Title
stringlengths 11
453
⌀ | BillNumber
stringlengths 2
6
⌀ | DocketNumber
stringlengths 3
6
⌀ | GeneralCourtNumber
float64 193
193
⌀ | PrimarySponsor
stringlengths 98
237
⌀ | Cosponsors
stringlengths 2
22.9k
⌀ | JointSponsor
stringlengths 172
191
⌀ | BillHistory
stringlengths 82
86
⌀ | LegislationTypeName
stringclasses 15
values | Pinslip
stringlengths 49
1.06k
⌀ | DocumentText
stringlengths 53
212k
⌀ | EmergencyPreamble
stringlengths 2
2.1k
⌀ | RollCalls
stringclasses 15
values | Attachments
stringlengths 2
591
⌀ | CommitteeRecommendations
stringlengths 2
18.2k
⌀ | Amendments
stringlengths 2
333k
⌀ |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
An Act prohibiting electronic tracking of motor vehicles
|
H1809
|
HD2076
| 193
|
{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:09:50.21'}
|
[{'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-19T10:09:50.21'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1809/DocumentHistoryActions
|
Bill
|
By Representative Vaughn of Wrentham, a petition (accompanied by bill, House, No. 1809) of Marcus S. Vaughn for legislation to further regulate the tracking of motor vehicles. The Judiciary.
|
Chapter 272 of the General Laws is hereby amended by adding the following section:-
Section 108. (a) As used in this section the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
“Person”, shall not include the manufacturer of the motor vehicle, provider of telematics equipment and services or entities that rent motor vehicles.
“Starter interrupt technology”, technology used to remotely disable the starter of a motor vehicle.
(b) Except as provided in subsection (c), a person who knowingly installs, conceals or otherwise places or uses an electronic tracking device in or on a motor vehicle without the consent of the operator and all occupants of the vehicle for the purpose of monitoring or following the operator, occupant or occupants of the vehicle shall be punished by imprisonment in a house of correction for not more than 1 year, or by a fine of not more than $1,000, or by both.
(c)(1) It shall not be a violation if the installation, concealment, placement or use of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with the applicable state and federal law.
(2) If the installation, concealment, placement or use of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, then the installation, concealment, placement or use of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation, unless the person utilizing the tracking device has an active restraining order or no contact order against them for the protection of any vehicle occupant.
(3) It shall not be a violation of this section if an electronic tracking device is attached to stolen goods for the purpose of tracking the location of the stolen goods, whether or not they may be transported in a vehicle, or if installed, concealed, placed or used in or on a vehicle as a vehicle theft recovery device.
(4) It shall not be a violation of this section if an electronic tracking device, including but not limited to devices also containing technology used to remotely disable the starter of a motor vehicle, is installed or used by a licensed motor vehicle dealer in connection with the credit sale, loan or lease of a motor vehicle with the express written consent of the vehicle’s purchaser, lessor or lessee.
(5) It shall not be a violation of this section if an electronic tracking device is installed or used by a business that is authorized to transact business in this state and the tracking device is used by the business for the purpose of tracking vehicles that are owned or leased by the business and driven by employees of that business, its affiliates or contractors of that business or its affiliates.
(d) This section shall not apply to a tracking system installed by the manufacturer of a motor vehicle, a provider of telematics equipment and services, or installed or used by an entity renting out vehicles, or installed or provided by an insurance company with the vehicle owner’s or vehicle lessee’s permission to monitor driving habits for insurance rating purposes.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to early intervention services for children with prenatal exposure to opioids
|
H181
|
HD777
| 193
|
{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:49:44.77'}
|
[{'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-17T12:49:44.77'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T14:11:11.3466667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:59:23.14'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-22T10:35:23.1666667'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T12:39:41.9833333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H181/DocumentHistoryActions
|
Bill
|
By Representative Haddad of Somerset, a petition (accompanied by bill, House, No. 181) of Patricia A. Haddad and others relative to access to early intervention services for children with prenatal exposure to opioids. Children, Families and Persons with Disabilities.
|
Section 1 of Chapter 111G of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following definitions:-
"Substance-Exposed Newborn", a newborn who was exposed to alcohol or other drugs ingested by the mother in utero, whether or not this exposure is detected at birth through a drug screen or withdrawal symptoms.
"Neonatal Abstinence Syndrome", symptoms and signs exhibited by a newborn due to drug withdrawal, the term used to represent the pattern of effects that are associated with opioid withdrawal in newborns.
Section 2 of Chapter 111G of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
The department shall review and revise the early intervention operational standards to ensure that children under the age of 3, who are diagnosed with Neonatal Abstinence Syndrome and children under the age of 3, who meet the definition of substance-exposed newborns, are deemed categorically eligible for early intervention services until the child's third birthday.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to judgment for alimony
|
H1810
|
HD656
| 193
|
{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-16T12:41:24.777'}
|
[{'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-01-16T12:41:24.7766667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-09T08:41:44.98'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1810/DocumentHistoryActions
|
Bill
|
By Representative Vieira of Falmouth, a petition (accompanied by bill, House, No. 1810) of David T. Vieira and Vanna Howard relative to judgment for alimony. The Judiciary.
|
SECTION 1. Section 34 of chapter 208 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 1, the words “at any time” and inserting in place thereof:- within 1 year.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to petit treason
|
H1811
|
HD2930
| 193
|
{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-18T10:18:41.953'}
|
[{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-18T10:18:41.9533333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-27T15:37:51.92'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1811/DocumentHistoryActions
|
Bill
|
By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 1811) of Tommy Vitolo and Sal N. DiDomenico relative to petit treason. The Judiciary.
|
SECTION 1. Section 1 of Chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the words "Petit treason shall be prosecuted and punished as murder."
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]
|
[]
|
An Act relative to health care proxies
|
H1812
|
HD1218
| 193
|
{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:44:41.14'}
|
[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:44:41.14'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1812/DocumentHistoryActions
|
Bill
|
By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 1812) of Thomas P. Walsh relative to health care proxies. The Judiciary.
|
SECTION 2 of Chapter 201D, of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by inserting at the end of section 2:- The proxy shall remain in effect and not be revoked due to death of the principal until 6 months from the time of the principal has deceased.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the efficient management and operation of the registries of probate
|
H1813
|
HD2402
| 193
|
{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-18T15:54:06.09'}
|
[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-18T15:54:06.09'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T12:50:19.0266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-03-28T22:05:09.8133333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T14:27:46.1366667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-27T16:30:20.1566667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-03-03T10:52:12.0033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-29T14:23:32.3733333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T14:25:07.14'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-01-30T22:56:05.5233333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-25T12:38:05.37'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-01-24T11:40:27.23'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:01:19.0933333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-17T13:01:51.44'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-01-27T14:32:43.8833333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-06-08T16:55:44.74'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-28T12:45:47.4466667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-06-15T11:12:30.46'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-02-13T15:16:24.2166667'}, {'Id': 'JHR1', 'Name': 'John H. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JHR1', 'ResponseDate': '2023-02-14T10:19:53.7466667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-30T19:22:06.0933333'}]
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T16:02:54.133'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1813/DocumentHistoryActions
|
Bill
|
By Representatives Whipps of Athol and Cutler of Pembroke, a petition (accompanied by bill, House, No. 1813) of Susannah M. Whipps, Josh S. Cutler and others relative to the operation of the registries of probate. The Judiciary.
|
SECTION 1. Section 2 of chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting, in line 14, after the word “including” the following words:- the selection, appointment, and management of.
SECTION 2. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 23 in its entirety and inserting in place thereof the following:-
Section 23. The register of the respective courts of the probate and family court department may, with the approval of the chief justice of the probate and family court, appoint for a term of 3 years and may, with the approval of the chief justice, remove a first assistant register of probate. Before entering upon the performance of his duties, a first assistant register shall take the oath prescribed by the constitution. The appointments shall be as follows:
Barnstable, 1 first assistant register
Berkshire, 1 first assistant register
Bristol, 1 first assistant register
Essex, 1 first assistant register
Franklin, 1 first assistant register
Hampden, 1 first assistant register
Hampshire, 1 first assistant register
Middlesex, 1 first assistant register
Norfolk, 1 first assistant register
Plymouth, 1 first assistant register
Suffolk, 1 first assistant register
Worcester, 1 first assistant register.
SECTION 3. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 23A in its entirety and inserting in place thereof the following:-
Section 23A. In addition to the first assistant registers of probate provided for in section 23, the registers of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the probate and family court, appoint for terms of 3 years and may, with the approval of the chief justice, remove assistant registers with the same powers and duties. The appointments shall be as follows:
Barnstable, 2 assistant registers
Berkshire, 1 assistant register
Bristol, 2 assistant registers
Essex, 3 assistant registers
Franklin, 1 assistant register
Hampden, 2 assistant registers
Hampshire, 1 assistant register
Middlesex, 4 assistant registers
Norfolk, 2 assistant registers
Plymouth, 2 assistant registers
Suffolk, 2 assistant registers
Worcester, 2 assistant registers.
SECTION 4. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 23B in its entirety and inserting in place thereof the following:-
Section 23B. The positions of administrative deputy assistant registers are hereby eliminated. Notwithstanding the elimination of these positions or any other general or special law to the contrary, a person employed as an administrative deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to be employed as an administrative deputy assistant register of probate and shall continue to serve in that capacity at the pleasure of the register of probate for that county. The position of administrative deputy assistant shall continue to meet the definitions of both confidential and managerial employees as those terms appear in chapter 150E and any individuals continuing to be employed in that capacity shall perform no official judicial duties.
SECTION 5. Section 23C of chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 15, the number “1” and inserting in place thereof the following number:- 2.
SECTION 6. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 23D in its entirety and inserting in place thereof the following:-
Section 23D. In addition to the judicial case managers of the probate and family court provided for in section 23C, the first justices of the respective courts of the probate and family court department for the following counties may, with the approval of the chief justice of the probate and family court, appoint and may, with the approval of the chief justice, remove assistant judicial case managers with the same powers and duties. The appointments shall be as follows:
Barnstable, 2 assistant judicial case managers
Berkshire, 1 assistant judicial case manager
Bristol, 5 assistant judicial case managers
Essex, 6 assistant judicial case managers
Franklin, 1 assistant judicial case manager
Hampden, 5 assistant judicial case managers
Hampshire, 1 assistant judicial case manager
Middlesex, 8 assistant judicial case managers
Norfolk, 5 assistant judicial case managers
Plymouth, 5 assistant judicial case managers
Suffolk, 5 assistant judicial case managers
Worcester, 6 assistant judicial case managers.
SECTION 7. Section 27A of chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 4, the words “as such assistant”.
SECTION 8. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 28 in its entirety and inserting in place thereof the following:-
Section 28. The first justice of the Suffolk county court may, subject to the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register and shall perform such clerical and other duties as may be required by the first justice. The clerk may be removed by the first justice, with the approval of the chief justice. The Suffolk county register of probate may, with the approval of the chief justice, designate 6 employees as deputy assistant registers with the same powers as assistant registers and may revoke such designation with the approval of the chief justice. Four of the deputy assistant registers shall receive as additional compensation an amount equal to 10 per cent of the annual salary of the Suffolk county register of probate. Two of the deputy assistant registers shall receive as additional compensation an amount equal to 5 per cent of the annual salary of the Suffolk county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Suffolk county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment. The positions of associate deputy registers, previously provided for, are hereby eliminated. Notwithstanding the elimination of these positions or any other general or special law to the contrary, a person designated as an associate deputy register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity and receive the additional compensation of 7.5 per cent of the annual salary of the Suffolk county register of probate, as previously provided by this section prior to its amendment, until they are no longer so designated.
SECTION 29. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29 in its entirety and inserting in place thereof the following:-
Section 9. The first justice of the Middlesex county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register and shall perform such clerical and other duties as may be required by the first justice. The clerk may be removed by the first justice with the approval of the chief justice. The Middlesex county register of probate may, with the approval of the chief justice, designate 9 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Six of the deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Middlesex county register of probate. Three of the deputy assistant registers shall receive as additional compensation an amount equal to 5 per cent of the annual salary of the Middlesex county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to be serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Middlesex county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment.
SECTION 10. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29A in its entirety and inserting in place thereof the following:-
Section 29A. The first justice of the Dukes county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register and shall perform such clerical and other duties as may be required by the first justice, with the approval of the chief justice. The clerk may be removed by the first justice with the approval of the chief justice. The Dukes county register of probate may, with the approval of the chief justice, designate 2 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. One deputy assistant register shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Dukes county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Dukes county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to be serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Dukes county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment.
SECTION 11. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29B in its entirety and inserting in place thereof the following:-
Section 29B. The first justice for the Nantucket county court may, with the approval of the chief justice of the probate and family court, appoint a clerk who may administer the oaths required in probate proceedings that are not prescribed by law to be administered by the judge or register, and shall perform such clerical and other duties as may be required by the first justice, with the approval of the chief justice. The clerk may be removed by the first justice with the approval of the chief justice. The Nantucket county register of probate may, with the approval of the chief justice, designate 2 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. One deputy assistant register shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Nantucket county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Nantucket county register of probate.
SECTION 12. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29C in its entirety and inserting in place thereof the following:-
Section 29C. The register of the Barnstable probate court may, with the approval of the chief justice of the probate and family court, designate 5 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Three deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Barnstable county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Barnstable county register of probate.
SECTION 13. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29D in its entirety and inserting in place thereof the following:-
Section 29D. The register of the Berkshire probate court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant register and with the approval of the chief justice remove a deputy assistant register. Two deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Berkshire county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Berkshire county register of probate.
SECTION 14. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29E in its entirety and inserting in place thereof the following:-
Section 29E. The register of the Hampden probate court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Hampden county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Hampden county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity and shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Hampden county register of probate.
SECTION 15. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29F in its entirety and inserting in place thereof the following:-
Section 29F. The register of the Worcester probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Worcester county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Worcester county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Worcester county register of probate.
SECTION 16. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29G in its entirety and inserting in place thereof the following:-
Section 29G. The register of the Bristol probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive in addition to their salaries as employees, additional compensation in an amount equal to 10 per cent of the annual salary of the Bristol county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Bristol county register of probate.
SECTION 17. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29H in its entirety and inserting in place thereof the following:-
Section 29H. The register of the Hampshire probate and family court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Two deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Hampshire county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Hampshire county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Hampshire county register of probate.
SECTION 18. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29I in its entirety and inserting in place thereof the following:-
Section 29I. The register of the Plymouth probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as assistant registers and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive in addition to their salaries as employees, additional compensation in an amount equal to 10 per cent of the annual salary of the Plymouth county register of probate. Two deputy assistant registers shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Plymouth county register of probate.
SECTION 19. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29J in its entirety and inserting in place thereof the following:-
Section 29J. The register of the Essex probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as an assistant register and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Essex county register of probate. Two deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Essex county register of probate.
SECTION 20. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29K in its entirety and inserting in place thereof the following:-
Section 29K. The register of the Franklin probate and family court may, with the approval of the chief justice of the probate and family court, designate 3 employees as deputy assistant registers with the same powers as an assistant register and with the approval of the chief justice remove a deputy assistant register. Two deputy assistant registers shall receive in addition to his salary as an employee, additional compensation in an amount equal to 10 per cent of the annual salary of the Franklin county register of probate. One deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Franklin county register of probate.
SECTION 21. Chapter 217 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 29L in its entirety and inserting in place thereof the following:-
Section 29L. The register of the Norfolk probate and family court may, with the approval of the chief justice of the probate and family court, designate 6 employees as deputy assistant registers with the same powers as an assistant register and with the approval of the chief justice remove a deputy assistant register. Four deputy assistant registers shall receive additional compensation in an amount equal to 10 per cent of the annual salary of the Norfolk county register of probate. Two deputy assistant register shall receive additional compensation in an amount equal to 5 per cent of the annual salary of the Norfolk county register of probate. Notwithstanding the above, any person designated as a deputy assistant register of probate pursuant to this section as of the effective date of this act shall continue to serve in that capacity, as previously provided by this section prior to its amendment and shall continue to receive 15 per cent of the annual salary of the Norfolk county register of probate until they are no longer so designated, as previously provided by this section prior to its amendment.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to protect employees of DCF
|
H1814
|
HD649
| 193
|
{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-15T11:22:14.463'}
|
[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-15T11:22:14.4633333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-01T14:56:55.9633333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1814/DocumentHistoryActions
|
Bill
|
By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 1814) of Susannah M. Whipps and Christopher Hendricks for legislation to establish penalties for threatening an employee of Department of Children and Families. The Judiciary.
|
Chapter 265 of the General Laws is hereby amended by inserting after section 13M the following section:-
(a) A person shall not by words or conduct knowingly:
(1) threaten an employee of Department of Children & Families; and as a result of the threat, place the other person in reasonable belief of death or serious bodily injury.
(b) A person who violates subsection (a) of this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
(c) A person who violates subsection (a) of this section with the intent to prevent another person from reporting to the Department for Children and Families the suspected abuse or neglect of a child shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to equalize counsel in eviction proceedings
|
H1815
|
HD2951
| 193
|
{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-19T17:47:27.18'}
|
[{'Id': None, 'Name': 'Fred Elliott ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T17:47:27.18'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1815/DocumentHistoryActions
|
Bill
|
By Representative Whipps of Athol (by request), a petition (accompanied by bill, House, No. 1815) of Fred Elliott relative to counsel in eviction summary process proceedings. The Judiciary.
|
SECTION 1: Section 46 of chapter 221 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting at the end of the first sentence of the first paragraph the following:-
and further provided that nothing herein shall prohibit a trust, corporation or limited liability company, whether domestic or foreign, from representing itself in summary process proceedings.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to establish individual standing
|
H1816
|
HD3664
| 193
|
{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-17T19:24:43.107'}
|
[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-17T19:24:43.1066667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-09-12T10:44:47.8433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1816/DocumentHistoryActions
|
Bill
|
By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 1816) of Susannah M. Whipps relative to the right to maintain actions in the Superior Court. The Judiciary.
|
Chapter 30 of the General Laws is hereby amended by inserting after section 60 the following section:-
Section 60A:- The attorney general or any person may maintain an action in the superior court having jurisdiction where the alleged violation occurred or is likely to occur for declaratory and equitable relief against any person for the protection of the air, water, and other natural resources from pollution, impairment, degradation or destruction and to ensure that the responsibilities of the public trust in these resources are carried out in light of current environmental conditions and threats. Persons domiciled in the Commonwealth shall have standing to sue on behalf of the public regardless of whether the plaintiffs suffer substantial damage not common to others similarly situated. Plaintiffs who did not show that they used, had access to, or enjoyed a recreational, aesthetic, cultural, spiritual or economic interest in the subject environment lack standing to assert a MEPA claim concerning those areas.
| null |
[]
|
[]
|
[]
|
[]
|
An Act decriminalizing non-violent and verbal student misconduct
|
H1817
|
HD610
| 193
|
{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:34:19.75'}
|
[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:34:19.75'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1817/DocumentHistoryActions
|
Bill
|
By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1817) of Bud L. Williams relative to decriminalizing non-violent and verbal student misconduct. The Judiciary.
|
SECTION 1. Chapter 272 of the General Laws is amended by striking out section 40, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:
Section 40. Disturbance of assemblies.
Whoever wilfully interrupts or disturbs an assembly of people met for a lawful purpose shall be punished by imprisonment for not more than one month or by a fine of not more than fifty dollars; provided, however, that K-12 students shall not be charged, adjudicated, or convicted for alleged violation of this provision due to conduct within school buildings or grounds or in the course of school-related events. Whoever, within one year after being twice convicted of a violation of this section, again violates the provisions of this section shall be punished by imprisonment for one month, and the sentence imposing such imprisonment shall not be suspended.
SECTION 2. Chapter 272 is hereby further amended by striking out subsection (b) of section 53, as appearing in the 2010 Official Edition, and inserting in place thereof the following subsection:
(b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment, provided, however, that an elementary or secondary school student shall not be charged, adjudicated, or convicted for alleged violation of this provision due to conduct within school buildings or grounds or in the course of school-related events.
| null |
[]
|
[]
|
[]
|
[]
|
An Act eliminating mandatory minimum sentences related to drug offenses
|
H1818
|
HD615
| 193
|
{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:36:01.36'}
|
[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:36:01.36'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-04-03T11:38:46.4066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1818/DocumentHistoryActions
|
Bill
|
By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1818) of Bud L. Williams relative to eliminating mandatory minimum sentences related to drug offenses. The Judiciary.
|
SECTION 1. Section 32 of chapter 94C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by
(a) Striking out the words “less than one thousand nor” in subsection (a);
(b) Striking out the words “less than 3 ½ nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(c) Repealing subsection (c).
SECTION 2. Section 32A of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than one thousand nor” in subsection (a);
(b) Striking out the words “less than 2 nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(c) Striking out the words “less than two and one-half nor” and the words “less than one nor” in subsection (c) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;
(d) Striking out the words “less than 3 ½ nor” and further the words “less than two thousand five hundred nor” and further the words “but not in lieu of the mandatory minimum term of imprisonment, as established herein” in subsection (d)
(e) Repealing subsection (e).
SECTION 3. Section 32B of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than five hundred nor” in subsection (a);
(b) Striking out the words “less than two and one-half nor” and the words “less than 18 months nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;
(c) Repealing subsection (c).
SECTION 4. Section 32C of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than five hundred nor” in subsection (a);
(b) Striking out the words “less than one nor” and further the words “less than one thousand nor” in subsection (b).
SECTION 5. Section 32D of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than two hundred and fifty nor” in subsection (a);
(b) Striking out the words “less than five hundred nor” in subsection (b).
