize in accordance with section 5 of this chapter and shall, if organized with the director, appoint a depository bank in accordance with section 19 of this chapter. An independent expenditure PAC that organizes and files reports with the director shall file reports in accordance with the schedule set forth in section 19(b)(2) of this chapter. An independent expenditure PAC that organizes and files reports with a city or town clerk shall file reports in accordance with the schedule set forth in section 18(a)(1) of this chapter.
In addition to any reports required by sections 18 or 19 of this chapter, the independent expenditure PAC shall file reports as required by subsections (a) and (b) of this section. Such reports shall be filed with the director if the independent expenditure PAC is organized with the office of campaign and political finance, or with the city or town clerk if organized with the clerk. Reports filed pursuant to subsections (a) and (b) of this section shall disclose contributions received, expenditures made and liabilities incurred during the reporting period. The reporting period for the first report filed by an independent expenditure PAC pursuant to subsections (a) or (b) of this section shall commence on the day the independent expenditure PAC was organized and shall be complete through the date of the latest expenditure disclosed in the report. The reporting period for the next report shall commence on the date following the last date included in the previous report filed pursuant to subsections (a) or (b) of this section and shall be complete through the date of the latest expenditures disclosed in the report. An independent expenditure PAC shall also file a year-end report by January 20 of each year the independent expenditure PAC remains in existence and shall file a final report upon dissolution. The reporting period for the year-end report shall be cumulative for the calendar year, commencing on January 1 and ending on December 31 of each calendar year. The director shall adopt regulations regarding independent expenditure PACs.
SECTION 17. Section 19 of said chapter 55, as so appearing, is hereby amended by striking out the phrase “7 days of receipt” in line 34 and inserting in place thereof:-
14 days of receipt.
SECTION 18. Said section 19 of said chapter 55, as so appearing, is hereby further amended by striking out the word “and” in line 47 and inserting after the word “report” in line 48 the following:-
; (iv) a list of all in-kind contributions of more than $50 received as of the last day of the preceding month and since the last statement, including an alphabetical list of names and addresses of each person making such contribution, the date received, the type of in-kind contribution and the value of the in-kind contribution; and (v) a list of new liabilities incurred as of the last day of the preceding month, including the name and address of the person to whom the liability exists, together with a clear statement of purpose for which it was incurred.
SECTION 19. Section 19 of said chapter 55, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) Except as otherwise provided in this section, all payments for campaign purposes made by or for the benefit of a candidate or by the treasurer of a political committee which are in excess of $100 shall be made only from funds on deposit in the depository through checks drawn on the depository and indicating that the checks are drawn on the campaign account of the candidate or the political committee involved, or in another form as permitted by this section. All checks drawn on the campaign account shall be payable to the order of a named payee. The memo line of the check shall be used by the political committee issuing the check to indicate the specific purpose of the expenditure. A political action committee or political party committee making an expenditure to support or oppose a candidate shall identify the candidate on the check.
Notwithstanding the restrictions in the paragraph above, a committee may reimburse individuals, including the candidate or treasurer, in amounts greater than $100; provided, however, that the reimbursement amounts shall not be more than $1,000 in the aggregate in a calendar year; and provided further, that the committee complies with the following requirements: (i) reimbursements shall be made to individuals not later than thirty days after the date of the first reimbursed expenditure; (ii) reimbursement reports shall be filed within three days of the reimbursement check being issued to disclose underlying expenditures; (iii) no person who is authorized to make expenditures for a committee may write a check payable to themself; (iv) detailed records including receipts for reimbursed expenditures shall be maintained; and (v) if a reimbursement is not made consistent with this paragraph the expenditure shall be deemed an in-kind contribution or loan by the individual and subject to all contribution restrictions.
A candidate or treasurer of a political committee required to designate a depository may make expenditures by wire transfer, electronic fund transfer or other electronic means, credit card or debit card; provided, however, that a candidate or treasurer making an expenditure shall ensure that the date, amount and specific purpose of the expenditure is disclosed in accordance with regulations established by the director; and provided further, that a candidate or a treasurer of a candidate's committee for nomination or election to the state senate or house of representatives shall provide such disclosures on the same schedule as set forth in paragraph (3) of subsection (b).
SECTION 20. Section 25 of said chapter 55, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following:-
The director shall retain all statements and reports filed with the office under the provisions of this chapter by candidates and their committees until December 31st of the fifteenth year following the relevant election.
SECTION 21. The director of campaign and political finance shall promulgate additional rules and regulations to implement sections 1, 10, and 11 of this act not later than three months after the effective date of this act.
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An Act establishing an early electronic voting option for municipal elections
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S419
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SD2011
| 193
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{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T11:47:58.763'}
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[{'Id': 'BRF0', 'Name': 'Barry R. Finegold', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BRF0', 'ResponseDate': '2023-01-20T11:47:58.7633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S419/DocumentHistoryActions
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Bill
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By Mr. Finegold, a petition (accompanied by bill, Senate, No. 419) of Barry R. Finegold for legislation to establish an early electronic voting option for municipal elections. Election Laws.
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SECTION 1. Section 25B of chapter 54 of the General Laws is hereby amended by inserting after paragraph (5) of subsection (c) the following paragraphs:-
(6) For any other city or town preliminary, primary or election not included in subsection (b) of this section, the select board, board of selectmen, town council or city council of a municipality may vote to authorize any registered voter qualified under section 1 of chapter 51 to vote early through an electronic system that is approved by the state secretary. Such vote by the select board, board of selectmen, town council or city council shall: (i) only be taken after a request from not less than 50 percent of the registrars of the municipality recommending the authorization of early electronic voting; and (ii) occur not less than 60 days prior to the proposed beginning of early electronic voting.
(7) As part of the vote to authorize early electronic voting under paragraph (6), a municipality shall set the early electronic voting period to begin not sooner than 17 days before the preliminary, primary or election and end not later than 2 business days before the preliminary, primary or election. Early electronic voting under this subsection shall be conducted during the usual business hours of the city or town clerk unless different hours are set as part of the vote to allow early electronic voting, including any weekend hours.
(8) A voter wishing to cast an early electronic ballot in a preliminary, primary or election for which early electronic voting has been authorized pursuant to paragraph (6) shall apply for such ballot in a form and manner prescribed by the state secretary; provided, however, that the secretary shall permit a voter to apply through an electronic application that: (i) includes clear instructions for completing and returning the application to the appropriate city or town clerk; and (ii) can be: (A) completed by the voter electronically; (B) signed with a wet signature or hand-drawn electronic signature; and (C) submitted electronically, by mail or by delivering it to the office of the appropriate city or town clerk.
(9) Upon receipt of a properly executed application from a voter for an early electronic ballot, the city or town clerk shall retain the application and, without delay, enter the application in the voter registration information system. Upon the commencement of the early electronic voting period or upon the clerk’s receipt of the voter’s application, whichever is later, the city or town clerk shall expeditiously transmit access to an early electronic ballot, pursuant to paragraph (10), to all voters from whom a properly executed application was received; provided, however, that the city or town clerk shall not transmit access to an early electronic voting ballot to any voter after the conclusion of the early electronic voting period.
(10) During the early electronic voting period, a voter who has received access to an early electronic ballot may vote through an electronic system that is approved by the state secretary and allows a voter to receive, mark, verify and cast a ballot electronically; provided, however, that any electronic system approved by the state secretary under this section, subject to regulations promulgated by the state secretary, shall: (i) provide an electronic voter affidavit that may be used for certification of an electronic ballot and signed with a wet signature or hand-drawn electronic signature; (ii) not store personal identifying information beyond the time necessary to confirm the identity of the voter; and (iii) provide clear instructions to voters for returning the marked ballot electronically to the appropriate city or town clerk to be counted.
SECTION 2. Subsection (e) of section 25B of chapter 54 of the General Laws is hereby amended by inserting, after the phrase “submitted a ballot electronically pursuant to”, the following words:- paragraphs (6) through (11) of subsection (c) or.
SECTION 3. Not later than four months after the effective date of this act, the state secretary shall promulgate regulations necessary to implement paragraphs (6) through (11) of subsection (c) of section 25B of chapter 54 of the General Laws, as inserted by section 1 of this act.
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An Act strengthening local food systems
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S42
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SD875
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T15:19:20.657'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-18T15:19:20.6566667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-27T12:19:04.7766667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-27T12:19:04.7766667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-27T09:38:37.3666667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-31T12:40:11.7333333'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-06T12:08:34.0966667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T09:02:35.8866667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-15T09:50:44.64'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-02-15T09:50:44.64'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T10:48:14.9333333'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-21T22:36:42.0033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-10T08:41:59.82'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T14:36:23.42'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-21T11:46:44.18'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S42/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 42) of Joanne M. Comerford, Susannah M. Whipps, Hannah Kane, Susan Williams Gifford and other members of the General Court for legislation to strengthen local food systems. Agriculture.
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SECTION 1. Chapter 6A of the General Laws is hereby amended by inserting after section 18Z the following section:-
Section 18AA. The Massachusetts emergency management agency shall consider and develop, in all emergency preparedness planning efforts, plans for supporting agricultural, seafood, and processed food production in the commonwealth in order to mitigate the impacts of food supply chain disruptions. Plans shall be developed in coordination with the department of agricultural resources, the department of public health, and the department of transitional assistance, and shall include consideration for production, transportation, storage, and distribution.
SECTION 2. Section 6C of chapter 20 of the General Laws is amended by inserting after subsection (g) the following subsection:-
(h) The council shall appoint a full time food system coordinator as an employee. The food system coordinator shall have access to all relevant agency meetings; serve in an advisory capacity to all relevant departments to inventory existing state programs which relate to the food system across all state agencies, including, but not limited to, agencies associated with the council; facilitate communication and resource collaboration across state agencies; develop and track metrics related to food system goals; identify opportunities to eliminate duplicative efforts and strengthen complementary programs and projects; identify gaps in services and supports and make recommendations; and provide input to help coordinate outreach to underserved communities. The food system coordinator shall submit a report 1 week prior to each council meeting with findings, progress updates, and recommendations to the clerks of the senate and the house of representatives, the council, relevant department secretaries, and relevant department commissioners.
SECTION 3. Chapter 20 of the General Laws is hereby amended by inserting after section 6C the following section:-
Section 6D. There shall be established within the department a circuit rider program to provide on-site guidance to businesses in the commonwealth that are regulated by the department of agricultural resources about state programs, regulations, and funding opportunities. Subject to appropriation, the commissioner shall designate a program director. The director shall establish places at which and the methods whereby farmers may make requests for a farm visit by program staff at no cost. Program staff shall coordinate with state agencies as necessary to assist farmers with compliance. Farm visits under the circuit rider program shall be made in a non-enforcement capacity.
SECTION 4. The second sentence of subsection (a) of section 23 of chapter 20 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “agricultural purposes,” in line 14, the following words:- ; provided, that the committee or any independent appraisal to determine the fair market value of the land restricted for agricultural purposes shall include in its valuation the appraised value of any easements and infrastructure including dwellings, structures, plumbing and irrigation systems on the entire parcel in its fair market value consideration or any payment.
SECTION 5. Chapter 20 of the General Laws is hereby amended by inserting after section 32 the following section:-
Section 33. Notwithstanding any general or special law to the contrary, the secretary of energy and environmental affairs shall establish a program to acquire by purchase, gift, lease, eminent domain, or otherwise lands and waters and easements therein to protect and conserve land for the purpose of furthering the department’s mission, including, but not limited to, retaining land in agricultural or horticultural use as defined by section 1A of chapter 128 and providing affordable and equitable access to agricultural and horticultural lands.
The commissioner may, from funds appropriated to carry out this section or from funds received from other sources, compensate a landowner for the acquisition of real estate in such amount as is determined by the commissioner to be equitable in consideration of anticipated benefits from such acquisition in accordance with land acquisition regulations of the department. The commissioner may use departmental funds to create, replace, and maintain appropriate infrastructure and improvements that the department deems consistent with the goals of this section and the department’s mission.
The department may lease, license, or otherwise manage these lands as it sees fit in its sole discretion to best carry out this section and the department’s mission and goals.
Acquisition of land or water under this section shall not guarantee any public access unless otherwise agreed to by the department.
The department may promulgate rules and regulations relative to the rights, privileges and use of lands, waters, real estate interests and associated improvements acquired and maintained hereunder.
The department may dispose of such real estate as permitted under section 5A of chapter 3 or through the sale to a qualified farmer or beginning farmer in conjunction with permanent protection of the real estate interest such as through an agricultural preservation restriction to the commonwealth or other qualified conservation entity.
SECTION 6. Chapter 29 of the General Laws is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Next Generation Farmers Fund. The fund shall be administered by the secretary of energy and environmental affairs, in consultation with the secretary of labor and workforce development.
(b) The fund shall be credited with $3,000,000 annually from the Massachusetts Alternative and Clean Energy Investment Trust Fund, established by section 35FF of chapter 10, for an agricultural workforce development grant program. Said program shall award grants to the commonwealth’s higher education institutions, vocational technical schools, or community-based organizations that have existing programs for providing workforce development training to first time farmers or the capacity to create such programs. Priority consideration shall be given to programs that serve a high percentage of minority or low-income students or people with disabilities, as well as programs that include hands-on training and training in agricultural practices that mitigate climate change and protect the environment. Not less than $3,000,000 annually from this fund shall go to programs that provide training in agriculture as defined by section 1A of chapter 128, provided that not more than $1,000,000 shall be granted annually to programs providing training in the growing and harvesting of forest products upon forest land.
(c) A report detailing the expenditures of the fund shall be submitted annually on or before May 30 to the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the committees on economic development and emerging technologies and the committee on environment, natural resources and agriculture.
SECTION 7. Chapter 61A of the General Laws is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Land shall be considered to be in horticultural use when primarily and directly used in raising fruits, vegetables, berries, nuts and other foods for human consumption, feed for animals, tobacco, flower, sod, trees, nursery or greenhouse products, and ornamental plants and shrubs for the purpose of selling these products or a product derived from such plants in the regular course of business; or when primarily and directly used in raising forest products under a certified forest management plan, approved by and subject to procedures established by the state forester, designed to improve the quantity and quality of a continuous crop for the purpose of selling these products in the regular course of business; or when primarily and directly used in a related manner which is incidental to those uses and represents a customary and necessary use in raising these products and preparing them for market or the products derived therefrom for market.
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An Act promoting political participation
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S420
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SD1113
| 193
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{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T12:56:07.213'}
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[{'Id': 'CFF0', 'Name': 'Cindy F. Friedman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CFF0', 'ResponseDate': '2023-01-15T12:56:07.2133333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T11:19:23.75'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T13:31:07.99'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-06T11:41:58.57'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-06T13:59:37.3'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-15T11:13:28.6733333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S420/DocumentHistoryActions
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Bill
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By Ms. Friedman, a petition (accompanied by bill, Senate, No. 420) of Cindy F. Friedman, Sal N. DiDomenico, Michael J. Barrett, Jason M. Lewis and other members of the Senate for legislation to promote political participation. Election Laws.
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SECTION 1. Section 150 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 22 to 23, inclusive, the words “or section 19 of chapter 151” and inserting in place thereof the following words:- , section 19 of chapter 151, or chapter 180B
SECTION 2. Section 150A of said chapter 149, as so appearing, is hereby amended by inserting after the word “check-off”, in line 4, the following words:- , voluntary contributions to social welfare organizations or political committees pursuant to chapter 180B
SECTION 3. Section 8 of chapter 154 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “plan,”, in line 15, the following words:- or voluntary contributions to social welfare organizations or candidate or other political committees pursuant to chapter 180B,
SECTION 4. The General Laws are hereby amended by adding after chapter 180A the following chapter:-
CHAPTER 180B: PAYROLL DEDUCTIONS TO PROMOTE POLITICAL PARTICIPATION THROUGH VOLUNTARY CONTRIBUTIONS TO NOT-FOR-PROFIT SOCIAL WELFARE ORGANIZATIONS OR CANDIDATE OR OTHER POLITICAL COMMITTEES
Section 1. Findings and public policy.
The general court hereby finds that many low-income residents of Massachusetts face substantial obstacles to participating fully in the public and political life of their communities; that financial barriers, including lack of access to credit cards and banking services, often prevent these residents from contributing financially to not-for-profit social welfare organizations or candidate or other political committees that engage in the political process and help shape the policies that affect residents’ lives; and that a payroll deduction mechanism would promote political participation by enabling individuals to authorize small, regular deductions from their pay at levels they can afford to contribute to political and advocacy organizations, eliminating transaction costs for such contributions and permitting greater numbers of Massachusetts residents to engage in the political process and to participate in community and civic life.
It is therefore declared to be the policy of the commonwealth to create a payroll deduction mechanism for enabling voluntary contributions to not-for-profit social welfare organizations or candidate or other political committees, available to any individual employed by an employer with a system of payroll deduction and without cost to the individual or to the employer.
Section 2. Definitions.
As used in sections 1 through 7, inclusive, of this chapter, unless the context otherwise requires, the following words shall have the following meanings:
“Covered organization” shall mean any not-for-profit organization that is organized under the Internal Revenue Code, 26 U.S.C. section 501(c)(4) and certified by the attorney general pursuant to this chapter or any candidate or other political committee that is organized in accordance with chapter 55 of the General Laws and regulations of the Massachusetts Office of Campaign and Political Finance and certified by the attorney general pursuant to this chapter; provided, however, that the not-for-profit organization or candidate or other political committee has obtained authorization pursuant to section 3 of this chapter from 10 or more residents of the commonwealth, provided further that each such authorization shall be valid for a period of 6 months from when it was dated and signed.
“Employee'' shall mean any person employed by an employer, including any person considered to be an employee under section 148B of chapter 149 of the General Laws and any person covered by the definition of “employee” in the Fair Labor Standards Act, 29 U.S.C. section 203(e).
“Employee organization” shall mean an organization as defined in section 1 of chapter 150E of the General Laws.
“Employer'' shall mean any individual, company, corporation, partnership, labor organization, unincorporated association or any other private legal business or other private entity, whether organized on a profit or not-for-profit basis, including any person acting directly or indirectly in the interest of an employer. The term “employer” shall include the commonwealth or any body of the commonwealth, including the legislature, judiciary, any boards, departments, and commissions thereof or authorities, all political subdivisions of the commonwealth and all districts.
“Labor organization” shall mean an organization as defined in the National Labor Relations Act, 29 U.S.C. section 152(5) or as defined in section 2 of chapter 150A of the General Laws.
“Remittance” shall mean a voluntary contribution duly authorized in writing by an employee, to be deducted from the employee's pay and remitted to a covered organization pursuant to this chapter.
“In writing” or “written” denotes a tangible or electronic record of a communication or representation, including handwriting, typewriting, printing, photo-stating, photography, audio or video recording, and any “electronic signature,” as defined by section 2 of chapter 110G of the General Laws.
Section 3. Requirement to deduct and remit voluntary contributions to covered organizations; standards for valid authorization; revocation of authorization, timely remittance.
(a) An employer shall, upon written authorization of an employee, deduct voluntary contributions from the employee’s pay and remit them to a covered organization designated by the employee, minus a reasonable administrative fee for processing such deduction and remittance determined pursuant to regulations adopted by the attorney general except as precluded by subsection (g) of this section; provided, however, that the employee or covered organization has provided to the employer documentation that the attorney general has certified the covered organization pursuant to subsection (b) of section 4 of this chapter.
(b) The employee’s written authorization shall include:
(i) the name and residential address of the contributing employee;
(ii) the name and address of the employer;
(iii) the occupation of any contributing employee who has authorized deduction of a contribution of $200 or more or of periodic contributions that in the aggregate exceed or may exceed $200 within any one calendar year;
(iv) the name and address of the not-for-profit organization or candidate or other political committee to which the employee wishes to contribute;
(v) the amount of the contribution to be deducted in each pay period; provided, however, that the minimum amount of such contribution shall be $2.00;
(vi) a statement that the contributing employee’s authorization may be revoked by the employee at any time by written notice from the employee to the employer; and
(vii) the date upon which such authorization was signed.
(c) An authorization is valid for each subsequent pay period until the employee revokes the authorization in writing and transmits the revocation to the employer.
(d) The employer shall provide a copy of any written authorization or revocation that it receives to the not-for-profit organization or candidate or other political committee to which it pertains within 5 business days of receipt.
(e) The employer shall commence deductions no later than the first pay period that begins 15 or more business days after receipt of the authorization and shall remit the deductions to the covered organization no later than 15 business days after deduction.
(f) An employee may authorize contributions to no more than 2 covered organizations at one time.
(g) Nothing in this chapter is intended to or shall be construed to affect or modify in any way the terms of any collective bargaining agreement.
(h) An employer’s processing of these contributions does not violate section 8 of chapter 55 of the General Laws.
(i) An employer’s processing of these contributions does not make them an intermediary or conduit under section 10A of chapter 55 of the General Laws.
(j) The use of authorization cards in this statute is not limited by the specific reference to political action committees in section 9A of chapter 55 of the General Laws.
Section 4. Certification of a not-for-profit organization or candidate or other political committee as a covered organization.
(a) A not-for-profit organization or candidate or other political committee seeking to be certified as a covered organization pursuant to this chapter must provide the attorney general with the following:
(i) The name, address, email address, and phone number of the not-for-profit organization or candidate or other political committee;
(ii) Proof of current status as a not-for-profit organized under 26 U.S.C. section 501(c)(4) and incorporated under the laws of the state of its incorporation or candidate or other political committee registered with the Massachusetts Office of Campaign and Political Finance; and
(iii) Proof that the not-for-profit organization or candidate or other political committee has obtained payroll deduction authorization pursuant to subsection (b) of section 3 of this chapter from 10 or more residents of the commonwealth.
(b) The attorney general shall provide written notice to the not-for-profit organization or candidate or other political committee that it has been certified as a covered organization within 15 business days of the date that the not-for-profit organization or candidate or other political committee has met the requirements of subsection (a) of this section to the satisfaction of the attorney general.
Section 5. No dues or fees to employee organizations or labor organizations.
Nothing herein shall be construed to require remittances of dues or fees to an employee organization or labor organization.
Section 6. Enforcement.
(a) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under or in connection with this chapter, including, but not limited to, threatening, intimidating, disciplining, discharging, demoting, harassing, reducing an employee’s hours or pay, informing another employer that an employee has engaged in activities protected by this chapter, or discriminating or retaliating against an employee, and or engaging in any other such action that penalizes an employee for, or is reasonably likely to deter an employee from, exercising or attempting to exercise any right protected under this chapter.
(b) The attorney general shall enforce this chapter, and may obtain injunctive or declaratory relief for this purpose. Violation of this chapter shall be subject to paragraphs (1), (2), (4), (6) and (7) of subsection (b) of section 27C of chapter 149 of the General Laws. An employer who has failed to remit an employee’s deduction to a covered organization shall not be entitled to make a subsequent deduction from such employee for the amount of any deduction it has failed to remit.
Section 7. Attorney General’s adoption of rules and regulations.
The attorney general shall adopt rules and regulations necessary to carry out the purpose and provisions of this chapter.
Section 8. Severability.
If any provision of this act or application thereof to any person or circumstances is judged invalid, the invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.
SECTION 5. This act shall take effect January 1, 2025.
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An Act providing for the annual election of members of the Spencer East Brookfield Regional School Committee
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S421
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SD1213
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T11:53:30.727'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-19T11:53:30.7266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S421/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 421) of Anne M. Gobi for legislation to provide for the annual election of members of the Spencer East Brookfield Regional School Committee. Election Laws.
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SECTION 1. Notwithstanding section 14E of chapter 71 of the General Laws, the towns of Spencer and East Brookfield may annually elect members on a municipal election ballot to serve on the school committee of the Spencer East Brookfield Regional School District on the same date as the annual elections in each town; provided, however, that the election of the school committee members shall take place pursuant to the Regional Agreement between the towns of Spencer and East Brookfield; provided further, that if the municipal elections in the towns do not occur on the same date, then the election of the school committee members shall take place at the next biennial state election or next municipal elections in the towns of East Brookfield and Spencer that are held on the same date, whichever occurs sooner.
SECTION 2. Notwithstanding any general or special law, ordinance or charter provision to the contrary, the acts, proceedings and votes taken by the towns of Spencer and East Brookfield at the November 8, 2022 biennial state election, and all actions taken pursuant thereto and in reliance thereon, are hereby ratified, validated and confirmed to the same extent as if towns known as Spencer and East Brookfield had complied with all statutory and other requirements for completion of nomination papers, preparation of ballots, signing and posting the warrant for such election and holding such election.
SECTION 3. This act shall take effect upon its passage.
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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J15', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J15'}, 'Votes': []}, {'Action': 'Place in OD', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H52', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H52'}, 'Votes': []}, {'Action': 'Correctly Drawn', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'H36', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/H36'}, 'Votes': []}]
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An Act supporting parents running for public office
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S422
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SD348
| 193
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{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-13T15:53:09.713'}
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[{'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-13T15:53:09.7133333'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-13T16:00:10.17'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:00:10.17'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-23T09:21:33.69'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-23T09:21:33.69'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T15:41:57.9733333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-02-03T15:57:24.42'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-07T09:25:28.5066667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T09:18:25.2833333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-10T09:10:53.7566667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-14T16:18:33.6533333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-15T15:03:56.9833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-17T16:07:47.7066667'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-21T15:10:59.1133333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-27T11:08:02.3066667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-28T15:13:26.9'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-03-03T11:25:38.9033333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-06T09:58:46.54'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-24T09:20:57.89'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-12T14:53:05.02'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-05-17T11:52:16.01'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-09-22T11:03:41.17'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-10-12T13:40:17.8833333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S422/DocumentHistoryActions
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Bill
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By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 422) of Patricia D. Jehlen, Joan Meschino, Mike Connolly, Jack Patrick Lewis and other members of the General Court for legislation to support working parents who choose to run for public office. Election Laws.
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SECTION 1. Section 1 of chapter 55 of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Candidate’s committee” the following definition:-
“Child-care services,” care services provided to a candidate’s child, including, but not limited to, baby-sitting services by an individual, non-profit or for-profit organizations that provide such services and any other costs directly related to such services that occur as a result of campaign activities; provided, however, that expenses related to child-care services shall not include payments to a family member, as defined in section 1 of chapter 50, of a child, unless the family member owns, operates or is employed by a professional daycare or babysitting service, and the cost of the service is not greater than the family member would otherwise charge.
SECTION 2. Section 6 of said chapter 55, as so appearing, is hereby amended by inserting, after the word “office”, in line 66, the following: -
or expenses relating to the provision of child-care services that would not otherwise exist but for the existence of the campaign.
SECTION 3. The director of campaign and political finance shall promulgate regulations pursuant to section 6 of chapter 55 of the General Laws not later than December 31, 2023.
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An Act protecting elections using risk-limiting audits
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S423
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SD2055
| 193
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{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T09:38:35.497'}
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[{'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-01-20T09:38:35.4966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S423/DocumentHistoryActions
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Bill
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By Mr. Kennedy, a petition (accompanied by bill, Senate, No. 423) of Edward J. Kennedy for legislation to protect elections using risk-limiting audits. Election Laws.
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Chapter 54 of the General Laws is hereby amended by striking out section 109A and inserting in place thereof the following section:-
Section 109A. (a) As used in this section, the following terms shall have the following meanings:
"Audit unit", a precinct, a set of ballots, or a single ballot. A precinct, a set of ballots, or a single ballot may be used as an audit unit for purposes of this section only if:
(i) the relevant vote tabulating device is able to produce a report of the votes cast in the precinct, set of ballots, or single ballot; and
(ii) each ballot is assigned to not more than 1 audit unit.
"Contest", an election for an office or for a ballot question.
"Risk-limiting audit", a manual tally employing a statistical method that ensures a large, predetermined minimum chance of requiring a full manual tally whenever a full manual tally would show an electoral outcome that differs from the outcome reported by the vote tabulating system for the audited contest. A risk-limiting audit shall begin with a hand tally of the votes in 1 or more audit units and shall continue to hand tally votes in additional audit units until there is strong statistical evidence that the electoral outcome is correct. If counting additional audit units does not provide statistical evidence to 95 per cent certainty that the electoral outcome is correct, the audit shall continue until there has been a full manual tally to determine the correct electoral outcome of the audited contest.
"Unofficial final results", election results determined under sections 105 and 105A.
(b) The state secretary, in conjunction with the registrars, shall conduct risk-limiting audits after every regular state primary and biennial state election under this section.
(c) The audit program shall be conducted as follows:
(1) The following contests are subject to a risk-limiting audit if more than 1 candidate's name appears on the ballot: (i) president and vice president, representative in congress, senator in congress, governor, representative in the general court and senator in the general court; and (ii) 1 statewide ballot question, if any appear on the ballot, chosen by random drawing. The state secretary may include other contests if the secretary determines there is a substantial public interest in doing so.
(2) The state secretary shall audit units selected in a random, publicly verifiable, non-computerized drawing supervised by the state secretary within 48 hours after polls are closed. The drawing shall be fully observable to the public and representatives of each political party and shall use a procedure that can be easily understood to be random by members of the public. Notice of the time and place of the drawing shall be given at least 10 days before the election on the website of the state secretary.
(3) The state secretary shall make available to the public a report of the vote tabulating device results for the contest, including the results for each audit unit in the contest, before the random selection of audit units to be manually tallied and before the commencement of the audit.
(4) The state secretary in conjunction with the registrars shall conduct the audit upon tabulation of the unofficial final results.
(5) The state secretary in conjunction with the registrars shall conduct the audit in public view by manually counting the ballots according to regulations adopted by the state secretary.
(d) If a risk-limiting audit of a contest leads to a full manual tally of the ballots cast using the voting system, the vote counts according to that manual tally shall replace the vote counts reported for the purpose of determining the official contest results.
(e) The results of any audits conducted under this section shall be published on the website of the state secretary within 48 hours of being completed. If the audit involved a manual tally of 1 or more entire precincts, then the names and numbers of all precincts audited and a comparison of the vote tabulator results with the hand counts for each precinct shall be published with the audit results on the website.
(f) Any audit required under this section shall not commence for an election subject to a recount under section 135.
(g) The state secretary shall prepare and publish on the secretary’s website a comprehensive report of the results of audits under this section, not later than January 15 after a biennial state election.
(h) The state secretary shall adopt regulations and procedures to carry out this section.
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An Act for political party endorsement reform
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S424
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SD1371
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:04:01.41'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:04:01.41'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S424/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 424) of Vincent Lawrence Dixon for legislation for political party endorsement reform. Election Laws.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the
following new chapter:
Chapter 57A. Political Party Endorsement
Section 1. An Act to permit certain political party organizational reforms, by allowing a cross-endorsement process, by which more than one political party, may endorse the same candidate, and all votes cast for that candidate, may be totaled for that particular individual.
Section 2. Over many years, significant numbers of individuals have desired a greater range of choices for electing public officials, during election periods. This legislation seeks to recognize that an additional choice would be provided, by permitting coalitions of different political designations, and parties, to support, and/or not support, various candidates.
Section 3. Present Massachusetts law requires independent, individual candidates by each political party, and/or independent persons. Votes presently, cannot be counted for a single individual, summed in total. In so doing, political choices are limited to certain definitions, that
limit the ability of coalitions to form, that would improve voter choices.
Section 4. Other states have similar provisions, and have apparently found them to be useful, and appropriate.
Section 5. The Massachusetts Secretary of State, and its Elections Division, being the relevant regulator, and supervisor of elections in Massachusetts, is hereby empowered to establish appropriate regulations, by which all recognized political parties, may cross-endorse
candidates of other parties, by their particular legal political process.
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An Act for primary election reform
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S425
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SD1373
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-19T15:12:47.16'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T15:12:47.16'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S425/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 425) of Vincent Lawrence Dixon for legislation for primary election reform. Election Laws.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the
following new chapter:
An Act for Primary Election Reform.
1.) The regular Primary Election Day for the Commonwealth of Massachusetts, shall be the third Tuesday of May.
2.) It is in the interest of public policy, and fair, informed elections, that the General Election campaign be, and have the opportunity to,
develop over a sustained period of time.
3.) Therefore, the practices of many states, have Primaries before the Summer Season, and General Elections in the Fall Season, and this is the intent of this legislation, hoping that it may increase turnout, and public engagement, in both the primaries, and general elections.
4.) The Secretary of the Commonwealth, as the Chief Election Officer, shall have the full powers to establish such needed rules, and regulations regarding all elections, as is normal practice, that will apply to this May Primary Election Day; including Absentee Ballots,
Early Voting, Mail-In, and other appropriate provisions.
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An Act to improve the fairness, and public transparency of all individuals, who may have, and/or intersect, with election officials, in the commonwealth of Massachusetts
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S426
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SD1964
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T11:14:54.17'}
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[{'Id': None, 'Name': 'Vincent Lawrence Dixon', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T11:14:54.17'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S426/DocumentHistoryActions
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Bill
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By Mr. Lewis (by request), a petition (accompanied by bill, Senate, No. 426) of Vincent Lawrence Dixon for legislation to improve the fairness, and public transparency of all individuals, who may have, and/or intersect, with election officials, in the commonwealth of Massachusetts. Election Laws.
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SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
Election Integrity Qualifications Improvement Act
PURPOSE – It being within the competence, and purposes of The Constitution of Massachusetts, and the laws of The Commonwealth, to accomplish many suitable legal purposes, including the process, and decision making of elections, in such manner, as to provide integrity, transparency, and the following of appropriate qualifications, for the various, and several offices, that may be placed on the ballot, this legislation is established to improve such standards.
While members of political parties, are nominally members, by choice, of quasi-private organizations; insofar as they directly, and indirectly, participate in the process of public, and democratic choice, in our republican system of government, they are performing specific purposes of public law, and purpose.
Further, in the performance of their activities, some such individuals, often participate formally, and/or informally, in the selection of specific public officials, who are compensated as public employees, to conduct the honest, and efficient performance of elections.
SECTION 2. Therefore, it is in the public interest, for such individuals, to have improved qualifications, that will further improve the commitment of political, and electoral officials, and the confidence of voters, and the effectiveness of those operations.
All such persons, as are elected to be members of Massachusetts political party State Committees, and members of city ward committees, city committees, and town committees, shall be sworn, or affirmed, into their political party offices, by conventional legal oath, or affirmation, as to their solemn acceptance of following the Constitution, and Laws, faithfully; including respect, following, and carrying out of all electoral laws, and regulations.
Such individuals, shall have the Oath, or Affirmation Of Office, delivered, at their Organizing Meeting, after their election, having been on a public ballot; by the appropriate local official, be they the City Clerk, the Town Clerk, or by another designated official, clearly responsible to such Clerks, such as the Chair of an Election Commission, or Board of Registrars of Voters.
The City Chair, or Town Chair, of a political party, once sworn in, or affirmed, shall be authorized to provide such Oath, or Affirmation, to those individuals subsequently appointed, elected, or otherwise designated, to fill legal vacancies.
A written record, including the signature of those persons taking such Oath, or Affirmation, and the individual administering the oath, shall be established, in a conventional process, as further defined, by appropriate regulations, authorized by the Secretary of State of The Commonwealth of Massachusetts, and may, in fact, accompany conventional records of Organizing Meetings, and names of official members of such political organizations.
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An Act relative to the board of registrars
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S427
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SD2104
| 193
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{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T12:51:19.24'}
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[{'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-01-20T12:51:19.24'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S427/DocumentHistoryActions
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Bill
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By Mr. Lewis, a petition (accompanied by bill, Senate, No. 427) of Jason M. Lewis for legislation relative to the representation on board of registrars. Election Laws.
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Chapter 51, as appearing in the 2020 Official Edition, is hereby amended by striking section 18 and inserting in place thereof the following section:-
Section 18. (a) In no case shall an appointment to the registrars of voters be made so as to cause the board to have more than 2 members from any established political party in the commonwealth, including the city or town clerk.
(b) Subsection (a) shall apply to the makeup of the original registrars of voters and in each succeeding appointment and in filling vacancies of the registrar of voters.
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An Act relative to voting rights restoration
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S428
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SD1037
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T18:54:17.733'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T18:54:17.7333333'}, {'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T12:21:23.92'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-08T16:41:43.6166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T11:53:49.4166667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-04-12T08:44:45.1666667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-18T08:31:55.5066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S428/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 428) of Liz Miranda, Adam Gomez, Mike Connolly and James B. Eldridge for legislation relative to voting rights. Election Laws.
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SECTION 1. Section 1 of chapter 50 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 138 and 139, the following words:- “, except if by reason of a felony conviction”.
SECTION 2. Section 1 of chapter 51 of the General Laws, as so appearing, is hereby amended by striking out, in lines 2 and 3, the following words:- “or incarcerated in a correctional facility due to a felony conviction,”.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to restore voting rights to incarcerated felons, 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 granting the city of Boston the authority to endow legal voting rights in municipal elections for city of Boston residents aged 16 and 17 years old
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S429
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SD1050
| 193
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{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T19:27:52.277'}
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[{'Id': 'L M0', 'Name': 'Liz Miranda', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L%20M0', 'ResponseDate': '2023-01-18T19:27:52.2766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S429/DocumentHistoryActions
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Bill
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By Ms. Miranda, a petition (accompanied by bill, Senate, No. 429) of Liz Miranda (with the approval of the mayor and city council) for legislation to grant the city of Boston the authority to endow legal voting rights in municipal elections for city of Boston residents aged 16 and 17 years old. Election Laws. [Local Approval Received.]
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SECTION 1. Notwithstanding the provisions of section 1 of chapter 51 of the General Laws or any other general or special law, rule or regulation to the contrary, any individual aged 16 or 17 years old residing in the City of Boston, who is ineligible to vote due to age under state law, but who is otherwise eligible to vote under state law, may upon application have their names entered on a list of voters established by the board of election commissioners for the City of Boston. Such individuals on the list of voters may vote in any election for local offices and local ballot questions in accordance with this Act. For the purposes of this Act, "local voters" are anyone who is eligible to vote pursuant to this Act in a local election or upon a local ballot question in the City of Boston.
SECTION 2. Said board of election commissioners shall establish a separate registration list for local voters who shall fill out an alternative registration form. Upon turning eighteen, each local voter shall be taken off the separate list and notified that he or she must register as a regular voter in accordance with state law, regulations, and guidelines, in order to be eligible to vote. Said board shall create and print, at the city of Boston's expense, the special registration form needed for the purpose of registering local voters.
SECTION 3. Said board is hereby authorized to promulgate regulations, guidelines and forms to implement the purpose of this act.
SECTION 4. If a local ballot question appears on a state election ballot, the board shall print a separate ballot for the local ballot question at the expense of the City of Boston.
SECTION 5. The City of Boston is hereby authorized to pass ordinances to implement the purpose of this act subject to all the provisions of the Boston city charter.
SECTION 6. Nothing in this act shall be construed to confer upon local voters the right to vote for any state or federal office or any state or federal ballot questions.
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[{'Description': 'SD1050 -- Boston', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=16101&title=SD1050%20--%20Boston'}]
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An Act regarding raw milk
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S43
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SD94
| 193
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{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:02:10.997'}
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[{'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-01-10T15:02:10.9966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-04-12T09:37:08.8566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-21T11:57:45.49'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-25T09:15:26.9633333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S43/DocumentHistoryActions
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Bill
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By Ms. Gobi, a petition (accompanied by bill, Senate, No. 43) of Anne M. Gobi for legislation relative to raw milk. Agriculture.
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SECTION 3. Said chapter 94 of the General Laws, is hereby amended by inserting after section 13 the following section:-
Section 13 A ½. (a) Licensed raw milk farmers shall be allowed to deliver raw milk directly to the consumer, off-site from the farm, provided that the raw milk farmer has a direct, contractual relationship with the consumer. The raw milk farmer may contract with a third party for delivery provided that the raw milk farmer shall maintain the contractual relationship with the consumer. The raw milk farmer may deliver raw milk through a community supported agriculture (CSA) delivery system provided that the raw milk farmer shall maintain a contractual relationship with the consumer. Delivery may be made directly to the consumer’s residence or to a pre-established receiving site; said sites shall not be in a retail setting with the exception of CSA delivery. In such instances, raw milk shall be kept separated from retail items for sale and will not be accessible to the general public.
(b) Raw milk farmers may sell raw milk from their farm stands even if not contiguous to their raw milk dairy and shall comply with section 3 of chapter 40 of the General Laws.
(c) The department of agricultural resources shall adopt and promulgate reasonable rules and regulations governing the handling, packaging, storage, testing, and transportation of raw milk, provided that non-mechanical refrigeration shall be permitted.
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An Act to limit political spending by foreign-influenced corporations
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S430
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SD2219
| 193
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{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T09:36:00.82'}
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[{'Id': 'MCM0', 'Name': 'Mark C. Montigny', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCM0', 'ResponseDate': '2023-01-17T09:36:00.82'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S430/DocumentHistoryActions
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Bill
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By Mr. Montigny, a petition (accompanied by bill, Senate, No. 430) of Mark C. Montigny for legislation to limit political spending by foreign-influenced corporations. Election Laws.
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SECTION 1. Section 1 of Chapter 55 is hereby amended by inserting the following definitions:-
“Chief executive officer”, the highest-ranking officer or decision-making individual with authority over the corporation’s affairs.
“Corporation”, a for-profit corporation, company, limited liability company, limited partnership, business trust, business association, or other similar for-profit entity.
“Foreign-influenced corporation”, a corporation for which at least one of the following conditions is met: (1) a single foreign owner holds, owns, controls, or otherwise has direct or indirect beneficial ownership of one percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation; (2) two or more foreign owners, in aggregate, hold, own, control, or otherwise have direct or indirect beneficial ownership of five percent or more of the total equity, outstanding voting shares, membership units, or other applicable ownership interests of the corporation; or (3) a foreign owner participates directly or indirectly in the corporation’s decision-making process with respect to the corporation’s political activities in the United States.
“Foreign investor”, a person or entity that (1) holds, owns, controls, or otherwise has direct or indirect beneficial ownership of equity, outstanding voting shares, membership units, or other applicable ownership interests of a corporation, and (2) is a government of a foreign country, or a foreign political party, or a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country, or an individual outside the United States who is not a citizen of the United States or a national of the United States and who is not lawfully admitted for permanent residence.
“Foreign owner”, (1) a foreign investor or (2) a corporation wherein a foreign investor holds, owns, controls, or otherwise has directly or indirectly acquired a beneficial ownership of equity or voting shares in an amount that is equal to or greater than 50 percent of the total equity or outstanding voting shares.
SECTION 2. Section 8 of said Chapter 55 is hereby amended by inserting after the second paragraph the following new paragraphs:--
No foreign-influenced corporation shall make an independent expenditure, or an electioneering communication expenditure, or a contribution to an independent expenditure PAC as defined in Section 18A, or a contribution to a ballot question committee, or an expenditure for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment, or other question submitted to the voters.
Any corporation that makes an independent expenditure, or an electioneering communication expenditure, or a contribution to an independent expenditure PAC as defined in section 18A, or a contribution to a ballot question committee, or an expenditure for the purpose of promoting or opposing a charter change, referendum question, constitutional amendment, or other question submitted to the voters, shall, within 7 business days after making such expenditure or contribution, file with the director, a statement of certification, signed by the chief executive officer under penalty of perjury, avowing that, after due inquiry, the corporation was not a foreign-influenced corporation on the date such expenditure or contribution was made.
SECTION 3. Section 18G of Chapter 55 is further amended by inserting after the second sentence of paragraph two the following:--
Unless the individual, corporation, group, association, labor union or other entity making the independent expenditure or electioneering communication has received a statement of certification from each person or entity required to be listed in the top contributors, avowing under penalty of perjury that none of the funds used to make each such person or entity’s contribution were derived from foreign-influenced corporations, the advertisement or communication shall also include the statement: “Some of the funds used to pay for this message may have been provided by foreign-influenced corporations.” The individual, corporation, group, association, labor union or other entity making the independent expenditure or electioneering communication shall be entitled to rely on such a statement of certification provided by the contributor, unless the individual, corporation, group, association, labor union or other entity has actual knowledge that such certification is false.
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An Act relative to youth voter engagement
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S431
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SD306
| 193
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{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:48:28.443'}
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[{'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-01-12T16:48:28.4433333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-07-20T11:39:09.0266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S431/DocumentHistoryActions
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Bill
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By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 431) of Patrick M. O'Connor for legislation relative to youth voter engagement. Election Laws.
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SECTION 1. Section 1 of chapter 51 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the first sentence the following sentence:- Every pre-registrant registered under section 47A, who is 17 years of age may vote pursuant to section 47A.
SECTION 2. Section 47A of said chapter 51, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Subsequent to such pre-registration, a pre-registrant who is 17 years of age, when pre-registered as provided in this section, shall be eligible to vote at any preliminary or primary election to be held if they shall be the age of 18 years at the time of the subsequent special or general election and no other pre-registrant shall be allowed to vote until the pre-registrant obtains full age unless otherwise permitted by law.
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An Act to ensure a complete, accurate, and equitable census count
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S432
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SD366
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:42:10.593'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T16:42:10.5933333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S432/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 432) of Rebecca L. Rausch for legislation relative to ensure a complete, accurate, and equitable census count. Election Laws.
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SECTION 1. The General Laws are hereby amended by inserting after Chapter 57 the following new chapter:-
Chapter 57A – Census Equity and Accuracy
Section 1. Definitions
For purposes of this chapter, the following words shall have the following meanings:
(a) Census day, the day by which residents in the United States must be counted, as set forth in title 13 of the United States Code.
(b) Commission, the Massachusetts Census Equity Commission.
(c) Persons experiencing homelessness, individuals who lack, or are perceived to lack, a fixed, regular, and adequate nighttime residence. Persons experiencing homelessness includes, but is not limited to, persons who:
(1) share the housing of other persons due to loss of housing, economic hardship or a similar reason;
(2) live in motels, hotels, trailer parks or campgrounds due to the lack of fixed, regular, and adequate nighttime residence;
(3) live in emergency or transitional shelters;
(4) are abandoned in hospitals;
(5) are awaiting foster care placement;
(6) have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
(7) live in cars, parks, public spaces, abandoned buildings, bus or train stations or similar settings; or
(8) are transient and otherwise experiencing homelessness as described in this subsection.