SECTION 6. Subsection (a) of section 32E of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than two and one-half nor” and the words “less than one nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than ten thousand dollars;
(b) Striking out the words “less than 2 nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(c) Striking out the words “less than 3 ½ nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;
(d) Striking out the words “less than 8 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than two hundred thousand dollars;
SECTION 7. Subsection (b) of section 32E of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than 2 nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(b) Striking out the words “less than 3 ½ nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;
(c) Striking out the words “less than 8 nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars;
(d) Striking out the words “less than 12 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;
SECTION 8. Subsection (c) of section 32E of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than 3 ½ nor” in paragraph (1) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;
(b) Striking out the words “less than 5 nor” in paragraph (2) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than fifty thousand dollars;
(c) Striking out the words “less than 8 nor” in paragraph (3) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars;
(d) Striking out the words “less than 12 nor” in paragraph (4) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than five hundred thousand dollars;
SECTION 9. Subsection (d) of section 32E of said chapter 94C is hereby repealed.
SECTION 10. Section 32F of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than five nor” in subsection (a) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(b) Striking out the words “less than three nor” in subsection (b) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(c) Striking out the words “less than two and one-half nor” and the words “less than two nor” in subsection (c) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
(d) Striking out the words “less than five nor” in subsection (d) and further striking the second sentence in the said subsection and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than twenty-five thousand dollars;
SECTION 11. Section 32G of said chapter 94C, as so appearing, is hereby amended by striking out the words “less than two hundred and fifty nor.”
SECTION 12. Section 32 H of said chapter 94C, as so appearing, is hereby amended by striking this section in its entirety.
SECTION 13. Section 32I of said chapter 94C, as so appearing, is hereby amended by
(a) Striking out the words “less than one nor” and the words “less than five hundred nor” in subsection (a);
(b) Striking out the words “less than three nor” and the words “less than one thousand nor” in subsection (b);
(c) Striking out the words “less than fifty nor” in subsection (c).
SECTION 14. Section 32J of said chapter 94c, as so appearing, is hereby amended by striking out the section in its entirety and replacing it with the following:-
Section 32J. Any person who violates the provisions of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F or thirty-two I while in or on, or within 300 feet of the real property comprising a public or private accredited preschool, accredited headstart facility, elementary, vocational, or secondary school if the violation occurs between 5:00 a.m. and midnight, whether or not in session, or within one hundred feet of a public park or playground shall be punished by a term of imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years. A fine of not more than ten thousand dollars may be imposed. In accordance with the provisions of section eight A of chapter two hundred and seventy-nine such sentence shall begin from and after the expiration of the sentence for violation of section thirty-two, thirty-two A, thirty-two B, thirty-two C, thirty-two D, thirty-two E, thirty-two F or thirty-two I. Lack of knowledge of school boundaries shall not be a defense to any person who violates the provisions of this section.
SECTION 15. Section 32K of said chapter 94C, as so appearing, is hereby amended by striking out the words “less than five years nor” and further striking the second sentence in said section and inserting in place thereof the following sentence:- No sentence imposed under the provisions of this section shall be punished by a fine of more than one hundred thousand dollars.
SECTION 16. Section 34 of said chapter 94C, as so appearing, is hereby amended by striking out the words “less than two and one-half years nor” in the third sentence of the first paragraph.
SECTION 17. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this act shall be eligible to receive deductions from his sentence for good conduct under Sections 129C and 129D of Chapter 127.
SECTION 18. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this section shall be eligible to participate in education, training, employment or work release programs established pursuant to Sections 49, 49B, 49C, 86F and 86G of Chapter 127.
SECTION 19. Notwithstanding any general or special law to the contrary, a person serving a sentence for violating any provisions of Chapter 94C or charged with such a violation but a guilty plea has not been accepted nor a conviction entered as of the effective date of this section shall not be eligible for parole until he or she has served 1/2 of the mandatory minimum sentence.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to expungement of certain past marijuana convictions
|
H1819
|
HD619
| 193
|
{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:43:28.253'}
|
[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:43:28.2533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-09-11T13:06:20.1833333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1819/DocumentHistoryActions
|
Bill
|
By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1819) of Bud L. Williams relative to the expungement of certain past marijuana convictions. The Judiciary.
|
SECTION 1. Chapter 276 of the General Laws is hereby amended by striking out section 100K¼, inserted by section 23 of chapter 180 of the Acts of 2022, and inserting in place thereof the following section:-
Section 100K¼. (a) Notwithstanding the requirements of section 100I and section 100J of chapter 276 the General Laws, the court shall order the expungement of any record created as a result of a criminal court appearance, juvenile court appearance or disposition for:
(1) the possession or cultivation of an amount of marijuana decriminalized by chapter 387 of the acts of 2008;
(2) the possession or cultivation of an amount of marijuana decriminalized by chapter 334 of the acts of 2016;
(3) the possession or cultivation of an amount of marijuana decriminalized by chapter 55 of the acts of 2017;
(4) possession of marijuana with intent to distribute based on an amount of marijuana decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017; or
(5) distribution of marijuana based on an amount of marijuana decriminalized by chapter 387 of the acts of 2008, chapter 334 of the acts of 2016 or chapter 55 of the acts of 2017.
(b) An individual who believes the court failed to properly expunge a record created as a result of their criminal court appearance, juvenile court appearance or the disposition of a charge listed in subsection (a) may petition the court to order said expungement pursuant to said subsection (a). The court shall, within 30 days of a petition being filed, grant the expungement pursuant to subsection (a) or deny the petition. If the court denies the petition, it shall explain the reason as to why the petition was denied, including an explanation as to why the court does not believe the petitioner’s record is covered by the requirements of subsection (a). The court shall hold a hearing if requested by the petitioner.
(c) Upon an order for the expungement pursuant to this section or section 100F, section 100G or section 100H, the court clerk's office shall provide the individual whose record is expunged with a certified copy of the order, the docket sheets and the criminal complaint related to the expunged charge. The court shall send a copy of the expungement order to the clerk of the court where the record was created, to the commissioner of probation and to the commissioner of criminal justice information services.
SECTION 2 . Subsection (a) of section 100L of said chapter 276, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 2, the words “or section 100K” and inserting in place thereof the following words:- , section 100K or section 100K¼.
SECTION 3. The court shall order the expungement of a record required to be expunged pursuant to subsection (a) of section 100K1/4 of chapter 276 of the General Laws within 180 days after the effective date of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to bias-free child removals
|
H182
|
HD2565
| 193
|
{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T14:39:24.747'}
|
[{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-19T14:39:24.7466667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-19T14:40:26.2566667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-09T13:58:35.1166667'}]
|
{'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-01-19T14:39:24.747'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H182/DocumentHistoryActions
|
Bill
|
By Representatives Higgins of Leominster and Meschino of Hull, a petition (accompanied by bill, House, No. 182) of Natalie M. Higgins, Joan Meschino and Colleen M. Garry that the Department of Children and Families be authorized to develop a bias-free case review team to screen proposed emergency child removals. Children, Families and Persons with Disabilities.
|
SECTION 1. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Bias-free" to review a case file without the following identifying demographic information on the parent and child: gender, race, ethnicity, disability, geographic location, and socioeconomic status, which prevents a reader from inserting bias, implicit or explicit, into critical decisions such as removing a child from the child's family.
(a) The Department of Children and Families shall develop a permanent Bias-Free Case Review Team for each Area Office, consisting of no less than three staff, to screen all proposed emergency child removals under section 51B chapter 119 of the General Laws. The department shall develop a bias-free case summary which removes all demographics and identifying information, and presents evidence of safety factors that place the child(ren) in immediate or impending danger of serious harm, the family’s strengths, and opportunities for supportive interventions prior to removal. Prior to the Review Team convening, the following demographic and identifiable information must be removed from the case notes, intake summary, and investigation:
(i) The name of the child and the child's parents.
(ii) The race or ethnicity of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to a family's culture, ethnicity, or religion.
(iii) The sexual orientation or gender identity of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to the LGBTQ+ status or gender identity of the child.
(iv) The religious affiliation or beliefs of the child and the child's parents, except when the allegations require thoughtful considerations pertaining to a family's culture, ethnicity, or religion.
(v) The disability status of a parent, except when the allegations require thoughtful considerations pertaining to a family's disability status.
(vi) The political affiliation or beliefs of the child and the child's parents.
(vii) The marital status of the child's parents.
(viii) The income level of the child's parents.
(ix) The education level of the child's parents.
(x) Any reference to the location of the neighborhood or county of the parent's address.
(b) The Department of Children and Families shall submit an annual evaluation report to the joint committee on children, families and persons with disabilities that details the program's implementation and that provides an analysis of the program's effect and impact on the removal rates of black, indigenous and children of color.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to compensation for victims of wrongful conviction
|
H1820
|
HD2243
| 193
|
{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T10:42:28.963'}
|
[{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T10:42:28.9633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-09T14:49:12.66'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T21:17:45.8933333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-22T11:53:39.6433333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-28T13:53:23.8233333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-03-04T15:46:11.97'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-03-09T14:29:19.8233333'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-13T14:00:05.8333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:13:19.26'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-09T14:30:41.58'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-02-22T11:13:34.8433333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-02-21T16:41:22.1'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-01-25T13:18:51.4966667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-27T17:04:08.9633333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-04-24T12:45:52.3333333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-03-13T07:48:55.0833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-31T10:23:25.1566667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-27T03:57:06.6266667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:16:55.8833333'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T07:39:51.59'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-15T16:21:46.1366667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-16T16:12:40.7666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1820/DocumentHistoryActions
|
Bill
|
By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 1820) of Christopher J. Worrell and others relative to compensation for victims of wrongful conviction. The Judiciary.
|
SECTION 1. Section 9 of Chapter 211D of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking subsection (e) and inserting in place thereof the following words:
(e) a method for the provision of social services including, but not limited to, referrals for transitional services relating to the physical, social, and emotional needs of persons after release from incarceration.
SECTION 2. Chapter 211D of the General Laws is hereby amended by inserting after section 16 the following section:
Section 17. The Committee shall establish, supervise and maintain a system for the assignment of social service advocates to assist indigents who are eligible for transitional assistance under Chapter 258D of the General Laws section 10(B).
SECTION 3. Section 1 of Chapter 258D of the General Laws, as so appearing, is hereby amended by striking subsection (B)(ii) and inserting in place thereof the following words:-
(ii) those who have been granted judicial relief by a state court of competent jurisdiction, on grounds consistent with the innocence of the individual as set forth in clause (vi) of subsection (C), provided however that if the state court granting judicial relief does not address all grounds for relief, as asserted in an appeal or a motion for post-conviction relief, and if at least one of such grounds is consistent with innocence, the grounds asserted in such motion may be relied upon by the claimant to satisfy the requirement that there are grounds which are consistent with innocence, and if (a) the judicial relief vacates or reverses the judgment of a felony conviction, and the felony indictment or complaint used to charge the individual with such felony has been dismissed, or if a new trial was ordered, the individual was not retried and the felony indictment or complaint was dismissed or a nolle prosequi was entered, or if a new trial was ordered and the individual was found not guilty at the new trial; and (b) at the time of the filing of an action under this chapter no criminal proceeding is pending or can be brought against the individual by a district attorney or the attorney general for any act associated with such felony conviction.
SECTION 4. Section 1(C) of Chapter 258D of the General Laws, is hereby amended by striking the words “clear and convincing” and inserting in place thereof the following words:- “a preponderance of the”.
SECTION 5. Section 1 of Chapter 258D of the General Laws, is hereby amended by striking subsection (G) and inserting in place thereof the following:-
(G) A claimant shall be entitled to preliminary relief under subsection (E) of section 5 upon filing a complaint pursuant to this chapter that avers that the claimant meets the eligibility requirements as stated in subsection (B) above.
SECTION 6. Section 3 of Chapter 258D of the General Laws, is hereby amended by adding at the end the following words:- In any event, a case filed pursuant to this chapter shall be placed on a fast track.
SECTION 7. Section 5 of Chapter 258D of the General Laws, is hereby amended by striking subsection (A) and inserting in place thereof the following subsection:-
(A) Upon a finding or verdict that the claimant has met the requirements of section 1 by the requisite standard of proof and is not barred from compensation by section 2, the court or the jury shall determine the damages that shall be payable to the claimant. In making such determination, the court or jury shall consider, but not be limited to, the consideration of the income the claimant would have earned, but for his conviction, incarceration, parole or other supervised release, or collateral consequences of his conviction or sentence; the particular circumstances of the claimant's trial and other proceedings; the length and conditions under which the claimant was incarcerated or on parole or other supervised release and; any other factors deemed appropriate under the circumstances in order to fairly and reasonably compensate the claimant. The court, in its discretion, may admit expert testimony on these or any factors. The court may include, as part of its judgment against the commonwealth, an order requiring the commonwealth to provide the claimant with services to address the individual’s physical, social, and emotional needs, including financial literacy training, and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses. Once the damages have been determined, the court shall enter a judgment against the commonwealth for the claimant in an amount certain. A judgment against the commonwealth may not include punitive or exemplary damages. The damages award shall not be reduced by any transitional assistance grant or award of services, tuition, or fees under Sections 5(A) or (E) or Section 10 or any award of reasonable attorney fees and costs of litigation as provided in section 6 below. Notwithstanding any general or special law to the contrary, the clerk of the court shall not add to the judgment and the commonwealth shall not be liable for paying, any prejudgment or post-judgment interest on damages. Subject to section 4, relative to award or settlements, the rights, and remedies afforded to certain individuals by this chapter are not intended to limit in any way any rights or remedies that such individuals or other individuals may be entitled to exercise and pursue under common law or under any other state or federal statute including without limitation chapter 258 and 42 U.S.C. Sec. 1983.
SECTION 8. Section 5 of Chapter 258D of the General Laws, is hereby amended by striking subsection (E) and inserting in place thereof the following subsection:-
(E) Upon a ruling in favor of a claimant moving for preliminary relief under subsection (G) of section 1, the court shall enter an order requiring the commonwealth to provide the claimant with a transitional assistance grant of $15,000 and services to address the claimant's physical, social, and emotional needs and waive tuition and fees for the claimant for any educational services from a state or community college in the commonwealth including, but not limited to, the University of Massachusetts at Amherst and its satellite campuses.
SECTION 9. Section 6 of Chapter 258D of the General Laws, is hereby amended by inserting after the word “chapter,” the following words:- “, or who enters into a settlement agreement with the commonwealth in connection with a claim asserted under this chapter”.
SECTION 10. Section 7 of Chapter 258D of the General Laws, is hereby amended by striking subsection (A) and inserting in place thereof the following words:-
(A) Upon the entry of a judgment in favor of a claimant under this chapter or upon settlement of a claim brought pursuant to this chapter and following a separate hearing on the matter, on motion of the claimant the court shall enter an order either directing the expungement or sealing of those records of the claimant maintained by the department of criminal justice information services, the probation department, and the sex offender registry that directly pertain to the claimant's erroneous felony conviction case, including documents and other materials and any samples obtained from the claimant. The commonwealth, as well as any other law enforcement agency that may be directly affected by such expungement or sealing of such records including, but not limited to, the district attorney that prosecuted the felony case against the claimant, shall be given reasonable notice and an opportunity to be heard on the issue of whether such records, documents, and materials shall be so expunged or sealed. In making its determination as to whether such records, documents, and materials shall be so expunged or sealed, the court shall consider the interests of privacy and justice pertaining to the claimant's erroneous felony conviction as well as the probable effect of such expungement or sealing on relevant law enforcement entities and their ability to appropriately investigate and prosecute other persons for the felony which forms the basis of the claim or other crimes that may relate to the information contained in such records, documents, and materials. In addition to an order directing expungement or sealing of the record, a claimant who prevails in a claim brought under this chapter by way of judgment or settlement shall be entitled to an order and judgment, signed by a Judge of the Superior Court, which shall attest that the claimant has been exonerated of the subject crime or crimes.
SECTION 11. Section 7 (B) of Chapter 258D of the General Laws, is hereby amended by inserting after the words “conducted by the court,” the following words:-
“on motion of the claimant”
SECTION 12. Chapter 258D of the General Laws is hereby amended by inserting after section 9 the following:-
Section 10. Transitional Assistance for Persons Released from Incarceration for Erroneous Felony Convictions
(A) Upon a person's release from incarceration for an erroneous felony conviction as defined in Section 1(B), the trial court in which the conviction originated shall order payment of transitional financial assistance in the amount of $5000 to the formerly incarcerated person.
(B) Upon the release from incarceration of an indigent person whose felony conviction is vacated, reversed, or pardoned, the trial court in which the conviction originated shall, upon motion demonstrating indigency, authorize funds for a social service advocate from the Committee for Public Counsel Services’ approved vendor list to assist the formerly incarcerated person in obtaining transitional services including, but not limited to, referrals for their physical, social and emotional needs.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to reduce mass incarceration
|
H1821
|
HD2267
| 193
|
{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T10:38:01.163'}
|
[{'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-19T10:38:01.1633333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-21T10:19:25.8566667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-08T13:13:53.7633333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:47:49.83'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-09-19T14:45:43.3366667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-16T12:02:31.88'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-04-26T15:50:47.0033333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-04-26T15:34:36.6866667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-07-11T15:25:38.2233333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T15:56:40.6033333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-02-27T17:10:07.5033333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-17T14:54:48.32'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-06-28T11:14:09'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-29T16:26:34.94'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-02T14:02:18.2266667'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-15T13:39:49.3033333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-04-19T15:50:26.3466667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-03-14T16:15:16.04'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:28:39.0266667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-07-27T12:18:25.68'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-14T13:56:27.0333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-10T09:08:22.1333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-04-20T09:28:50.2833333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T16:37:58.89'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-15T07:39:00.1966667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:04:46.5'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:30:26.8766667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-04-11T08:12:30.23'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1821/DocumentHistoryActions
|
Bill
|
By Representative Worrell of Boston, a petition (accompanied by bill, House, No. 1821) of Christopher J. Worrell and others relative to parole and establishing a restorative justice program. The Judiciary.
|
SECTION 1. Section 133A of chapter 127 of the General Laws as it appears in the 2014 Official Edition, is hereby amended by striking, in the first sentence of the first paragraph, the phrases: “except prisoners confined to the hospital at the Massachusetts Correctional Institution, Bridgewater, except prisoners serving a life sentence for murder in the first degree who had attained the age of 18 years at the time of the murder and except prisoners serving more than 1 life sentence arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction,”; and by inserting in the first paragraph after the phrase “of the minimum term fixed by the court under section 24 of chapter 279.” the following sentence:- Provided, however, that in the case of a prisoner serving more than 1 life sentence arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, such prisoner shall be eligible for parole 25 years after the start of the second or most recent sentence.
SECTION 2. Amend Section 133C of chapter 127 of the General Laws at it appears in the 2014 Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “except prisoners serving a life sentence for murder in the first degree who had attained the age of 18 years at the time of the murder and prisoners confined to the hospital at the Massachusetts Correctional Institution, Bridgewater.”
SECTION 3. Subsection (a) of section 2 of chapter 265 of the General Laws as it appears in the 2014 Official Edition, is hereby amended by striking the phrase: “not be eligible for parole pursuant to section 133A of Chapter 127.”, and inserting in place thereof the phrase:- shall be eligible for parole after a term of years fixed by the court pursuant to section 24 of chapter 279.
SECTION 4. Amend subsection (b) of section 2 of Chapter 265 of the General Laws as it appears in the 2014 Official Edition, by inserting in the fourth line, after the words “term of years” :- but no more than 25 years, as.
SECTION 5. Section 24 of chapter 279 of the General Laws as it appears in the 2014 Official Edition, is hereby amended by striking, in the first paragraph, the phrase: “which shall be not less than 15 years nor more than 25 years,” and insert in place thereof the phrase:- of 15 years; and by striking out the second paragraph in its entirety and inserting in place thereof the following paragraph:-
In the case of a sentence to life imprisonment for murder in the first degree, the court shall fix a minimum term of 25 years; provided, however, that in the case of a person who committed the murder on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 15 years nor more than 20 years, after consideration of relevant mitigating and exacerbating circumstances; and provided, however, that in the case of a person sentenced to life imprisonment for murder in the first degree adjudicated solely by a verdict of felony murder or joint venture and where the offender is not the actual killer, committed on or after the person’s fourteenth birthday and before the person’s eighteenth birthday, the court shall fix a minimum term of not less than 10 years nor more than 12 years.
SECTION 6. Notwithstanding any other provision of law, section 24 of chapter 279 of the General Laws as it appears in the 2014 Official Edition shall apply to any person found guilty of murder pursuant to subsections (a), (b) or (c) of section 2 of chapter 265 prior to or after the effective date of this act.
SECTION 7. Subsection (b) of section 25 of chapter 279 of the General Laws as it appears in the 2014 Official Edition is hereby amended by inserting in the first paragraph after the words “for good conduct”, the following phrase:- provided, however, that in the case of a person so serving a life sentence, parole eligibility will commence after serving 25 years of said sentence. And by inserting after the last paragraph of subsection (b) of section 25 the following sentence:- Notwithstanding any other provision of law, section 25(b) shall apply to any person convicted as a habitual offender pursuant to subsection (a) or (b) of section 25 of chapter 279 prior to or after the effective date of this act.
SECTION 8. Notwithstanding any other provision of the law, except as provided by SECTION 1 of this act, no person shall be imprisoned for more than 25 years without a parole hearing at 25 years.
SECTION 9. The Department of Corrections shall establish a Restorative Justice program within its prisons that is available to anyone sentenced to more than 25 years in prison in order to develop a plan of reconciliation.
(a) The Restorative Justice program will allow the interaction between the prisoner and victims, family of the victims, the parties to a crime, and community members within the prison with the goal to identify and address harms and needs and obligations resulting from an offense in order to understand and reconcile the impact of that offense.
(b) Participation in a prison-based restorative justice program shall be voluntary for offenders, victims, and surviving family and community members affected by the crime.
(c) Participation in a prison-based restorative justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal proceedings against any participant. Any statement made by an incarcerated person during the course of an assignment within a prison-based restorative justice program shall be confidential and shall not be subject to disclosure in any judicial or administrative proceeding and no information obtained during the course of such assignment shall be used in any stage of a criminal investigation or prosecution or civil or administrative proceeding; provided, however, that nothing in this section shall preclude any evidence obtained through an independent source or that is inevitably discovered by lawful means from being admitted at such proceeding.