(d) Undercounted communities, groups of residents of the commonwealth who are traditionally undercounted in census implementations, including but not limited to:
(1) communities of color;
(2) immigrants, regardless of documentation;
(3) individuals of all gender identities, gender presentations, and sexual orientations;
(4) individuals with incomes under 200% of the federal poverty line;
(5) persons experiencing homeless;
(6) individuals with disabilities;
(7) individuals who are veterans;
(8) individuals under the age of 16 years;
(9) individuals for whom English is not their first language;
(10) residents of rural communities; and
(11) residents of subsidized housing.
Section 2. Massachusetts Census Equity Commission
(a) There is hereby established, within the Office of the Secretary of State, the Massachusetts Census Equity Commission. The purpose of the commission shall be to ensure that Massachusetts censuses accurately and completely count all residents of the Commonwealth, with particular focus on undercounted communities.
(b) The commission shall consist of twenty-nine members, as follows:
(1) the secretary of state, or designee, who shall serve as chair;
(2) the attorney general, or designee;
(3) the Senate chair of the committee on election laws, or designee;
(4) the House chair of the committee on redistricting, or designee;
(5) the Senate minority leader, or designee;
(6) the House minority leader, or designee;
(7) a Senate member of the Black and Latino Legislative Caucus, or designee;
(8) a House member of the Asian Legislative Caucus, or designee;
(9) the commissioner of the department of elementary and secondary education (DESE), or designee;
(10) the commissioner of the office of refugees and immigrants (ORI), or designee;
(11) a member of the Boston city council, selected by majority vote of the council, or designee;
(12) a member of the Worcester city council, selected by majority vote of the council, or designee;
(13) a member of the Springfield city council, selected by majority vote of the council, or designee;
14) a member of the Lowell city council, selected by majority vote of the council, or designee;
(15) a member of the New Bedford city council, selected by majority vote of the council, or designee;
(16) a member of the Barnstable town council, selected by majority vote of the council, or designee;
(17) a member of the Greenfield town council, selected by majority vote of the council, or designee;
(18) the executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA);
(19) a representative of the Grove Hall Safe Neighborhood Initiative;
(20) the executive director of the Massachusetts Coalition for the Homeless;
(21) four members who shall be residents of the Commonwealth and appointed by the Speaker of the House, ensuring diverse geographic, cultural, ethnic, racial, and gender representation on the commission:
(a) two members who represent faith communities of color in the commonwealth;
(b) one member who represents minority and women-owned businesses in the commonwealth; and
(c) one member of the Wampanoag tribe; and
(22) five members who shall be residents of the Commonwealth and appointed by the Senate president, ensuring diverse geographic, cultural, ethnic, racial, and gender representation on the commission:
(a) one member who represents youth in the commonwealth;
b) one member who represents the elderly;
(c) one veteran;
(d) one member who represents the community of persons with disabilities; and
(e) one member who represents tenants and renters.
Section 3. Census outreach programs
(a) The commission shall develop and implement census outreach programs to (a) increase awareness of the census, focusing efforts in undercounted communities, (b) educate residents of the commonwealth about the importance of an accurate census count, (c) alleviate concerns about perceived repercussions for participating in the census count, and (d) engage undercounted communities in the census counting process.
(b) The census outreach programs shall take into account barriers to proper counting of all residents of the commonwealth.
(c) The census outreach programs shall include communications to residents of the commonwealth through school-based programs, partnerships with non-profit and community-based programs, and a multi-lingual, multi-media, multi-platform campaign.
(d) For purposes of implementing the census outreach programs, the commission:
(1) may create and appoint working groups as it deems appropriate; and
(2) shall solicit participation from relevant experts and practitioners as necessary to achieve the goals set forth in subsection (a) of this section.
Section 4. Administrative support
The commission shall be coordinated through the office of the secretary of state which shall provide administrative support to the commission and coordinate with state agencies and constitutional officers, as well as units of local government, to identify effective methods of outreach and to provide resources to ensure that outreach programs are successful and all residents are counted.
Section 5. Commission service; staff
(a) Members of the commission shall serve four-year terms, provided that no term shall terminate within the 24-month period prior to a census day or the 6-month period subsequent to a census day.
(b) Members of the commission shall receive no compensation for their services but may be reimbursed for expenses incurred in the course of their service on the commission.
(c) The commission may employ a director and assistant director upon a simple majority vote of the full membership of the commission. The director and assistant director may be compensated from moneys appropriated or available for that purpose.
Section 6. Vacancies
Vacancies the commission shall be filled in like manner as the original appointment.
Section 7. Commission meetings
(a) During the 24-month period prior to a census day, the commission shall meet at least monthly, or more frequently at the call of the chair or by majority vote of the members.
(b) At all times other than the period set forth in subsection (a) of this section, the commission shall meet at least quarterly, or more frequently at the call of the chair or by majority vote of the members.
(c) To the extent practicable, the commission shall rotate meeting locations throughout every region of the commonwealth.
Section 8. Expenditures
The secretary of the commonwealth shall use all reasonable efforts to secure federal funding for implementation of the census outreach programs. At least forty percent of the funds spent implementing the census outreach programs must be spent on undercounted communities.
Section 9. Reports
(a) By June 1 in the odd-numbered year immediately preceding a census day, the commission shall file with the governor, the secretary of the commonwealth, the attorney general, and the general court joint committees on election laws and redistricting, an interim report containing: (1) its proposed census outreach programs to encourage full participation and avoid an undercount in the upcoming decennial census; and (2) any recommendations for regulatory or legislative action necessary to ensure an accurate count of all Massachusetts residents in the upcoming decennial census.
(b) The general court joint committees on election laws and redistricting may, separately or collectively, issue to the commission suggestions for improvements to the proposed census outreach programs contained in the interim report. The committees may, separately or collectively, hold public hearings in advance of preparing and issuing said suggestions. Any suggestions must be issued to the commission by November 1 in the odd-numbered year immediately preceding a census day.
(c) By December 10 in the odd-numbered year immediately preceding a census day, the committee shall file with the governor, the secretary of the commonwealth, the attorney general, and the general court joint committees on election laws and redistricting, a final report containing the census outreach programs to be implemented throughout the commonwealth.
(d) By February 1 in the odd-numbered year immediately subsequent to a census day, the committee shall file with the governor, the secretary of the commonwealth, the attorney general, and the general court joint committees on election laws and redistricting, a post-implementation report containing: (1) a detailed accounting of the census outreach programs implemented for the immediately prior decennial census; (2) an assessment of the perceived levels of success of the components of the census outreach programs; (3) recommendations for improvements in the next census outreach programs, including in the commission’s discretion appropriate recommended legislative or regulatory action; and (4) other notable outcomes of the commission’s work.
(e) The commission may update its post-implementation report as appropriate, in its discretion, until December 31 in the second odd-numbered year subsequent to a census day.
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An Act providing a local option for ranked choice voting in municipal elections
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S433
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SD391
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T18:06:32.787'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-13T18:06:32.7866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:21:20.11'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T20:39:38.4266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:51:15.76'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-28T13:29:57.7433333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-29T16:37:09.2833333'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-03-29T16:37:09.2833333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-11T15:18:18.0266667'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-04-19T14:30:40.3233333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-19T14:30:40.3233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-23T09:48:05.2533333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-23T16:48:33.24'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-23T16:48:33.24'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S433/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 433) of Rebecca L. Rausch, Lydia Edwards, James K. Hawkins, James B. Eldridge and others for legislation to provide a local option for ranked choice voting in municipal elections. Election Laws.
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SECTION 1. Section 44A of chapter 43 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 7, by inserting after the word “inclusive,” the following words:- and section 103R of chapter 54.
SECTION 2: Section 77 of chapter 54 of the General Laws, as so appearing, is hereby amended by striking out the phrase “marking a cross (X) in the square at the right of the name of each candidate for whom he intends to vote” and inserting in place thereof the following phrase:- “marking the ballot in a manner prescribed by the state secretary”.
SECTION 3: Said chapter 54, as so appearing, is hereby further amended by inserting after section 103Q the following section:-
Section 103R. (a) Notwithstanding any other general or special law to the contrary, in any city or town that accepts this section, a local election may be conducted using ranked choice voting in which voters rank the candidates for an office in order of preference. Ranked choice voting elections may be used for elections with a single winning candidate or multiple winning candidates. Ranked choice voting elections shall be tabulated in rounds using the single transferable vote method. Winning thresholds shall be calculated based on the number of countable votes and the number of seats to be filled.
General provisions for a single-winner election and a multiple-winner election shall be specified by ordinance or by-law; provided, however, that a voter’s lower ranked choice shall not impact the likelihood of a voter’s higher ranked choice of being elected. The ordinance or by-law shall be enacted by the municipality’s legislative body and the body shall request the input of the registrar of voters and town clerk or city election commissioners. The ordinance shall specify, at a minimum: (i) the method of calculating the winning threshold; (ii) how candidates with the fewest votes shall be eliminated before a subsequent round of the tally; (iii) how a vote for eliminated candidates shall be transferred to the voter's next valid choice; (iv) how a tie shall be resolved; (v) how a ballot that skipped a ranking or is otherwise mismarked shall be counted; and (vi) how a vote above the winning threshold for a candidate shall be transferred to an alternate choices in a multiple-winner election. Preliminary elections for local offices shall not be held in a city or town that has accepted this section.
(b) This section may be accepted by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.
(c) A city or town that accepts this section shall conduct a voter education and outreach campaign to familiarize voters with ranked choice voting.
(d) The ballot shall not interfere with a voter's ability to rank at least 1 write-in candidate.
(e) Not sooner than 4 years after acceptance of this section, a city or town that has accepted this section may return to its prior voting method by: (i) approval of a ballot measure submitted to the voters by the governing body of the city or town at a regular or special election; (ii) ordinance or by-law; or (iii) charter amendment.
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An Act requiring tax return disclosure to appear on a presidential primary ballot
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S434
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SD617
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T13:54:36.033'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T13:54:36.0333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S434/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 434) of Rebecca L. Rausch for legislation to require tax return disclosure to appear on a presidential primary ballot. Election Laws.
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SECTION 1. Section 28 of chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new paragraph:- The state secretary shall not place on the presidential primary ballot the name of any candidate who has not, at least sixty days in advance of the primary date, made public and readily available the candidate’s federal income tax returns, as defined in section 6103(b)(1) of the United States internal revenue code, for the immediately previous four years. The state secretary may promulgate regulations to implement this paragraph.
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An Act promoting democracy in primary elections
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S435
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SD668
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T16:42:30.21'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T16:42:30.21'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S435/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 435) of Rebecca L. Rausch for legislation to promote democracy in primary elections. Election Laws.
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SECTION 1. Chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 28 and inserting in place thereof the following section:-
Section 28: Primary election dates and locations
(1) (a) State primaries shall be held on the second Tuesday in June in even-numbered years and on the fourth Tuesday preceding special state elections, except that primaries before special elections for senator or representative in congress shall be held on the sixth Tuesday preceding said elections.
(b) If a religious holiday falls on or immediately before the second Tuesday in June in an even-numbered year, the state primary shall be held on a date set by the state secretary within 7 days of the second Tuesday in June.
(2) The state secretary shall publish the date of the state primary not later than February 1 of each even-numbered year by: (i) providing notice of the date to the state parties; (ii) filing notice with the state publications and regulations division; (iii) posting the information on the website of the state secretary; and (iv) any other means necessary to ensure proper notification.
(3) (a) Presidential primaries shall be held on the first Tuesday in March in any year in which presidential electors are to be elected.
(b) Notwithstanding any provision of law to the contrary, any town may hold its preliminary or regular town elections on the same date designated as the date to hold a presidential primary, in any year in which presidential electors are to be elected, provided that such election is by a ballot independent of the ballot used at a presidential primary. City and town primaries before all city and town elections shall be held on the twenty-eighth day preceding such elections.
(4) Except in Boston, primaries shall be held wholly or partly by wards, precincts or towns, as the city or town executive body may designate.
(5) Notwithstanding the provisions of any general or special law, town charter or by-law to the contrary, if the date for holding a preliminary, primary, or town election or annual town meeting falls within thirty days before or after the presidential primary, the town executive body, after consulting the town clerk may, by majority vote, establish a date between February first and May thirty-first for holding such preliminary, primary or town election or annual town meeting. Any preliminary, primary or town election or annual meeting shall be held on the date or dates established and shall be called as provided by sections nine A and ten of chapter thirty-nine.
(6) Notwithstanding the provisions of any general or special law to the contrary, if the date for holding a district election falls within thirty days before or after the presidential primary, the prudential committee, if any, otherwise the commissioners, of the district may, by majority vote, establish a date between February first and May thirty-first for holding such district election. Any district election shall be held on the date established and shall be called as provided by section one hundred and nineteen of chapter forty-one. For the purposes of this section, district shall mean a district created by special law or established under the provisions of a general law.
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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to promote good democracy in primary elections, 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 to modernize the central registry of voters
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S436
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SD670
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T16:50:09.44'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-17T16:50:09.44'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S436/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 436) of Rebecca L. Rausch for legislation to modernize the central registry of voters. Election Laws.
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SECTION 1. Chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph of section 47C in its entirety and inserting in place thereof the following section:-
(a) The secretary of state shall maintain a central registry of voters in accordance with this section.
(b) Information contained in the central registry shall be provided by the registrars or equivalent in the commonwealth’s cities and towns.
(c) The central registry shall contain, without limitation, the following information about each registered voter in the commonwealth:
(1) Full name;
(2) Former name, if any;
(3) Residential address;
(4) Date of birth;
(5) Political party enrollment or designation; and
(6) Effective date of registration.
(d) The central registry may contain, without limitation, the following information about residents of the Commonwealth age 16 and over:
(1) Full name;
(2) Former name, if any;
(3) Residential address on January first in the current year;
(4) Residential address on January first in the preceding year;
(5) Date of birth;
(6) Occupation;
(7) Veteran status; and
(8) Nationality, if not a citizen of the United States.
(e) The central registry shall be digitally maintained using the most advanced applicable technology reasonably available to the state secretary.
(f) The information contained in the central registry pursuant to paragraph (c) shall be:
(1) available to state party committees, statewide candidate committees, state ballot question committees, the jury commissioner, adjutant general and any other individual, agency or entity that the state secretary shall designate by regulation consistent with the purposes of this section, at a fair and reasonable cost not to exceed the cost of printing in hard copy, if requested, or issuing computer-readable data files; and
(2) provided by the state secretary to the election officials at each polling place in the commonwealth in digital format sufficient to allow for designated election officials to conduct real-time searches of the registry and to modify a voter’s registration information upon presentation by the voter of appropriate documentation to justify the modification.
(g) The state secretary shall use all reasonable efforts to secure federal funding to maintain the central registry consistent with the provisions of this section and provide its information as required in paragraph (f)(2).
(h) The state secretary shall adopt regulations governing the operation of the central registry consistent with the provisions of this section.
(i) SECTION 2. The state secretary shall certify compliance with section 23 of chapter 92 of the acts of 2022 and file such certification with the clerks of the senate and house of representatives and the chairs of the joint committee on election laws not later than 10 days after the enactment of this act. If the secretary has failed to comply with said section 23 of chapter 92 of the acts of 2022, he shall instead file a report detailing the specific reasons for such noncompliance, as well as all specific efforts undertaken to achieve compliance in each of the calendar years 2018, 2019, 2020, 2021, and 2022.
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An Act relative to early voting cost reimbursements
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S437
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SD989
| 193
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T17:41:07.153'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-18T17:41:07.1533333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-05-15T09:18:06.61'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S437/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 437) of Rebecca L. Rausch for legislation relative to early voting cost reimbursements. Election Laws.
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SECTION 1. Section 25B of chapter 54 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (q) the following subsection:-
(r) The commonwealth shall pay to each city and town an amount sufficient to defray the mandated costs imposed on the city or town under the provisions of this section, including additional personnel hired to staff the mandated early voting polling location, hourly municipal staff working outside their normal business hours to staff the mandated early voting polling location, overtime for hourly municipal staff working beyond regular hours to set up or take down early voting polling locations, overtime for hourly municipal staff working beyond regular hours to input data into the secretary of state’s Voter Registration Information System, the cost of voting booths, and the cost of privacy screens. In every year not later than September fifteenth, the state auditor shall determine and deliver to the state secretary a statement of the incremental costs attributed to this section and estimated to be incurred by each city and town in the next fiscal year. The state secretary shall include in his budget recommendations for such fiscal year a request for an appropriation in an amount equal to such estimated costs and shall distribute to each city or town its share of any such appropriated funds not more than thirty days prior to the date upon which said costs shall be incurred by the city or town. Funds so distributed to each city or town shall be deposited in the general fund of the city or town and shall be expended without further appropriation by the city or town to meet the costs incurred by it under the provisions of this act.
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An Act ensuring municipal participation of the widest eligible range
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S438
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SD1803
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:08:33.95'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-19T23:08:33.95'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-28T13:28:58.1566667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S438/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 438) of Rebecca L. Rausch and James B. Eldridge for legislation to ensure municipal participation of the widest eligible range. Election Laws.
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Chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 1F the following section:-
Section 1G. Every citizen 16 or 17 years of age who is a resident in the city or town where they claim the right to vote at the time they register and who has complied with the requirements of this chapter shall have their name entered on the list of voters in a city or town accepting this section in the manner provided in section 4 of chapter 4 and may vote therein in any election for officers in such city or town.
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An Act improving voting access and elections infrastructure
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S439
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SD2087
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{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:57:27.59'}
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[{'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-20T12:57:27.59'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-03T17:20:48.6266667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T09:50:16.1333333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S439/DocumentHistoryActions
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Bill
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By Ms. Rausch, a petition (accompanied by bill, Senate, No. 439) of Rebecca L. Rausch, Lydia Edwards and James B. Eldridge for legislation to improve voting access and elections infrastructure. Election Laws.
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SECTION 1. Section 44 of chapter 51 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended, in line 7, by inserting after the words “voter registration” the following words:- . A person registering as a voter may, at the same time, establish their status as a permanent mail voter, as provided in section 25C of chapter 54, by indicating their desire to elect such status on the affidavit of voter registration.
SECTION 2. Section 65 of said chapter 51, as so appearing, is hereby amended by striking out subparagraph (3) of paragraph (d) and inserting in place thereof the following paragraph:-
(3) The registrars shall notify each person under paragraph (1) of the person’s opportunity to: (i) decline to register to vote; (ii) adopt a political party affiliation, in which case the person shall also sign an eligibility requirement acknowledgement and attestation; and (iii) become a permanent mail voter as provided in section 25C of chapter 54. Such notification shall be provided in English and Spanish and any additional languages to be determined by the state secretary. The registrars shall include with such notification a postage guaranteed permanent mail voter status request form, as provided in section 25C of chapter 54.
SECTION 3. Section 28 of chapter 53 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
State primaries shall be held on the second Tuesday in June in even-numbered years and on the fourth Tuesday preceding special state elections, except that primaries before special elections for senator or representative in congress shall be held on the sixth Tuesday preceding said elections. If a religious holiday falls on or immediately before the second Tuesday in June in an even-numbered year, the state primary shall be held on a date set by the general court within seven days of the second Tuesday in June. The state secretary shall publish the date of the state primary not later than February 1 of each even-numbered year by: (i) providing notice of the date to the state parties; (ii) filing notice with the state publications and regulations division; (iii) posting the information on the website of the state secretary; and (iv) any other means necessary to ensure proper notification. Presidential primaries shall be held on the first Tuesday in March in any year in which presidential electors are to be elected. Notwithstanding any provision of law to the contrary, any town may hold its preliminary or regular town elections on the same date designated as the date to hold a presidential primary, in any year in which presidential electors are to be elected, or a state primary, in any even-numbered year, provided that such election is by a ballot independent of the ballot used for a presidential primary or state primary. City and town primaries before all city and town elections shall be held on the 28th day preceding such elections.
SECTION 4. Section 24 of chapter 54 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “aldermen” each time it appears and inserting in place thereof the words:- city council.
SECTION 5. Said section 24 of chapter 54, as so appearing, is hereby further amended by striking out the word “selectmen” each time it appears and inserting in place thereof the words:- select board or town council.
SECTION 6. Said section 24 of chapter 54, as so appearing, is hereby further amended by adding the following sentence:- The board of election commissioners in the city of Boston, the city council in any other city or the select board or town council in any town shall designate at least one polling place located within one mile of any public or private institution of higher education located within the geographical limits of the city or town, including without limitation any community college as defined in section 10 of chapter 15A.
SECTION 7. Section 25B of said chapter 54, as so appearing and as amended by chapter 92 of the acts of 2022, is hereby amended in paragraph (a)(2) by striking out the words “during the calendar year” and inserting in place thereof the following words:- for a single calendar year or permanently. Any qualified voter may become a permanent mail voter by: (i) filing with the state secretary a permanent mail voter status request in a form prescribed by the secretary and made available in paper and electronic formats; (ii) indicating their request to establish permanent mail voter status on an affidavit of registration as provided in section 44 of chapter 51; or (iii) opting into permanent mail voter status using the secure online portal provided by the state secretary pursuant to this section. A permanent mail voter who is not enrolled in a political party may select their desired political party primary ballot using the secure online portal provided by the state secretary pursuant to paragraph (d); provided, however, that a permanent mail voter who is not enrolled in a political party will not receive a primary ballot by mail unless such selection is made.
SECTION 8. Said section 25B of chapter 54, as so appearing, is hereby further amended in paragraph (a)(6) by inserting after the word “(4)” the following words:- . The voter shall also be able to establish or terminate their status as a permanent mail voter and select a desired political party primary ballot, if the voter is not enrolled in a political party.
SECTION 9. Said section 25B of chapter 54, as so appearing, is hereby further amended in paragraph (a)(7)(i) by striking out the words “or (B)” and inserting in place thereof the following words:- (B) each annual or special municipal or state primary or election for which they remain qualified to vote; or (C).
SECTION 10. Said section 25B of chapter 54, as so appearing, is hereby further amended in paragraph (a)(13) by striking out the second paragraph and inserting in place thereof the following paragraph:-
All early voting ballots delivered in person to the office of the city or town clerk, returned to a secured municipal drop box for the city or town where the voter is registered or returned electronically pursuant to the accommodations granted to a voter by reason of disability under paragraph (4) shall be received by the city or town clerk before the hour fixed for closing the polls on the day of a preliminary, primary, election, or biennial state election. All early voting ballots submitted by mail shall be mailed by the voter on or before the day of a preliminary, primary, election, or biennial state election, accepted until 5:00 p.m. on the fifth day thereafter, and shall be processed in accordance with section 95. A postmark, if legible, shall be evidence of the time of mailing.
SECTION 11. Said section 25B of chapter 54, as so appearing, is hereby further amended in paragraph (a) by inserting the following new paragraphs:-
(15) A voter may terminate their status as a permanent mail voter at any time by: (i) filing with the state secretary a permanent mail voter termination request in a form prescribed by the secretary and made available in paper and electronic formats; or (ii) so indicating using the secure online portal provided by the state secretary pursuant to this section.
(16) Each municipality shall maintain at least 1 secured municipal ballot drop box in a public location that is accessible to voters for not less than 12 hours each day, including business hours. A municipality with more than 25,000 registered voters shall maintain at least 1 secured municipal ballot drop box for each 25,000 registered voters during any voting by mail period. Locations for municipal ballot drop boxes shall be selected by the select board, town council or city council to prioritize, to the extent feasible: (i) proximity to public transportation and availability of parking; (ii) equitable distribution across population centers; (iii) access for persons with disabilities; and (iv) use of public buildings. A municipality shall maintain such ballot drop boxes from the earliest date that ballots become available to voters through the hour fixed for the closing of the polls for any annual or special municipal or state primary or election. A municipality with fewer than 5,000 voters in excess of any 25,000 registered voter increment may apply to the state secretary for waiver of the requirement to maintain an additional secured municipal ballot drop box for such population. The state secretary shall grant a waiver application made under this paragraph upon a determination that the waiver would serve the public interest.
SECTION 12. Paragraph (b) of said section 25B of chapter 54, as so appearing, is hereby repealed.
SECTION 13. Said section 25B of chapter 54, as so appearing, is hereby further amended in paragraph (c)(1) by striking out the first sentence and inserting in place thereof the following sentence:- The select board, board of selectmen, town council or city council of each city and town may vote to authorize early in-person voting for any preliminary, primary or election.
SECTION 14. Section 72 of said chapter 54, as so appearing and as amended by amended by chapter 92 of the Acts of 2022, is hereby amended by striking out the word “shall” and inserting in place thereof the following word:- may.
SECTION 15. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out section 178 and inserting in place thereof the following section:-
Section 178. Paid leave of absence from work for voting.
(a) For purposes of this section, the terms ''employer'' and “employee” shall be defined as in section 1 of chapter 175M.
(b) An employee who is eligible to vote shall be entitled, upon request, to take 2 hours of paid leave to be used for the purpose of casting a ballot in any annual or special municipal or state primary or election. An employee may elect to take their paid voting leave at any point during the early voting period provided in section 25B of chapter 54 or on the date of a preliminary, primary or election.
(c) It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, the right to take paid voting leave under this section as a negative factor in any employment action such as evaluation, promotion, disciplinary action or termination, or otherwise subjecting an employee to discipline for the use of paid voting leave under this section.
SECTION 16. Not later than June 30, 2024, the state secretary shall mail to all registered voters at their residential addresses, or mailing addresses if different from their residential addresses listed in the central registry of voters, a permanent mail voter status request form as provided in section 25B of chapter 54 of the General Laws. The mailing shall: (i) include clear instructions for completing and returning the application; (ii) allow a voter to designate the mailing address to which their ballots shall be sent; and (iii) be pre-addressed to the local election official with postage guaranteed.
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An Act establishing community fridges to address food insecurity
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S44
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SD1836
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{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T10:50:15.153'}
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[{'Id': 'A_G0', 'Name': 'Adam Gomez', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_G0', 'ResponseDate': '2023-01-19T10:50:15.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S44/DocumentHistoryActions
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Bill
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By Mr. Gomez, a petition (accompanied by bill, Senate, No. 44) of Adam Gomez for legislation to establish community fridges to address food insecurity. Agriculture.
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SECTION 1. Section 328 of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fourth paragraph the following new paragraph:-
“Community fridge,” is defined as a working refrigerator in a publicly accessible location in which any person or organization can donate food into or remove food from for the purposes of alleviating food insecurity. Each community fridge shall have a designated manager or managing organization which may include a volunteer, a nonprofit, or a government official designee. This manager is responsible for managing the cleanliness and sanitary condition of the fridge according to the department of public health. The department of public health shall provide advisory guidelines and interpretations for the safe and sanitary storage of such food. The placement of community fridges will be prioritized in areas of high food insecurity, including disproportionately impacted areas and food deserts. If data on food insecurity is unavailable, then placement will be prioritized in low-income areas. Further, community fridges shall be equitably distributed throughout each geographic region of the Commonwealth.
SECTION 2. Section 328 of chapter 94 of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting after the third paragraph the following paragraph:-
No food establishment, as defined in 105 CMR 590 et seq., which distributes or serves food without charge or at a charge sufficient only to cover the cost of handling such food, including open-dated food whose date has passed, shall be liable for civil damages for any injury arising out of the condition of such food; provided, however, that at the time of distribution or serving such food is not misbranded or adulterated or has not been manufactured, processed, prepared, handled or stored in violation of applicable regulations of the department of public health, and provided, further, that such injury is not the result of gross negligence, recklessness or intentional misconduct of the food establishment or any person employed by or under the control of the food establishment.
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An Act to recall elected officials in the town of Manchester-by-the-Sea
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S440
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SD19
| 193
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-09T14:49:17.503'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-09T14:49:17.5033333'}, {'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-09T14:49:17.5166667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S440/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 440) of Bruce E. Tarr and Ann-Margaret Ferrante (by vote of the town) for legislation to recall elected officials in the town of Manchester-by-the-Sea. Election Laws. [Local Approval Received.]
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SECTION 1. Any holder of an office elected solely by the voters of the town of Manchester-by-the-sea may be recalled and removed from the office by the registered voters of the town herein provided, for reason of lack of fitness, incompetence, neglect of duties, corruption, malfeasance, misfeasance or violation of oath.
SECTION 2. Not less than 200 registered voters of the town of Manchester-by-the-Sea may initiate a recall by filing with the town clerk an affidavit of intent to recall, signed under the penalties of perjury, containing the name of the officer and the office held whose recall is sought and a statement of the grounds of recall including specific facts supporting one or more of the reasons in section 1. The town clerk shall immediately forward the recall affidavit to the board of registrars to verify the signatures.
SECTION 3. Within 14 calendar days of receipt of the initial recall affidavit, the board of registrars shall certify to the town clerk a sufficient number of signatures. The town clerk shall, within 3 business days thereafter, deliver to the first 10 signers of the affidavit a formal numbered printed recall petition sheet with the town clerk’s signature and official seal attached thereto. The blanks shall be dated and addressed to the select board, shall contain the name of the person whose recall is sought, the office from which recall is sought and the grounds for recall as stated in the affidavit including specific facts supporting one or more of the reasons in section 1 and shall demand the election of a successor to the office. The names of the first 10 signers of the initial recall affidavit shall be listed above the voter signature lines and any instructions to signers. A copy of the petition shall be entered in a record book to be kept in the office of the town clerk.
SECTION 4. The recall petition shall be returned and filed with the town clerk and board of registrars not later than 5:00pm. 30 calendar days from the date of delivery of the recall petition sheets, or the next business day if the thirtieth day falls on a Saturday, Sunday, or legal holiday. The clerk shall notify the first 10 signers of the final date and hour for filing. The recall petition shall be signed by not less than 20 percent of the registered voters of the town of Manchester-by-the-Sea as of the last annual town election and every signature shall include the place of residence of the signer with the street and number. Within 5 business days following the receipt of the signed petition, the town clerk shall submit the recall petition sheets to the board of registrars and the board of registrars shall certify in writing thereon the number of signatures that are names of registered voters in the town as of the date the petition sheet was filed with the town clerk.
SECTION 5. If the total recall petition sheets shall be found and certified by the board of registrars to be sufficient, the town clerk shall submit the certified petition to the select board within 2 business days. The select board shall immediately, and in not more than 5 business days, give written notice of the receipt of the certificate to the elected officer whose recall is being sought. If the officer sought to be removed does not resign within 3 business days thereafter, the select board shall, within 5 business days of the last day upon which the officer must resign under this Section, order a recall election to be held not less than 64 days nor more than 90 calendar days from the date of the vote scheduling the election; provided, however, that if any other town election is to occur within 100 calendar days after the date of the vote, the select board may, in its discretion, place the question of recall on the ballot at such other election. If a vacancy occurs in the office sought to be recalled after a recall election has been ordered, but not yet been conducted, the election shall nevertheless proceed as provided in this act.
SECTION 6. An officer sought to be removed may be a candidate to succeed himself in an election to be held to fill the vacancy. The nomination of all candidates, the publication of the warrant for the recall election, and the conduct of the same shall be in an accordance with the provisions of law relating to elections.
SECTION 7. The incumbent shall continue to perform the duties of the office until the recall election unless the incumbent resigns. If the incumbent is not recalled, the incumbent shall remain in office for the remainder of the incumbent’s unexpired term, subject to recall as before. If recalled in the recall election, the incumbent shall be considered removed from office immediately. The Successor, upon qualification, shall hold office during the unexpired term; provided, however, that if such person is not qualified within 10 business days of the recall election, the position shall be deemed vacant and may be filled in accordance with the applicable law.
SECTION 8. Ballots used in a recall election shall contain the following question: Shall (insert name and office) be recalled from office? Immediately at the right of the proposition, there shall be a designated place for the voters to vote for or against the question.
Under the proposition shall appear the word “CANDIDATES” with directions to the voters as required by section 42 of chapter 54 of the General Laws. Beneath this, listed alphabetically, shall appear the names of the candidates nominated as provided by law.
If a majority of the votes cast on the recall question is in favor of the recall, the elected official shall be recalled and the ballots for the candidate shall be counted. The candidate who received the higher number of votes shall be elected to the office. If a majority of the votes cast on the recall question is in the negative the votes for candidates to fill the potential vacancy need not be counted.
SECTION 9. An initial recall affidavit shall not be filed against an elected official within 3 months after the official has taken office nor, in the case of an officer subjected to a recall election and not recalled thereby, until at least 3 months have elapsed after the election which the recall was submitted to the voters.
SECTION 10. A person who has been recalled from office, or who has resigned from office after the recall petition has been filed with the board of registrars shall not be appointed to any town office, board or committee within 3 years after the recall or resignation.
SECTION 11. This act shall take effect upon its passage.
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[{'Description': 'SD19 -- Manchester BTS', 'DownloadUrl': 'http://malegislature.gov/api/DownloadReport?attachmentId=14899&title=SD19%20--%20Manchester%20BTS'}]
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An Act to fairly fund early voting
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S441
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SD119
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{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:36:00.1'}
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[{'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-01-10T16:36:00.1'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S441/DocumentHistoryActions
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Bill
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By Mr. Tarr, a petition (accompanied by bill, Senate, No. 441) of Bruce E. Tarr for legislation to fairly fund early voting. Election Laws.
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SECTION 1. Section 25B of Chapter 54 of the General Laws is hereby amended by inserting at the end thereof the following new subsection:-
“(r) The Commonwealth shall reimburse each city and town to the full extent of the amounts expended for mandated early voting procedures and operations. The state treasurer shall annually, on or before July 1st of the year following the election for which reimbursement is being sought, pay to cities and towns, the sums required for such reimbursement and approved by the secretary of state pursuant to section 2 herein. Each city and town may establish an Early Voting Reimbursement Fund. Reimbursements made by the commonwealth pursuant to this section may be deposited into the fund and may carry forward for 1 fiscal year.”
SECTION 2. Section 25B of Chapter 54 of the General Laws is hereby amended by inserting in subsection (o) the following at the end thereof:- “including the means to seek, process and approve reimbursement subject to subsection (r)”.
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Resolve relative to preventing the discharge of radioactive materials
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S442
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SD1721
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:38:16.653'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:38:16.6533333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-15T16:59:36.1866667'}, {'Id': 'PWM0', 'Name': 'Paul W. Mark', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PWM0', 'ResponseDate': '2023-03-10T15:27:55.1333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-03-16T15:51:34.4166667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-03-30T10:13:40.94'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-04-13T13:59:58.0966667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-05-22T09:38:17.97'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-06-14T12:47:14.7966667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S442/DocumentHistoryActions
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Resolve
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By Ms. Moran, a petition (accompanied by resolve, Senate, No. 442) of Susan L. Moran and Michael O. Moore that provisions be made for an investigation and study by a special commission (including members of the General Court) relative to examining the potential negative environmental and economic impacts caused by the discharge of radioactive materials. Emergency Preparedness and Management.
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Resolved, (a) There shall be a special commission to examine the potential negative environmental and economic impacts caused by the discharge of spent fuel pool water, any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity, including, but not limited to, tritium or boron, associated with the decommissioning of the any nuclear power plant, into the waters of the commonwealth. Waters of the commonwealth shall include all waters under the jurisdiction of the division of marine fisheries, including bays, coastal waters, canals, rivers and streams.
(b) The commission shall consist of: the attorney general or designee, who shall serve as co-chair; the governor or a designee; the secretary of the executive office of energy and environmental affairs or a designee, who shall serve as co-chair; the senate president or a designee; the speaker of the house or a designee; the senate minority leader or a designee; the house minority leader or a designee; the chairs of the joint committee on the environment, natural resources and agriculture or their designees; the commissioner of the department of environmental protection or a designee; the commissioner of the department of public health or a designee; the executive director of the office of travel and tourism or a designee; and the director of the division of marine fisheries or a designee.
(c) The commission shall: (i) examine and investigate the potential environmental and economic impacts, including impacts to consumer perception of the discharge spent fuel wastewater on the fishing, aquaculture, tourism, restaurant industries and other sectors deemed appropriate by the commission; and (ii) make recommendations on measures to mitigate or avoid potential negative impacts on such industries.
(d) The commission shall hold not less than 4 listening sessions, with not less than 1 listening session in the following counties: Dukes, Plymouth, Bristol and Barnstable; provided, however, that upon the completion of its report under this section, the commission shall provide a public presentation in said counties. Not later than November 1, 2025, the commission shall file a report on the results of its study with the clerks of the senate and the house of representatives, the joint committee on environment, natural resources and agriculture, the joint committee on public health, the joint committee on tourism, arts and cultural development, the joint committee on economic development and emerging technologies and the senate and house committees on ways and means.
(e) There shall be no discharge of spent fuel pool water, any materials created as a waste product of nuclear energy from spent fuel pools, including, but not limited to, processed water or any other liquid with elevated levels of radioactivity, including, but not limited to, tritium or boron into the waters of the commonwealth until 90 days after the issuance of the commission’s report.
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An Act to combat disposable plastic straw waste
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S443
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SD1423
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{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:59:02.347'}
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[{'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-19T15:59:02.3466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S443/DocumentHistoryActions
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Bill
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By Mr. Barrett, a petition (accompanied by bill, Senate, No. 443) of Michael J. Barrett for legislation to reduce disposable plastic straw waste. Environment and Natural Resources.
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SECTION 1. Chapter 140 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 6B the following section:-
Section 6C. (a) As used in this section, the following terms shall have the following meanings:
“Biodegradable materials”, compostable materials such as wood, paper, bagasse or other cellulose fiber composite. Materials composed of biologically based polymers that do not reliably biodegrade in aquatic environments are not considered biodegradable.
“Consumer”, a person receiving food or beverages from a food service establishment.
“Department”, the Department of Environmental Protection.
“Food service establishment”, an operation that stores, prepares, serves, vends or otherwise provides food for human consumption. Food service establishments include without limitations full-service restaurants, food trucks, self-service food establishments and fast-food establishments.
“Single-use plastic straw”, a single-use, disposable drinking straw made of plastic derived from petroleum-based polymers or non-biodegradable biological polymer. A single-use plastic straw does not include reusable drinking straws or straws made from biodegradable material.
“Reusable straw”, a drinking straw that can be appropriately cleaned and sanitized for customer reuse.
(b) A food service establishment may not provide a single-use plastic straw unless requested by a consumer or selected by the consumer from a self-service dispenser.
(c) The department shall promulgate regulations with regard to the enforcement of this chapter.
SECTION 2. This act shall go into effect on January 2, 2025.
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An Act to restrict the use of pesticides around children
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S444
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SD199
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{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T11:00:45.95'}
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[{'Id': 'WNB0', 'Name': 'William N. Brownsberger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WNB0', 'ResponseDate': '2023-01-12T11:00:45.95'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S444/DocumentHistoryActions
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Bill
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By Mr. Brownsberger, a petition (accompanied by bill, Senate, No. 444) of William N. Brownsberger for legislation to restrict the use of certain pesticides around children. Environment and Natural Resources.
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SECTION 1. Section 6C of Chapter 132B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “center”, in lines 3, 6 and 10, each time it appears, the following words:- , property occupied by the department of children and families, facilities of the juvenile court, facilities of the department of youth services, sports fields for town youth teams.
SECTION 2. Said Section 6C of said Chapter 132B, as so appearing, is hereby further amended by inserting after the word “program”, in lines 3, 7 and 11, each time it appears, the following words:- or on properties within 150 feet thereof, including abutters.
SECTION 3. Said Section 6C of said Chapter 132B, as so appearing, is hereby further amended by inserting after the word “school”, in line 11 and line 27, the following words:- or department.
SECTION 4. Said Section 6C of said Chapter 132B, as so appearing, is hereby further amended by adding the following new subsection:-
(d) This section shall apply regardless of what entity hires a party to spray, release, deposit or apply pesticides. This section shall apply whether a hiring entity is a public or private owner of real property, a management company for real property, or any other person or legal entity.
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An Act establishing an ecologically-based mosquito management program in the Commonwealth to protect public health
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S445
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SD279
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:59:05.813'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T11:59:05.8133333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-23T22:31:07.94'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T08:54:01.0166667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T20:06:17.7466667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S445/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 445) of Joanne M. Comerford and James K. Hawkins for legislation to establish an ecologically-based mosquito management program in the Commonwealth to protect public health. Environment and Natural Resources.
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SECTION 1. Section 2 of chapter 21A of the General Laws is hereby amended by inserting after paragraph 30 the following paragraph:-
(31) consistent with their statutory responsibilities, implement the ecologically-based mosquito management program established pursuant to Chapter 252A.
SECTION 2. Chapter 252 of the General Laws is hereby repealed.
SECTION 3. The General Laws are hereby amended by inserting after chapter 251 the following chapter:
CHAPTER 252A.
ECOLOGICALLY-BASED MOSQUITO MANAGEMENT.
Section 1. As used in the chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Adulticiding”, the use of pesticides intended to kill adult mosquitoes.
“Biodiversity survey”, an accounting of the diversity, evenness, and richness of species relevant to mosquito management in a given area.
“Board”, the mosquito management board under section 4.
“Breeding history”, the level of larval and adult mosquito abundance in a given area.
“Council”, the governing body of a mosquito management district under section 7.
“Disease vector”, any species of mosquito which contributes to the amplification or transmission of any disease, including Eastern Equine Encephalitis or West Nile Virus, among human or non-human populations by injection of salivary gland fluid during biting.
“District”, a mosquito management district under section 7.
“Ecologically-based mosquito management” or EBMM, an ecologically sustainable approach to the management of mosquito populations combining cultural, physical, biological, and, when strictly necessary to protect public health, least-toxic chemical control strategies. EBMM prioritizes preventative measures, including surveillance, monitoring, and public education on eliminating breeding sites and taking personal protective action. EBMM involves the selection, integration, and implementation of mosquito control strategies based on predicted ecological, epidemiological, and economic consequences. EBMM seeks maximum use of naturally occurring mosquito controls, including weather, disease agents, predators, and parasitoids. In addition, EBMM utilizes various biological and physical controls and habitat modification techniques. Under EBMM, chemical controls are imposed as a last resort and only as required to keep a pest from surpassing tolerable population levels predetermined from accurate assessments of the ecological, public health, and economic costs of the control measures.
“Ecologically-based mosquito management plan” the long term plans developed by the mosquito management board and councils under sections 5 and 8.
“EEE”, Eastern Equine Encephalitis.
“Habitat manipulation”, an approach to reducing mosquito abundance by naturally altering the landscape. Habitat manipulation aims to create unfavorable conditions for mosquito populations, and favorable conditions for mosquito predators.
“Habitat quality”, the ability of the environment to provide conditions appropriate for the persistence of mosquito predators at the individual and population level.
“Larviciding”, the use of pesticides intended to kill larval or pupal mosquitoes.
“Low impact development”, development that incorporates best management practices to reduce impervious surfaces; preserve natural vegetation, soils, and hydrology; and reduce stormwater volumes and pollution. Low impact development practices include, but are not limited to, project designs that reduce the amount of impervious cover and retain natural drainage patterns. Low impact development practices are designed to infiltrate water into the ground or disperse it slowly through vegetation, avoiding ponding or other water retention that may create mosquito habitat.
“Nuisance”, mosquitoes which may cause irritation or discomfort to humans, but do not pose and are not expected in the immediately predictable future to pose a significant risk to public health.
“Pesticide”, a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; provided, that the term “pesticide” shall not include any article that is a “new animal drug” within the meaning of section 201(w) of the federal food, drug and cosmetic act (21 U.S.C. Section 321 (v)), or that has been determined by the secretary of the United States Department of Health and Human Services to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such act (21 U.S.C. Section 321(w)).
“PFAS”, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
“Secretary”, the secretary of the executive office of energy and environmental affairs.
“Sentinel species”, an animal species that may contract an arbovirus before the arbovirus spreads to the human population, or a species in which an arbovirus outbreak may be more widespread than it is in the human population. A sentinel species may serve as an indicator of the presence of the arbovirus in area mosquito populations.
“Source reduction”, a method of managing mosquitoes that relies on reducing or eliminating the ability of larval habitats to support the development of larvae, including removal of artificial sources of standing, stagnant water or the restoration of natural flows and wetland systems to improve access by predators, water quality, and overall aquatic health.
“Wetlands or wildlife ecologist”, an expert with a master’s or doctorate degree in wetland ecology, wildlife ecology, or a closely related field of ecological study.
Section 2. When it is necessary for the purpose of protecting public health or for other purposes to control or abate mosquitoes or greenhead flies, measures shall be taken as specified in this chapter. Nothing in this chapter shall prohibit a municipality from conducting its own mosquito or greenhead fly management program, except that no municipality shall conduct aerial spraying of adulticides or larvicides. Nothing in this chapter shall prohibit any resident from controlling or abating mosquitos or greenhead flies on his or her property.
Section 3. There is hereby established within the executive office of energy and environmental affairs a mosquito management office that shall be administered by the secretary. The secretary shall appoint all necessary employees within the mosquito management office, except as may be otherwise provided by law. The secretary shall direct the mosquito management office, consistent with state law and policies and directives of the board, to adopt, and from time to time amend, rules, regulations, procedures, standards, guidelines, and policies that shall constitute the Massachusetts ecologically-based mosquito management program.
Section 4. (a) There shall be in the mosquito management office a mosquito management board. The function of the board shall be to regulate and oversee all disease vector mosquito and related nuisance organism management activities in the commonwealth; to prepare an ecologically-based mosquito management plan and a state emergency arbovirus response plan; to review and certify ecologically-based mosquito management plans submitted by councils; to create policies and procedures for ecologically-based mosquito management to control vector-borne diseases; to authorize and carry out investigations and keep records; to carry out mosquito management programs in areas of the commonwealth outside of any mosquito management district; and to develop policies and procedures to insure that all mosquito management activities comply with the intent of section 5 of chapter 40; sections 1 through 63, inclusive, of chapter 91; section 105 of chapter 130 and sections 40 and 40A of chapter 131 as applicable; provided, however, the usual and customary activities associated with the state emergency arbovirus response plan or the ecologically based mosquito management plan of the state or of a council, as certified, shall not require filings or hearings under section 40 of chapter 131, but rather simple notice to the conservation commission of a municipality of proposed actions in any regulated wetland; and to carry out all other powers and functions granted to the board by this chapter.