(d) The Department of Corrections shall annually, not later than December 31, submit a report to the clerks of the House of Representatives and of the Senate, and the House and Senate chairs of the Joint Committee on the Judiciary and of Public Safety and Homeland Security regarding the implementation and operation of the program, the number of prisoners to which it is available, the number of prisoners that have participated, and any recommendations for change to the program.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to fentanyl arrests (Tatiana's Law)
|
H1822
|
HD208
| 193
|
{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-10T16:51:03.02'}
|
[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-10T16:51:03.02'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1822/DocumentHistoryActions
|
Bill
|
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1822) of Steven George Xiarhos relative to fentanyl arrests. The Judiciary.
|
SECTION 1. Section 42 of chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting in line 13, after the word “58A”, the following words:- ; and, provided further, that if a person is arrested for a violation of section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl, subsections (c ½) or (c ¾) of section 32E of said chapter 94C or subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, any bail shall be assessed pursuant to sections 57 and 58.
SECTION 2. Section 57 of said chapter 276, as so appearing, is hereby amended by inserting after the sixth paragraph the following paragraph:-
Except where prohibited by this section, for any violation of (i) section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl; (ii) subsections (c ½) or (c ¾) of section 32E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court. The arrested person shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery. Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the person, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.
SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby amended by inserting after the fifth paragraph the following paragraph:-
Except where prohibited by section 57, for any violation of (i) section 32 of chapter 94C for the manufacture, sale or distribution of fentanyl; (ii) of subsections (c ½) or (c ¾) of section 32E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18 years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open court. The arrested person shall not be released out of court by a clerk of courts, clerk of a district court, bail commissioner or master in chancery. Any person authorized to take bail for such violation may impose conditions on a person's release in order to ensure the appearance of the person before the court and the safety of the person, any other individual or the community; provided, however, that the person authorized to take bail shall, prior to admitting the person to bail, modifying an existing order of bail or imposing such conditions, have immediate access to all pending and prior criminal offender record information, board of probation records and police and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic mail request, to the extent practicable.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to assault and battery against healthcare personnel, school officials, and first responders
|
H1823
|
HD700
| 193
|
{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-13T17:39:03.43'}
|
[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-13T17:39:03.43'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-01-31T11:25:15.7133333'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-02-19T14:37:25.3866667'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-03-02T07:36:48.45'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1823/DocumentHistoryActions
|
Bill
|
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1823) of Steven George Xiarhos and others relative to assault and battery against healthcare personnel, school officials, and first responders. The Judiciary.
|
SECTION 1. Section 13A of Chapter 265 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) Whoever commits an assault or an assault and battery:
(i) upon another and by such assault and battery causes serious bodily injury;
(ii) upon another who is pregnant at the time of such assault and battery, knowing or having reason to know that the person is pregnant;
(iii) upon another who he knows has an outstanding temporary or permanent vacate, restraining or no contact order or judgment issued pursuant to section 18, section 34B or 34C of chapter 208, section 32 of chapter 209, section 3, 4, or 5 of chapter 209A, or section 15 or 20 of chapter 209C, in effect against him at the time of such assault or assault and battery;
(iv) upon a person who is classified within Group 4 of subdivision 2 of paragraph (g) section 3 of chapter 32 of the General Laws by virtue of their employment, while such person is actively engaged in the performance of their official duties;
(v) upon a person who is a teacher, school librarian, school adjustment counselor, school nurse, school social worker or school psychologist in any public school, while such person is actively engaged in the performance of their official duties;
(vi) upon a person who is a registered nurse or licensed practical nurse, while such person is actively engaged in the performance of their official duties;
(vii) upon a person serving as a referee or other official of a school athletic event, while such person is actively engaged in the performance of their official duties; or
(viii) upon a police dog, as defined in section 1 of chapter 111C, while such animal is actively engaged in the performance of their official duties;
shall be punished by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 21/2 years, or by a fine of not more than $5,000, or by both such fine and imprisonment.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to stenographer compensation
|
H1824
|
HD1807
| 193
|
{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-18T17:28:56.273'}
|
[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-18T17:28:56.2733333'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-06-05T09:37:31.5066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1824/DocumentHistoryActions
|
Bill
|
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1824) of Steven George Xiarhos relative to the fees for furnishing transcripts of notes. The Judiciary.
|
SECTION 1. Section 88 of chapter 221 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- "Upon request of the presiding justice or any party, the stenographer or transcriber shall furnish a paper or electronic reproduction transcript of a trial or hearing for which he shall be paid by the party requesting it at the rate of $4.00 per page for the original and $1.50 per page for each additional copy ordered at the same time, but not to be less than $20.
SECTION 2. Section 88 of said chapter 221, as so appearing, is hereby further amended by deleting the second sentence.
SECTION 3. Section 88 of said chapter 221, as so appearing, is hereby further amended by deleting the fourth sentence and inserting in place thereof the following sentence:- "Additional paper or electronic reproduction copies, if so requested by an indigent person or counsel for an indigent person, shall be paid at $.35 per page, but not to be less than $20."
SECTION 4. Section 88 of said chapter 221, as so appearing, is hereby further amended by deleting the fifth sentence and inserting in place thereof the following sentence:- "In the event that daily copy is ordered by the presiding justice or any party, the rate shall be $5.75 per page for the original paper or electronic reproduction copy and $2.25 per page for each additional paper or electronic reproduction copy; provided that, additional paper or electronic reproduction copies, if so requested by an indigent person or counsel for indigent person, shall be paid at $.35 per page, but not to be less than $20."
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to enhanced penalties for those who commit assault and battery against school sports officials
|
H1825
|
HD1834
| 193
|
{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-18T18:56:14.717'}
|
[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-18T18:56:14.7166667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:04:04.7233333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-02-09T13:45:02.6733333'}, {'Id': 'JJL2', 'Name': 'John J. Lawn, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJL2', 'ResponseDate': '2023-03-02T07:36:33.4666667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-08-02T11:24:31.7433333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-08-02T11:24:20.9733333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-08-02T11:24:41.7766667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1825/DocumentHistoryActions
|
Bill
|
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1825) of Steven George Xiarhos and others relative to enhanced penalties for assault and battery against school sports officials. The Judiciary.
|
SECTION 1. Section 13D of chapter 265 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following new paragraph:-
"For purposes of this section, a "public employee" shall be deemed to include any person who serves as a referee, umpire, linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event, including but not limited to a school sports event, and who is registered as a member of a local, state, regional, or national organization that is engaged in providing education and training to sports officials, and regardless of whether such a person serves as a volunteer, independent contractor, or contract employee.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to studying the establishment of a statewide registry of persons convicted for the sale or trafficking of certain class A drugs
|
H1826
|
HD2687
| 193
|
{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-19T14:33:17.88'}
|
[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-19T14:33:17.88'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1826/DocumentHistoryActions
|
Bill
|
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1826) of Steven George Xiarhos for an investigation by a special commission (including members of the General Court) relative to the establishment of a statewide registry of persons convicted for the sale or trafficking of certain Class A drugs. The Judiciary.
|
SECTION 1. There is hereby established a special commission to make recommendations on the establishment of a statewide registry of persons who are convicted for the sale and/or trafficking of a class A substance, as defined in section 31 of chapter 94C of the General Laws, as appearing in the 2020 Official Edition. The report shall include, but not be limited to findings and recommendations regarding:
(a) the scope of criminal offenses appropriate for registration, the classification of persons convicted of such offenses, and judicial review thereof; (b) the due process interests of persons who are subject to registration; (c) the public interest in disseminating information regarding narcotics dealers to the general public; (d) the sharing of registration information between certain law enforcement agencies; (e) special considerations regarding homeless individuals and juveniles; (f) the term of registration that should be required; (g) penalties for persons who fail to register; (h) fees for registration; (i) policies regarding the use, confidentiality, and misuse of registration information; and, (j) the establishment and administration of a board to oversee the creation and continued operation of the registry.
SECTION 2. The commission shall consist of the following 13 members: the secretary of public safety and security, who shall serve as chair; the attorney general or a designee; the chief counsel of the committee for public counsel services or a designee; a representative of the Massachusetts District Attorneys Association or a designee; 3 members appointed by the president of the Senate, at least one of whom shall be a member of the minority party; and, 3 members appointed by the Speaker of the House of Representatives, at least one of whom shall be a member of the minority party. The commission may consider input from any relevant organization.
SECTION 3. The commission shall file a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the clerks of the house of representatives and the senate, the joint committee on the judiciary, and the joint committee on public safety and homeland security not later than 9 months following the effective date of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to bail fees
|
H1827
|
HD3686
| 193
|
{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T14:12:09.843'}
|
[{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T14:12:09.8433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1827/DocumentHistoryActions
|
Bill
|
By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1827) of Steven George Xiarhos relative to bail fees. The Judiciary.
|
SECTION 1. subsection (a) of section 24 of chapter 262 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 3, the word "$40" and inserting in place thereof the following word:- "$60";
SECTION 2. subsection (b) of section 24 of chapter 262 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 4, the word "$50" and inserting in place thereof the following word:- "$70".
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to corrections officer safety
|
H1828
|
HD2698
| 193
|
{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-11T15:43:44.187'}
|
[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-11T15:43:44.1866667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-01-23T15:58:56.1666667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-01-24T10:51:37.4866667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T16:23:13.9833333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-25T16:23:13.9833333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T16:23:13.9833333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-30T12:13:00.9066667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-30T20:22:05.8866667'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T20:22:05.8866667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-30T20:22:05.8866667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-30T20:22:05.8866667'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T20:22:05.8866667'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-01-31T11:45:05.8566667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-01-31T11:45:05.8566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-01T18:30:53.0933333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-02-01T18:30:53.0933333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T18:30:53.0933333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-02T11:37:44.4833333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-02T19:05:37.2566667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-07T10:25:20.4166667'}, {'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-02-17T17:04:26.9'}, {'Id': 'AMG0', 'Name': 'Anne M. Gobi', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMG0', 'ResponseDate': '2023-02-22T17:55:04.5666667'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-21T13:14:29.67'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1828/DocumentHistoryActions
|
Bill
|
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 1828) of Jonathan D. Zlotnik and others relative to penalties for assault and battery upon a corrections officer or other Department of Correction staff person. The Judiciary.
|
SECTION 1. Chapter 265 Section 13D of the General Laws is hereby amended by inserting after the last paragraph, the following paragraph:
"Whoever commits an assault and battery upon a corrections officer, or other Department of Corrections staff person when such person is engaged in the performance of their duties at the time of such assault and battery and who by such assault and battery causes serious bodily injury to the corrections officer, or Department of Corrections staff person shall be punished by a term of imprisonment in the state prison for not less than 1 year nor more than 10 years, or house of correction for not less than 1 year, nor more than 2 1/2 years. No sentence imposed pursuant to this section shall be for less than a mandatory minimum term of imprisonment of 1 year and a fine of not less than $500 nor more than $10,000 may be imposed but not in lieu of the mandatory minimum term of imprisonment. A prosecution commenced under this paragraph shall not be placed on file or continued without a finding and a sentence imposed upon a person convicted of violating this paragraph shall not be suspended or reduced, nor shall such person be eligible for probation, parole, work release, furlough or receive any deduction from the person's sentence for good conduct until such person shall have served said mandatory minimum term of imprisonment. For purposes of this section, the term ''serious bodily injury'' shall mean bodily injury which results in a permanent disfigurement, protracted loss or impairment of a bodily function, limb or organ or substantial risk of death."
| null |
[]
|
[]
|
[]
|
[]
|
An Act updating hunter harassment laws
|
H1829
|
HD2706
| 193
|
{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:21:09.003'}
|
[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:21:09.0033333'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-23T15:57:54.1'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1829/DocumentHistoryActions
|
Bill
|
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 1829) of Jonathan D. Zlotnik and Joseph D. McKenna relative to hunter harassment. The Judiciary.
|
SECTION 1. Chapter 131 of the General Laws, as so appearing in the 2016 Official Edition, is hereby amended by striking out Section 5C and inserting in place thereof the following section:-
“Section 5C. The citizens of the Commonwealth shall have the right to harvest fish and wildlife free from harassment subject to rules and regulations established to maintain sustainable and healthy populations of such natural resources.
(a) No person shall obstruct, interfere with or otherwise prevent the lawful harvest of fish and wildlife by another at any such place in the commonwealth where it is lawful to do so. It shall be a violation of this section for a person to intentionally:
(1) drive or disturb fish or wildlife for the purpose of interrupting a lawful taking; or
(2) block, follow, impede or otherwise harass another who is engaged in the lawful taking of fish or wildlife; or
(3) use natural or artificial visual, aural, olfactory or physical stimulus to effect wildlife in order to hinder or prevent such taking; or
(4) erect barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur; or
(5) interject himself into the line of fire; or
(6) effect the condition or placement of personal or public property intended for use in the taking of wildlife; or
(7) enter or remain upon public lands, or upon private lands without the permission of the owner or his agent, with intent to violate this section; or
(8) verbally or physically harass, threaten or other means of intimidation of an individual/s lawfully engaged in the harvest fish and wildlife;
(9) utilize mechanical aerial devices to drive wildlife, harass, film, photograph or otherwise intimidate.
A violation of this paragraph shall be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000 or both.
(b) Any person having caused destruction or otherwise vandalizes equipment utilized, directly or indirectly, for the lawful harvest of fish and wildlife including, but not limited to, vehicles, blinds, stands, trail cams, fishing gear, boats, etc. shall be punished by imprisonment in a jail or house of correction for not more than 2 years or by a fine of not more than $5,000 or both.
(c) Any person having caused bodily injuries of another that were sustained from any type of harassment or vandalism covered under this section shall be punished by imprisonment in a jail or house of correction for not more than 5 years or by a fine of not more than $10,000 or both.
The superior court shall have jurisdiction to issue an injunction to enjoin any such conduct or conspiracy in violation of the provisions of this section. A person who sustains damage as a result of any act which is in violation of this section may bring a civil action for punitive damages in addition to the penalties established herein. Environmental protection officers and other law enforcement officers with arrest powers shall be authorized to enforce the provisions of this section.
(d) Unless authorized by the property owner it shall be unlawful to post land closed, or restricted, to the lawful harvest of fish and wildlife. Any person convicted of illegally posting land shall be punished by imprisonment in a jail or house of correction for not more than 1 year or a fine of not more $1,000 or both.
Any fines collected under this section shall be deposited into the Inland Fisheries and Game Fund established under Section 2C of Chapter 131, and may be utilized for the purposes of the Hunter Education Program.
| null |
[]
|
[]
|
[]
|
[]
|
An Act ensuring the appropriate and timely payment and residential service placement for children deemed to be a safety risk
|
H183
|
HD519
| 193
|
{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T16:19:39.83'}
|
[{'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-01-11T16:19:39.83'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-13T13:44:26.3633333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H183/DocumentHistoryActions
|
Bill
|
By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 183) of Steven S. Howitt and F. Jay Barrows relative to at-risk children and their proper placement and establishing a special commission (including members of the General Court) to make an investigation of such placements. Children, Families and Persons with Disabilities.
|
SECTION 1. Notwithstanding any other general or special law to the contrary, the public school department shall put 24/7 residential treatment placement and or out-of-school district placement in the individuals IEP, once it has been determined by the professional mental health care facility that he or she is eligible to receive treatment at a 24/7 residential treatment facility and or out-of-school-district placement. This IEP shall be held within 10 days once it has been determined by the professional mental health care facility that he or she is eligible to receive this needed treatment. The parents an or guardians will be involved in the selection of placement for their child and will have the final authority as to which residential treatment placement and or out-of-school district placement their child will attend upon acceptance from the residential treatment placement and or out-of-school district placement.
SECTION 2. Notwithstanding any general or special law to the contrary, the school department, department of developmental services shall coordinate funding with the department of children and families and the department of mental health to ensure residential service placement and or out-of-school district placement within 30 days for children with intellectual disabilities once it has been determined by the professional mental health care facility that he or she is eligible to receive this needed treatment. These departments will determine the funding of the residential placement and or out-of-school district placement and will have no bearing and or delay on the child from receiving 24/7 residential placement and or out-of-school district placement for his or her medical needed treatment and their rights to receive a proper education.
There shall be an established special commission to examine and report on the feasibility of creating an emergency fund for timely placement and payment of a disabled child in a residential care and or out-of-school district placement. This commission shall evaluate options and prepare policy recommendations necessary to address payment and placement delays in the current health care system, to reform the current determination of payment process, and to establish a more efficient and timely means of providing the proper care to children with developmental disabilities. Such recommendations shall include policy options concerning the following:
(i) Potential savings to the Commonwealth and improvements to care delivery that could be realized by reducing the lag time between payment and placement; (ii) improvements to the Mass Health reimbursement system for residential care facilities; and (iii) any other recommendations as needed to more effectively care for developmentally disabled children in the payment and transfer processes in the Commonwealth.
The commission shall consist of 6 members; 1 of whom shall be the secretary of health and human services or a designee, the 2 chairs of the joint committee on children, families, and persons with disabilities, or their designees who shall serve as co-chairs; 1 of whom shall be the director of Mass Health or a designee, 1 of whom shall be the senate chair of the joint committee on health care financing or a designee, 1 of whom shall be the house chair of the joint committee on health care financing or a designee.
The commission shall meet within 60 days of passage of this Act, and not less than quarterly thereafter, and shall release final recommendations
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to Gardner District Court
|
H1830
|
HD2711
| 193
|
{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:17:45.94'}
|
[{'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-01-18T14:17:45.94'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1830/DocumentHistoryActions
|
Bill
|
By Representative Zlotnik of Gardner, a petition (accompanied by bill, House, No. 1830) of Jonathan D. Zlotnik relative to Gardner district court. The Judiciary.
|
SECTION 1. Section 1 of chapter 218 of the General Laws, as appearing in 2012 Official Edition, is hereby amended by striking out, in lines 295-296, the words “The district court at Winchendon, held at Winchendon; Winchendon, Ashburnham, Phillipston, Royalston and Templeton.”
SECTION 2. Section 1 of chapter 218 of the General Laws, as appearing in 2012 Official Edition, is hereby amended by striking out, in lines 271, the words “Gardner, Petersham, Hubbardston and Westminster” and inserting after the word “Gardner;” the following words:- “Winchendon, Ashburnham, Gardner, Hubbardston, Petersham, Phillipston, Royalston, Templeton and Westminster.”
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to unemployment compensation and labor disputes
|
H1831
|
HD740
| 193
|
{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:46:32.817'}
|
[{'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-01-11T15:46:32.8166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1831/DocumentHistoryActions
|
Bill
|
By Representative Arciero of Westford, a petition (accompanied by bill, House, No. 1831) of James Arciero relative to unemployment compensation and labor disputes. Labor and Workforce Development.
|
Section 25 of Chapter 151A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section (b) and inserting in place thereof the following:-
(b) Any week with respect to which the commissioner finds that his unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment or other premises at which he was last employed for a period of 30 days following the commencement of the unemployment caused by the labor dispute. If the employer does not permit their return, the claimant shall be entitled to recover any benefits lost as a result of the 30 day waiting period before receiving benefits; however, no waiting period or disqualification under this subsection (b) shall apply if the labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the claimant, including a collective bargaining agreement with a union representing the claimant, or a state or federal law pertaining to hours, wages, or conditions of work; provided, however, that nothing in this subsection shall be construed so as to deny benefits to an otherwise eligible individual (1) who becomes involuntarily unemployed during the period of the negotiation of a collective bargaining contract, in which case the individual shall receive benefits for the period of his unemployment but in no event beyond the date of the commencement of a strike; or (2) who is not recalled to work within one week following the termination of the labor dispute; and provided, further, that this subsection shall not apply if it is shown to the satisfaction of the commissioner that:
(1) The employee is not participating in or financing or directly interested in the labor dispute which caused the stoppage of work; and that
(2) The employee does not belong to a grade or class of workers of which, immediately before the commencement of the stoppage, there were members employed at the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute, except that an individual for whom no work is available and who is not a member of or eligible to membership in the group or organization which caused the stoppage, shall not be considered as belonging to the same grade or class of workers as those who are responsible for the stoppage of work; provided, further, that if, in any case, separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department may, for the purposes of this subsection, be deemed a separate factory, establishment or other premises.
(3) For the purposes of this chapter, the payment of regular union dues or assessments shall not be construed as participating in or financing or being directly interested in a labor dispute.
(4) The individual has, subsequent to his unemployment because of a labor dispute, obtained employment, and has been paid wages of not less than the amount specified in clause (a) of section twenty-four; provided, however, that during the existence of such labor dispute the wages of such individual used for the determination of his benefit rights shall not include any wages such individual earned from the employer involved in such labor dispute.
In addition to the foregoing, an employee shall not be denied benefits as the result of an employer's lockout, whether or not there is a stoppage of work, if such employees are ready, willing and able to work under the terms and conditions of the existing or expired contract pending the negotiation of a new contract unless the employer shows by a preponderance of evidence that the lockout is in response to: (a) acts of repeated and substantial damage to the employer's property, or (b) repeated threats of imminent, substantial damage; provided, however, that such damage or threats of damage are caused or directed by members of the bargaining unit with the express or implied approval of the officers of such unit, and the employer has taken all reasonable measures to prevent such damage to property and such efforts have been unsuccessful.
A lockout, as used in this subsection, shall exist whether or not such action is to obtain for the employer more advantageous terms when an employer fails to provide employment to his employees with whom he is engaged in a labor dispute, either by physically closing his plant or informing his employees that there will be no work until the labor dispute has terminated.