(b) The board shall consist of
(1) the following members or their designees: the commissioner of the department of environmental protection, who shall serve as chair; the commissioner of the department of public health; the commissioner of the department of agricultural resources; the commissioner of the department of fish and game; the director of the natural heritage and endangered species program of the division of fisheries and wildlife; and the director of the division of ecological restoration of the department of fish and game.
(2) the following 5 members designated by the secretary: one person representing a statewide land conservation organization or a regional or statewide river protection organization; one person representing beekeepers; one person representing groups concerned about native pollinators; an expert in pesticides and mosquito control and an ecological risk assessor with a background in ecotoxicology. Each of these five designated members shall be designated for a term of four years, except for persons designated to fill vacancies, who shall serve for the unexpired term. Any member appointed under this clause shall be eligible for reappointment, so long as no specific member shall serve for more than 2 terms.
(c) The board members shall receive no additional compensation for service on the board, but shall be entitled to their reasonable traveling and other expenses incurred in the performance of their duties. The board may draw staff support from the departments represented with the consent of the respective commissioners.
(d) The board shall meet at the call of any 2 members or at the call of the board chair, but not less than 6 times annually. The board may elect a secretary and other officers as it finds necessary.
(e) The board may purchase, lease, or rent equipment and supplies to be used in performance of the board’s duties and to facilitate the ecologically-based management of mosquitoes. Such supplies may be made available to councils by petition to the board, but shall remain the property of the board.
(f) No member of the board shall have current or reasonably foreseeable conflicts, as defined by chapter 268A.
Section 5. (a) The board shall prepare a state ecologically-based mosquito management plan. Any action taken under this chapter shall be included in the state plan, in a district plan certified by the board pursuant to section 8, or in the state emergency arbovirus response plan pursuant to section 9. Before adoption of the state ecologically-based mosquito management plan, a public hearing shall be held by the board in each mosquito control district. The state ecologically-based mosquito management plan shall prioritize preventive action and non-pesticide control measures and shall include the management activities under this section.
(b) (1) The state ecologically-based mosquito management plan shall establish a public education and outreach campaign aimed at informing residents and businesses how to reduce mosquito breeding sites in and around their properties and the community at large, preventive measures individuals can take to protect themselves, and proper use of larvicides. The campaign shall be overseen by the board, with assistance from mosquito management councils.
(2) The public education and outreach campaign shall inform residents of how mosquito-borne diseases are transmitted and the difference between nuisance and disease vector mosquitoes, inform residents of the environmental and health hazards associated with mosquito adulticides and larvicides, and advise residents how they can opt-out of adulticide applications. The public education and outreach campaign may include, but mot be not limited to, the following methods of public outreach:
(i) a publicly accessible website and social media pages;
(ii) campaign branded pamphlets, infographics, and fact sheets;
(iii) public meetings and open houses;
(iv) videotaped and digital presentations;
(v) advertisements in public spaces;
(vi) local public access television or other local media sources;
(vii) inserts in utility bills;
(viii) posting on the apiary program website of the division of agriculture resources; and
(ix) in-state registration notifications for pesticide applicators.
(c) (1) The state ecologically-based mosquito management plan shall establish a program for trapping adult mosquitoes. Within mosquito management districts, trapping shall be overseen by the mosquito management councils. In areas of the commonwealth not within mosquito management districts, the board shall oversee trapping and testing of adult mosquitoes, pursuant to section 6.
(2) Trapping shall occur during a time period corresponding with mosquito activity. The acting authority, whether the board or a mosquito management council, may, at its own discretion, change these dates based upon climatic conditions or other outstanding factors. Traps shall be placed at locations based on risk of disease spread. Mosquito counts from mosquito traps shall be recorded at regular intervals in a publicly accessible location, such as the board or council’s website.
(3) Trapped mosquitoes may be tested for the following mosquito-borne diseases:
(i) West-Nile Virus;
(ii) Eastern Equine Encephalitis;
(iii) Jamestown Canyon Virus; or
(iv) other arboviruses of local or regional concern.
(4) Based on positive findings of a mosquito-borne disease in tested mosquitoes, or at the discretion of the board, the board may test sentinel host species for the presence of mosquito-borne disease.
(d) (1) The state ecologically-based mosquito management plan shall establish a program for monitoring and mapping larval breeding sites. Within mosquito management districts, monitoring and mapping shall be overseen by the mosquito management councils. In areas not within mosquito management districts, the board shall oversee monitoring and mapping, pursuant to section 6.
(2) The acting authority, whether the board or a mosquito management council, shall oversee the creation of a map of larval mosquito breeding sites within the commonwealth or mosquito management district that classifies breeding sites based on habitat quality and breeding history.
The following classifications may shall be used:
(i) Low quality ecological habitat and low breeding history;
(ii) High quality ecological habitat and low breeding history;
(iii) Low quality ecological habitat and high breeding history; and
(iv) High quality ecological habitat and high breeding history.
(3) The acting authority shall monitor larval mosquito populations on a regular interval using a diptest. Particular attention is to be paid to sites where known vector mosquitoes breed, and sites with low quality ecological habitat and high breeding history. The monitoring period shall correspond with mosquito activity in the area monitored. The acting authority may, at its own discretion, change these dates based upon climatic conditions or other outstanding factors.
The map of larval mosquito breeding sites, their classification, and larval monitoring data shall be maintained in a publicly accessible location, such as the board or council’s website.
(4) The acting authority shall regularly conduct an ecological analysis and biodiversity survey in mosquito larval breeding sites. Such a survey shall be conducted in consultation with a wetlands or wildlife ecologist. The acting authority shall work with the wetlands or wildlife ecologist to classify breeding sites based on habitat quality and breeding history, using the classifications listed in subsection (2) to characterize ecological health in the context of mosquito abundance and mosquito-borne disease transmission in the area. The assessment shall aim to further develop non-pesticidal management approaches to reduce mosquito populations.
(5) The acting authority shall make all data and analysis analyses under this section available in a publicly accessible location, such as the board or council’s website within 10 business days of acquiring data, and completing analyses, classifications, and plans.
(e) (1) The state ecologically-based mosquito management plan shall employ source reduction and wetlands restoration as the preferred methods of managing mosquito populations. Within mosquito management districts, source reduction and wetlands restoration shall be overseen by the mosquito management councils in coordination with a wetlands or wildlife ecologist. In areas of the commonwealth not within mosquito management districts, the board shall oversee source reduction and wetlands restoration, pursuant to section 6.
(2) Source reduction may include, but not be limited to, removal of tires, trash, abandoned containers or structures, and other sources of artificial standing water, and water management strategies to avoid and eliminate artificially created mosquito breeding areas such as use of low impact development techniques for stormwater management.
(3) Wetlands restoration shall be designed to restore natural flows, improve water quality and fish access, mosquito predator access, and increase overall wetland ecosystem diversity and function. Wetlands restoration may include, but not be limited to, upgrading culverts, removing dams, and otherwise restoring degraded wetlands. All wetlands restoration must comply with applicable federal, state, and local laws. The state ecologically-based mosquito management plan shall include the involvement of local conservation commissions and the division of ecological restoration in wetlands restoration projects.
(f) (1) The state ecologically-based mosquito management plan shall provide for the mitigation activities described in this subsection. Within mosquito management districts, mitigation activities shall be overseen by the mosquito management councils. In areas of the commonwealth not within mosquito management districts, the board shall oversee the provision of these mitigation activities, pursuant to section 6.
(2) (i) The state ecologically-based mosquito management plan shall establish scientifically based and quantifiable thresholds for larvicide use and shall provide for the application of larvicides based on the monitoring of breeding sites. Particular attention is to be paid to sites where known vector mosquitoes breed, and sites with low quality ecological habitat and high breeding history.
(ii) Larvicides shall not be used to manage nuisance mosquito populations and may be used only when source reduction and wetlands restoration have not been effective in abating disease risk. When applying larvicides, the applying authority, whether the board or a mosquito management council, shall select the larvicide that poses the least risk to human health and the environment, while remaining effective. Preference is given to larvicides that are certified by the Organic Materials Review Institute or classified under the Environmental Protection Agency’s minimum risk pesticide program.
(iii) Aerial application of any larvicide is prohibited.
(3) (i) The state ecologically-based mosquito management plan shall provide that mosquito adulticides are considered the most dangerous and least effective method of reducing nuisance and vector mosquito populations. Adulticides shall not be used to manage nuisance mosquito populations, and shall only be considered following the detection of a mosquito-borne pathogen in mosquito or sentinel species.
(ii) The state ecologically-based mosquito management plan shall establish scientifically based and quantifiable thresholds for adulticide use based on the risk of mosquito-borne disease transmission.
(iii) Following the detection of a mosquito-borne pathogen in an adult mosquito or sentinel species, the acting authority, whether the board or a mosquito management council, shall take the following actions:
(A) notify the public and increase public education and outreach, emphasizing personal protection measures;
(B) begin or increase the trapping of adult mosquitoes in the area of detection;
(C) begin or increase larval monitoring and management in the area of detection;
(D) prioritize further testing for mosquito-borne diseases in the area of detection; and
(E) consider non-pesticidal management approaches to reduce mosquito populations in the area of detection.
(iv) Following the detection of a mosquito-borne pathogen in an adult mosquito or sentinel species, if the established threshold has been met, the acting authority may consider the ground application of adulticide using a backpack applicator, provided that the backpack-applied adulticide application occurs only within the immediate area of detection and the backpack-applied adulticide is the least toxic adulticide available. Preference shall be given to adulticides that are certified by the Organic Materials Review Institute or classified under the Environmental Protection Agency’s minimum risk pesticide program.
(v) If monitoring and trapping data indicate a broader concern of mosquito-borne disease in the community, and education, prevention, habitat manipulation, larviciding, and backpack-applied adulticiding have all been attempted and determined insufficient to address an immediate threat to public health from mosquito-borne disease, the acting authority may, based on alignment with an established threshold, consider the truck-mounted ground application of a mosquito adulticide, provided the application occur within the most limited area possible to achieve effective reduction in adult vector mosquitoes. If necessary to protect public health, the truck-applied adulticide need not be certified by the Organic Materials Review Institute or be classified under the Environmental Protection Agency’s minimum risk pesticide program, but it shall be the least toxic adulticide that will be effective in mitigating disease risk.
(vi) The acting authority shall increase monitoring and trapping following the application of a mosquito adulticide, and shall work with a wetlands or wildlife ecologist to characterize the impacts adulticide use had on the ecological health of the habitat where the adulticide was applied.
(vii) Aerial application of any adulticide is prohibited.
(viii) Any application of a mosquito adulticide shall be performed by a certified pesticide applicator.
(g) (1) The ecologically-based management plan shall include:
(i) a determination by the Natural Heritage and Endangered Species Program in the department of fish and game that the plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special concern state or federally listed species; and
(ii) reasonable measures by the board to assure that the plan proposed will avoid hazardous effects on human health and the environment, including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of chapter 132A.
(h) The board shall review and revise the state ecologically based mosquito management plan whenever useful or necessary, but no less frequently than every 3 years.
Section 6. (a) (1) In carrying out the provisions of this chapter, the board may employ necessary engineers, scientists, assistants, or other agents, who may enter on premises that the board desires to survey or examine. The board may provide technical assistance to any council in the development and implementation of an ecologically-based mosquito management program.
(2) The board shall carry out field investigations and other determinations of the need, method, and procedures for managing mosquitoes as deemed advisable, including all significant potential health and environmental impacts of the proposed management measures. Board members and their agents are authorized to enter or examine at any reasonable time those premises which the board considers necessary to carry out its responsibilities.
(b) (1) The board shall provide a menu of services to municipalities that are not members of mosquito control districts, with reasonable fees for each service selected by the municipality. This menu shall include public education and outreach, surveillance of adult mosquitoes, monitoring and mapping of larval breeding sites, source reduction and wetlands restoration, and larviciding and adulticiding services, subject to the state ecologically-based mosquito management plan.
(2) A municipality may opt in to receiving any of the services under clause (1) by approval of its legislative body and notification to the board and the municipality’s conservation commission. In opting in to larviciding or adulticiding services, a municipality may impose additional restrictions not included in the state ecologically-based mosquito management plan on the timing, location, or manner of application of larviciding or adulticiding. A municipality that has opted in to receiving any service may opt out at any time by approval of its legislative body. The fee charged for each service shall pay the full cost of the service. Any funds received for this purpose in excess of those required to provide the requested services shall be returned to the purchasing municipality. At least once per year, or more frequently if requested by a municipality, the board shall provide each municipality an accounting of the fees charged to the municipality that year.
(3) All amounts for which a municipality may be liable in connection with the above may be contributed by persons or bodies politic benefited by the services in proportion to their respective benefits or otherwise.
Section 7. (a) Any municipality or 2 or more municipalities, may, by obtaining certification of the board, become a mosquito management district. The district shall be titled the mosquito management district. Notice of the formation of a district must be filed with the secretary of state and the board with a description of the proposed boundaries of the district.
(b) A council shall be established for each district and shall be called the mosquito management council. The council is declared to be the corporate authority of the district and shall exercise all the powers and control all of the affairs and property of the district.
Any mosquito management council shall be composed of at least 5 members, all of whom must either live or work in the district. The members of the council are to be appointed by the mosquito management board and shall comprise: 1 person who represents an environmental protection or conservation organization or a municipal conservation commission; 1 person who is a member of a municipal board of health or a health care provider; 1 person who represents the executive office of a municipality; and 2 citizens at large preferably with some background in engineering, law, chemistry, biology, or any other experience or education that would have relevance to mosquito control and management.
(c) The mosquito management board shall monitor the operations of the councils and shall require adherence to this act and to each council's certified ecologically-based mosquito management plan.
(d) (1) Each district council shall appoint a superintendent who shall be a person of skill and experience or knowledge in the field of mosquito management and who shall be committed to the use of ecologically-based mosquito management. The district superintendent, with the approval of the council, shall be empowered to hire sufficient staff and employees and purchase materials to fulfill the requirements of the council's certified ecologically based mosquito management plan. Employees and staff of the council shall not be subject to the provisions of section 9A of chapter 30, and chapter 31.
(2) The superintendent shall keep regular records of all proceedings and financial affairs, which shall be open to inspection by the board or by the council at all times; and by the public at reasonable hours. The council shall have ultimate responsibility for the efficient financial and sound environmental management of the district and shall be required, at the discretion of the board, to audit its finances and submit said audit to the board for its review and oversight.
(e) The federal government, the commonwealth or its municipalities, or their administrative agencies, not members of a mosquito management district, may request mosquito or greenhead fly management services from the district, which the council may provide at a fee, which shall pay the full cost of the mosquito or greenhead fly management services. The recipient of the services shall pay the full fee. Any funds received for this purpose in excess of those required to provide the requested services shall be returned to the purchaser.
(f) (1) The council shall provide a menu of services to participating municipalities, with reasonable fees for each service selected by the municipality. This menu shall include public education and outreach, surveillance of adult mosquitoes, monitoring and mapping of larval breeding sites, source reduction and wetlands restoration, and larviciding and adulticiding services to all municipalities within the district, subject to the district’s certified ecologically based mosquito management plan.
(2) A municipality may opt in to receiving any of the above services by approval of its legislative body and notification to the council and the municipality’s conservation commission. In opting in to larviciding or adulticiding services, a municipality may impose additional restrictions not included in the district ecologically based mosquito management plan on the timing, location, or manner of application of larviciding or adulticiding. A municipality that has opted in to receiving any service may opt out at any time. The fee charged for each service shall pay the full cost of the service. Any funds received for this purpose in excess of those required to provide the requested services shall be returned to the purchasing municipality. At least once per year, or more frequently if requested by a municipality, the council shall provide each municipality an accounting of the fees charged to the municipality that year.
(3) All amounts for which a municipality may be liable in connection with the receipt of services under this section may be contributed by persons or bodies politic benefited by the services in proportion to their respective benefits or otherwise.
(4) The cost of district services may be shared by the board if the board deems, and in proportion as the board determines, that the service is in the larger interest of the commonwealth.
Section 8. (a) Within 90 days from the formulation of the board's ecologically-based management plan, or from the establishment of a district, the council shall develop and submit to the board an ecologically-based mosquito management plan. The district's ecologically-based plan shall be constituted either by adopting the board's ecologically-based mosquito management plan, or the board's plan with modifications. The district’s ecologically-based plan shall not authorize the use of adulticides, larvicides, or other pesticides when such use is prohibited by law or by the state ecologically-based mosquito management plan. The board shall be allowed 30 days to approve, disapprove, or modify the district's plan. If the board disapproves or requires amendment of the plan submitted by the council, the council shall have 30 days to make those amendments and resubmit the plan to the board for certification. In disapproving or requiring amendment of the plan submitted by the council, the board shall clearly state the areas of the plan that were deficient and what the deficiencies of the plan were. The plan shall be adopted for the district upon certification by the board. Thereafter the plan shall be reviewed, amended if necessary, and submitted for recertification no less than every 3 years, or more frequently if the council chooses.
(b) With the prior written certification of the board of the district's ecologically-based mosquito management plan, as provided for in this section, the council shall have the power to take all necessary or proper steps for the management of mosquitoes within the district subject to the provisions of this chapter; to purchase supplies and materials and to employ labor, assistants, scientists, or consultants as may be necessary or proper in furtherance of the objectives of the same; and generally to do all things, subject to the provisions of this chapter, necessary or incident to powers hereby granted and to carry out the objectives specified herein.
(c) (1) Any action taken under this chapter shall be included in the district’s ecologically-based mosquito management plan. Before adoption of a district ecologically-based mosquito management plan, a public hearing shall be held by the council. A hearing required by a federal, state, or municipal agency on the program shall be sufficient for purposes of this section. In addition to the details of management activities the ecologically-based management plan shall include:
(i) A determination by the Natural Heritage and Endangered Species Program in the department of fish and game that the plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special concern state or federally listed species; and
(ii) reasonable measures by the council to assure that the plan proposed will avoid hazardous effects on human health and the environment, including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of chapter 132A.
Section 9. (a) The board shall complete an emergency arbovirus response plan to be exercised by the commissioner of the department of public health under this section. The emergency response plan shall specify scientifically based and quantifiable thresholds for determining the existence of an ongoing arbovirus public health emergency. The emergency arbovirus response plan shall specify the mosquito management measures to be used in case of an ongoing arbovirus public health emergency and shall specify procedures for coordination among state agencies, municipal governments, the board, and the mosquito management districts. The emergency arbovirus response plan shall not authorize the aerial application of any adulticide or larvicide.
(b) Before adoption of the emergency response plan, a public hearing shall be held by the board in each of the existing mosquito control districts. The emergency response plan shall be reviewed and revised whenever useful or necessary, but no less than every 3 years.
(c) The state emergency response plan shall be exercised only after a public health emergency is declared by the governor of the commonwealth on the recommendation of the commissioner of the department of public health and the board that the thresholds of the emergency response plan have been met. Such recommendation shall be accompanied by a public document detailing the evidence and the basis for the judgment that a public health emergency exists, the target organism, the expected management agents or chemicals and procedures to be used, and the areas to be so treated.
(d) Following a declaration of a public health emergency by the governor of the commonwealth, the emergency response plan shall be exercised by the commissioner of the department of public health. The board and the district councils shall act under the direction of the commissioner of the department of public health during the state of public health emergency.
The costs incurred by the board or any councils due to the exercise of the emergency response plan shall be paid by the commonwealth.
(e) The state of public health emergency shall be terminated automatically after 60 days, or by a declaration by the governor of the commonwealth. If the public health emergency is not resolved within 60 days, a subsequent declaration of public health emergency may be made, pursuant to the requirements of this section for making such declaration.
(f) In exercising the emergency arbovirus response plan, the notification and opt-out provisions of sections 10 and 11 shall continue to apply.
(g) (1) Following any declaration of an arbovirus public health emergency under this section and within 30 days after termination of the emergency, the commissioner of the department of public health shall complete and make available on the department’s website for the public record a report of actions taken during the emergency, including, at a minimum:
(i) the target organism or organisms, their estimated population size, records of EEE or other mosquito-borne disease prevalence and infection rate, rainfall and temperature data, and an analysis of the geographic patterns indicated by these data, both prior to and following management activities;
(ii) agents, chemicals, or source reduction activities used in the treatment, and times, rates and means of application;
(iii) records of incidence of EEE or other mosquito-borne diseases and the effectiveness of the treatment in preventing the disease or diseases, the total number of confirmed human cases of EEE or other mosquito-borne diseases, the total number of horses and other animals confirmed as having been affected by EEE or other mosquito-borne diseases, the number of deaths in humans and other animals, the kinds of illness and disabilities, noting term and nature of sickness, recuperation, and rehabilitation in humans;
(iv) effects of the treatments on soils and water, and on flora and fauna of the areas treated including pesticide incidents reported to apiary program of the division of agriculture resources and at their apiary and pesticide locator map and other areas affected;
(v) maps of the area treated with indications on the maps of localities treated; and
(vi) any recommendations for changes in regulations or procedures for future interventions.
All actions taken under the authority of this section shall be designed to protect public health while minimizing any adverse effect to the environment.
Section 10. (a) At least 72 hours prior to the application of any adulticide, the authority overseeing such application, whether the board, a district council, or the commissioner of the department of public health, shall provide notice of the methods to be employed, including: the product to be applied; the locations, dates, and times of application; and any health risks and adverse environmental impacts associated with the product.
(b) Notice shall be provided to all residents within ½ mile of the planned adulticide application. Notice shall be provided through, at a minimum, any municipal emergency notification or community alert service, such as “CodeRED,” announcements in local newspapers or other press, and the website and social media feeds of the affected municipalities.
Direct notice shall also be provided to:
(i) the executive office of the affected municipality or municipalities;
(ii) appropriate local and regional boards and commissions, including boards of health and conservation commissions;
(iii) schools, child care centers, and school age child care programs within ½ mile of the planned adulticide application;
(iv) property owners within ½ mile of the planned adulticide application who have opted out of spraying based on exclusions pursuant to applicable regulations governing pesticide application;
(v) agricultural entities including beekeepers, cranberry growers, certified organic farms and aquaculture facilities within ½ mile of the planned adulticide application; and
(vi) any other person within ½ mile of the planned adulticide application who informs the board through a form made available on the board’s website that they wish to be informed of adulticide spraying in their region.
(c) Notice shall include, or direct recipients to the online location of, an educational fact sheet about the planned spraying, including the adulticide’s label and Material Safety Data Sheet, further information about the risks posed by the adulticide, specific precautions residents may take to avoid exposure to the adulticide or deposition of the adulticide on sensitive private property, including gardens and children’s play equipment, as well as personal protective measures and other preventative actions residents can take to reduce mosquito-borne disease transmission.
(d) If adulticide application must be postponed due to weather conditions, notice provided before application shall remain in effect for 48 hours following the improvement of such weather conditions if postponement of spraying would extend beyond the dates indicated in the initial notice; provided, however, that, to the extent reasonably possible, the board shall make a good faith effort to inform the public of any changes to the application schedule.
Section 11. (a) The board shall maintain a “no spray list” and provide an online form on its website allowing residents to opt out of the application of adulticides. Residents on the “no spray list” shall be notified via reasonable means that they are on the list, and shall be reminded each year following, via reasonable means, that they remain on the “no spray list.”