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act reducing construction noise and ensuring worker safety
|
H1832
|
HD1538
| 193
|
{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T13:27:26.05'}
|
[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T13:27:26.05'}, {'Id': None, 'Name': 'Michael Nogrady', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T13:27:26.05'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1832/DocumentHistoryActions
|
Bill
|
By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1832) of Ruth B. Balser and Michael Nogrady relative to the use of white noise reverse alarms on motor vehicles operating on construction sites. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the Massachusetts General Laws is hereby amended by inserting, after Section 6G, the following section:
Section 6H. All motor vehicles operating on a construction site, that would otherwise be required to use a reverse signal alarm per the regulations set by the Occupational Safety and Health Administration, shall use a white noise reverse alarm compliant with the regulations set by the Occupational Safety and Health Administration, as described in 29 CFR 1926.601.
| null |
[]
|
[]
|
[]
|
[]
|
An Act waiving the requirement for on call fire fighters to disclose stipends as income
|
H1833
|
HD671
| 193
|
{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T13:01:21.833'}
|
[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T13:01:21.8333333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1833/DocumentHistoryActions
|
Bill
|
By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 1833) of Donald R. Berthiaume, Jr. relative to waiving the requirement for on call fire fighters to disclose stipends as income for unemployment compensation. Labor and Workforce Development.
|
Section 1. Section 25 of Chapter 151A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end thereof the following paragraph:- An individual who works as an on call town fire fighter does not need to submit that stipend as income for unemployment compensation. A on call fire fighter with stipends shall be considered eligible for unemployment compensation.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to protect the collective bargaining rights of certain administrative employees
|
H1834
|
HD2649
| 193
|
{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:16:34.253'}
|
[{'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-01-19T15:16:34.2533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1834/DocumentHistoryActions
|
Bill
|
By Representative Biele of Boston, a petition (accompanied by bill, House, No. 1834) of David Biele relative to the collective bargaining rights of certain administrative employees. Labor and Workforce Development.
|
Section 1 of chapter 150E of the general laws is hereby amended by inserting after the second sentence of the definition of “employee” the following sentence: No person employed by the commonwealth in the so-called management series, below the level of M-VI, shall be excluded from the coverage of this chapter unless either the department of labor relations has determined that the actual duties of the particular position or positions meet the test of a managerial employee established in the second sentence of this paragraph or an agreement exists with the exclusive representative of the bargaining unit that covers similar types of work.
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act relative to minimum wage for municipal employees
|
H1835
|
HD1904
| 193
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T21:18:19.057'}
|
[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-18T21:18:19.0566667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:20:03.5666667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:56:10.67'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:52:40.4866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1835/DocumentHistoryActions
|
Bill
|
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1835) of Antonio F. D. Cabral and others relative to minimum wage for municipal employees. Labor and Workforce Development.
|
Chapter 41 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 108A the following section: -
Section 108A½. (a) A municipality shall be considered an employer for purposes of section 1 of chapter 151.
(b) In a city or town that accepts subsection (c), subsection (a) shall not apply.
(c) (1) In a municipality with a chief executive officer, the municipality may accept this subsection upon a majority vote of the legislative body of the municipality with the approval of the chief executive officer.
(2) In a municipality without a chief executive officer, the municipality may accept this subsection upon a majority vote of the legislative body of the municipality.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to time and a half wages on Sundays and legal holidays
|
H1836
|
HD3886
| 193
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:07:50.973'}
|
[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:07:50.9733333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:23:36.8066667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:17.7933333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:36:30.1366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:53:02.0633333'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:24:04.2066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1836/DocumentHistoryActions
|
Bill
|
By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1836) of Antonio F. D. Cabral and others relative to time and a half wages. Labor and Workforce Development.
|
SECTION 1. Section 6 of chapter 136 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, line 164, as amended by section 5 of chapter 121 of the acts of 2018, the words "one and two-tenths", and inserting in place thereof the following words: "one and one-half".
SECTION 2. Section 6 of said chapter 136, as so appearing, is hereby amended by striking out, on line 224, as amended by section 10 of chapter 121 of the acts of 2018, "one and one-tenth", and inserting in place thereof the following words: "one and one-half".
SECTION 3. The second paragraph of section 16 of chapter 136, as so appearing, is hereby amended by striking out, as amended by section 15 of chapter 121 of the acts of 2018, the first sentence.
SECTION 4. Sections 6 to 9, inclusive, of said chapter 121 of the acts of 2018 are hereby repealed.
SECTION 5. Sections 11 to 14, inclusive, of said chapter 121 of the acts of 2018 are hereby repealed.
SECTION 6. Section 16 of said chapter 121 of the acts of 2018 is hereby repealed.
SECTION 7. Section 32 of said chapter 121 of the acts of 2018 is hereby amended by striking out the numbers 6 and 11.
SECTION 8. Section 33 of said chapter 121 of the acts of 2018 is hereby amended by striking out the numbers 7 and 12.
SECTION 9. Section 35 of said chapter 121 of the acts of 2018 is hereby amended by striking out the numbers 8 and 13.
SECTION 10. Section 36 of said chapter 121 of the acts of 2018 is hereby amended by striking out the numbers 9, 14, and 16.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the creation of an advisory group on minority workers and business enterprises
|
H1837
|
HD1668
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:29:57.543'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:29:57.5433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1837/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1837) of Daniel Cahill relative to the creation of an advisory group on minority workers and business enterprises. Labor and Workforce Development.
|
SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, there shall be established an advisory group for the purpose of promoting and making recommendations relative to the measures necessary for developing the business enterprises and workforce necessary to support and achieve the goals for expanded participation of minority and women workers and minority and women business enterprises on public construction projects.
The advisory group shall consist of 15 members, 1 of whom shall be the Commissioner of Division of Capital Asset Management and Maintenance, or designee; 1 of whom shall be the secretary of the executive office of labor and workforce development, or designee; 1 of whom shall be appointed by the chair of the Massachusetts Black and Latino Caucus who shall serve as co-chairperson; 1 who shall be appointed by the chair of the Massachusetts Caucus of Women Legislators who shall serve as co-chairperson; the president or designee of the Massachusetts Building Trades Council; the president or designee of the Associated General Contractors of Massachusetts; the president or designee of the Building Trades Employers Association; the president or designee of the Associated Subcontractors of Massachusetts; the president or designee of the Construction Industries of Massachusetts; the president or designee of the Utility Contractors Association of New England; the president or designee of the Massachusetts AFL-CIO; the president or designee of the Massachusetts Minority Contractors Association; the president or designee of the National Association of Women and Construction; the president or designee of the Massachusetts Association of Community Colleges and the executive director or designee of the Massachusetts Association of Vocational Administrators.
The advisory group shall convene no less than two times per year to discuss the measures necessary for developing the business enterprises and workforce necessary to support and achieve the goals for expanded participation of minority and women workers and minority and women business enterprises on public construction projects. The advisory group may file a report with their recommendations with the Joint Committee on Racial Equity, Civil Rights and Inclusion; the Joint Committee on Labor and Workforce Development and the Joint Committee on State Administration, together with any proposed legislation necessary to carry such recommendations into effect.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to prohibit mandatory overtime
|
H1838
|
HD3477
| 193
|
{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T13:01:33.603'}
|
[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T13:01:33.6033333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-26T12:18:20.7233333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T12:18:20.7233333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T16:02:16.61'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-30T16:02:16.61'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T16:02:16.61'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-30T16:02:16.61'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T16:02:16.61'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-31T19:24:51.6133333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-01-31T19:24:51.6133333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-01T12:17:46.9933333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-03T16:12:00.5833333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-13T10:25:48.1966667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-13T10:25:48.1966667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-13T10:25:48.1966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-13T10:25:48.1966667'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-18T22:17:50.6133333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-20T21:33:31.6233333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-04T14:54:58.9033333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-03-06T11:21:11.3733333'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-08T10:14:24.2833333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-03-10T15:29:12.2633333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-15T14:28:01.2133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-15T14:28:01.2133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-24T12:54:59.3466667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-12T12:48:00.0666667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-13T13:22:57.8733333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-06-14T15:56:02.4466667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-06-14T15:56:02.4466667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-14T15:56:02.4466667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-08-17T16:36:59.5666667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-17T16:36:59.5666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1838/DocumentHistoryActions
|
Bill
|
By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1838) of Daniel Cahill and others for legislation to prohibit health care worker mandatory overtime. Labor and Workforce Development.
|
SECTION 1. Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out section 226, and inserting in place thereof the following section:-
Section 226. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Facility" shall mean a hospital licensed under section 51 of this chapter, the teaching hospital of the University of Massachusetts medical school, any licensed private or state-owned and state-operated general acute care hospital, an acute psychiatric hospital, an acute care specialty hospital, any acute care unit within a state operated healthcare facility, or a medium-security state correctional facility for male inmates located in Plymouth County that is operated and maintained by a private company under contract with the Department of Corrections. For purposes of this section, facility shall not include rehabilitation facilities, skilled nursing facilities, other long-term care facilities, or any other Massachusetts correctional facilities.
"Health Care Workforce" shall mean personnel employed by or contracted to work at a facility who have an effect upon the delivery of quality care to patients, including but not limited to registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional and technical workers, and all other health care workers. For purposes of this section, doctors, interns, residents and facility management personnel, as well as any correctional facility security personnel not providing health care services, shall not be considered the health care workforce.
“Mandatory Overtime'' shall mean any hours worked by a member of the health care workforce in a facility to deliver patient care, beyond the predetermined and regularly scheduled number of hours that the hospital and a member of the health care workforce have agreed that the employee shall work, provided that in no case shall such predetermined and regularly scheduled number of hours exceed 12 hours in any 24-hour period.
(b) Notwithstanding any general or special law to the contrary, a facility shall not require a member of the health care workforce to work mandatory overtime except in the case of an emergency situation where the safety of the patient requires its use and when there is no reasonable alternative.
(c) Under subsection (b), whenever there is an emergency situation where the safety of a patient requires its use and when there is no reasonable alternative, the facility shall, before requiring overtime, make a good faith effort to have such hours covered on a voluntary basis. Mandatory overtime shall not be used as a regular practice for providing appropriate staffing for the level of patient care required.
(d) Under subsection (c), the health policy commission established under section 2 of chapter 6D, shall further develop guidelines and procedures to determine what constitutes an emergency situation for the purposes of allowing mandatory overtime. In developing those guidelines, the commission shall consult with those employees and employers who would be affected by such a policy. The commission shall solicit comment from those same parties through a public hearing.
(e) Facilities shall report all instances of mandatory overtime and the circumstances requiring its use to the department of public health or, in the case of the aforementioned medium-security state correctional institution, by the contracting management company and to the department of corrections. Such reports shall be public documents.
(f) A member of the health care workforce shall not be allowed to exceed 16 consecutive hours worked in a 24-hour period. In the event a member of the health care workforce works 16 consecutive hours, that member of the health care workforce must be given at least 8 consecutive hours of off-duty time immediately-after the worked overtime.
(g) This section is intended as a remedial measure to protect the public health and the quality and safety of patient care and shall not be construed to diminish or waive any rights of the member of the healthcare workforce under other laws, regulations or collective bargaining agreements. The refusal of a member of the healthcare workforce to accept work in excess of the limitations set forth in this section shall not be grounds for discrimination, dismissal, discharge or any other employment decision.
| null |
[]
|
[]
|
[]
|
[]
|
An Act providing opportunities for apprentices to complete their training and for ensuring a skilled workforce in the Commonwealth of Massachusetts
|
H1839
|
HD724
| 193
|
{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-17T11:20:49.617'}
|
[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-17T11:20:49.6166667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-26T13:22:20.6666667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-30T09:14:01.2633333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-30T09:14:01.2633333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T09:14:01.2633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-30T09:14:01.2633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-01T12:55:31.3833333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-01T12:55:31.3833333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-01T12:55:31.3833333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-01T12:55:31.3833333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-01T12:55:31.3833333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-03T16:30:56.3266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-03T16:30:56.3266667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-08T13:27:44.8266667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-08T13:27:44.8266667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T11:19:01.5166667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-13T17:01:00.1666667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T17:01:00.1666667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-27T13:27:27.2933333'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-27T13:27:27.2933333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-09T13:55:56.3866667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-09T13:55:56.3866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-30T11:11:24.78'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T11:11:24.78'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-03-30T11:11:24.78'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-04-06T11:09:42.64'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-06-02T12:04:25.02'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-06-02T12:26:31.3933333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-06-26T14:51:21.8'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-06-26T14:51:21.8'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-06-26T14:51:21.8'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-09-21T14:31:21.4433333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-21T14:31:21.4433333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1839/DocumentHistoryActions
|
Bill
|
By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 1839) of Peter Capano and others relative to providing opportunities for apprentices to complete their training and for ensuring a skilled workforce. Labor and Workforce Development.
|
Section 26 of Chapter 149 is hereby amended by adding at the end:
For projects over one million dollars, the total hours of employees, by trade, receiving an hourly wage who are directly employed on the site of the project, employed by the contractor or a subcontractor and subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws which are approved by the division of apprentice training in the executive office of labor and workforce development and in compliance with apprentice ratios established by any trades license board.
Six months after the passage of this act, 5% of the hours shall be performed by apprentices.
One year after the passage of this act, 10% of the hours shall be performed by apprentices.
Two years after the passage of this act, 15% of the hours shall be performed by apprentices.
Section 6 of Chapter 149 A shall be amended by adding a new section:
(f) For projects over one million dollars, the total hours of employees, by trade, receiving an hourly wage who are directly employed on the site of the project, employed by the contractor or a subcontractor and subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws which are approved by the division of apprentice training in the executive office of labor and workforce development and in compliance with apprentice ratios established by any trades license board.
Six months after the passage of this act 5% of the hours shall be performed by apprentices.
One year after the passage of this act, 10% of the hours shall be performed by apprentices.
Two years after the passage of this act, 15% of the hours shall be performed by apprentices.
Chapter 30 Section 39m is hereby amended by adding a new section:
(f) For projects over one million dollars, the total hours of employees, by trade, receiving an hourly wage who are directly employed on the site of the project, employed by the contractor or a subcontractor and subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws which are approved by the division of apprentice training in the executive office of labor and workforce development and in compliance with apprentice ratios established by any trades license board.
Six months after the passage of this act, 5% of the hours shall be performed by apprentices.
One year after the passage of this act, 10% of the hours shall be performed by apprentices.
Two years after the passage of this act, 15% of the hours shall be performed by apprentices.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to financial literacy
|
H184
|
HD1892
| 193
|
{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T18:44:44.233'}
|
[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T18:44:44.2333333'}, {'Id': None, 'Name': 'Deborah Goldberg', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T18:44:44.2333333'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T14:12:02.58'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-06T13:17:45.73'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-08T15:41:10.8066667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H184/DocumentHistoryActions
|
Bill
|
By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 184) of Daniel J. Hunt and others relative to financial literacy. Children, Families and Persons with Disabilities.
|
Section 2 of chapter 18 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended in subsection (e) by inserting, in line 43, after the word “correctional” the following:- “, financial literacy”.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to state employment postings
|
H1840
|
HD2718
| 193
|
{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T15:50:31.723'}
|
[{'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-01-19T15:50:31.7233333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-25T16:18:42.4466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-21T09:38:30.6966667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1840/DocumentHistoryActions
|
Bill
|
By Representative Carey of Easthampton, a petition (accompanied by bill, House, No. 1840) of Daniel R. Carey, Mindy Domb and Joanne M. Comerford relative to employment postings by state agencies and institutions. Labor and Workforce Development.
|
Section 4J of chapter 7 of the General Laws is hereby amended by adding the following paragraph:-
Every agency and institution of the commonwealth shall transmit to the human resources division all employment opportunities, notices, and postings, excluding positions subject to section 46D of chapter 30, chapter 31 and chapter 150E, including, but not limited to, notices of job opportunities, new positions and vacancies. The division shall immediately place all such information in the statewide employment computerized referral system. No position shall be filled without full compliance with this paragraph.
| null |
[]
|
[]
|
[]
|
[]
|
An Act protecting wages of employees who receive wages through an electronic wage card
|
H1841
|
HD1657
| 193
|
{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T15:12:12.763'}
|
[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T15:12:12.7633333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1841/DocumentHistoryActions
|
Bill
|
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1841) of Tackey Chan for legislation to protect wages of employees who receive wages through an electronic wage card. Labor and Workforce Development.
|
SECTION 1. Section 1 of chapter 149 of the General Laws, as appearing in the 2020 official edition, is hereby amended by inserting after the word “apparel,” in line 88 the following words:-
"Payroll card account", a prepaid account that is directly or indirectly established through an employer to which transfers of the employee's wages, salary or other compensation are made, and which carries the consumer protections that apply to payroll card accounts under the Electronic Fund Transfer Act 15 U.S.C. § 1693 et seq., and Regulation E, 29 C.F.R. Part 1005, including the compulsory use provision, as may be amended.
SECTION 2. Section 148 of chapter 149 of is hereby amended in line 107 by inserting after the word “reasonable” the following words:- Any employer paying wages by payroll card account shall provide the employee with the ability to make at least one withdrawal from the payroll card account in each pay period, but not more frequently than once per week, without charge for any amount up to and including the full amount of the employee's net wages for the pay period. Any fees associated with usage of the card after the card’s initial transaction shall be disclosed in advance to the employee, except that the employer is not responsible for disclosing third party fees that are not within control of the employer. Employees who receive wages by credit to a payroll card account must be provided with a means of checking their payroll card account balances, either, through an automated telephone system, or online through the use of the Internet, without cost, irrespective of the number of inquiries made.
| null |
[]
|
[]
|
[]
|
[]
|
An Act requiring OSHA training
|
H1842
|
HD1660
| 193
|
{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T15:25:27.09'}
|
[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-13T15:25:27.09'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-24T16:18:29.8166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1842/DocumentHistoryActions
|
Bill
|
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1842) of Tackey Chan and Michelle M. DuBois for legislation to require that certain construction industry employers provide occupational safety and health administration training to employees. Labor and Workforce Development.
|
SECTION 1. Chapter 143 of the General Laws is hereby amended by inserting after section 100 the following new sections:-
Section 101. Any employer in the construction industry that contracts with clients or customers in residential, commercial, or public works projects, and whose business is subject to oversight by the United States Occupational Safety and Health Administration, shall have its employees receive no less than 10 hours of Occupational Safety and Health Administration training. Employers that contract independent contractors shall require the independent contractor to provide evidence of completing at least 10 hours of a training course approved by the Occupational Safety and Health Administration.
Any employer who utilizes employees without the required training shall be fined $2,500 in the first instance, $5,000 in a second instance and $10,000 for each subsequent instance. Should an employee or contractor die as a violation of this section or a death is found in violation the United States Occupational Safety and Health Administration shall be fined $25,000; provided that no fines shall be issued until the investigation is completed as to the cause of death. The board shall keep a list of violations of this section and violations publically available from United States Occupational Safety and Health Administration and the reason for a violation available and ready for access by the public.
The board shall promulgate rules and regulations on this section, including but not limited to, providing a list of available training providers, providing when employees should be trained again after the initial training and a way for consumers and employees to report violations to the board.
Section 102. The board shall promulgate guidelines by which cities and towns may issue permits to employers in the construction industry that violates section 101 or the United States Occupational Safety and Health Administration, and have been investigated and fines and penalties issued against them. This law shall not restrict routine home maintenance performed by homeowners. Projects that are completed for less than or equal to $10,000.00 remain exempt from this law.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to collective bargaining rights
|
H1843
|
HD2014
| 193
|
{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T16:08:56.253'}
|
[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T16:08:56.2533333'}, {'Id': None, 'Name': 'David Holway', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T16:08:56.27'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1843/DocumentHistoryActions
|
Bill
|
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1843) of Tackey Chan and David Holway relative to collective bargaining rights. Labor and Workforce Development.
|
SECTION 1. Notwithstanding the provisions of Chapter 150E of the general laws or any general or special law to the contrary, any employee organization representing employees of the Commonwealth or it’s political subdivisions may elect, if their collective bargaining agreement has been extended as a result of an evergreen clause, so-called, for periods longer than one year, to adopt a salary escalator equivalent to the United States Department of Labor’s Consumer Price Index for the previous calendar year. The employee organization may continue to exercise this election for every one year period that their contract has been extended through the evergreen clause, so-called.
SECTION 2. The provisions of section one of this act shall be applicable in the municipalities of the Commonwealth only upon the affirmative vote of the city council in the case of a city and the board of selectmen in the case of a town.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to provide collective bargaining rights to employees of the mosquito control projects and mosquito control districts
|
H1844
|
HD2037
| 193
|
{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T16:57:58.103'}
|
[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-18T16:57:58.1033333'}, {'Id': None, 'Name': 'David Holway', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T16:57:58.12'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1844/DocumentHistoryActions
|
Bill
|
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1844) of Tackey Chan and David Holway for legislation to provide collective bargaining rights to employees of the mosquito control projects and mosquito control districts. Labor and Workforce Development.
|
SECTION 1. Section 14D of chapter 252 of the General Laws is hereby amended by inserting at the end thereof the following:- Such authority shall be subject to the provisions of chapter 150E. For purposes of chapter 150E the employer shall be the state reclamation and mosquito control board.
| null |
[]
|
[]
|
[]
|
[]
|
An Act uplifting families and securing the right to strike for certain public employees
|
H1845
|
HD588
| 193
|
{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:02:26.357'}
|
[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-13T16:02:26.3566667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-13T16:03:16.9533333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T11:28:11.59'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-06T14:22:25.9966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-04-12T11:50:02.5633333'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-03T12:46:25.1566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T15:31:21.1533333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-01-23T11:36:36.1566667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-01T23:16:36.89'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:22:21.31'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-05-12T14:39:07.22'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-03-21T12:23:44.6366667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:34:32.8033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-14T14:09:11.82'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T14:55:04.8233333'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:02:54.2366667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-23T11:11:30.0766667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:46:37.8733333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-25T15:13:45.46'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-21T16:25:51.5866667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-12T16:39:59.4833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-21T14:05:30.0966667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-04-14T15:21:21.72'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-07T00:15:19.8066667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:02:26.74'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-17T10:46:33.8366667'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-04-03T09:42:54.43'}]
|
{'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-01-13T16:02:26.357'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1845/DocumentHistoryActions
|
Bill
|
By Representatives Connolly of Cambridge and Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 1845) of Mike Connolly, Erika Uyterhoeven and others relative to securing the right to strike for certain public employees. Labor and Workforce Development.
|
SECTION 1. Section 9 of chapter 150E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 1, the words “a reasonable period” and inserting in place thereof the following words:- 6 months.
SECTION 2. Said section 9 of chapter 150E, as so appearing, is hereby further amended by inserting, in line 19, after the word “mediation” the following words:- not to exceed 6 months.
SECTION 3. Said section 9 of chapter 150E, as so appearing, is hereby further amended by striking out, in line 22, the words “If the impasse continues after the conclusion of mediation, either” and inserting in place thereof the following word:- Either.
SECTION 4. Said section 9 of chapter 150E, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:- The provisions of section 9A of this chapter shall not apply once a petition for a determination of the existence of an impasse is filed under this section, unless the negotiation pertains to public safety employees.
SECTION 5. Said chapter 150E, as so appearing, is hereby further amended in section 9A by striking out the first paragraph and inserting in place thereof the following paragraph:-
(a) No public safety employee or public safety employee organization, or any other public employee or public employee organization prior to 6 months of negotiation over the terms of a collective bargaining agreement pursuant to section 9, shall engage in a strike, work stoppage, slowdown or withholding of services by such public employees.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to contractor accountability
|
H1846
|
HD1319
| 193
|
{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:02:09.917'}
|
[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:02:09.9166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1846/DocumentHistoryActions
|
Bill
|
By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1846) of Mark J. Cusack for an investigation by a special commission relative to accountability in labor and services provided by contractors and subcontractors in the Commonwealth. Labor and Workforce Development.
|
SECTION 1. There shall be a special commission to study and make recommendations to address concerns about the lack of accountability in contracting and subcontracting of labor and services in the Commonwealth. The commission shall consider the question of whether and how individuals and entities that use contractors and subcontractors to perform labor or services shall be held liable for violations of workplace laws and other workplace abuses related to the provision of those services, including but not limited to violations of the Massachusetts wage laws as provided in sections 148, 148A, 148B, 152A, and 159C, of chapter 149; sections 1, 1A, 15, and 19 of chapter 151; and sections 46A through 46R of chapter 140. The commission shall investigate a variety of structures used by firms today, including but not limited to multi-tiered supply chains and temporary staffing in labor-intensive industries such as retail, construction, building services, hospitality, ports, and health care.
The commission shall consist of 12 members who shall be identified and appointed by the secretary of labor and workforce development and shall include at least 4 representatives of unions and community-based organizations that represent or serve workers in industries where contracting and/or subcontracting are common practices. The secretary shall appoint 1 of the 4 representatives from unions and community-based organizations to chair the commission.
The commission shall report the results of its study and its recommendations, together with drafts of legislation if necessary to carry its recommendations into effect, by filing the report with the clerks of the senate and house of representatives, who shall forward the report to the joint committee on labor and workforce development and the house and senate committees on ways and means not later than December 31, 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the small necessities leave act
|
H1847
|
HD1327
| 193
|
{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:03:34.87'}
|
[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:03:34.87'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1847/DocumentHistoryActions
|
Bill
|
By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1847) of Mark J. Cusack relative to family and medical leave. Labor and Workforce Development.
|
SECTION 1: Section 52D of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 6, the words "by blood or marriage to the employee, including a" and inserting in place thereof the following words:-
"by blood, marriage, or adoption to the employee, including a parent or an adoptive."
| null |
[]
|
[]
|
[]
|
[]
|
An Act establishing rights and obligations of transportation network drivers and transportation network companies
|
H1848
|
HD3726
| 193
|
{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T16:19:22.66'}
|
[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T16:19:22.66'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1848/DocumentHistoryActions
|
Bill
|
By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1848) of Mark J. Cusack for legislation to establish rights and obligations of transportation network drivers and transportation network companies. Labor and Workforce Development.
|
SECTION 1. The General Laws, as appearing in the 2020 Official Edition, are hereby amended by inserting after chapter 159A½ the following chapter:-
CHAPTER 159AA.
Section 1. This chapter shall be known as the "Relationship Between Transportation Network Companies and Transportation Network Drivers Act."
Section 2. The purpose of this Act is to define and regulate the contract-based relationship between transportation network companies and transportation network drivers as independent contractors with required minimum compensation and benefits that will operate uniformly throughout the commonwealth, guaranteeing drivers the freedom and flexibility to choose when, where, how, and for whom they work.
Section 3. For the purposes of this chapter, the following words shall have the following meanings:
"Average ACA contribution", 82 per cent of the dollar amount of the average monthly Health Connector premium.
"Average hourly earnings", a transportation network driver's earnings facilitated by the transportation network company during the 365 days immediately prior to the day that earned paid sick time is used, divided by the total hours of engaged time worked by the transportation network driver on that transportation network company's online-enabled application or platform during that period.
"Average monthly Health Connector premium", the dollar amount published pursuant to subsection (f) of section 6 of this chapter.
"Contract", a written agreement, which may be electronic, between a transportation network driver and a transportation network company.
"Earnings", all amounts, including incentives and bonuses, remitted to a transportation network driver, provided that the amount does not include toll fees, cleaning fees, airport fees, or other customer pass-throughs. Amounts remitted are net of service fees or similar fees charged to the transportation network driver by the transportation network company. Amounts remitted do not include tips or gratuities.
"Engaged miles", all miles driven during engaged time in a private passenger motor vehicle that is not owned, leased, or rented by the transportation network company, or any of its affiliates. Transportation network companies may exclude miles if doing so is reasonably necessary to remedy or prevent fraudulent use of the transportation network company's online-enabled application or platform.
"Engaged time", (a) subject to the conditions set forth in subsection (b) in this definition, the period of time, as recorded in a transportation network company's online-enabled application or platform, from when a driver accepts a request for transportation services to when the driver fulfills that request. For requests that are scheduled in advance and for which the driver accepts the request but is not immediately en route to fulfill that request, a driver shall only be considered engaged on a transportation network company's platform when the driver is en route to fulfill that scheduled request, regardless of when the driver accepted the request. Engaged time shall not include (1) any time spent performing transportation services after the request has been canceled by the customer; or (2) any time spent on a request for transportation services where the driver abandons performance of the service prior to completion. Transportation network companies may also exclude time if doing so is reasonably necessary to remedy or prevent fraudulent use of the transportation network company's online-enabled application or platform.
"Health Connector", the Commonwealth Health Insurance Connector Authority established by chapter 58 of the acts of 2006 and section 2 of chapter 176Q.
"Person", shall have the same definition as provided in clause twenty-third of section 7 of chapter 4.
"Private passenger motor vehicle", any passenger vehicle which has a vehicle weight rating or curb weight of 6,000 lbs. or less as per manufacturer's description of said vehicle or is a sport utility vehicle, passenger van, or pickup truck.
"Qualifying health plan", a health insurance plan in which the transportation network driver is the subscriber, that is not paid for in full or in part by any current or former employer, and that is not a Medicare or Medicaid plan.
"Quarter", each of the following 4 time periods: (a) January 1 through March 31; (b) April 1 through June 30; (c) July 1 through September 30; (d) October 1 through December 31.
"Transportation network company", has the same meaning as provided in section 1 of chapter 159A½.
"Transportation network driver", a Transportation network driver, as defined in section 1 of chapter 159A½, that provides transportation services, or a person operating a livery vehicle as defined in 540 CMR 2.00 on a transportation network company's digital network, as defined in section 1 of chapter 159A½.
"Transportation services", the provision of transportation facilitated by the digital network, as defined in section 1 of chapter 159A½, of a transportation network company for which the pickup of the passenger by a transportation network driver occurs in the Commonwealth.
Section 4. (a) Notwithstanding any general or special law or rule or regulation to the contrary, a transportation network driver is an independent contractor and not an employee for all purposes under state law with respect to his or her relationship with the transportation network company if the following conditions are satisfied:
(1) the transportation network company does not unilaterally prescribe specific dates, times of day, or a minimum number of hours during which the person must be logged into the transportation network company's online-enabled application or platform;
(2) the transportation network company may not terminate the contract of the person for not accepting a specific transportation service request except where refusal constitutes a violation of governing federal, state, or local regulations;
(3) the transportation network company does not restrict the transportation network driver from performing services through other transportation network companies except while performing services through the transportation network company's online-enabled application or platform; and
(4) the transportation network company does not contractually restrict the transportation network driver from working in any other lawful occupation or business.
(b) Compliance with the provisions of this chapter shall not be construed as an indicia of an employment relationship between a transportation network driver and a transportation network company.
(c) Any party seeking to establish that the requirements of paragraphs (1) through (4) of subsection (a) are not met with respect to a driver’s relationship with a transportation network company bears the burden of proof.
Section 5. (a) A transportation network company shall ensure that for each earnings period, a driver is compensated at not less than the net earnings floor as set forth in this section. The net earnings floor establishes a guaranteed minimum level of compensation for drivers that cannot be reduced. In no way does the net earnings floor prohibit drivers from earning a higher level of compensation.
(b) For each earnings period, a transportation network company shall compare a driver's net earnings against the net earnings floor for that driver during the earnings period. In the event that the driver's net earnings in the earnings period are less than the net earnings floor for that earnings period, the transportation network company shall include an additional sum accounting for the difference in the driver's earnings no later than during the next earnings period.
(c) For purposes of this section, the following definitions apply:
(1) "Minimum wage", the state mandated minimum wage for all industries as provided by section 1 of chapter 151.
(2) "Earnings period", a time period, set by the transportation network company, not to exceed 14 consecutive calendar days.
(3) "Net earnings", all earnings remitted to a transportation network driver in an earnings period.
(4) "Net earnings floor", any earnings period, a total amount that consists of:
(i) For all engaged time, the sum of 120 per cent of the minimum wage for that engaged time.
(ii) The per-mile compensation for vehicle expenses set forth in this clause multiplied by the total number of engaged miles.
(d) After the effective date of this chapter and for the 2024 calendar year, the per-mile compensation for vehicle expenses shall be 26 cents per engaged mile. For calendar years after 2024, the amount per engaged mile shall be adjusted pursuant to subsection (e).
(e) For calendar years following 2024, the per-mile compensation for vehicle expenses described in subclause (B) shall be adjusted every five years to reflect any change in inflation as measured by the Consumer Price Index for All Urban Consumers (CPI-U) published by the United States Bureau of Labor Statistics, or any successor index or agency. The commissioner of administration shall calculate and publish the adjustments required by this subclause.
(f) Nothing in this section shall be interpreted to require a transportation network company to provide a particular amount of compensation to a driver for any given transportation request, as long as the driver's net earnings for each earnings period equals or exceeds that driver's net earnings floor for that earnings period as set forth in subsection (b) of this section.
Section 6. (a) Consistent with the average contributions required under the federal Patient Protection and Affordable Care Act, Pub. L. 111-148 (March 23, 2010), a transportation network company shall provide a quarterly healthcare stipend to transportation network drivers who meet the conditions set forth in this section. A transportation network driver that averages the following amounts of engaged time per week on a transportation network company's platform during a quarter that commences on or after January 1, 2023 shall receive the following stipends from that transportation network company:
(1) For an average of 25 hours or more per week of engaged time in the quarter, a payment greater than or equal to 100 per cent of the average ACA contribution for the applicable average monthly Health Connector premium for each month in the quarter.
(2) For an average of at least 15 but less than 25 hours per week of engaged time in the quarter, a payment greater than or equal to 50 per cent of the average ACA contribution for the applicable average monthly Health Connector premium for each month in the quarter.
(b) At the end of each earnings period, a transportation network company shall provide to each transportation network driver the following information:
(1) The number of hours of engaged time the transportation network driver recorded in the transportation network company's online-enabled application or platform during that earnings period.
(2) The number of hours of engaged time the transportation network driver has recorded in the transportation network company's online-enabled application or platform during the current quarter up to that point.
(c) The Health Connector may adopt or amend regulations as it deems appropriate to implement this section, including to permit transportation network drivers receiving stipends pursuant to this section to enroll in health plans offered through the Health Connector.
(d)(1) As a condition of providing the healthcare stipend set forth in subsection (a), a transportation network company may require a transportation network driver to submit proof of current enrollment in a qualifying health plan as of the last day of the quarter for which the stipend would be provided. Proof of current enrollment may include, but is not limited to, health insurance membership or identification cards, evidence of coverage and disclosure forms from the health plan, or claim forms and other documents necessary to submit claims.
(2) A transportation network driver shall have not less than 15 calendar days from the end of the quarter to provide proof of enrollment as set forth in paragraph (1) of this subsection.
(3) A transportation network company shall provide a healthcare stipend due for a quarter under subsection within 15 days of the end of the quarter or within 15 days of the transportation network driver's submission of proof of enrollment as set forth in paragraph (1) of this subsection, whichever is later.
(e) Nothing in this section shall be interpreted to prevent a transportation network driver from receiving a healthcare stipend from more than one transportation network company for the same quarter.
(f)(l) On or before 14 days following the effective date of this section, and on or before each September 1 thereafter, the Health Connector shall publish the average statewide monthly premium paid, or anticipated to be paid, by an individual for the following calendar year for a Health Connector bronze tier health insurance plan, or any future successor equivalent plan.
(2) When computing the average as required by paragraph (1) of this subsection, the Health Connector shall divide the total monthly premium paid, or anticipated to be paid, by all enrollees in an individual Health Connector bronze tier health insurance plan, or any future successor equivalent plan, by the total number of individuals in the commonwealth who are enrolled in, or anticipated to be enrolled in, such plans.
(g) This section shall become inoperative in the event that the United States or the Commonwealth implements a single-payer universal healthcare system or substantially similar system that expands coverage to the recipients of stipends under this section.
Section 7. Transportation network companies shall provide transportation network drivers with earned paid sick time as set forth in this section.
(a) "Earned paid sick time", the time provided by a transportation network company to a transportation network driver as calculated under subsection (c) of this section. For each hour of earned paid sick time used by a transportation network driver, the transportation network company shall compensate the driver at a rate equal to the greater of the following:
(1) The transportation network driver's average hourly earnings.
(2) 120 per cent of the minimum wage described in paragraph (1) of subsection (c) of section 5 of this chapter.
(b) A transportation network driver shall only use earned paid sick time for the same reasons set forth for employees in paragraph (1) through paragraph (4) of subsection (c) of section 148C of chapter 149.
(c) A transportation network company shall provide a minimum of one hour of earned paid sick time for every 30 hours of engaged time recorded on or after the effective date of this section by an app based driver in the transportation network company's online-enabled application or platform. Transportation network drivers shall be entitled to first use accrued earned paid sick time upon recording 90 hours of engaged time on the transportation network company's online-enabled application or platform. From that day forward, a transportation network driver may use earned sick time as it accrues. A contract between a transportation network company and a transportation network driver may require the driver to use earned paid sick time in increments of up to 4 hours.
(d) Transportation network drivers may carry over up to 40 hours of unused earned paid sick time to the next calendar year, but are not entitled to use more than 40 hours in one calendar year. Transportation network companies shall not be required to pay out unused earned paid sick time. If a transportation network driver does not record any engaged time in a transportation network company's online-enabled application or platform for 365 or more consecutive days or the transportation network driver's contract with a transportation network company is terminated, any unused earned paid sick time accrued up to that point with that transportation network company shall no longer be valid or recognized.
(e) A transportation network company may require certification when a transportation network driver makes a request to use more than 24 hours of earned paid sick time in a 72-hour period or when reasonably necessary to prevent fraud. Any reasonable documentation signed by a health care provider indicating the need for earned paid sick time taken shall be deemed acceptable certification for absences. Nothing in this section shall be construed to require a transportation network driver to provide as certification any information from a health care provider that would be in violation of federal law.
Section 8. (a) A transportation network driver shall be entitled to coverage in the family leave and medical leave programs established by chapter 175M as set forth in this section unless the driver declines coverage via a written notification, which may be electronic, to the transportation network company. Such declination shall continue to be effective until revoked by the driver. A transportation network company shall provide an opportunity for a transportation network driver to revoke a declination not less than annually. A declination or revocation of a declination shall be effective 15 days following a transportation network driver's submission of a written notification to the transportation network company.
(b) For purposes of this section and chapter 175M of the only, all of the following shall apply:
(1) A transportation network driver who has not declined coverage, or revoked a previous declination, shall be considered a covered individual, as defined in section 1 of chapter 175M, on the same basis as a covered contract worker, as defined in chapter 175M; provided, however, that a transportation network driver shall not be eligible for benefits until contributions have been made on the driver's behalf for at least 2 quarters of the driver's last 4 completed quarters.
(2) A transportation network company shall be considered a covered business entity, as defined in chapter 17SM, for the limited purpose of making contributions, as defined in chapter 175M, to the Family and Employment Security Trust Fund for each transportation network driver who has not declined coverage in the family leave and medical leave programs pursuant to subsection (a). Contributions under this paragraph shall be made in the same manner as provided in section 6 of chapter 175M for covered contract workers, as defined in chapter 175M.
Section 9. (a) For the purposes of this section, the following words shall have the following meanings:
(1) "Average weekly earnings", the transportation network driver's total earnings from all transportation network companies during the 28 days prior to the accident divided by four.
(2) "Online", means the time when a transportation network driver is utilizing a transportation network company's online-enabled application or platform and can receive requests for transportation services from the transportation network company, or during engaged time.
(3) "Maximum weekly compensation rate", has the same meaning as provided in section 1 of chapter 152.
(4) "Minimum weekly compensation rate", bas the same meaning as provided in section 1 of chapter 152.
(b) Each transportation network company, within 240 days of the effective date of this act, shall purchase occupational accident insurance, as described in this section, for all drivers who provide transportation services through the transportation network company's online-enabled application or platform.
(c) Each transportation network company shall file with the division of insurance, no later than 30 days after the commencement of a new policy year, a copy of the occupational accident insurance policy it has purchased for transportation network drivers. The division of insurance shall be treated by the insurer as a certificate holder for purposes of receiving notice of cancellation of the policy.
(d) The occupational accident insurance policy required under subsection (b) shall cover medical expenses and lost earnings resulting from injuries suffered while the transportation network driver is online with a transportation network company's online-enabled application or platform. Policies shall at a minimum include a total combined single limit of $1,000,000 per accident and provide for payment of benefits to a covered individual as follows:
(1) Coverage for medical expenses incurred, up to at least $1,000,000 and for up to 156 weeks following the injury;
(2) Continuous total disability payments, temporary total disability payments, and partial disability payments for injuries that occur while the driver is online equal to 66 per cent of the driver's average weekly earnings as of the date of injury but not more than the maximum weekly compensation rate, unless the average weekly earnings of the driver is less than the minimum weekly compensation rate, in which case the weekly compensation shall be equal to the driver's average weekly earnings. Payments under this paragraph shall be made for up to the first 156 weeks following the injury;
(3) For the benefit of spouses, children, or other dependents of drivers, accidental death insurance in the amount equal to 66 per cent of the driver's average weekly earnings as of the date of injury but not more than the maximum weekly compensation rate, unless the average weekly earnings of the driver is less than the minimum weekly compensation rate, in which case the weekly compensation shall be equal to the driver's average weekly earnings, times 156 weeks for injuries suffered by a transportation network driver while the driver is online with the transportation network company's online-enabled application or platform that result in death; and
(4) When injuries suffered by a transportation network driver while the transportation network driver is online result in death, an amount to pay for reasonable burial expenses not to exceed eight times the maximum weekly compensation rate.
(e) Occupational accident insurance under subsection (d) of this section shall not be required to cover an accident that occurs while online but outside of engaged time where the injured driver is in engaged time on one or more other transportation network company platforms or where the driver is engaged in personal activities. If an accident is covered by occupational accident insurance maintained by more than one transportation network company, the insurer of the transportation network company against whom a claim is filed is entitled to contribution for the pro-rata share of coverage attributable to one or more other transportation network companies up to the coverages and limits in subsection (d).
(f) Any benefits provided to a driver under this section shall be considered amounts payable under a driver's compensation law or disability benefit for the purpose of determining amounts payable under any insurance provided under section 113l of chapter 175 or for personal injury protection, as defined in section 34A of chapter 90.
Section 10. (a) A contract between a transportation network company and a transportation network driver shall be made in writing, which may be electronic.
(b) Every contract between a transportation network driver and a transportation network company with regard to transportation services shall be deemed to include terms incorporating the requirements in sections 4 through 9 of this chapter. The parties to such contracts may agree to supplemental terms which do not conflict with the terms deemed to be included by this chapter.
(c) A transportation network company shall not terminate a contract with a transportation network driver, except on grounds specified in the contract or as is required by law.
(d) A contract between a transportation network company and a transportation network driver shall provide drivers whose contracts are terminated by the transportation network company the opportunity to appeal such termination with the transportation network company.
(e) A transportation network company shall not, unless based upon a bona fide occupational qualification or public or transportation network driver safety need, refuse to contract with or terminate the contract of a transportation network driver based upon race, color, religious creed, national origin, sex, gender identity, genetic information, ancestry, status as a veteran, pregnancy or a condition related to said pregnancy including, but not limited to, lactation or the need to express breast milk for a nursing child, or sexual orientation, which shall not include persons whose sexual orientation involves minor children as the sex object.
SECTION 2. (a) In accordance with section 6 of chapter 4 of the General Laws, if any section or subsection of this Act or its application to any person or circumstance is adjudged unconstitutional or invalid, such judgment shall not affect other provisions or applications of this Act, which can be given effect without the invalid provision or application.
(b) Notwithstanding subsection (a), if section 4 of chapter 159AA, as established in SECTION 1 of this act, is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall apply to the entirety of the remaining provisions of this act, and no provision of this act shall be deemed valid or given force of law.