(b) State registered beekeepers and certified organic farms shall be automatically placed on the “no spray list”, and shall be notified through reasonable means that they are on the list.
(c) Residents on the “no spray list” shall not have an adulticide applied within 300 feet of their property line.
(d) Any municipality may opt out of adulticide application conducted under section 9 by approval of its legislative authority, provided that the municipality opts in to receiving public education and outreach and surveillance of adult mosquitoes from either the board or a mosquito management district.
Section 12. Each year, the board and each council shall work alongside a wetlands or wildlife ecologist and other relevant experts to review the effectiveness of the board or council’s mosquito control program and publish the findings in a report. The report shall include successes and failures of the past year; a survey of the experience of state registered beekeepers and certified organic farms; records of the location, rates, and time of application of any chemical or biological pesticides applied that year; and additional steps the board or council will consider to further reduce reliance on pesticide use and improve local ecological capacity to naturally manage nuisance and vector mosquitoes.
Findings in the report are to be made available in a publicly accessible location, such as the board or council’s website.
Section 13. (a) A district council that determines it is necessary to control greenhead flies within the district shall create a greenhead fly management plan. The plan shall specify the monitoring and mitigation activities that will be undertaken to control greenhead flies. The plan shall specify how the costs of controlling greenhead flies are to be allocated among the member municipalities of the district. All greenhead fly control activities shall be carried out according to the district’s plan.
(b) Before adoption of a district greenhead fly management plan, a public hearing shall be held by the council. A hearing required by a federal, state, or municipal agency on the program will suffice for purposes of this section. In addition to the details of management activities the greenhead fly management plan shall include:
(i) a determination by the Natural Heritage and Endangered Species Program in the department of fish and game that the plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special concern state or federally listed species; and
(ii) reasonable measures by the council to assure that the plan proposed will avoid hazardous effects on human health and the environment, including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of chapter 132A.
(c) The greenhead fly management plan shall not authorize the use of any chemical pesticide other than attractants, such as octenol, used to bait traps.
Section 14. (a) No pesticide containing PFAS shall be used as part of any mosquito or greenhead fly control activity conducted pursuant to this chapter. This prohibition includes pesticides that contain PFAS as an inactive or inert ingredient.
(b) No pesticide shall be used as part of any mosquito or greenhead fly control activity conducted pursuant to this chapter unless the department of environmental protection has tested a sample of the pesticide and certified that the pesticide does not contain PFAS. This testing requirement shall not apply to a pesticide used during an arbovirus public health emergency pursuant to section 9 as long as (1) the commissioner of the department of public health determines that it is infeasible to test the pesticide prior to application in response to the arborvirus public health emergency and (2) there are no equally or more effective pesticides available for use that the department of environmental protection has already tested and certified as not containing PFAS.
Section 15. (a) Any person aggrieved by a determination by the board or any council, including any party to a complaint and investigation under section 17, may request an adjudicatory hearing before the board under the provisions of chapter 30A. The determination shall contain a notice of right to request a hearing and may specify a time limit, not to exceed 21 days, within which persons may request a hearing before the board under the provisions of chapter 30A. If no such request is timely made, the determination shall be deemed assented. If a timely request is received, the board shall within a reasonable time hold a hearing and comply with the provisions of chapter 30A. In a hearing so held the board shall designate a hearing officer to preside over the hearing, to assemble an official record thereof, and to render a tentative decision as provided in paragraph (7) of section 11 of chapter 30A. The board shall make the final decision on the basis of the official record and tentative decision so rendered.
(b) If in making a determination which may be the subject of an adjudicatory hearing the board finds that an imminent hazard or an unreasonable adverse effect on the environment could result pending the conclusion of adjudicatory hearing, the board may order that the determination shall become provisionally effective and enforceable immediately upon issuance, and shall remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures timely requested. In the event that the department has thus made a determination provisionally effective, it may later, at its discretion, shorten the duration of or waive the order.
(c) A person aggrieved by a final adjudicatory determination of the board may obtain judicial review thereof pursuant to the provisions of chapter 30A.
Section 16. Whenever any council commences any mosquito management activity not permitted by the certified district ecologically-based mosquito management plan, including the use of pesticides when not permitted by the certified district ecologically-based mosquito management plan, or violates any rule or regulation of the board, the board shall have the power by written notice to order the violator to cease and desist immediately. If the violator does not conform to the board's order, the board may bring prosecution in the district court of the state.
The board, without being required to enter into any recognizance or to give surety for cost, may institute proceedings in the name of the state. It shall be the duty of the attorney general to conduct the prosecution of the proceedings brought by the board. The board may obtain relief in equity or by prerogative writ whenever that shall be necessary for the proper performance of those duties.
Section 17. The board shall establish a process by which residents of the commonwealth may file complaints alleging violations of the provisions of this chapter or of the provisions of the ecologically-based mosquito management plan of the board or any district. The process for filing complaints shall, at a minimum, include a telephone hotline and allow for the submission of written complaints. Within 60 days of receiving a complaint, the board shall investigate and make a determination as to whether any violation has occurred and whether any action is required to remedy the violation or prevent such violation from occurring again.
The board shall maintain a publicly accessible online docket of complaints received, the outcome of its investigations, and any actions taken.
Section 18. Any municipality not a part of an existing district may be annexed by approval of the municipality’s legislative body to a district upon approval by the district’s council.
Section 19. Any municipality or subdivision thereof which lies within a district may be disconnected from the district in accordance with the district’s separate governing enabling act, voluntary trust, or other legal instrument, by the decision of its legislative body.
Section 20. Any district organized under the provisions of this act may be dissolved and discontinued by appropriate action of either the board or the council, or as provided in the district’s governing enabling act, voluntary trust, or other legal instrument. Notice of dissolution shall be filed with the secretary of the commonwealth and the board.
Section 21. All meetings of the board or councils shall comply with the provisions of the open meeting laws under sections 18 through 25, inclusive of chapter 30A. All regular board or council meetings shall be open to the public and all resolutions, actions, and records of its proceedings shall be open to public view.
Section 22. The board shall provide a report to the house and senate committees on ways and means and the committee on environment, natural resources and agriculture by April first each year detailing all encumbrances, expenditures, and projected expenditures of funds and providing projections for needs and associated costs for the next fiscal year.
SECTION 4. The current mosquito control projects known by their identifying names as the Berkshire county mosquito control project, the Bristol county mosquito control project, the Cape Cod mosquito control project, the central Massachusetts mosquito control project, the Dukes county mosquito control project, the east Middlesex mosquito control project, the Norfolk county mosquito control project, the northeast Massachusetts mosquito control and wetlands management district, the Pioneer Valley mosquito control district, the Plymouth county mosquito control project, and the Suffolk county mosquito control project may remain in existence if a project obtains certification from the mosquito management board that the project fulfills the provisions of section 7 of chapter 252A of the General Laws, inserted by this act.
Existing superintendents, and existing staff and employees of the projects may continue in their present capacity, subject to adherence to the regular conditions of workplace and employment, provided that the superintendents, staff and employees shall meet the conditions of subsection (d) of said section 7.
Commissioners of these projects and their employees may continue in their capacity under their existing terms of appointment, as members or employees of the newly formed councils, and may be reappointed as members of the councils, provided they meet the criteria for membership established by said section 7.
The board shall arrange for an orderly transition of such mosquito control districts and mosquito control projects in compliance with said chapter 252A.
SECTION 5. The mosquito management board shall complete the state ecologically-based mosquito management plan under section 5 of chapter 252A of the General Laws and the emergency arbovirus response plan under section 9 of said chapter 252A within 6 months of the enactment of this act.
SECTION 6. Section 14 of chapter 252A of the General Laws shall be effective 1 year from the passage of this act.
SECTION 7. The remainder of this act shall take effect upon its passage.
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An Act expanding access to trails for people of all abilities
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S446
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SD289
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:04:04.163'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-12T12:04:04.1633333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-18T10:06:34.1566667'}, {'Id': 'EDJ0', 'Name': 'Edward J. Kennedy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EDJ0', 'ResponseDate': '2023-02-02T12:18:28.89'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-12T14:58:40.65'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-20T08:53:49.56'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-06-19T10:22:37.83'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-07-14T12:02:00.4066667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-08-16T14:46:33.08'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S446/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 446) of Joanne M. Comerford, Mindy Domb and Edward J. Kennedy for legislation to expand access to trails for people of all abilities. Environment and Natural Resources.
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SECTION 1. Chapter 21 of the General Laws is hereby amended by inserting after section 2G the following section:-
Section 2H. (a) It is hereby declared the policy of the commonwealth and the department of conservation and recreation, in this section referred to as the department, to maximize access to trails, outdoor spaces and outdoor recreational activities for people of all abilities, and to advance equity for all residents of the commonwealth. This section shall be implemented to achieve this goal.
(b) With respect to outdoor recreation under its jurisdiction, the department of fish and game shall also work to maximize access to trails, outdoor spaces and outdoor recreational activities for people of all abilities, and to advance equity for all residents of the commonwealth.
(c) The commissioner of the department shall establish a Trail Access Working Group to collect and publish data, and advise the commissioner on the implementation of this section. The Trail Access Working Group shall include the commissioner or a designee, who shall be the chair, and
(i) the director of the Universal Access Program of the department;
(ii) a representative of the department of fish and game;
(iii) the executive director of the Massachusetts office on disability;
(iv) a representative of the Massachusetts Association of Conservation Commissions;
(v) one or more representatives of organizations concerned with accessible outdoor recreation;
(vi) one or more representatives of organizations concerned with the legal rights of people with disabilities;
(vii) one or more representatives of organizations concerned with independent living for people with disabilities;
(viii) one or more representatives of organizations concerned with the conservation of public land;
(ix) one or more representatives of groups concerned with trails;
(x) no fewer than 3 representatives of cities and towns that have trails managed by the department within their borders, including at least 1 city or town from no fewer than 3 different counties, including a county that is predominantly rural and one that is predominantly urban;
(xi) a representative from an organization or company that designs and builds accessible trails;
(xii) a representative from a regional planning agency that has experience with grant opportunities and funding sources for accessible trails; and
(xiii) other persons identified by the commissioner as likely to make helpful contributions to the working group; provided, that the working group shall have no less than one-third of its members having disabling conditions, and provided further, in making appointments, the commissioner shall ensure that the task force represents diverse geographic regions of the commonwealth and reflects racial and ethnic diversity.
(d) The Trail Access Working Group shall:
(i) review current access for people with disabilities to paved and unpaved trails in the commonwealth;
(ii) review best practices, including federal guidelines such as from the US Forest Service, and the United States Access Board accessibility standards for Federal outdoor developed areas and recommendations from experts for how to expand access, including from people with disabilities;
(iii) review requirements of state and federal law;
(iv) consider the impact of wetlands policy on the access to trails for people with disabilities;
(v) annually hold no fewer than 3 open public hearings in various regions of the state to receive testimony from members of the public; and
(vi) file an annual report summarizing the findings of its reviews and making comprehensive recommendations on ways to improve access to paved and unpaved trails for people with mobility considerations. The recommendations may include a timeline for implementation. If the Working Group believes there will be a cost to implementing its recommendations, the report shall include an estimate of the cost for implementation and possible funding sources that could be utilized for implementation.
(e) The Working Group shall file its report shall with the governor, secretary of the executive office of energy and environmental affairs, the committee on energy, natural resources and agriculture and shall publish it on the public website of the department.
(f) The commissioner of the department shall provide the Trails Access Working Group with sufficient funding to hire consultants to assist the Trails Access Working Group with its duties.
(g) The commissioner of the department shall respond in writing to the recommendations of the working group and report a policy statement detailing how the recommendations of the Working Group will be implemented, including a timeline and budget. The response shall include the findings of the Trails Access Working Group and, but not be limited to, the following information:
(i) the number of miles of trails managed by the department, separately indicated for paved and unpaved trails, that are accessible for people with disabilities, and a goal for the increase in the number of miles that are accessible in the 3 years following the release of the report; and
(ii) the dollar amount of grants issued for all trails in the past year, separately detailing the proportion of such grants related to paved and unpaved trails that are accessible for people with disabilities and a goal for the dollar amount and proportion of such grants in the 3 years following the release of the report.
(h) Annually, on the day assigned for submission of the operating budget under section 7H of chapter 29, the commissioner of the department shall file with the governor, secretary of the executive office of energy and environmental affairs, the committee on energy, natural resources and agriculture and publish on the public web site of the department the most recent report of the Trails Access Working Group and the commissioner’s response under subsection (g).
SECTION 2. (a) Members of the Trail Access Working Group established in section 2H of chapter 21 of the General Laws, inserted by this act, shall be appointed no later than 3 months after the effective date of this act.
(b) The initial report and recommendations of the Trails Access Working Group shall be filed no later than 12 months after the initial meeting of the Trails Access Working Group.
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An Act relative to the Quabbin watershed and regional equity
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S447
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SD2089
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T14:29:01.247'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-19T14:29:01.2466667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-30T09:27:20.6433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S447/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 447) of Joanne M. Comerford for legislation relative to the Quabbin watershed and regional equity. Environment and Natural Resources.
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SECTION 1. Chapter 10 of the General Laws is hereby amended by inserting after section 35SSS the following section:-
Section 35TTT (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Quabbin Host Community Development Trust Fund to be used, without further appropriation, by the secretary of energy and environmental affairs for the municipal service, public safety, and development needs of Quabbin Reservoir Watershed Communities, as defined by the department of conservation and recreation, including, but not limited to, lands authorized to be taken under chapter 321 of the acts of 1927 or any successor statute granting the taking of land for a similar purpose. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year. Annually, not later than October 1, a report shall be filed with the clerks of the senate and house of representatives and the house and senate committees on ways and means that shall include expenditures made and income received by the fund.
(b) All funds assessed and collected under section 21 of chapter 92A½ shall be deposited into the Quabbin Host Community Development Trust Fund. No less than 90% of funds deposited into the fund shall be expended in each fiscal year. No less than 70 per cent of expenditures by the trust in each fiscal year shall be made to Quabbin Reservoir Watershed Communities for municipal operations and capital improvements, including debt service. No more than 25 per cent of expenditures by the trust in each fiscal year shall be made to non-profit organizations directly serving the health, welfare, safety, and transit needs of Quabbin Reservoir Watershed Communities as well as the Connecticut River Basin Communities and Chicopee River Basin Communities. No more than 5 per cent of expenditures by the trust in each fiscal year shall be to communities for funding projects pursuant to section 26 of chapter 165, including costs for the operations and management of conduits, pipes, and hydrants constructed under the section.
(c) The secretary, in consultation with the several Select Boards of the Quabbin Reservoir Watershed Communities, shall establish rules and regulations for the administration of the fund.
SECTION 2. The third paragraph of section 5G of chapter 59 of the General Laws is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentences:- Said amounts to be held in trust as payments in lieu of taxes shall be made on the total acreage in question that is held by each community; provided however, that the sum of said payments shall not be less than $50,000 annually, and shall be valued in accordance with the provisions of sections 13 to 17, inclusive, of chapter 58. In no event shall any city or town receive an amount less than the payment received from the metropolitan district commission in the prior fiscal year.
SECTION 3. Chapter 92A½ of the General Laws is hereby amended by adding the following section:-
Section 21. The department shall assess the Massachusetts Water Resources Authority an amount equal to 5/100th of a dollar per 1000 gallons drawn from the Quabbin Reservoir. The executive director of the authority shall certify the previous fiscal year’s water usage to the commissioner of the department on or before August 15. The commissioner shall bill the treasurer of the authority on October 1 for said previous fiscal year's obligations. Within 30 days of receipt of the department bill, the treasurer of the authority shall remit the total billed amount to the department. The commissioner of the department shall forward to the treasurer of the commonwealth the revenues generated by the division which shall be credited to the Quabbin Host Community Development Trust Fund.
SECTION 4. Subsection (b) of section 3 of chapter 372 of the acts of 1984 is hereby amended by striking out the words “one member of the board of directors who is a resident of a Connecticut river basin community who represents water resources protection interests” and inserting in place thereof the following words:- 3 members of the board of directors who are residents of Connecticut river basin communities who represent land and water resources protection interests.
SECTION 5. The first sentence of subsection (d) of said section 3 of said chapter 372 is hereby amended by inserting after the word “reappointment” the following words:- ; provided, however, that no member of the board of directors shall serve for more than 12 years, except the secretary of the executive office of environmental affairs, serving ex officio.
SECTION 6. Notwithstanding any general or special law to the contrary, no later than December 31, 2023 the Massachusetts Water Resources Authority shall complete a Water System Expansion Evaluation of the Westfield River Basin communities, Chicopee River Basin communities, Connecticut River Basin communities, and Millers River Basin communities in a manner consistent with the Evaluation of Ipswich River Basin completed by the Authority in October 2022; provided, however, that notwithstanding the provisions of Sections 8 through 8D, inclusive, of chapter 21 of the General Laws, the Water Resources Commission shall not approve any interbasin transfer of water from the Quabbin Reservoir until said evaluation has been completed. The evaluation shall be made available on the Massachusetts Water Resources Authority's website and a copy shall be filed with the clerks of the house and senate and the house and senate chairs of the committee on environment, natural resources, and agriculture.
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An Act investing in natural and working lands
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S448
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SD2261
| 193
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{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T14:09:52.42'}
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[{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-20T14:09:52.42'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-15T09:52:26.08'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-05T18:05:48.9166667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-21T11:46:21.8033333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S448/DocumentHistoryActions
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Bill
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By Ms. Comerford, a petition (accompanied by bill, Senate, No. 448) of Joanne M. Comerford, Lindsay N. Sabadosa and James B. Eldridge for legislation to invest in natural and working lands. Environment and Natural Resources.
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SECTION 1. Section 1 of chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Nature-based solutions” the following definition:-
“Nature Services”, the processes and properties of both natural and human-managed ecosystems that provide human societies with benefits and resources of fundamental value. These services include the provision of resources essential for life such as food, clean water, clean air, shelter, and medicines as well as stabilizing environmental processes such as purification of air and water, flood control, and nutrient cycling.
SECTION 2. Said section 1 of said chapter 21N, as so appearing, is hereby further amended by inserting after the definition of “Person” the following definition:-
“Reforestation”, the process of replanting trees in areas depleted by natural or unnatural disturbances such as wildfires, natural disasters, drought, insects, disease, logging, mining, agricultural clearing, and development.
SECTION 3. Chapter 21N of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following sections:-
Section 12. (a) The commonwealth shall undertake actions under this chapter with the goal of preventing the loss of farmland, forest lands and trees and promoting equitable access to nature services. The commonwealth shall seek to avoid, minimize, and mitigate the impact of the loss or conversion of farmland, forest lands, and trees to promote the full ecological, agricultural, natural, public health, and economic benefits of the land.
(b) All relevant state agencies shall implement regulations under this chapter in alignment with this section and its policies, including:
(i) Funds and federal grants administered by the commonwealth shall not be used to encourage the conversion of farmland or forested land to other uses when feasible alternatives are available.
(ii) Agency actions shall encourage the protection of farmland or forest land by avoiding, minimizing, and mitigating against the conversion of land to non-agricultural or non-forest uses, and by promoting soil, tree and water conservation practices.
(iii) Agencies controlling state-owned land or undertaking projects that result in the conversion of forest land or land suitable for agricultural use shall coordinate with the executive office of environmental affairs and shall conduct permitting and mitigation in accordance with the goals of this section.
Section 13. (a) The secretary of the executive office of energy and environmental affairs shall establish a municipal opt-in farm and forest-friendly communities program.
(b) The program shall advance state policy to: (1) prevent the loss of working farmlands, forest lands and trees; (2) promote carbon sequestration and storage capacity; (3) promote reforestation; (4) promote nature services, particularly in environmental justice communities; and (5) increase food and agricultural production.
(i) The secretary shall adopt rules, regulations, and guidelines for the administration, oversight, accountability, and enforcement of this section, including, but not limited to, establishing eligibility criteria, funding priorities, application forms and procedures, and reporting requirements.
(ii) The secretary may develop and implement the farm and forest-friendly communities program as a stand-alone program or combine the program with other municipal assistance programs related to climate adaptation, resiliency or mitigation.
(c) The secretary shall collect revenues and distribute funds to support eligibility requirements under subsection (d) as provided in this section. Funding for the farm and forest-friendly communities program in any single fiscal year shall be available, without further appropriation, from sources including, but not limited to, the Global Warming Solutions Trust Fund established in section 35GGG of chapter 10 as well as the federal Inflation Reduction Act of 2022; and any land management and restoration grant, loan, and incentive programs administered by the executive office of energy and environmental affairs.
(d) To qualify as a farm and forest-friendly community, a municipality or other local governmental body shall comply with eligibility requirements. The secretary shall set eligibility requirements including adoption of natural resource protection zoning ordinances or by-laws; and requiring municipalities to adhere to a majority of the following, as chosen by the municipality: (1) adoption of a municipal tree retention and replacement by-law or ordinance; (2) adoption of ordinances or by-laws to expand or conserve natural tree canopy; (3) a local or regional agricultural commission that has the ability to comment on related matters; (4) including agriculture as a category on all master plans, open space plans, and other relevant land use plans; and (5) adoption of a municipal right-to-farm by-law; provided, that ordinances and by-laws enacted under this subsection may exempt the development of affordable housing.
(i) Eligibility requirements set under this section shall encourage and assist participating municipalities to achieve the goals under subsection (a) of section 12.
(ii) The secretary may waive specified requirements based on a written finding that, due to unusual circumstances, a municipality cannot reasonably meet the requirements and that the municipality has committed to alternative measures that advance the purposes of the farm and forest-friendly communities program in a way that aligns with program requirements. The secretary may also waive requirements based upon municipal income factors or upon environmental justice criteria that make the program requirements overly burdensome for a particular municipality. The secretary may adopt alternative eligibility requirements that provide opportunities to those municipalities to achieve the goals of the program.
(e) The secretary shall accept applications from municipalities annually. Applications shall be noncompetitive and shall be accepted or denied based only upon whether municipalities have met the eligibility requirements.
(f) The secretary shall provide technical and financial assistance, including incentive payments, grants, and loans, to municipalities that qualify for and opt-in as a farm and forest-friendly community under this section. These incentives, grants, and loans may be used to finance all or a portion of the costs of studying, designing, and implementing local ordinances or bylaws to prevent the loss of farmland, forest land and trees. Upon acceptance into the farm and forest-friendly communities program, grants, incentives, and loans may be provided annually.
(g) The secretary shall, in coordination with the division of local services within the department of revenue, annually provide municipalities participating in the program a higher rate of reimbursement in lieu of taxes on state-owned land under sections 13 to 17, inclusive, of chapter 58 of the General Laws, as determined by the secretary and not less than 5 per cent of the municipality’s reimbursement.
(h) The secretary shall, in coordination with the commissioner of agricultural resources and the division of local services within the department of revenue, annually provide municipalities participating in the program an incentive payment for each parcel of land restricted for agricultural purposes under section 23 of chapter 20 of the General Laws.