SECTION 3. The provisions of this Act shall take effect on January 1, 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to salary range transparency
|
H1849
|
HD2814
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T11:52:28.74'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T11:52:28.74'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-23T07:20:22.7866667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-23T12:11:18.3533333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-28T14:50:40.92'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T14:50:50.2433333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-09T14:00:36.4333333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-27T11:15:17.63'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-25T16:09:46.26'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-14T12:08:27.6666667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-28T15:01:04.45'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-08T13:20:49.4033333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-03-01T15:14:45.3833333'}, {'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-02-09T14:37:30.5266667'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-05-03T13:20:50.87'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:33:20.0766667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-01-30T15:42:18.9466667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-08T10:00:15.1866667'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-05-10T10:50:07.1066667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-11T09:01:32.33'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:38:53.1933333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T13:51:39.36'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-03-16T14:58:50.2766667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-02-10T10:24:12.2266667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-03-29T15:15:24.16'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T09:37:15.13'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-27T15:17:03.6833333'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-03-22T15:57:03.19'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-05-01T22:07:41.29'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T12:29:15.9533333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-02T16:13:09.1333333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-14T08:37:52.7433333'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T15:05:33.92'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T14:17:25.5533333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-02-23T10:47:50.3133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-12T20:55:44.3'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-10T14:20:50.9366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-30T16:47:44.1633333'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-24T11:09:31.2566667'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-04-06T14:14:32.1833333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-03-06T09:25:55.4066667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-03-13T09:55:10.4333333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-01T11:06:23.1366667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T10:45:10.88'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-02T11:41:58.4666667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T13:51:45.8833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T22:48:35.2433333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-06T12:10:16.32'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-14T15:35:40.17'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T12:53:15.9666667'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-03T15:39:53.39'}, {'Id': 'jwm1', 'Name': 'Joseph W. McGonagle, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jwm1', 'ResponseDate': '2023-03-29T09:50:43.8366667'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-02-08T16:59:26.95'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-20T16:18:44.39'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-09-12T16:26:22.5933333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-03-01T09:41:27.64'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:31:32.4566667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-02-01T18:06:10.21'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-08T10:31:07.09'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-28T18:50:37.5966667'}, {'Id': 'FEP1', 'Name': 'Francisco E. Paulino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FEP1', 'ResponseDate': '2023-01-24T19:02:49.5633333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T17:52:43.8066667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:35:35.4933333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-15T14:54:12.9933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T16:29:52.1766667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:41:56.9133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T17:04:16.96'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:40:06.3866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-24T11:33:24.1933333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-03-14T15:49:21.51'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-03-30T16:42:25.87'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-10T14:20:20.16'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-02T11:23:51.5433333'}, {'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-23T10:45:36.7666667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-02-02T15:32:55.2666667'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-03-13T12:07:11.2266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:41:12.9'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-03T19:40:27.4133333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-25T12:09:37.58'}]
|
{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T11:56:12.87'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1849/DocumentHistoryActions
|
Bill
|
By Representatives Cutler of Pembroke and Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1849) of Josh S. Cutler, Brandy Fluker Oakley and others relative to salary range transparency by certain employers. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 105D the following section:-
Section 105E. (a) As used in this section, the following words shall have the following meanings:
“covered employer” shall mean any employer, public or private, that employs 15 or more employees in Massachusetts.
“pay range” shall mean the annual salary range or hourly wage range or other compensation that the employer reasonably and in good faith expects to pay for such position at that time.
(b) A covered employer, or agent of said employer, shall disclose the pay range for a particular employment position within the advertising or posting of the position.
(c) A covered employer, or agent of said employer, shall provide the pay range for a particular employment position to an employee offered a promotion or a transfer to a new position.
(d) A covered employer, or agent of said employer, shall provide the pay range for a particular employment position to an employee holding such position, or to an applicant for such position, upon request.
(e) It shall be an unlawful practice for any employer to discharge or in any other manner retaliate or discriminate against any employee or applicant because such employee or applicant has opposed any act or practice made unlawful by this section, or has made any complaint to his employer, the attorney general, or any other person, or instituted, or caused to be instituted, any proceeding under or related to this section, or has testified or is about to testify in any such proceeding.
(f) The Attorney General shall enforce this section and may obtain injunctive or declaratory relief for this purpose. Any covered employer who violates this section, including failure to disclose a good-faith pay range, shall be punished by a warning for the first offense and not more than $500 for the second offense. For a third or subsequent offense, violation of this section shall be subject to section 27C(b)(1) and (2) of chapter 149. No violation of this section shall be construed to carry treble damages in chapter 149 section 150.
(g) The Attorney General shall conduct a public awareness outreach campaign, which shall include, but not be limited to, making information available on its website and otherwise informing employers of the provisions of this section.
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act relative to the healthy incentives program
|
H185
|
HD1981
| 193
|
{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:35:04.843'}
|
[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T16:35:04.8433333'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-19T10:15:00.62'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:32:27.57'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T09:53:46.8966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-01-31T16:51:00.0366667'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-01-31T14:59:44.6966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-15T20:45:23.93'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-25T00:53:56.25'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-10T00:02:03.87'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-05-17T20:52:13.3566667'}]
|
{'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-17T16:35:04.843'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H185/DocumentHistoryActions
|
Bill
|
By Representatives Jones of North Reading and Kane of Shrewsbury, a petition (accompanied by bill, House, No. 185) of Bradley H. Jones, Jr., Hannah Kane and others relative to establishing a healthy incentives program for the purpose of ensuring the needs of SNAP recipients and farmers. Children, Families and Persons with Disabilities.
|
SECTION 1. The department of transitional assistance and the department of agricultural resources shall jointly select a state-wide organization, which engages with both SNAP recipients and Massachusetts farmers, to conduct a survey regarding the healthy incentives program for the purpose of ensuring that said program is best meeting the needs of both consumers and farmers, and to inform future outreach efforts about the program. The survey shall be distributed to both participants and non participants of the program.
The survey shall collect information about the healthy incentives program from Massachusetts farmers and SNAP recipients, including, but not limited to:
(i) The knowledge that both participants and non participants have about the healthy incentives program including, but not limited to, the purpose and benefits of the program, and where and how the benefits of the program can be utilized;
(ii) the frequency with which participants utilize the program;
(iii) how and where participants learned about the program;
(iv) any barriers that both participants and non participants experience when trying to utilize the program;
(v) and feedback from both participants and non participants regarding their experiences with the program.
SECTION 2. The commissioners of the Massachusetts department of transitional assistance and the department of agricultural resources shall establish rules and procedures, including deadlines for dissemination and collection of survey information, consistent with the purposes of this act, and shall promote the effective solicitation to achieve the highest practical response rate, collection, and publication of information gathered from the commonwealth’s farmers and SNAP recipients regarding their experiences with and knowledge of the healthy incentive’s program. The commissioners shall ensure that the survey is conducted no later than 12 months within the passage of this act. The commissioners shall also ensure that the results of the survey are published on their department’s websites, and submitted to the clerks of the house and senate within 12 months of the passage of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to provide economic security for fishing industry participants
|
H1850
|
HD779
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:15:21.787'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:15:21.7866667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-20T13:08:49.6766667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:14:25.5566667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:41:01.6666667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:37:41.19'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:24:46.7133333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T15:03:24.9566667'}]
|
{'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-01-17T12:38:26.783'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1850/DocumentHistoryActions
|
Bill
|
By Representatives Cutler of Pembroke and Kearney of Scituate, a petition (accompanied by bill, House, No. 1850) of Josh S. Cutler, Patrick Joseph Kearney and others for legislation to authorize the Secretary of Labor and Workforce Development to analyze the economic disruption and harm to the financial stability of those engaged in commercial fishing in the Commonwealth. Labor and Workforce Development.
|
Section 1 - Notwithstanding any general or special law to the contrary the Secretary of Labor and Workforce Development, in consultation with the Division of Marine Fisheries , is hereby authorized and directed to analyze the economic disruption and harm to the financial stability of those engaged in commercial fishing in the Commonwealth that results from the inability to earn income as a result of state and federal regulatory actions including but not limited to area closures, gear restrictions, and time limitations, and to develop a plan to mitigate such harm through mechanisms such as modifications to the state's unemployment insurance system to take into account the particular circumstances resulting from such regulatory actions.
Section 2 - In carrying out the provisions of section 1 the Secretary shall take into account the economic hardship occurring as a result of seasonal closures in the commercial lobster fishery for the purpose of preventing harm to North Atlantic Right Whales, in addition to other seasonal closures presently in place or which may occur in the future.
Section 3 - The Secretary shall file any plan developed pursuant to this act, together with any legislative recommendations to carry it out, with the clerks of the House and Senate not later than April 1, 2022.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to workforce training
|
H1851
|
HD66
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:30:12.327'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:30:12.3266667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T14:51:11.2166667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:09:53.27'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T14:24:16.46'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:24:32.81'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:24:50.96'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:15:46.8366667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-31T14:03:27.56'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-23T09:29:30.5266667'}]
|
{'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-01-31T14:05:00.5'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1851/DocumentHistoryActions
|
Bill
|
By Representatives Cutler of Pembroke and Lipper-Garabedian of Melrose, a petition (accompanied by bill, House, No. 1851) of Josh S. Cutler, Kate Lipper-Garabedian and others relative to education and training programs specializing in uses of blockchain technology. Labor and Workforce Development.
|
SECTION 1. Chapter 29 of the Massachusetts 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 known as the Blockchain Labor Force Career Training Trust Fund, hereinafter called the fund. The fund shall be administered by the department of career services which shall contract with the Commonwealth Corporation to administer the fund. The fund shall be credited with: (i) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) interest earned on such revenues; and (iii) funds from public and private sources, including, but not limited to, economic development initiatives to foster the blockchain-based industries in Massachusetts, and other gifts, grants and donations for the establishment and expansion of labor and workforce training and development initiatives to support the blockchain technology industry. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) The Commonwealth Corporation shall make expenditures from the fund for the purposes of:
(i) providing grants to employers, employer associations, one-stop career centers, local workforce development entities, vocational technical schools, and institutions of higher education for the adoption of programs in basic technical training and industry-recognized accreditation in blockchain labor technology occupations;
(ii) providing grants to institutions of higher education for the development, expansion and promotion of blockchain technology professional certificate programs and courses tailored to careers in the blockchain technology industry for students in associate and baccalaureate degree programs;
(iii) providing grants to employers, employer associations, one-stop career centers, local workforce development entities, vocational technical schools, and institutions of higher education for the sponsorship of award, scholarship and paid internship programs to support the education and training of individuals seeking careers in the blockchain technology industry; provided, however, that the Commonwealth Corporation shall prioritize the promotion of blockchain labor careers in occupations that it identifies as high need;
(iv) providing grants to regional employment boards to develop a regional strategy to support the development of the blockchain technology industry and to publish their findings as an addendum to their workforce development blueprints; and
(v) leveraging funds to secure future federal funding to support workforce development within the blockchain technology industry in the commonwealth.
(c) The director of career services shall annually, not later than December 31, report to the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on labor and workforce development on the status of grants awarded under this section, including the number of educational and eligible service providers receiving grants; the number of participants receiving services; the number of participants placed in employment; the salary and benefits that participants receive after placement; the cost per participant; relevant demographic information about said participants, including but not limited to sex, gender identity, race, and ethnicity and job retention or promotion rates year after training ends.
SECTION 2. (a) Notwithstanding any general or special law to the contrary, the executive office of labor and workforce development, in consultation with the department of career services, the executive office of economic development, the Commonwealth Corporation, and other stakeholders as the executive office may determine, shall develop a comprehensive strategic plan for creating education and training programs specializing in uses of blockchain technology and matching those programs with employment opportunities with blockchain technology companies across the commonwealth. This new comprehensive strategic plan shall include but not be limited to strategies, programs, initiatives, and new state funding addressing the following:
(i) improving awareness of the range of blockchain career opportunities in educational and work settings, and other opportunities for career advancement;
(ii) workforce development entities and institutions of higher education with the technology, facilities, teachers, and staff able to support workforce training in blockchain technologies;
(iii) expansion of alternative education programs, including but not limited to more flexible scheduling, stackable credentialing programs and work-based apprenticeships; and
(iv) more coordination between employer-based training and any new and existing worker training initiatives conducted by the executive office of labor and workforce development and by any other state agencies and subcontracted organizations.
(b) Not later than one year after passage of this Act, the executive office shall prepare and distribute a final report detailing the elements of the comprehensive strategic plan and offering findings and recommendations for subsequent legislative, regulatory or other state action to the joint committee on labor and workforce development, the joint committee on economic development and emerging technologies, the joint committee on advanced information technology, the internet and cybersecurity, and to the house and senate committees on ways and means.
SECTION 3. (a) The executive office of labor and workforce development shall, within one year of the effective date of this Act, establish, fund and implement a Blockchain Technology Workforce Development Pilot Program to demonstrate the impact of a work-based learning program that offers paid training of new workers with limited or no prior experience in blockchain technology occupations. Such Pilot shall include state funding or subsidies that offset employer’s cost of providing this training and that shall be utilized to offer paid training opportunities.
(b) There shall be a Blockchain Technology Workforce Development Pilot Program Advisory Committee. The secretary of labor and workforce development or designee shall appoint such advisory committee to represent significant constituencies, beneficiaries and stakeholders, including, but not limited to, the department of business development, the department of higher education, the Boston Blockchain Association, the Massachusetts Technology Collaborative, the Massachusetts Institute of Technology and other stakeholders as the executive office may determine. The executive office of labor and workforce development shall administer the program.
(c) The advisory committee shall advise the executive office on matters and policies affecting the Blockchain Technology Workforce Development Pilot Program. The committee shall supply constituent-focused labor market information, review general programmatic parameters and guidelines, and assist with the identification of issues and barriers to the Pilot’s efficiency and effectiveness. The committee shall meet from time to time, but at least quarterly.
(d) Not later than 2 years after the implementation of the Pilot, the executive office shall provide a final report detailing the results of the Pilot and offering findings and recommendations for subsequent state action to the house and senate committees on ways and means and the joint committee on labor and workforce development.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to youth soccer referees
|
H1852
|
HD74
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:14:50.56'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:14:50.56'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:17:06.87'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1852/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1852) of Josh S. Cutler and Kathleen R. LaNatra relative to the employment of certain youth sports referees. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after section 191 the following section:-
SECTION 192. A minor of twelve or thirteen years of age may be employed as a youth soccer referee for recreational non-results oriented matches for an age bracket younger than the minor’s own age; provided, that (1) the employer possesses a written consent from the minor's parent or guardian; (2) the employer provides the minor’s parent or guardian with written policies describing the responsibilities of a referee; (3) that said employer also provides the minor with training before the minor's employment begins; and (4) an adult representing the employer is on the premise during the match.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the Department of Unemployment Assistance Advisory Council
|
H1853
|
HD76
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T14:25:35.583'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T14:25:35.5833333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:05:48.28'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T14:07:03.25'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:23:16.32'}, {'Id': 'J_M1', 'Name': 'Joan Meschino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_M1', 'ResponseDate': '2023-07-11T14:47:24.7366667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:16:45.13'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1853/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1853) of Josh S. Cutler and others relative to the Department of Unemployment Assistance Advisory Council. Labor and Workforce Development.
|
SECTION 1. Section 9N of chapter 23 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:-
(a) There shall be in the department of unemployment assistance, but not subject to the control of the director of unemployment assistance, a state advisory council of seven members appointed by the governor, including at least 1 member from each list of nominees submitted by the following organizations: the Associated Industries of Massachusetts, the Massachusetts AFL–CIO, the Massachusetts Legal Assistance Corporation, and the Retailers Association of Massachusetts. The governor shall from time to time designate one of the members as chairman. Of the members originally appointed, two members shall be chosen for a term of four years, and the remaining members shall be chosen for a term of six years; and thereafter as their terms expire the governor shall appoint members for terms of six years. Vacancies shall be filled by appointment by the governor, with like advice and consent, for the remainder of the unexpired term, except that if the governor fails to fill such vacancy within sixty days after such vacancy exists, such vacancy shall be filled forthwith by a majority vote of all the remaining members of the advisory council for the remainder of the unexpired term. All members shall serve until the qualification of their respective successors. The council shall meet at least six times a year. Each of the members of the council shall receive the sum of one hundred dollars as compensation for each day's attendance at meetings of the council; provided, that the total amount paid hereunder to any such member shall not exceed three thousand dollars in any calendar year. Members of the council shall receive their traveling and other necessary expenses incurred in the performance of their duties. The director of unemployment assistance shall provide for the council suitable meeting quarters and such clerical and other assistance as the council may deem necessary. Said offices and the incumbents thereof shall not be subject to chapter thirty-one and the rules and regulations made thereunder.
SECTION 2. Said section 9N of said chapter 23 is hereby further amended by inserting after the last paragraph the following paragraph:-
(c) The state advisory council shall be subject to sections 18 through 25, inclusive, of chapter 30A of the general laws.
SECTION 3. Section 62 of chapter 151A of the General Laws is hereby amended by striking out, in line 28, the words “commerce and labor”, and inserting in place thereof the following words:- labor and workforce development
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act establishing the re-entry works fund
|
H1854
|
HD77
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T14:31:07.06'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T14:31:07.06'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:35:11.0033333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-03-04T10:52:23.3166667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T14:54:48.77'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-02T15:41:02.9866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:04:02.9066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:23:28.6266667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:22:27.7'}, {'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-26T16:23:51.0766667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:30:31.7766667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1854/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1854) of Josh S. Cutler and others relative to establishing the re-entry works fund. Labor and Workforce Development.
|
SECTION 1. 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. (a) There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Re-Entry Works Fund that shall be administered by the department of career services, which may contract with the Commonwealth Corporation to administer the fund. There shall be credited to the fund: (i) revenue from appropriations and other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources such as gifts, grants and donations to further workforce development among formerly incarcerated individuals transitioning into the labor force; (iii) interest earned on money in the fund. Amounts credited to the fund shall not be subject to further appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) The department shall expend monies from the fund established in subsection (a) of this section for a re-entry workforce development and supportive services program for formerly incarcerated individuals transitioning from a house of correction or the department of correction to a steady job or career. Program funds shall be used for: (i) job training for formerly incarcerated individuals within one year of their period of incarceration in order to facilitate job placement; (ii) wage subsidies to facilitate private sector employment and professional development; (iii) support services and programs for court-involved youths; and (iv) partnership programs for formerly incarcerated individuals. Partnership programs for formerly incarcerated individuals may include costs for support services including, but not limited to, transportation and childcare, to eliminate barriers to participation in the training program.
(c) No later than April 1 of each year, the department shall file a report on this program with the executive office for administration and finance, the house and senate committees on ways and means, and the joint committee on labor and workforce development. The report shall include the annual amount credited to the fund, the number of educational and eligible service providers receiving funding and the amounts granted, the selection process of providers who receive funding, the number of participants receiving services, the number of participants placed in employment, the employment placement of participants by occupation, the salary and benefits that participants receive after placement, the cost per participant, and job retention or promotion rates one year after training ends.
(d) The department shall conduct an annual public education campaign to inform justice-involved individuals, houses of correction, and potential and actual employer partners about the availability of services under this program, the location and funding of services under this program, and any admission requirements for services under this program. The department shall prepare and disseminate model multilingual forms to be used by correctional facilities as posted notice under this section.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to protecting wages of deceased employees
|
H1855
|
HD95
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-09T09:42:32.3'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-09T09:42:32.3166667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:04:36.7266667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:35:57.55'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:23:42.4833333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-20T10:55:21.65'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:19:45.16'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:41:51.82'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1855/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1855) of Josh S. Cutler and others relative to protecting wages of deceased employees. Labor and Workforce Development.
|
Section 1. Section 178A of Chapter 149 of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking the entire section and inserting in place thereof the following section:-
Section 178A.
(a) In the event of the death of an employee all wages due the deceased employee at the time of death, may, upon proper demand on the employer, be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to decedent's:
(i) surviving spouse;
(ii) children 18 years of age and over in equal shares, or to the guardian of children under 18 years of age;
(iii) father and mother;
(iv) sibling; or
(v) another person not otherwise identified above who pays the funeral expenses.
(b) Payments under subsection (a) of this section shall constitute a full discharge of all obligations of the employer with respect to such wages and shall hold the employer harmless from any liability in any legal action brought after the payment of these wages.
(c) Any employer receiving a proper demand for wages under the statute shall retain the demand and any supporting documentation, as well as proof of payment, as part of the employee’s personnel record as provided in chapter 149, section 52C.
(d) Definitions
“Proper demand” shall consist of a written request in the form of an affidavit sworn to under penalty of perjury by the individual or individuals identified in subsection (a) above, indicating that the individual or individuals are entitled to the wages under subsection (a), and with the following supporting documentation:
(i) written notice of the employee’s death such as an obituary or death notice;
(ii) written evidence of the relationship between the deceased employee and the individual requesting the payment of final wages; and
(iii) in the event that the demand is from a person who is not next of kin as described in subsection (a), evidence that the claimant paid for the decedent employee’s funeral.
“Wages” shall have the same meaning as defined in chapter 149, section 148.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to WorkShare working better
|
H1856
|
HD105
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-09T11:18:43.47'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-09T11:18:43.47'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:23:04.9333333'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T17:55:39.3566667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:39:07'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:16:24.0466667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1856/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1856) of Josh S. Cutler and others relative to the WorkShare program and for the creation of a commission (including members of the General Court) to study the effectiveness of said program. Labor and Workforce Development.
|
SECTION 1. Section 29D of chapter 151A of the General Laws is hereby amended by inserting after subsection (k), the following subsection:-
(l) (1) Notwithstanding anything in this section to the contrary, when the commonwealth determines an “on” indicator for extended benefits in accordance with Section 30A of this chapter, the director shall have the authority to temporarily waive specific employer eligibility requirements that are not required under the Federal Unemployment Tax Act, 26 U.S. C. § 3306 (v) or applicable federal regulations, including the requirement set forth in section B that an employer hold a positive or neutral account reserve percentage as of the most recent computation date to be eligible to participate.
(2) Temporary Waivers created under this section shall be operative for the lesser of: (i) one year or (ii) the duration of the “on” indicator under section 30A. After the termination of a temporary waiver, the department may file for another through the same process.
SECTION 2. Said Section 29D of said chapter 151A, as so appearing, is hereby further amended by inserting after subsection (l), the following subsection:-
(m) No later than April 1 of each year the commissioner shall cause to be published a report providing the following information concerning the workshare program over the previous year: (i) The number of employers participating in the program; (ii) The number of employees covered under an eligible worksharing plan; (iii) The number of weeks of state unemployment insurance that have been claimed by workers under an eligible worksharing plan; (iv) The amount of benefits paid to workers under an eligible worksharing plan; (v) Number of equivalent full time weeks claimed by workers under eligible worksharing plans; (vi) a breakdown of the industries of employers participating in the workshare program and the number of workers under eligible plans in each industry; and (vii) a description of efforts undertaken to promote awareness and utilization of the program. Said report shall be filed with the clerks of the house of representatives and the senate, the joint committee on labor and workforce development and the house and senate committees on ways and means.