(ii) The secretary shall set requirements for recertification to ensure compliance with this section following the first year of acceptance, and 5 years after a municipality is accepted, and every 5 years thereafter. The requirements shall include, but are not limited to, submission of documentation on: the amount of farm and forest land retained; the amount of tree canopy preserved or increased; the by-laws and ordinances enacted to comply with this program, demonstrating those by-laws or ordinances are currently in effect; and the involvement of a local or regional agricultural commission. If a community used alternative measures per a waiver from the secretary, the community shall be required to submit documentation of such alternative measures.
If a municipality was granted a waiver allowing alternative eligibility requirements, the ability of said municipality to comply with the eligibility requirements in subsection (d) shall be reassessed at each 5 year interval. If the secretary determines the municipality has developed the capacity to meet the eligibility requirements of subsection (d), the waiver will not be extended. This section does not preclude the secretary from determining a municipality is no longer able to meet the requirements of subsection (d) and issue said community a waiver to remain in the program, provided said community demonstrates the presence of equally effective alternative measures as required per subsection (ii).
SECTION 4. (a) Not later than July 1, 2024, the environmental policy act office shall determine a review threshold which would require projects engaging in a certain level of forest clearing or farmland conversion to undergo an environmental impact review. The review threshold shall further the goals under subsection (a) of section 12 of chapter 21N of the General Laws.
(b) Not later than July 1, 2024, the environmental policy act office shall develop methodologies for quantifying the greenhouse gas emissions implications of land clearing and farmland development and potential options for mitigation.
(c) Six months before finalizing the review threshold and methodologies under subsections (a) and (b), the environmental policy office shall publish a proposed draft review threshold and proposed draft methodologies and solicit public comment on the proposals. The office shall also solicit comments from the committee on environment, natural resources and agriculture. The committee may hold a public hearing on the submitted review threshold and methodologies.
SECTION 5. (a) The roadmap plans and implementation reports issued by the secretary of energy and environmental affairs under sections 12, 13, and 14 of chapter 21N shall include information about expenditures, participation rates, and results relative to the farm and forest-friendly communities program, as well as recommendations for administrative policies, programs and legislation to improve compliance and efficacy.
(b) The roadmap plans and implementation reports issued by the secretary of energy and environmental affairs under sections 12, 13, and 14 of chapter 21N shall also include recommendations developed in coordination with the division of local services within the department of revenue for updated incentive rates for land conservation, stewardship and ownership programs to ensure they:
(i) adjust with the value of the land, and
(ii) sufficiently reimburse or incentivize land conservation or stewardship to further the commonwealth’s overall goals as established under said sections 12 and 13. The recommendations shall also be submitted to the house and senate committees on ways and means, the joint committee on municipalities and regional government, and the office of the state auditor.
SECTION 6. The department of energy resources, in consultation with the secretary of energy and environmental affairs, shall make recommendations to the general court on a successor program to the solar incentive program established in section 11 of chapter 75 of the acts of 2016.
In developing recommendations, the department shall consider:
(i) the benefits provided by distributed generation facilities including, but not limited to: (A) avoided energy purchases; (B) avoided capacity purchases; (C) avoided transmission and distribution costs; (D) avoided line losses; (E) avoided environmental compliance costs; (F) avoided damages from greenhouse gas emissions; (G) enhanced reliability; (H) equity and environmental justice benefits; and (I) any other benefits as may be determined by the department;
(ii) time differentiated rates and alternative rates that encourage equity and alignment with the commonwealth’s energy, climate and natural resources programs and policies; (iii) the siting of clean energy projects in underserved communities and within the built environment on developed or degraded land including, but not limited to, rooftops, parking lots and other low-impact areas with minimal ecosystem service values;
(iv) avoiding or minimizing impacts to natural and working lands and waters; and
(v) potential solutions to challenges faced by municipalities relative to the deployment of solar within the built environment, including the provision of guidelines, technical assistance and incentives for municipalities to update local land use regulations to facilitate within-development siting.
The process shall work in parallel with the department’s technical potential of solar study.
The department shall file its recommendations with the clerks of the senate and house of representatives and the joint committee on telecommunications, utilities and energy not later than July 31, 2024.
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Resolve establishing a commission on electric vehicle battery recycling
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S449
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SD347
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:47:44.623'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T15:47:44.6233333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:57:53.33'}]
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Resolve
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By Ms. Creem, a petition (accompanied by resolve, Senate, No. 449) of Cynthia Stone Creem that provisions be made for an investigation and study by a special commission on electric vehicle battery recycling. Environment and Natural Resources.
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Resolved, that on or before September 1, 2024, the secretary of energy and environmental affairs shall convene an Electric Vehicle Battery Recycling Commission to review and advise the general court on policies pertaining to the recovery and recycling of electric vehicle batteries in the commonwealth. The commission shall consult with universities and research institutions that have conducted research in the area of battery recycling, with manufacturers of electric and hybrid vehicles, and with the recycling industry. The secretary of energy and environmental affairs shall appoint members to the commission from each of the following:
(1) the department of energy resources;
(2) the department of environmental protection;
(3) a vehicle manufacturer or an organization that represents one or more vehicle manufacturers;
(4) a standards-developing organization that has a focus on automotive engineering;
(5) an electronic waste recycler or an organization that represents one or more electronic waste recyclers;
(6) a motor vehicle repair shop or an organization that represents one or more motor vehicle repair shops;
(7) a motor vehicle junkyard or an organization that represents one or more motor vehicle junkyards;
(8) at least two environmental organizations that specialize in waste reduction and recycling;
(9) a representative of the energy storage industry; and
(10) an electric vehicle battery manufacturer.
On or before July 1, 2025, the Electric Vehicle Battery Recycling Commission shall submit a report and policy recommendations to the general court aimed at ensuring that as close as possible to 100 percent of electric vehicle batteries in the commonwealth are reused or recycled at end-of-life in a safe and cost-effective manner. The policy recommendations shall reflect entire lifecycle considerations for electric vehicle batteries, including, but not limited to, opportunities and barriers to the reuse of those batteries as energy storage systems after they are removed from the vehicle, opportunities to the extend the life of those batteries, best management considerations for those batteries at end-of-life, and the overall effect of different management practices on the environment. In developing the policy recommendations, the advisory group shall consider both in-state and out-of-state options for the recycling of electric vehicle batteries and the possibility of establishing an extended producer responsibility program for electric vehicle batteries.
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An Act relative to a municipality’s right of first refusal of agricultural and recreational land
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S45
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SD1598
| 193
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{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-17T14:53:13.333'}
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[{'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-01-17T14:53:13.3333333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-10-10T09:15:48.9766667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S45/DocumentHistoryActions
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Bill
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By Mr. Moore, a petition (accompanied by bill, Senate, No. 45) of Michael O. Moore for legislation relative to a municipality’s right of first refusal of agricultural and recreational land. Agriculture.
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SECTION 1. Section 14 of chapter 61A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the figure “120”, each time it appears, and inserting in place thereof, in each instance, the following figure:- 180.
SECTION 2. Said section 14 of said chapter 61A, as so appearing, is hereby further amended by striking out the figure “90”, the first and second time it appears, and inserting in place thereof, in each instance, the following figure:- 120.
SECTION 3. The sixteenth paragraph of said section 14 of said chapter 61A, as so appearing, is hereby further amended by adding the following sentence:- The landowner shall respond no later than 30 days after having received the purchase and sale contract.
SECTION 4. The twenty-third paragraph of said section 14 of said chapter 61, as so appearing, is hereby further amended by adding the following sentence:- The city or town shall not be required to exercise the option to purchase any property not classified under this chapter.
SECTION 5. Section 9 of chapter 61B of the General Laws, as so appearing, is hereby amended by striking out the figure “120”, each time it appears, and inserting in place thereof, in each instance, the following figure:- 180.
SECTION 6. Said section 9 of chapter 61B, as so appearing, is hereby further amended by striking out the figure “90”, the first and second time it appears, and inserting in place thereof, in each instance, the following figure:- 120.
SECTION 7. The sixteenth paragraph of said section 9 of said chapter 61B, as so appearing, is hereby amended by adding the following sentence:- The landowner shall respond no later than 30 days after having received the purchase and sale contract.
SECTION 8. The twenty-fourth paragraph of said section 9 of said chapter 61B, as so appearing, is hereby amended by adding the following sentence:- The city or town shall not be required to exercise the option to purchase any property not classified under this chapter.
SECTION 9. 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 ensure a municipality’s option to preserve certain lands, 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 to reduce plastic packaging waste
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S450
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SD669
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:36:28.743'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-13T16:36:28.7433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-10T09:15:06.27'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-17T12:48:10.0233333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-03-05T11:09:00.22'}]
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 450) of Cynthia Stone Creem, Carmine Lawrence Gentile, Jason M. Lewis and John F. Keenan for legislation to establish the Sustainable Food Service Ware Act. Environment and Natural Resources.
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SECTION 1. Chapter 21 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following section:
Section 68. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Biodegradable”, entirely made of organic materials such as wood, paper, bagasse or cellulose; or bioplastics that meet the American Society for Testing and Materials D7081 standard.
“Compostable”, bioplastic materials certified to meet the American Society for Testing and Materials standard D6400 or D6868.
“Food establishment”, an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. This includes without limitation restaurants and food trucks.
“Recyclable”, material that can be sorted, cleansed, and reconstituted for the purpose of using the altered form in the manufacture of a new product.
“Reusable”, food service ware that can be used more than once in the same form by a food establishment.
(b) All retail food establishments shall use food service ware that is biodegradable, compostable, recyclable, or reusable for any food prepared or packaged on premises.
(c) The department shall promulgate such rules and regulations as are necessary for the enforcement of this section.
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An Act to establish a grant and loan program for low-noise, low-emissions landscape maintenance equipment
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S451
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SD672
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:55:07.907'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-17T16:55:07.9066667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:51.2433333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S451/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 451) of Cynthia Stone Creem for legislation to establish a grant and loan program for low-noise, low-emissions landscape maintenance equipment. Environment and Natural Resources.
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Chapter 21A of the General Laws is hereby amended by adding the following section:
Section 29. (a) There shall be within the executive office of energy and environmental affairs a grant and loan program to provide incentive funds to small businesses and municipalities to transition landscape maintenance equipment to low-noise, low-emissions equipment.
(b) To be eligible for a grant, small businesses and municipalities shall surrender gas-powered landscape maintenance equipment for a one-for-one replacement with low-noise, low-emissions equipment.
(c) Grant and loan funds awarded pursuant to subsection (a) may be used for:
(1) purchasing electric landscape maintenance equipment;
(2) training landscaping staff on the use and care of electric landscape maintenance equipment;
(3) operational costs that may be accrued through the transition from gas-powered landscape maintenance equipment to electric landscape maintenance equipment; and
(4) any other cost associated with the transition from gas-powered landscape maintenance equipment to electric landscape maintenance equipment, as determined by the secretary.
(e) Loans awarded pursuant to subsection (a) shall carry 0 per cent interest.
(f)(1) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Low-Noise, Low-Emissions Landscape Maintenance Equipment Trust Fund, in this section called the fund. The comptroller shall transfer to the fund an amount no greater than $2,000,000 from the Federal COVID-19 Response Fund established in section 2JJJJJ of chapter 29 for grants and loans to provide incentive funds to small businesses and municipalities to transition landscape maintenance equipment to low-noise, low-emissions equipment and any other federal reimbursements, grants, premiums, gifts, interest or other contributions from any source received that are specifically designated to be credited to the fund. The secretary shall be the trustee of the fund and may expend amounts from the fund without further appropriation.
(2) Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year.
(3) The secretary shall report annually, on or before August 1, to the house and senate committees on ways and means and the senate and house chairs of the joint committee on environment, natural resources and natural resources regarding expenditure activity within the trust fund.
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An Act establishing the Municipal Reforestation Program
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S452
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SD1214
| 193
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{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:00:03.1'}
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[{'Id': 'CSC0', 'Name': 'Cynthia Stone Creem', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CSC0', 'ResponseDate': '2023-01-19T12:00:03.1333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-25T13:02:22.8666667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-06T17:12:14.4533333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-06T12:40:04.0366667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T17:04:53.8566667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T15:46:42.4366667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T17:13:08.6633333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-15T14:55:57.8866667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T12:48:19.0233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T13:14:56.9233333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-03-02T11:37:41.9233333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-16T14:45:43.8966667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-16T14:45:43.8966667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-03-22T12:16:53.0666667'}, {'Id': 'JCV0', 'Name': 'John C. Velis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCV0', 'ResponseDate': '2023-04-11T17:44:03.8666667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T10:56:01.19'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-04-13T11:59:03.2866667'}, {'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-04-13T11:59:03.2866667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-04-19T09:58:57.8233333'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-07-05T09:58:26.2133333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-07-20T14:41:07.93'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-10-13T13:38:51.98'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S452/DocumentHistoryActions
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Bill
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By Ms. Creem, a petition (accompanied by bill, Senate, No. 452) of Cynthia Stone Creem, Patrick M. O'Connor, Steven Owens, Jack Patrick Lewis and other members of the General Court for legislation to establish the municipal reforestation program. Environment and Natural Resources.
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SECTION 1. Chapter 21A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 28. (a) There shall be established an advisory council under the executive office of energy and environmental affairs, known as the urban forest advisory council. Members shall be appointed by the secretary from public, private, and nongovernmental organizations with expertise in urban forestry, ecology, arboriculture, landscape architecture, green infrastructure, demand-side energy efficiency management, and climate change resilience and mitigation. Such members may include representatives from the following: (i) municipal arboriculture or tree warden associations; (ii) arboriculture or nursery industry associations; (iii) urban landscape architecture associations; (iv) demand-side energy efficiency management organizations; (v) green infrastructure and climate change resilience and mitigation organizations; (vi) nonprofit organizations with experience in planting trees; (vii) environmental organizations with expertise in energy conservation, energy efficiency, or green infrastructure building practices; (viii) local affordable housing or community development organizations; (ix) workforce development programs; (x) municipal departments of public works responsible for roads, water mains, sewers, and utility infrastructure; (xi) researchers with expertise in data collection related to natural resources, energy management, and climate change indicators; (xii) gas companies; (xiii) electric distribution companies; (xiv) nonprofit transportation organizations with expertise in clean transportation; (xv) nonprofit organizations with expertise in municipal finance; (xvi) the Metropolitan Area Planning Council, other regional planning agencies, and the Massachusetts Municipal Association; (xvii) small business associations; (xviii) organized labor associations; (ix) municipal tree committees; (xx) officials from the department of conservation and recreation, the department of environmental protection, and the department of transportation; (xxi) agricultural high schools; (xxii) federally recognized and state acknowledged tribes within the commonwealth; and (xxiii) the University of Massachusetts Amherst Center for Agriculture, Food, and the Environment. At least one member of the advisory council shall have a background in ecology and knowledge of native trees in urban settings.
(b) (1) The secretary shall convene the council to provide advice and technical assistance to participating municipalities, tree-planting organizations, municipal arborists, state foresters, gas and electric companies, and the department of transportation to ensure sufficient technical and ecological expertise and oversight in the implementation of the municipal reforestation program, pursuant to chapter 21P. The council shall use science-based guidelines to determine urban tree canopy cover, for siting trees and to determine optimum native tree species to ensure adequate root development and to achieve maximum reduction in consumer energy demand and removal of greenhouse gas emissions while causing minimal disruption to public infrastructure. The council shall develop guidelines to the secretary for approving plans submitted by municipalities pursuant to chapter 21P, and shall advise the secretary on the merits of such plans, including recommendations for improvement and approval. The council shall develop and disseminate model tree retention ordinances and by-laws and other model ordinances and by-laws that result in the preservation and expansion of tree canopy and make them available to public on the website of the executive office of energy and environmental affairs. The secretary shall provide such resources, expertise, and administrative support as necessary for the advisory council to carry out its duties and responsibilities.
(2) The technical advice provided by the advisory council shall include, but is not limited to: (i) approved tree lists, prioritizing the use of hardy, noninvasive and native tree species that can thrive in the urban environment and the changing climate, and native tree species and their cultivars that are most beneficial to local pollinator and bird species; (ii) specifications for planting, installation, and maintenance, including guidelines for planting trees, size and species of trees, soil volume and supplements, and minimum distances between newly planted trees and existing infrastructure, including utility infrastructure; (iii) instructions for sufficient watering and for long-term maintenance to be provided by recipients of trees to ensure survival of such trees; (iv) technical planning assistance to municipalities and tree-planting organizations; (v) procedures for inspection and quality control, including inspection for pests and diseases; (vi) procedures for monitoring and collecting data on tree health and survival; (vii) procedures for collecting data on energy conservation and climate mitigation benefits from the municipal reforestation program; (viii) recommendations for workforce development and job training programs on planting, maintenance, and preservation of urban forests, including collaboration with secondary and higher education vocational programs; and (ix) any other technical advice as required by the secretary, in consultation with the department of environmental protection, the department of conservation and recreation, the department of public utilities, and the department of transportation.
(c) The secretary and the urban forest advisory council, in consultation with the department of environmental protection shall develop quantitative and qualitative measures, using the best available scientific metrics and technology. for valuing the contribution that an urban tree canopy cover makes to: mitigating climate change, including carbon sequestration and other reductions of greenhouse gas emissions; energy conservation; reduction of the heat island effect; storm water management; drought mitigation; air quality improvement; benefits to human health; and ecological benefits to local pollinator and bird species. Such measures may be updated as necessary to reflect current scientific research.
SECTION 2. The General Laws are hereby amended by inserting after chapter 21O the following chapter:-
CHAPTER 21P
MUNICIPAL REFORESTATION PROGRAM
Section 1. (a) As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:-
“Participating municipality”, each municipality in the commonwealth except those with both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent; provided, that a municipality with both a population of fewer than 10,000 residents and tree canopy cover of at least 60 percent shall have the option to become a participating municipality by a majority vote of the city or town council, by a majority vote of the board of selectmen or by resolution of its legislative body, as may be appropriate; and provided further, that a federally recognized or state acknowledged tribe within the commonwealth shall have the option to be considered a participating municipality by a majority vote of its tribal council or by resolution of its legislative body, as may be appropriate.
“Plan”, the municipal reforestation plan.
“Program”, the municipal reforestation program.
“Secretary”, the secretary of energy and environmental affairs.
“Urban tree canopy cover”, the surface area of the land covered by the combined leaves, branches, and trunks of all standing trees in a given area when viewed from above.
(b) (1) The secretary, in consultation with the secretary of transportation, shall establish a municipal reforestation program to allow participating municipalities access to funding and technical assistance to plant and replace trees as well as maintain and preserve healthy trees within the borders of their communities.
(2) The purpose and goals of the program include, but are not limited to: (i) removing carbon dioxide emissions from the transportation sector within the municipalities of the commonwealth through carbon sequestration provided by trees; (ii) improving public health by mitigating harmful effects of excessive heat and cold; (iii) improving air quality by reducing levels of particulate pollution in neighborhoods with low urban tree canopy cover; (iv) strengthening climate resilience by strategically incorporating trees into urban green infrastructure projects; (v) promoting community, economic, and workforce development by incorporating green infrastructure into municipal transportation infrastructure and community planning; (vi) recognizing trees as a key state-wide investment in transportation infrastructure and workforce development in order to meet the mandates pursuant to chapter 21N; (vii) prioritizing the inclusion of green, sustainable infrastructure in the development of transportation infrastructure; (viii) prioritizing the expansion and preservation of the urban tree canopy cover in environmental justice neighborhoods, including expanding parks and open spaces; (ix) providing equitable access to funding for rural and urban neighborhoods for opportunities to develop green infrastructure; (x) maintaining the health of newly planted and existing trees in the urban environment by providing funding for maintenance and for inspection for invasive pests and diseases; (xi) reversing the local decline in biodiversity by planting native trees and their cultivars that are essential to the survival and maintenance of local pollinator and bird species (xii) prioritizing the expansion and preservation of the urban tree canopy cover in municipalities to achieve a tree canopy cover of at least 60 percent, where feasible.
Section 2. (a) The urban forest advisory council, pursuant to section 28 of chapter 21A, in consultation with the secretary of energy and environmental affairs, the secretary of transportation, and the secretary of administration and finance, shall establish a formula for the disbursement of funding for the program to each participating municipality in the commonwealth. Variables and weighted proportions of the formula shall include, but not be limited to: (i) the total number of road mileage within the participating municipality; (ii) the total population of the participating municipality; (iii) the total number of employed individuals within the borders of the participating municipality; (iv) the number of environmental justice criteria the participating municipality meets, as determined by the executive office of energy and environmental affairs’ environmental justice policy; and (v) the percentage of urban tree canopy cover with a greater weighted calculation provided for neighborhoods within a participating municipality having a tree canopy cover of 20 percent or less.
(b) All costs incurred by the secretary and the participating municipalities for the planning, implementation and maintenance of the program shall be covered by section 3 of this act. Funds shall be annually distributed to each municipality, pursuant to said section 3, no later than August 1st and shall take effect 3 years following enactment of this act.
(c) Each participating municipality shall report annually to the secretary on the status of the plan and the projects that were completed within the fiscal year and the plans for the following year.
Section 3. (a) (1) Each participating municipality shall develop a municipal reforestation plan within 3 years following enactment of this of act, appropriate to the size and needs of the municipality. In developing a plan, participating municipalities shall follow the guidelines developed by the urban forest advisory council established under section 28 of chapter 21A and any other guidelines as determined necessary by the secretary. Participating municipalities may solicit the technical advice and assistance from: the urban forest advisory council; the department of transportation; the department of conservation and recreation; the department of environmental protection; nonprofit tree-planting organizations; local environmental, sustainability, and pollinator pathway organizations with knowledge of native trees; and nonprofit transportation organizations; provided, however that such technical advice and assistance is consistent with the guidelines developed by the urban forest advisory council. The secretary shall make available other resources as needed by a participating municipality to facilitate the development of its plan at no additional cost to the participating municipality. The plan created by a participating municipality shall be broken down into projects to be completed by the participating municipality and shall follow the project completion prioritization requirements of this section.
(2) The plan shall include, but not be limited to: (i) an inventory of the participating municipality’s existing tree canopy cover, using established scientific protocols for determining tree canopy cover, such as geographical information systems; (ii) an analysis to determine the optimal sites for planting trees to achieve the goals the program, using established scientific protocols for site selection; (iii) the current condition of the tree canopy cover of the neighborhood where the projects will be located; (iv) how the tree species proposed to be planted are suitable for the specific sites taking into account local environmental conditions and the preference for native tree species and their cultivars; (v) the expected benefits from expansion of the tree canopy cover on energy consumption, the heat island effect, wind reduction, storm water runoff, drought mitigation, and other consequences related to climate change; (vi) the expected benefits from expansion of the tree canopy cover on public health; (vii) plans to maintain and provide follow-up care following the planting of trees; (viii) plans to engage community residents in the planting and maintenance of the trees, including workforce development programs; (viiii) the relationship of the project to any municipal vulnerability preparedness program; (x) plans to promote the preservation of existing tree canopy; (xi) a timeline for completion for each project within the plan while ensuring equitable project prioritization of projects for environmental justice neighborhoods when attainable; (xii) certification that tree pits are free of methane leaking from gas pipeline infrastructure; and (xiii) any other information as may be required by the secretary. Plans shall be submitted to the secretary to be certified ensuring the plans meet the required criteria of this section.