SECTION 3. The executive office of labor and workforce development, or any department or agency thereof designated by the executive office, shall establish a public information campaign to educate and promote awareness of the WorkShare program among eligible employers and industries. Said campaign shall include, but not be limited to: (1) the distribution of print or digital promotional materials to employers about the program; (2) collaboration with business representatives and organizations to hold regional meetings with employers; (3) advertisements about the program on the executive office of labor and workforce development website and social media; and (4) other steps that the secretary deems necessary to promote the WorkShare program.
SECTION 4. (a) There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to study and develop recommendations on the future of the WorkShare program established in section 29D of chapter 151A of the General Laws.
The commission shall consist of the following 14 members: the chairs of the joint committee on labor and workforce development, who shall serve as co-chairs; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; 2 members appointed by the secretary of labor and workforce development; 2 members appointed by the Massachusetts Workforce Association; 1 member appointed by the Massachusetts State Labor Council, AFL-CIO; 1 member appointed by the Associated Industries of Massachusetts, Inc.; 1 member appointed by the Alliance for Business Leadership, Inc.; 1 member appointed by the Massachusetts Restaurant Association, Inc.; 1 member appointed by the Black Economic Council of Massachusetts; and 1 member appointed by the Retailers Association of Massachusetts, Inc.
(b) The commission shall study the effectiveness of the workshare program, including, but not limited to: (i) barriers to entry that employers have found in trying to utilize the workshare program; (ii) current program eligibility requirements as compared to the federal requirements set forth in the Federal Unemployment Tax Act, 26 U.S. C. § 3306 (v); (iii) policies and practices of other states that were particularly successful in scaling up engagement during recent economic downturns; and (iv) options for improving awareness and utilization of the workshare program among businesses and workers.
(c) The commission shall hold at least 1 public hearing and may hold additional hearings as necessary at which members of the public shall have an opportunity to speak.
(d) Within two years of this act being signed into law, the commission shall file a report on its findings and recommendations with the clerks of the house of representatives and the senate, the joint committee on labor and workforce development and the house and senate committees on ways and means.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to apprenticeship standards
|
H1857
|
HD133
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T12:46:08.69'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T12:46:08.69'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T14:59:16.9533333'}, {'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-24T14:18:08.5066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:20:49.9366667'}, {'Id': 'WSP1', 'Name': 'Smitty Pignatelli', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WSP1', 'ResponseDate': '2023-01-24T09:37:43.0033333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-23T09:28:09.05'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-27T15:45:24.45'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1857/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1857) of Josh S. Cutler and others relative to apprenticeship standards. Labor and Workforce Development.
|
SECTION 1. Section 1 of chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 12 and 13, the words “and the department of labor relations” and inserting in place thereof the following words:- , the department of labor relations and the department of apprenticeship standards
SECTION 2. The first paragraph of section 11E of said chapter 23, as so appearing, is hereby amended by striking out the first to third sentences, inclusive, and inserting in place thereof the following 4 sentences:-
There shall be in the department of apprenticeship standards an apprenticeship council, to consist of 12 members, 10 of whom shall be appointed by the secretary of labor and workforce development, 1 of whom shall be the director of the department of apprenticeship standards or a designee thereof, who shall serve as chair, and 1 of whom shall be the associate commissioner of career and technical education or his successor, in the department of education. Of the appointive members, 4 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of labor, provided that at least 1 of whom shall be recommended by the president of the Massachusetts Building Trades Council, and 4 of whom shall be persons who, on account of previous vocation, employment, occupation or affiliation, may be classified as representatives of management, provided that at least 1 of whom shall be recommended by the Massachusetts Apprentice Network. The appointive members shall represent a variety of industries and geographical diversity across the commonwealth. The terms of office of the representatives of labor and management initially appointed shall expire as designated by the director of the department of apprenticeship standards at the time of making the appointments, 1 representative each of labor and management shall be appointed for a term of 1 year, 2 representatives each of labor and management shall be appointed for a term of 2 years, and 1 representative each of labor and management shall be appointed for a term of 3 years.
SECTION 3. The last sentence of said first paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by inserting, in line 28, after the words “15 days in a” the following word:- calendar.
SECTION 4. The second paragraph of said section 11E of said chapter 23, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
The council shall meet no less than once quarterly during each calendar year or at the call of the director of the department of apprenticeship standards and shall aid the director in formulating policies for the effective administration of this chapter.
SECTION 5. Section 11F of said chapter 23, as so appearing, is hereby amended by striking out, in lines 2 and 3, the words “deputy director of apprentice standards. The deputy director” and inserting in place thereof the following words:- director of the department of apprenticeship standards. The director
SECTION 6. Said chapter 23, as so appearing, is hereby further amended by striking out section 11G and inserting in place thereof the following section:-
Section 11G. The director of the department of apprenticeship standards, with the advice and guidance of the apprenticeship council, shall administer sections 11E to 11W, inclusive, shall maintain or require to be maintained a record of apprenticeship programs and apprenticeship agreements and their disposition, shall cooperate with the state department of education and the local school authorities in regard to the education of apprentices in accordance with the standards established by the director for the same occupation or group of occupations, and shall perform such other duties as are necessary to carry out the intent of said sections 11E to 11W, inclusive.
The director, or a designee thereof, shall set up and establish conditions and training standards for apprentice programs, which conditions or standards shall in no case be lower than those prescribed in said section 11E to 11W, inclusive. Further, the director, or a designee thereof, may create and implement a schedule of progressive sanctions regarding registration of apprenticeship programs, shall act as chair of the apprenticeship council, may approve an apprenticeship program or resultant apprenticeship agreement which meets the standards established under said sections 11E to 11W, inclusive, may exercise discretion to review and modify apprenticeship programs or apprenticeship agreements, including terminating or canceling an apprenticeship program or apprenticeship agreement, and may issue certificates of completion of apprenticeship.
SECTION 7. Said chapter 23, as so appearing, is hereby further amended by striking out section 11H and inserting in place thereof the following section:-
Section 11H. As used in sections 11E through 11W, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Apprentice”, a person at least 16 years of age who has entered an apprenticeship agreement with an employer, or an association of employers, or an organization of employees, or other apprenticeship program sponsor duly registered with the department of apprenticeship standards.
“Apprenticeship agreement”, a written agreement, which may be electronically signed, between an apprentice and an apprenticeship program sponsor which is registered with the department and which provides for not less than 2,000 hours of reasonably continuous employment, consistent with training requirements as established by industry practice; except that for expansion industries, as defined by this section, the director may establish a clear minimum threshold for required hours of reasonably continuous employment, consistent with quality and safety standards of such industry. The written agreement shall also provide for not less than 150 hours per year of related instruction for a person in the occupation to which they are apprenticed, or in the case of licensed occupations, as required by regulations of the appropriate licensing identity, as applicable, as well as participation in an approved schedule of work experience throughout a reasonably continuous period of employment.
“Apprenticeable occupation”, an occupation which: (1) can be learned in a practical way through a structured, systemic program of on-the-job supervised training; (2) is clearly identified and commonly recognized through an industry; (3) involves manual, mechanical, or technical skills and knowledge which require a minimum hours of on-the-job work experience as written in the apprenticeship agreement; and (4) requires related training or technical instruction to supplement the on-the-job training.
“Apprenticeship program”, a program which is registered with the department for the recruitment, selection, employment, training, and qualification of apprentices.
“Apprenticeship program sponsor”, a person, association, committee, organization, corporation, partnership, trust or other entity operating an apprenticeship program and in whose name the program is registered with the department.
“Apprenticeship term”, a complete apprenticeship program for an individual apprentice, which measures successful performance through (1) a time-based model, showing completion of the industry standard of at least 2,000 hours of reasonably continuous employment; or either (2) a competency-based model, showing skill acquisition through the individual apprentice’s demonstration of acquired skills and knowledge, as verified by the program sponsor; or (3) a hybrid model, which blends the time-based and competency-based model for apprenticeships in expansion industries. At a minimum, the apprenticeship term shall include a measure of skills-based competencies and include both related technical instruction and reasonably continuous employment.
“Department”, the department of apprenticeship standards in the executive office of labor and workforce development.
“Director”, the director of the department of apprenticeship standards
“Expansion Industries”, industries underrepresented in apprenticeship programs that the secretary of labor and workforce development identifies as critical to a regional labor market economy
“Licensing entity”, a state agency, including the division of occupational licensure that issues licenses to individuals to engage in occupations.
“Proctor”, an instructor approved by the department or a person competent in an apprentice’s occupation including, but not limited to, a journey worker.
“Skills-based competencies”, demonstrable manual, mechanical, or technical skills, and related knowledge, as specified by an occupational standard and demonstrated by an apprentice through an appropriate written and hands-on proficiency measurement, including on-the-job work hours. Such skills-based competencies shall be used to determine progression over the course of an Apprenticeship Term and may be used to assess an apprentice’s progression through a registered apprenticeship program.
“Verification of Hours”, a formal notice issued by the department upon request by either an apprenticeship program sponsor, a registered apprentice, or a licensing entity, confirming the number of hours that the sponsor has reported to the department.
SECTION 8. Section 11I of said chapter 23 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, subsections (a) to (h), inclusive, and inserting in place thereof the following 7 subsections:-
(a) a requirement that the apprentice receive a minimum of hours of reasonably continuous employment as an apprentice, consistent with training requirements as established by industry practice, in the occupation to which they are apprenticed, provided that an apprentice must receive a minimum of 2,000 hours of employment; in the case of licensed occupations, such requirements shall be as required by regulations of the appropriate licensing identity, as applicable;
(b) a requirement that the apprentice receive a minimum of 150 hours of annual related classroom instruction during the period of apprenticeship in the occupation to which they are apprenticed, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor;
(c) a schedule of the work processes to be learned in the occupation and a corresponding progressively increasing scale of wages for the apprentice, during the period of apprenticeship; such schedule may include a measure of skills-based competencies, through which an apprentice can progress, and which shall include demonstrable development of manual, mechanical, or technical skills, and related knowledge, as specified by an occupational standard and demonstrated by an appropriate written and hands-on proficiency measurement;
(d) a concise and accurate statement of the terms and conditions of the employment and training of the apprentice and a statement that the apprenticeship agreement shall be registered with the department within 30 days of its execution;
(e) a statement that such agreement may be terminated, within the lesser of (1) 1 year or (2) 25 per cent of the length of the apprenticeship program from the date of its execution, by either the employer or the apprentice, for any reason;
(f) a statement that the agreement may be terminated by the director any time during the duration of the agreement if the director deems it proper; and
(g) a statement that the department is available to receive, investigate and resolve any complaints the apprentice has about the apprenticeship training program in which the apprentice is registered.
SECTION 9. Section 11J of said chapter 23, as so appearing, is hereby amended by striking out, in line 2, the word “division” and inserting in place thereof the following word:- department
SECTION 10. Said section 11J of said chapter 23, as so appearing, is hereby further amended by striking out, in line 5, the words “deputy director” and inserting in place thereof the following words:- director; such signature may be electronic in a manner designated by the department. The sponsor shall keep a signed copy of each signed apprenticeship agreement on file and shall make such agreements available to the department upon request
SECTION 11. Section 11K of said chapter 23, as so appearing, is hereby amended by striking out, in lines 1 and 38, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department
SECTION 12. Said section 11K of said chapter 23, as so appearing, is hereby further amended by striking out, in line 8, the words “deputy director, the director,”, and inserting in place thereof the following words:- director of the department of apprenticeship standards
SECTION 13. Subsection (b) of said section 11K of said chapter 23, as so appearing, is hereby amended by striking out, in line 13, the word “orientation” and inserting in place thereof the following words:- orientation, genetic information
SECTION 14. Said section 11K of said chapter 23, as so appearing, is hereby further amended by striking out subsections (c) and (d) and inserting in place thereof the following 2 subsections:-
(c) The apprenticeship program shall ensure that each apprentice completes an apprenticeship term, through either a time-based, competency-based, or hybrid model; provided that the apprenticeship program shall ensure that each apprentice works a minimum of 2,000 hours of employment, consistent with training requirements as established by industry practice, at the occupation to which they are apprenticed; provided further that the apprenticeship program shall include, at a minimum, a measure of skills-based competencies, through which the apprentice can progress, upon demonstrating proficiency for expansion industries that use competency-based or a hybrid model. The apprenticeship program shall ensure that each apprentice receives, at a minimum, 150 hours annually of related classroom instruction in the occupation to be learned, or in the case of licensed trades, as required by regulation of the licensing entity, as applicable and any examinations administered during such instruction shall be monitored by a proctor.
(d) The apprenticeship program must ensure that each apprentice is paid in accordance with a predetermined schedule of wage rates based on the program’s journeyperson rate, said schedule shall progressively increase with the apprentice’s skill level and average at least 50 per cent of the journeyperson's rate for the apprenticeship term.
SECTION 15. Section 11L of said chapter 23, as so appearing, is hereby amended by striking out, in lines 4, 15, and 18, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department
SECTION 16. Section 11T of said chapter 23, as so appearing, is hereby amended by striking out, in lines 2, 4, 27, 54, and 57, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department
SECTION 17. Subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby amended by striking out, in lines 5, 18, and 33, the word “deputy” each time it appears.
SECTION 18. Said subsection (b) of said section 11T of said chapter 23, as so appearing, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
The determination of the director shall be filed with the department and notice of the determination shall, at the same time, be emailed and mailed, postage prepaid, to each person known by the department to be an interested person, at the last address on file with the department. A person aggrieved by a determination or action of the director may, within the 10 business day period, appeal to the department, which shall hold a hearing after due notice to all interested parties. If no appeal is filed with the director within 10 business days after the date of such filing and notice, the determination shall become the final decision.
SECTION 19. Section 11U of said chapter 23, as so appearing, is hereby amended by striking out, in lines 1, 11, 12, and 13, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department
SECTION 20. Subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby amended by striking out the first paragraph and insert in place thereof the following paragraph:-
The determination of the director shall be filed with the department and notice of the determination shall, at the same time, be mailed and emailed to each person known by the department to be an interested person, at the last address on file with the department. If no appeal is filed with the director within 10 business days after the date of the filing and notice, the determination shall become final.
SECTION 21. Said subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 22 and 23, the words “deputy director may, within the time allowed, appeal to the director, who” and inserting in place thereof the following words:- director may, within the time allowed, appeal to the department, which
SECTION 22. Said subsection (c) of said section 11U of said chapter 23, as so appearing, is hereby further amended by striking out, in line 25 and 26, the following words:- of the director
SECTION 23. Subsection (d) of said section 11U of said chapter 23, as so appearing, is hereby amended by striking out, in line 34, the word “deputy”.
SECTION 24. Section 11W of said chapter 23, as so appearing, is hereby amended by striking out the first to third sentences, inclusive, and inserting in place thereof the following 3 sentences:-
The director shall require each apprentice entering into a written agreement pursuant to this chapter to submit an application to the department for an apprentice identification card, which may be issued electronically. Such application shall be accompanied by a fee paid by the apprentice or the program sponsor, together with photographic prints and such other information as required by the director, except that a veteran receiving education benefits from the Department of Veterans Affairs under Title 38 of the United States Code shall not be required to pay a fee. The apprentice identification card shall expire 1 year from the date of issue, but may be automatically renewed electronically in a manner designated by the department.
SECTION 25. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 11 and 14, the word “division” each time it appears, and inserting in place thereof, in each instance, the following word:- department
SECTION 26. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in lines 18 and 19, the words “deputy director requires; the date on which the apprentice identification card expires;” and inserting in place thereof the following words:- director requires; the date on which the apprenticeship began;
SECTION 27. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out, in line 21, the word “sponsor;” and inserting in place thereof the following words:- sponsor, and may contain
SECTION 28. Said section 11W of said chapter 23, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following 2 sentences:-
As a condition of apprenticeship, the apprentice shall keep the apprentice identification card in a form designated by the department on his person during the apprenticeship. Such designated form may vary by occupation.
SECTION 29. Paragraph (1) of subsection (v) of section 6 of chapter 62, as so appearing, is hereby amended by adding, in line 1158, after the words “NAICS code 31-33”, the following words:- and other expansion industries new to apprenticeship the secretary of labor and workforce development identifies as critical to a regional labor market economy
SECTION 30. Subsection (a) of section 38HH of chapter 63, as so appearing, is hereby amended by adding, in line 18, after the words “NAICS code 31-33”, the following words:- and other expansion industries new to apprenticeship the secretary of labor and workforce development identifies as critical to a regional labor market economy
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to PFML hearing decisions
|
H1858
|
HD194
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T15:22:09.967'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T15:22:09.9666667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:02:26.2733333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:22:53.2766667'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-01-26T15:17:27.6366667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1858/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1858) of Josh S. Cutler and others relative to the publication of hearing decisions by the Department of Family and Medical Leave. Labor and Workforce Development.
|
SECTION 1. Subsection (d) of section 8 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “defendant”, in line 50, the following sentence:-
. The department shall cause to be published all hearing decisions on their website, provided, however, that the department shall refrain from including, or partially redact where inclusion is necessary, any personal data identifiers, including, but not limited to, names, date of birth, names of minor children and any protected medical information
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to improving PFML data reporting
|
H1859
|
HD195
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T15:20:59.043'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T15:20:59.0433333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:01:23.07'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T14:39:50.8233333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:22:41.7733333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:16:02.65'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1859/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1859) of Josh S. Cutler and others relative to data reporting by the Department of Family and Medical Leave. Labor and Workforce Development.
|
SECTION 1. Section 1 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby further amended by striking out, in line 26, the words “1099-MISC” and inserting in place thereof the following words:- 1099-NEC, or successor form,
SECTION 2. Said section 1 of said chapter 175M, as so appearing, is hereby further amended by striking out, in line 30, the words “1099-MISC” and inserting in place thereof the following words:- 1099-NEC, or successor form
SECTION 3. Subsection (e) of section 7 of said chapter 175M, as so appearing, is hereby amended by inserting after the word “occupation”, in line 93, the following words:- , race and ethnicity, primary language
SECTION X. Said subsection (e) of said section 7 of said chapter 175M, as so appearing, is hereby further amended by inserting after the last sentence at the end of the second paragraph the following sentence:-
. The report shall also include details on the annual public education campaign conducted pursuant to subsection (f) of section 8 of this chapter, including, but not limited to, employer outreach efforts and materials, multilingual outreach materials and evidence of multimedia distribution.
SECTION 5. Said subsection (e) of said section 7 of said chapter 175M, as so appearing, is hereby further amended by inserting after the end of the second paragraph the following paragraph:-
The department shall establish a publicly accessible online dashboard using updated reporting information on the program. The information in the dashboard shall include: (i) total number of claims filed; (ii) total number of eligible claims; (iii) total number of claims denied; (iv) claimant demographics by age, gender, average weekly wage, occupation and the type of leave taken; and (v) average weekly benefit amount paid for all claims and by category of leave. The dashboard shall be updated no less than quarterly.
SECTION 6. Subsection (f) of section 8 of said chapter 175M, as so appearing, is hereby amended by striking out, in line 60, the word “a” and inserting in place thereof the following words:- an annual
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to foster care recruitment
|
H186
|
HD2084
| 193
|
{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:16:49.93'}
|
[{'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-01-17T15:16:49.93'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-26T18:39:58.4333333'}, {'Id': 'NAG1', 'Name': 'Nicholas A. Boldyga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NAG1', 'ResponseDate': '2023-01-26T10:12:48.5066667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T16:45:13.1966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-01T11:16:28.5133333'}, {'Id': 'SWG1', 'Name': 'Susan Williams Gifford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SWG1', 'ResponseDate': '2023-01-26T16:02:42.14'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-01-30T15:54:21.4066667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-27T20:22:47.0566667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H186/DocumentHistoryActions
|
Bill
|
By Representative Jones of North Reading, a petition (accompanied by bill, House, No. 186) of Bradley H. Jones, Jr. and others relative to foster care recruitment. Children, Families and Persons with Disabilities.
|
SECTION 1. Notwithstanding any general or special law to the contrary, annually, not later than October 31, the department of children and families shall submit a special report on its foster care campaign to recruit new foster parents to the child advocate, the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on children, families, and persons with disabilities. The report shall be made available to the public electronically in accordance with section 19 of chapter 66 of the General Laws. The report shall include, but not be limited to, the: (i) number of new foster care parents as a result of the foster care campaign; (ii) the costs associated with such a recruitment effort; (iii) difficulties impeding DCF’s ability to recruit additional foster parents; and (ii) methods in which the department is recruiting foster care parents. The department may satisfy the reporting requirements of this section by providing the requested information in an annual report filed.
SECTION 2. Section 1 is hereby repealed.
SECTION 3. Section 2 shall take effect on December 31, 2024.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to PFML for bone marrow and organ donation
|
H1860
|
HD196
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T15:18:39.163'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T15:18:39.1633333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:00:01.1933333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T14:40:13.3933333'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:39:44.3733333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:49:32.93'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:22:28.1166667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-23T15:21:56.3133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:42:29.6766667'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-03-17T08:32:10.4166667'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-01-31T09:17:25.87'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-09T17:54:50.28'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-23T09:29:03.9166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1860/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1860) of Josh S. Cutler and others for legislation to include bone marrow and organ donation in the paid family and medical leave program. Labor and Workforce Development.
|
SECTION 1. Section 1 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following definitions:-
“Blood donor,” an individual who donates whole blood or blood derivatives at any blood collection site or hospital in the commonwealth.
“Bone marrow transplant donor,” an individual from whose body bone marrow is taken to be transferred to the body of another person.
“Living organ donor,” an individual who donates all or part of an organ and is not deceased.