(3) Trees planted under a certified plan may be planted in public rights of way, public parks, and on private residential and commercial property, provided that priority for project completion shall be given to: (i) sites in neighborhoods with low tree canopy cover with first priority given to sites with less than 20 percent tree canopy cover; (ii) sites in neighborhoods with levels of particulate pollutants above the levels determined by the department of environmental protection and the department of public health to be hazardous to human health; (iii) sites in environmental justice neighborhoods; (iv) neighborhoods that are deemed to be heat islands; and (v) locations where passengers wait at public transit stations and bus stops and designated cool corridors for walking and bicycling. Second priority shall be given to sites with less than 40 percent tree canopy cover. Third priority shall be given to sites with less than 60 percent tree canopy cover and to sites with any other criteria determined by the secretary, in consultation with the department of environmental protection, the department of conservation and recreation, and the department of transportation. To achieve optimal tree canopy cover, trees may be planted by a participating municipality on private residential and commercial property using funds allocated under sections 2 and 3 of this act, provided, however that the cost of maintenance for such trees shall be the responsibility of the owner of such property, through written agreement between the owner of the property and the participating municipality as a condition of such owner receiving the trees.
(4) Participating municipalities shall update their plans for recertification every 5 years. In order to revise a certified plan prior to the next recertification, a participating municipality shall submit the proposed revisions to the executive office of energy and environmental affairs for approval and recertification by the secretary. The secretary may seek technical advice for reviewing such proposed revisions from the secretary of transportation and the urban forest advisory council established under section 28 of chapter 21A.
Section 4. (a) Beginning 3 years following the enactment of this act, each participating municipality shall annually submit to the secretary for approval a summary of the projects to be completed from the participating municipality’s reforestation plan within the next fiscal year and a plan for the next 4 fiscal years.
(b) The total costs of the projects shall include: (i) the cost of purchasing trees appropriate for the selected sites, including trees purchased as part of a purchasing agreement pursuant to subsection (c) of this section; (ii) the cost of planting trees; (iii) the cost of preparing the sites where trees are to be planted; (iv) the cost of infrastructure to create adequate tree pits and planting conditions, including but not limited to, water collection and water retention technologies; (v) the cost of making reasonable modifications to adjoining infrastructure; (vi) the cost of labor; (vii) the cost of community outreach and recruitment of volunteers, including any stipends provided to volunteers who agree to care for public shade trees in their neighborhoods; (viii) the cost of necessary machinery used to plant trees; (ix) the cost of maintaining trees planted under the plan, including sufficient watering and monitoring of trees planted on public rights of way, public parks, and other public property; (x) the cost for subcontractors to perform work that the applicant demonstrates to be beyond its capacity to perform; (xi) reasonable administrative costs incurred by a participating municipality in planning and implementing the project and in follow-up maintenance of the trees; and (xii) other reasonable costs as determined by the secretary. Upon the request of a participating municipality and where cost effective, the department of conservation and recreation may provide oversight project management for a project.
(c) Certified projects intending to use funding allocated under subsection (b) of section 2 of this chapter shall not exceed the participating municipality’s total funding allocation for the fiscal year.
(d) If a participating municipality submits projects for the fiscal year that exceed the participating municipality’s total funding allocation under subsection (b) of section 2 of this chapter, the secretary may certify such projects if the participating municipality submits the corresponding required financial forms, as determined by the secretary, indicating that the participating municipality has the difference of the costs of the projects acquired through cash or in-kind contributions from the participating municipality, individuals, nonprofit organizations, corporations, or other entities.
(e) Funding from public or private sources as authorized by section 9 of chapter 21A may be acquired by the secretary to finance projects to expand urban forests and the municipal reforestation program. The secretary shall seek any federal funding that is available to support urban forests and the municipal reforestation program and the urban forest advisory council shall assist municipalities, nonprofit organizations, regional planning agencies, and other eligible entities in identifying and applying for any federal funding that is available to support urban forests and the municipal reforestation program.
(f) Participating municipalities, when feasible, shall prioritize purchasing trees that are planted for projects financed under their municipal reforestation plans from nurseries located in the commonwealth. A participating municipality may enter into a purchasing agreement with another participating municipality, a regional group of participating municipalities, a regional planning agency, or with the department of conservation and recreation to purchase in bulk trees to be planted under their municipal reforestation plans and other tree planting programs under the authority of the department of conservation and recreation; provided, however, that the trees purchased through any agreement come at a reduced cost for all entities.
(g) A participating municipality may enter into an agreement with another participating municipality, a regional group of participating municipalities, or a regional planning agency to jointly develop and implement their municipal reforestation plans, including sharing personnel or equipment or jointly contracting with another entity to perform work that the participating municipalities demonstrate to be beyond their capacity to perform.
Section 5. The secretary shall report annually, no later than October 1, on the results achieved by the municipal reforestation program to the governor and to the clerks of the house of representatives and the senate, who shall forward such report to the president of the senate, the speaker of the house of representatives, and the chairs of the house and senate committees on ways and means.
Section 6. The secretary may promulgate such rules and regulations as are necessary to administer this chapter.
SECTION 3. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 2QQQQQ the following section:-
Section 2RRRRR. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Municipal Reforestation Trust Fund, to be expended, without further appropriation, by the secretary of energy and environmental affairs for the municipal reforestation program established in chapter 21P and the urban forest advisory council established in section 28 of chapter 21A. The trust fund shall be credited with: (i) any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited thereto; (ii) funds from public and private sources and other gifts, grants and donations; and (iii) any income derived from the investment of amounts credited to the trust fund. All amounts credited to the trust fund shall be held in trust and used solely for activities and expenditures consistent with the public purpose of the trust fund and the ordinary and necessary expenses of administration and operation associated with the trust fund. All available monies in the trust fund that are unexpended at the end of each fiscal year shall not revert to the General Fund, shall be available for expenditure in the subsequent fiscal year, and shall not be subject to section 5C.
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An Act relative to funding water infrastructure and addressing economic target areas
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S453
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SD462
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:03:04.707'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:03:04.7066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S453/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 453) of Brendan P. Crighton for legislation to fund water infrastructure and addressing economic target areas. Environment and Natural Resources.
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SECTION 1. Chapter 29 of the general laws, as appearing in the 2020 Official Edition, shall be amended after section 2VVVV, by inserting the following new section:-
Section 2WWWW. There shall be a Commonwealth Water Infrastructure Trust Fund. The commissioner of the department of revenue shall be the trustee of the fund and shall expend money in the fund to address the Commonwealth’s water infrastructure needs. There shall be credited to the fund: (i) any fee assessment collected pursuant to section two of this act; and (ii) any interest earned on money in the fund. Amounts credited to the fund shall be expended by the commissioner pursuant to subsection (a) without further appropriation. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(a) The department of revenue shall: (i) proportionately distribute, for the improvement of water infrastructure within that city or town, fifty percent (50%), of the amount received from the fund to a city or town based on the amount of the additional fees collected in accordance with section 2 of this act by a city or town from the previous calendar year; (ii) distribute forty percent (40%) of the amount collected to the Massachusetts Clean Water Trust established in chapter 29C of the General Laws to provide financial assistance in the funding of water infrastructure projects or any other purpose authorized under chapter 29C; (iii) distribute five percent (5%) of the amount collected to the department of environmental protection to implement an economic target area water infrastructure initiative in accordance with section 3 of this act and (iv) distribute five percent (5%) of the amount collected to the department of revenue for administration and enforcement of this act.
(b) Annually, a city or town receiving funds from the Commonwealth Water Infrastructure Trust Fund shall submit a report to the commissioner of the department of revenue not later than December 31 detailing the water infrastructure-related projects and the amount of funds used, or planned to be used, for water infrastructure-related projects funded, in whole or part, from the Commonwealth Water Infrastructure Trust Fund. The commissioner shall compile the reports and post the projects and amounts of money used on the website of the department and forward a copy of the same to the Massachusetts Clean Water Trust.
SECTION 2. Section 22F of the Chapter 40 of the general laws, as appearing in the 2020 official edition, is hereby amended by inserting at the end thereof the following paragraph:-
Each city or town that charges a fee for a permit to connect to the municipality’s water or sewer services shall collect an additional $250 for a residential property connection and an additional $1,000 for a commercial or industrial property connection, apart from the municipality’s established fee for such service, to be deposited in the Commonwealth Water Infrastructure Fund.
SECTION 3. Notwithstanding any general or special law to the contrary, the department of environmental protection, in consultation with the executive office of housing and economic development, shall create an initiative to specifically work with municipalities with economic target areas in addressing their water infrastructure needs. The initiative shall include direct outreach to municipalities for purposes of assisting with the development of strategies to coordinate and plan for the upgrading of water infrastructure resources. As used in this section, “economic target area” shall be used in the same manner as applied in Mass. Gen. Laws ch. 23A, 3G.
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An Act establishing a special commission to study the noise effects of hunting migratory game birds in neighborhoods and communities within established coastal zones
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S454
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SD478
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T17:06:34.553'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T17:06:34.5533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S454/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 454) of Brendan P. Crighton for legislation to establish a special commission to study the noise effects of hunting migratory game birds in neighborhoods and communities within established coastal zones. Environment and Natural Resources.
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SECTION 1. There is hereby established a special commission to study the noise effects of hunting migratory game birds in neighborhoods and communities located in established coastal zones.
SECTION 2. The commission shall study and assess the impacts, specific to noise, that persons hunting migratory game birds from a water craft have on the residents of neighborhoods and communities immediately located within the coastal zones established by the Department of Fish and Games. The commission shall also study the regulated distance that a person hunting from a water craft is required to be located from land to determine if this amount needs to be increased.
SECTION 3. The commission shall consist of a member of the Senate appointed by the President of the Senate; a member of the House of Representatives appointed by the Speaker of the House of Representatives; a member of the Senate appointed by the Senate Minority Leader; a member of the House of Representatives appointed by the House Minority leader; the Secretary of the Executive Office of Energy and Environmental Affairs or his designee who shall serve as Chairman of the commission; the Commissioner of the Department of Fish and Game or his designee; The Commissioner of the Massachusetts Department of Revenue or his designee; a representative from the sports hunting industry to be appointed by the Commissioner of the Department of Fish and Game; The members of the commission shall be appointed not later July 3, 2023.
SECTION 4. The commission shall hold public meetings in Newburyport, Nahant, Marshfield and Cape Cod to assist in the collection and evaluation of data and testimony.
SECTION 5. The commission shall prepare a written report detailing its findings and recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect. The commission shall submit its report to the governor, the secretary of the commonwealth, the Senate President and Speaker of the House, the Chairmen of the Joint Committee on Natural Resources, the House and Senate Chairman of the Ways and Means Committees, the Chairmen of the Joint Committee on Revenue, and the Chairmen of the Joint Committee on Tourism, Arts and Cultural Development not later than December 31, 2023.
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An Act addressing noise issues of migratory game hunters near coastal dwellings
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S455
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SD480
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T17:07:50.007'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T17:07:50.0066667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S455/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 455) of Brendan P. Crighton for legislation to address noise issues of migratory game hunters near coastal dwellings. Environment and Natural Resources.
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SECTION 1. Section 58 of chapter 131 of the General Laws is hereby amended by inserting the following words after "thereof.":-
"Provided further that any persons hunting migratory game birds from a watercraft or any boat or floating device propelled by sail, steam, naphtha, gasoline, electricity, compressed air or similar motive power, shall not discharge any firearm within one thousand feet of the coastal shoreline."
SECTION 2. Section 65 of chapter 131 of the General Law is hereby amended by inserting the following words after "blind":- ", provided further that any water craft used for said hunting purposes shall not be within one thousand feet of the coastal shoreline;"
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[]
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An Act to facilitate climate resiliency
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S456
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SD955
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:09:40.43'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-16T15:09:40.43'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-27T15:53:20.43'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-27T15:53:20.43'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T14:17:55.8333333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T15:25:02'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-24T12:59:49.2666667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-24T12:59:49.2666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-06T14:08:04.1833333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-23T13:45:16.13'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S456/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 456) of Brendan P. Crighton, Angelo J. Puppolo, Jr., Marc R. Pacheco, Jack Patrick Lewis and other members of the General Court for legislation to facilitate climate resiliency. Environment and Natural Resources.
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SECTION 1. Section 18C(a) of Chapter 91 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 9 by striking out the word “section” and replacing it with the word “subsection”.
SECTION 2. Said section is hereby further amended by inserting after subsection (k) the following section: “(l) Notwithstanding any general or special law to the contrary, the department shall issue a general license authorizing any publicly beneficial climate resiliency project that is designated by a conservation commission, selectmen or mayor under MGL c.131 S. 40.”
SECTION 3. Section 40 of Chapter 131 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding in the first paragraph, prior to the word “electric”, the words “climate resiliency protection”.
SECTION 4. Said section, as so appearing, is hereby further amended in line 231 by inserting after the words “coastal engineering structures,” the following words:- “climate resiliency protection projects,”
SECTION 5. Said section is hereby further amended in line 270 by inserting the following after the word “therewithin”:- “In the case of a publicly beneficial climate resiliency project in support of flood control and storm damage prevention, where temporary or permanent loss of a resource area and/or the conversion of one resource area to another is necessary to the achievement of the project’s resiliency goals, such conditions shall not include a requirement to minimize or mitigate through replication the loss of resource areas. Projects designated by the conservation commission, selectmen, or mayor as publicly beneficial climate resiliency projects shall be eligible for a general permit under a procedure to be established by the Department paralleling that available for ecological restoration projects.”
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[]
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[]
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An Act to accelerate and streamline wetlands restoration
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S457
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SD1206
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T11:33:28.19'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-19T11:33:28.19'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-02-08T15:21:41.89'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T15:21:41.89'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T15:21:41.89'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-08T19:07:52.0666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T11:53:21.0233333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-03-13T14:05:41.7066667'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-03-23T13:45:01.2166667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-30T10:11:28.3266667'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S457/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 457) of Brendan P. Crighton, Michael O. Moore, Jacob R. Oliveira, Thomas M. Stanley and other members of the General Court for legislation to accelerate and streamline wetlands restoration. Environment and Natural Resources.
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Notwithstanding any special or general law to the contrary, the secretary of energy and environmental affairs shall undertake a Wetlands Restoration Streamlining Initiative to coordinate permitting pathways in support of innovative, nature-based, wetlands restoration projects.
The secretary shall designate a coordinator to lead the Initiative. The coordinator shall engage and organize state agencies including, but not limited to, the environmental policy act office, department of environmental protection, office of coastal zone management, division of fisheries and wildlife, natural heritage and endangered species program, division of marine fisheries, and division of ecological restoration, and any relevant federal agencies, to: (a) expedite nature-based wetlands restoration projects and coordinate permits for such projects; (b) align regulatory processes with the commonwealth’s climate mitigation, adaptation, and resiliency goals; (c) create a streamlined agency project review process; (d) expedite interagency permitting efforts; (e) limit the trial time of nature-based restoration techniques that have established standards or credible evidence showing benefit and manageable risk; and (f) provide technical assistance and support to state, nonprofit and municipal project proponents to expedite the permitting process to restore wetlands.
The coordinator shall also consult experts including academic and practitioner scientists, municipalities, environmental nonprofits, state and federal agencies, and staff administering state resiliency and ecological restoration programs to identify permitting and funding challenges and solutions to streamline and accelerate nature-based restoration projects.
The coordinator shall only support nature-based solutions projects as defined by section 1 of chapter 21N.
In consultation with experts and state agencies, the coordinator shall make the following recommendations: (a) regulatory reforms for nature-based wetlands restoration projects; (b) funding opportunities to address financial barriers and inequities created by state permitting requirements; and, if necessary, (c) recommendations for legislation to authorize such reforms. Reforms may include, but are not limited to, the promulgation of policies, guidelines, waivers, exemptions, and general permits for specific techniques; the clarification and improvement of regulatory definitions; and the adjustment of thresholds and size limits for landscape-scale projects. Reforms shall include a recommendation for a general, unified permitting process for categories of wetlands restoration, including both coastal and freshwater wetlands, designed to enable state permitting to be completed within three months of submission of a complete application.
Not later than 90 days after passage of this act, the coordinator shall ensure agency staff have been identified and convened and shall address delays in pending permit applications for salt marsh restoration projects. Not later than 180 days after passage of this act, the coordinator shall produce draft proposals for stakeholders and agency staff, which shall include technical clarifying definitions and interpretations. Not later than 12 months after the passage of this act, the coordinator shall submit final recommendations to the secretary, the house and senate committees on ways and means, and the joint committee on environment, natural resources, and agriculture.
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An Act to promote nature-based approaches for resiliency and climate change adaptation throughout the Commonwealth
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S458
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SD2402
| 193
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{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T16:49:26.48'}
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[{'Id': 'BPC0', 'Name': 'Brendan P. Crighton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BPC0', 'ResponseDate': '2023-01-20T16:49:26.48'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T15:24:05.6333333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-02-14T11:52:49.99'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-18T12:47:45.7533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S458/DocumentHistoryActions
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Bill
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By Mr. Crighton, a petition (accompanied by bill, Senate, No. 458) of Brendan P. Crighton, Kay Khan and Nick Collins for legislation to promote nature-based approaches for resiliency and climate change adaptation throughout the Commonwealth. Environment and Natural Resources.
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SECTION 1. Notwithstanding any special act, law or regulation to the contrary, research activities and demonstration projects related to Nature-Based Approaches and implementation of Nature-Based Approaches, specifically designed to study or demonstrate the efficacy of Nature-Based Approaches and systems designed to enhance wave and energy attenuation, or mimic natural systems for the sole purpose of developing resiliency strategies and implementing Nature-Based Approaches, may be reviewed and approved in a timely manner by the authorities with jurisdiction over said activities, conditioned as appropriate, with the discretion to waive any and all performance and regulatory standards, provided that protections are upheld for Indigenous groups and cultural and historic resources, in order to fulfill the goal of conducting research and demonstration projects to inform future resiliency strategies and to implement Nature-Based Approaches throughout the Commonwealth. Demonstration projects shall consider protections for underserved communities and environmental justice populations when designing and implementing said projects.
SECTION 2. This Act shall sunset five years from the date it is enacted.
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[]
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[]
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[]
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An Act relative to right of entry to prevent environmental violations
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S459
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SD865
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:07:14.503'}
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[{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-18T15:07:14.5033333'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-02-22T13:01:51.17'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S459/DocumentHistoryActions
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Bill
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By Mr. Cronin, a petition (accompanied by bill, Senate, No. 459) of John J. Cronin and Julian Cyr for legislation relative to right of entry to prevent environmental violations. Environment and Natural Resources.
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SECTION 1. Section 150A of the Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first sentence in the twenty-first paragraph the following sentences:- Personnel or authorized agents of the department may at all reasonable times enter any premises, public or private, for the purpose of investigating, sampling or inspecting any records, condition, equipment, practice or property relating to activities subject to this section, and may at any time enter such premises for the purpose of protecting the public health or safety, or to prevent damage to the environment. For the purposes of such entries no warrant shall be required provided, however, that upon demand by the owner or person in control of such premises, a warrant authorizing such entry and inspection shall be sought after such demand. Any court, judge, or justice authorized to issue warrants in criminal cases may issue such warrants.
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[]
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[]
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An Act relative to the Farm Technology Review Commission
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S46
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SD1719
| 193
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{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:37:27.117'}
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[{'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-01-17T19:37:27.1166667'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-01-19T19:51:23.9666667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-15T09:50:20.2733333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-15T16:58:32.5266667'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-15T16:58:32.5266667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T14:01:08.7533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S46/DocumentHistoryActions
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Bill
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By Ms. Moran, a petition (accompanied by bill, Senate, No. 46) of Susan L. Moran, William M. Straus, Michael D. Brady, Mathew J. Muratore and other members of the General Court for legislation relative to the Farm Technology Review Commission. Agriculture.
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Notwithstanding any general or special law to the contrary, the Executive Office of Energy and Environmental Affairs shall reorganize the Farm Technology Review Commission established by section 11 of chapter 310 of the Acts of 2008. The reorganized commission shall consist of 15 members: 1 of whom shall be the commissioner of the department of agricultural resources or his designee, who shall serve as chairman; 1 of whom shall be the commissioner of the department of environmental protection or designee; 1 of whom shall be the commissioner of the department of revenue or his designee; 1 of whom shall be the commissioner of the department of public health or his designee; and 11 of whom shall be appointed by the Governor, 1 of whom shall be a representative from the Massachusetts technology collaborative, 1 of whom shall be a dairy farmer who is licensed as a producer dealer, 1 of whom shall be a dairy farmer who represents the Massachusetts association of dairy farmers, 1 of whom shall be a dairy farmer who represents the Massachusetts cooperative of milk producers federation, 1 of whom shall be a representative of the Massachusetts Farm Bureau Federation, 1 of whom shall be a representative of the Cape Cod Cranberry Growers’ Association, 1 of whom shall be a cranberry grower, and 4 of whom shall be a farmer from additional agricultural sectors. Each member shall serve for a term of 3 years. Any person appointed to fill a vacancy in the office of a member of the commission shall be appointed in a like manner and shall serve for only the unexpired term of the member who vacated. Members shall be eligible for reappointment. Any member may be removed by the governor for cause. Said commission shall meet quarterly or as need be if requested by 6 or more members of the commission.
The commission shall study and recommend options for updating farming technology including, but not limited to, ways to promote energy conservation, collaborative purchasing, purchasing and selling of energy, energy saving technology and alternative options for sustainability and growth. The commission shall, in the course of its study, analyze current regulations and statutes to ensure such regulations and statutes are not impediments to the adoption of farming technology.
The commission shall report to the governor and the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means and the joint committee on the environment, natural resources and agriculture on or before April 1, 2024, and annually thereafter.
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An Act ban on fluoride supplementation of public water supplies
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S460
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SD1815
| 193
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{'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-01-20T08:33:12.153'}
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[{'Id': None, 'Name': 'Karen Spencer', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T08:33:12.1533333'}]
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http://malegislature.gov/api/GeneralCourts/193/Documents/S460/DocumentHistoryActions
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Bill
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By Mr. Cronin (by request), a petition (accompanied by bill, Senate, No. 460) of Karen Spencer for legislation to ban fluoride supplementation of public water supplies. Environment and Natural Resources.
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Strike the “by local boards; advice of commissioner; election; discontinuance” in the title of Chapter 111 Section 8C
Add “ban on community water fluoridation schemes” to the title, so that it reads as follows:
Fluoridation of public water supplies; ban on community water fluoridation schemes
Replace text of existing law (Chapter 111, Section 8C) with the following text:
Based on the robust body of science documenting ill effects from even low-dose fluoride exposure for a significant portion of the population including pregnant women, bottle-fed babies, young children, the elderly and many in fragile health; conflicting federal regulations regarding the use of fluoridation chemicals; the questionable ethics of medicating a portion of the population against their will including those with medical reason to avoid fluoride; and concerns about the biomagnification of fluoridation chemicals and tramp contaminants in our environment, the Commonwealth of Massachusetts bans the addition of any fluoride water products to any and all public water supplies. Existing artificial fluoridation schemes targeting municipal water supplies must be discontinued within ten (10) days of the ratification of this law.
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