SECTION 2. Said section 1 of said chapter 175M, as so appearing, is hereby further amended by striking out, in line 147, the words “paragraph (2)” and inserting in place thereof the following words:- paragraphs (2) and (3)
SECTION 3. Subsection (a) of section 2 of said chapter 175M, as so appearing, is hereby amended by inserting after paragraph (2) the following paragraph:-
(3) Medical leave shall be available to any covered individual serving as a living organ donor, bone marrow transplant donor, or blood donor. Such leave shall cover any procedures, medical tests, and surgeries related to donation, including recovery from said donation.
SECTION 4. Subsection (c)(1) of said section 2 of said chapter 175M, as so appearing, is hereby amended by inserting after the word “weeks”, in line 29, the following words:-
, including no more than 30 days to serve as a living organ donor, no more than 5 days to serve as a bone marrow transplant donor, and no more than 4 hours, at a maximum of 5 times per benefit year, to serve as a blood donor,
SECTION 5. Subsection (c)(2) of said section 2 of said chapter 175M, as so appearing, is hereby amended by striking out, in line 41, the words “paragraph (2)” and inserting in place thereof the following words:- paragraphs (2) and (3)
SECTION 6. Said subsection (c)(2) of said section 2 of said chapter 175M, as so appearing, is hereby further amended by striking out, in line 46, the words “or (2)” and inserting in place thereof the following words:- , (2) or (3)
SECTION 7. Subsection (a) of section 3 of said chapter 175M, as so appearing, is hereby amended by inserting after the first sentence the following sentence:-
For medical leave taken pursuant to paragraph (3) of subsection (a) of section 2 of this chapter, the 7-calendar day waiting period for medical leave shall not be required.
SECTION 8. Subsection (a) of section 5 of said chapter 175M, as so appearing, is hereby amended by inserting after paragraph (7) the following paragraph:-
(8) Certification for a covered individual taking medical leave pursuant to paragraph (3) of subsection (a) of section 2 of this chapter shall be sufficient if it states the date and time at which the donation occurred or will occur, the place at which the donation occurred or will occur, the probable duration of the donation procedure and recovery within the knowledge of the health care provider as required by the department, and, if applicable, a statement of the medical necessity, if any, for intermittent leave or leave on a reduced leave schedule and the expected duration of the intermittent leave or reduced leave schedule.
| null |
[]
|
[]
|
[]
|
[]
|
An Act updating DUA notice procedures
|
H1861
|
HD683
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-16T21:57:09.867'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-16T21:57:09.8666667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:09:38.6566667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:15:22.8733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1861/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1861) of Josh S. Cutler, Lindsay N. Sabadosa and Patrick Joseph Kearney relative to notice procedures in the unemployment insurance assistance program. Labor and Workforce Development.
|
SECTION 1. Section 62A of Chapter 151A of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking out lines 6 through 17 and inserting in place thereof the following:-
The department shall conduct at least 1 public hearing each quarter to seek the input of employers in the commonwealth. The hearing shall be held in a manner designated to maximize employer participation. Not fewer than 20 days prior to a public hearing the commissioner shall conspicuously post notice of the hearing on the official website of the department and send notice, electronically or otherwise, to: members of the general court; every employer with an account with the department; the Massachusetts Business Roundtable; Greater Boston Chamber of Commerce; Massachusetts Taxpayers Association, Associated Industries of Massachusetts; Massachusetts Restaurant Association; Retailers Association of Massachusetts; Black Economic Council of Massachusetts; Amplify Latinx; Massachusetts High Technology Council; Alliance for Business Leadership; and the Massachusetts Competitive Partnership.
SECTION 2. Section 62A of Chapter 151A of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking lines 32 and 33 and inserting in place thereof the following:-
claimant shall have the opportunity for direct interaction with division staff.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to workforce data accessibility
|
H1862
|
HD1421
| 193
|
{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T10:20:13.81'}
|
[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-18T10:20:13.81'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T13:31:38.0266667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-28T15:07:30.4933333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-06T15:57:50.2933333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:17:58.9766667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-14T14:34:30.02'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-07T08:56:05.8233333'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-02-06T14:40:25.1833333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-10T15:02:38.1533333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-02-07T11:48:54.6266667'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-02-02T12:15:50.4533333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-07T10:41:11.8033333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T21:34:28.4766667'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:23:10.62'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:24:06.39'}, {'Id': 'PDJ0', 'Name': 'Patricia D. Jehlen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PDJ0', 'ResponseDate': '2023-01-24T11:10:56.9833333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-06T13:32:51.98'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:15:07.97'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-27T15:42:07.36'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-20T09:24:01.8966667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T17:26:58.6566667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:34:09.08'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T13:24:02.5566667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-03-03T10:00:13.29'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T17:18:13.93'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T12:11:57.57'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:23:00.0033333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1862/DocumentHistoryActions
|
Bill
|
By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1862) of Josh S. Cutler and others relative to workforce data accessibility. Labor and Workforce Development.
|
SECTION 1. Section 14P of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the last sentence in subsection (f) and inserting the following:-
The director shall provide information secured under this section to other entities, including but not be limited to, any federal, state, or local governmental agency, including the 16 MassHire workforce development boards, a chief elected official as that term is defined in Section 3102(9) of Title 29 of the United States Code, or the agents or contractors of any governmental agency, where such information is to be used for:
evaluation of program performance, including, but not limited to, longitudinal outcome analysis of programs (including programs funded by public or private funds or a combination thereof) to the extent permitted by federal law;
financial or other analysis required by federal, state, or local law or regulation;
preparation of reports required by federal, state, or local law or regulation;
operation of public programs by such agencies, their agents, contractors and subcontractors, whenever the director determines that such information sharing is for the purpose of improving the quality or delivery of program services or to evaluate programs for equitable access and outcomes;
establishment of common case management systems between federal, state, or local agencies delivering or supporting workforce development services for a shared customer base, wherever such common case management system is for the purpose of fostering workforce development partnerships, program coordination, inter-agency collaboration, improving program services, or creating operational efficiencies.
SECTION 2: Said section 14P of said chapter 151A, as so appearing, is hereby further amended by inserting after subsection (i) the following subsection:-
(j) The department shall do the following:
(1) Develop the minimum requirements for granting a request for disclosure of information authorized by this section regardless of local, state, or federal funding source.
(2) Develop a standard application for submitting a request for disclosure of information authorized by this section.
(3) Approve or deny a request for disclosure of information authorized by this section, or request additional information, within 30 business days of receiving the standard application. The entity submitting the application shall respond to any request by the department for additional information within 20 business days of receipt of the department’s request. Within 30 calendar days of receiving any additional information, the department shall provide a final approval or denial of the request for disclosure of information authorized by this section. Any approval, denial, or request for additional information shall be in writing. Denials shall identify the reason or category of reasons for the denial.
(4) Make publicly available on the department’s website: the minimum requirements for granting a request for disclosure of information authorized by this section, the standard application developed, the timeframe for information request determinations by the department, contact information for assistance with requests for disclosures of information authorized by this section.
(5) For wage data requests that are approved, the department shall provide the following information on participants, at a minimum, and to the extent the data are available: participant demographic information; workforce training program and service participation; geographical location of services; and educational and other credential attainment. The department shall adhere to all applicable state and federal privacy laws, to protect individuals’ private information while allowing measurement of aggregate data.
SECTION 3. Not later than 30 days after the effective date of this act, the executive office of labor and workforce development, in consultation with division of unemployment assistance, the department of career services, the commonwealth corporation, the Massachusetts workforce association, the workforce solutions group, and any other appropriate agencies or entities, shall convene a task force to develop the action steps required to improve state workforce data infrastructure and promote data use, with the goal of creating data systems that can illustrate how workforce education and training programs are providing opportunity for sustainable employment in the commonwealth. The task force shall develop action steps to accomplish the following:
(1) Connect education, workforce development and employment data with such data from other states, to the extent permitted by law and in a manner that protects individuals’ private information while allowing measurement of aggregate data; and
(2) Ensure adherence to data security and privacy principles, and all applicable state and federal privacy laws, to protect individuals’ private information while allowing measurement of aggregate data; and
(3) Improve access to and quality of the wage data is shared with the workforce system by working with the department of career services and the department of unemployment assistance to ensure that the wage data files shared between each agency have sufficient information to allow for effective and ongoing workforce program evaluation; and
(4) Direct the executive office of labor and workforce development to participate in the Massachusetts education-to-career data system and any other state longitudinal data system efforts; and
(5) Review quarterly measures, identifying key trends, analyze equitable access to programs and services, and ensure system partners, stakeholders, and the public have access to data as allowed under state and federal privacy laws; and
(6) Develop a two and six-year plan to guide future system improvements.
The task force shall submit a report, with its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the house of representatives and senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies, the joint committee on labor and workforce development, the joint committee on higher education and the office of the governor not later than January 1, 2024.
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act for a minimum hourly health improvement wage
|
H1863
|
HD4072
| 193
|
{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:53:57.47'}
|
[{'Id': None, 'Name': 'Vincent L. Dixon ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T16:53:57.47'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1863/DocumentHistoryActions
|
Bill
|
By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No. 1863) of Vincent L. Dixon relative to establishing minimum hourly health improvement wage. Labor and Workforce Development.
|
SECTION 1. The Massachusetts General Laws are hereby amended by inserting the following new chapter:
An Act for a Minimum Hourly Health Improvement Wage.
1.) Healthcare costs, and insurance, are vital topics, and proper subjects of government operations, and public policy, for all residents of the Commonwealth; and so this Minimum Hourly Health Improvement Wage, is proposed, to assist in better health services, and financing.
2.) As economic conditions, have changed, sometimes in unfortunate ways, many individuals have found the need, or availability, to only be able to work at one or more, part-time jobs. Many, or even most of these positions, lack full benefits, further stressing these individual employees. In order to earn sufficient resources, and sometimes not enough, even then, many individuals are working, in excess of the number of hours of a full-time job, and despite the stress, and additional travel time, have challenged access to medical services.
3.) While various programs have been developed, and have varieties of value, medical services insurances, are still strongly associated with employment. Developments at the Federal level, as well as state circumstances, continue to evolve, and it is in this context that this legislation, is created.
4.) The Public Health Council (PHC), and the Department of Public Health (DPH), are hereby authorized, and empowered to analyze, and develop recommendations for a Minimum Health Care Improvement Wage. The PHC, and the DPH, shall have the power to establish suitable Regulations, for both the Pilot Programs, and implementation of full programs, after suitable Pilot Program development.
5.) An amount, shall be determined, by which each employee will receive a portable, health care insurance earning, for each, and every hour worked. In so doing, for example, if an employee worked two separate jobs, of 20 hours each, they would receive 40 hours of Minimum Health Care Improvement Wage. If an employee worked three separate jobs of 18 hours each, they would receive 54 hours of Minimum Health Care Improvement Wage, thereby also adjusting in some general way, for the risks, of excessive work hours, and stress.
6.) All employers, of at least 50 employees, would, and/or should find, an equality of operations, in terms of health care costs, since some amount would accrue to each employee, for each hour worked; in other words, a condition of business, would be the provision and/or contribution of some health care compensation.
7.) This Minimum Health Care Improvement Wage, can be first established, as a Pilot Program; after which, based on experience, it shall be recommended for full implementation.
8.) Costs of such a program, are a cost of doing business for an employer. Specific tax credits, during the Pilot Program period can, and should be, recommended, and implemented; to be further defined, and utilized, at the time of a more complete, comprehensive, and permanent program.
9.) Employers of less than 50 employees, would be entitled to voluntary participation, including specific tax credits, during the Pilot Program period.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to clean energy workforce standards and accountability
|
H1864
|
HD3758
| 193
|
{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:30:52.613'}
|
[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-11T21:30:52.6133333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T17:02:06.84'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-23T11:26:36.72'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:19:22.6133333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-08T11:03:24.2033333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-28T15:54:26.7'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-07T14:43:52.93'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T18:56:31.1233333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-07T13:16:19.7533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:23:27.71'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:33:16.37'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-04-04T10:46:42.7433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:50:09.5666667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-07T09:51:49.6233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-20T10:52:19.4466667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-03T16:26:22.87'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T10:31:56.08'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-05-08T09:48:44.04'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-09T23:41:19.1833333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-24T08:58:41.15'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-01T16:38:50.66'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T21:33:02.3'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T17:28:09.9'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:14:31.14'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-03-13T16:49:07.8466667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1864/DocumentHistoryActions
|
Bill
|
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1864) of Marjorie C. Decker and others relative to clean energy workforce standards and accountability. Labor and Workforce Development.
|
SECTION 1. Chapter 25A of the Massachusetts General Laws is hereby amended by adding the following section:-
Section 18(A): Clean Energy Workforce Standards and Accountability Act Definitions
For the purpose of this statute, the following definitions apply:
(a) As used in this legislation, the term “Applicant” refers to
1. Any natural person or business, whether or not incorporated or unincorporated, who seeks a contract to provide labor or services under this Chapter, and employs another to work in the Commonwealth, or contracts with another natural person or business to do so (herein after “contractor”) to perform labor, services or otherwise assist in the completion of a Project, under a contract, grant, subsidy, or any other arrangement funded in part or in the whole by the Commonwealth, and/or its departments, offices, agencies, subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962; and
2. Any Public Utilities that are regulated under M.G.L. c. 164.
This definition excludes:
(i) The United States or a corporation wholly owned by the government of the United States; and
(ii) A public utility, but only when employing workers directly to perform construction and maintenance and other operational duties on its utility infrastructure and buildings.
(b) For the purposes of this legislation, the term “Project” refers to initiatives of the Commonwealth and/or its departments, offices, agencies, subdivisions, and quasi-public agencies, including, but not limited to public authorities, subject to said chapter 150A by chapter 760 of the acts of 1962, modernizing and expanding the capacity of its existing energy infrastructure, providing climate change remediation, and/or developing renewable energy generation, transmission and distribution, in furtherance of meeting the Commonwealth’s net zero emissions goals.
(c) For the purposes of this legislation, “Commonwealth” refers to Commonwealth and/or its departments, offices, agencies, political sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent entity and any authority or body politic and corporate established by the general court to serve a public purpose.
(d) For the purposes of this act, “environmental justice population” shall mean a population with an annual median household income of not more than 65 per cent of the statewide median income or with a segment of the population that consists of residents that is not less than 25 per cent minority, foreign born or lacking in English language proficiency based on the most recent United States census.
(e) For the purposes of this act, a “municipality at high risk from the effects of climate change” shall mean a municipality that can demonstrate to the department current or future significant changes to its population, land use or local economy resulting from changes in climate.
(f) For the purposes of this act, a “labor peace agreement” refers to an agreement between an entity and any labor organization recognized under the National Labor Relations Act, referred to in this act as a bona fide labor organization, that prohibits labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference in exchange for that entity agreeing not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the entity’s employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the entity’s employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. This type of agreement shall not mandate a particular method of election or certification of the bona fide labor organization.
(g) For purposes of this act, the term “energy infrastructure” refers to but is not limited to Massachusetts existing energy industry infrastructure generating, transmitting, and/or distributing energy from fossil fuel sources, building energy efficiency improvements, and renewable energy infrastructure—i.e., sun, wind, nuclear, geothermal and other energy sources not derived from the combustion of fossil fuels.
(h) ''Public Utilities'' refers to utilities that are regulated under M.G.L. c. 164.
(i) For purposes of this act, the term “supply chain facilities” refers to but is not limited to businesses that perform material extraction, refining, processing, fabrication, manufacturing, and assembly of components for renewable energy projects.
SECTION 2. Chapter 25A of the Massachusetts General Laws is hereby further amended by adding the following section:-
Section 18(B): Clean Energy Workforce Standards and Accountability Act:
(1) (a) Every Request for Proposals (RFP), Grant Application, or Solicitation offering funding from the Commonwealth or other public entity enumerated above for the purpose of furthering the Commonwealth’s net zero emissions goals in any manner for all commercial projects and residential projects in excess of 3 units, shall be performed in conformance with sections 26-27D of chapter 149, inclusive, and shall include the certification and disclosure requirements included in this section.
(b) To be awarded funding or contracts by the Commonwealth, Applicants shall provide complete and accurate responses and disclosures to following certification and disclosure requirements, which shall include:
(i) A requirement for documentation reflecting the Applicant’s demonstrated commitment to workforce development within the Commonwealth;
(ii) A requirement that the Applicant will provide a statement of intent concerning efforts that it and its contractors and sub-contractors will take to promote workforce development on the project if successful;
(iii) A requirement for documentation reflecting the Applicant’s demonstrated commitment to economic development within the Commonwealth;
(iv) A requirement that the Applicant provide a statement of intent concerning efforts that it and its contractors and sub-contractors on this project will take to promote economic development on the project if successful
(v) A requirement for documentation reflecting the Applicant’s demonstrated commitment to expand workforce diversity, equity, and inclusion in its past projects within the Commonwealth;
(vi) A requirement that the Applicant provide a statement of intent concerning efforts that it and its contractors and sub-contractors on this project, will undertake to expand workforce diversity, equity, and inclusion on the project if successful;
(vii) A requirement that that the Applicant disclose whether it and each of its contractors and subcontractors on this project, have previously contracted with a labor organization, as defined by Massachusetts General Laws, c. 150A and/or the National Labor Relations Act, Section 2, in the Commonwealth or elsewhere.
(viii) A requirement that the Applicant specify whether it and each of its contractors and subcontractors on this project participates in a state or Federally certified apprenticeship program and the number of apprentices the apprenticeship program has trained to completion for each of the last 5 years.
(ix) A requirement that the Applicant provide a statement of intent concerning the extent to which the Applicant, its contractors and sub-contractors on this project, intend to utilize apprentices on the project if successful.
(x) Certification that the Applicant and its contractors and sub-contractors on this project, have complied with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the last 3 calendar years.
(xi) Certification that the Applicant and its contractors and sub-contractors on this project are currently, and will remain, in compliance with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the duration of the project.
(xii) To the extent the Applicant, or one of its contractors or sub-contractors on the project cannot meet the certification requirements provided for in Paragraphs 10 and 11, the Applicant must submit proof of a wage bond or other comparable form of insurance in an amount equal to the aggregate of one year’s gross wages for all workers projected to be employed by the Applicant, contractor, or sub-contractor for which certification is unavailable, to be maintained for the life of the project.
(xiii) Whether the Applicant has included detailed plans for assuring labor harmony during all phases of the construction, reconstruction, renovation, development and operation of the project.
(c) Every RFP, solicitation and/or advertisement for funding, issued by the Commonwealth under this Chapter shall notify Applicants that they will be disqualified from this project if they have been debarred by the federal government or Commonwealth for the entire term of the debarment.
(d) All Applicants shall timely provide the above documentation and certifications as part of their initial application. Failure to provide the same shall disqualify the applicant from receiving funding for the project on which funding has been requested.
(e) A successful Applicant’s good faith failure to provide complete, accurate certifications and documentation under Subsection A of this Section shall result in suspension from the project for a period of 30 days, to provide an opportunity for the Applicant to address application deficiencies to the satisfaction of the Commonwealth. Failure to cure deficiencies, thereafter, shall result in termination. A successful Applicant’s willful failure to provide accurate certifications and documentation shall result in permanent termination from the project and the return of all funds awarded therefor within 30 days.
(g) The Attorney General shall enforce the provisions contained herein and may enact regulations consistent therewith.
2. (a) Owners of supply chain facilities that provide goods and services to be used in the construction and maintenance of renewable energy generation, distribution, and transmission infrastructure, which are developed in part or in whole with public funding, shall agree to enter into fully executed labor peace agreements with a bona fide labor organization that actively represents or seeks to represent employees as permitted by Federal law.
SECTION 3. Chapter 149 of the General Laws is hereby amended by inserting after section 27H the following sections:
Section 27I. All construction, reconstruction, installation, alteration or repair on natural gas utility infrastructure, including, but not limited to, pipelines, mains, services and other infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to pipeline construction, reconstruction, installation, alteration or repair work by a gas distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the gas local distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every 6 months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
Section 27J. All construction, reconstruction, installation, alteration or repair on electrical utility infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to construction, reconstruction, installation, alteration or repair work by a electric distribution company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the electric company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every 6 months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
Section 27K. All construction, reconstruction, installation, alteration or repair on renewable energy generation, distribution, transmission infrastructure: (1) requiring the excavation, construction, reconstruction of public lands, rights of way, public works, or buildings and (2) not performed by workers directly employed by Public Utilities, as defined by M.G.L. c. 164, shall be performed and procured under this section of chapter 149.
No public authority, including, but not limited to, the Commonwealth, its subdivisions, a county, or a municipality, shall agree to construction, reconstruction, installation, alteration or repair work by a renewable energy company requiring the excavation, alternation, reconstruction, or repair of public lands, works, or buildings unless said agreement contains a stipulation requiring prescribed rates of wages, as determined by the commissioner, to be paid to individuals performing pipeline construction who are not gas company employees.
Any such approval which does not contain said stipulation shall be invalid, and no construction may commence thereunder. Said rates of wages shall be requested of said commissioner by said public official or public body together with the renewable energy distribution company on whose service territory the public infrastructure lies, and shall be furnished by the commissioner in a schedule containing the classifications of jobs, and the rate of wages to be paid for each job. Said rates of wages shall include payments to health and welfare plans, or, if no such plan is in effect between employers and employees, the amount of such payments shall be paid directly to said employees. Such requests for rates shall be made every six (6) months.
Whoever pays less than said rates of wages, including payments to health and welfare funds, or the equivalent in wages, on said works, and whoever accepts for his own use, or for the use of any other person, as a rebate, gratuity or in any other guise, any part or portion of said wages or health and welfare funds, shall have violated this section and shall be punished or shall be subject to a civil citation or order as provided in section 27C.
An employee claiming to be aggrieved by a violation of this section may, 90 days after the filing of a complaint with the attorney general, or sooner if the attorney general assents in writing, and within 3 years after the violation, institute and prosecute in his own name and on his own behalf, or for himself and for others similarly situated, a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits pursuant to G.L. c. 149, s. 150. An employee so aggrieved who prevails in such an action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits and shall also be awarded the costs of the litigation and reasonable attorneys' fees.
SECTION 3. Section 2 of chapter 23J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “Alliance”, in line 50, the following words:
1 of whom shall be a representative of employees in the gas utility sector appointed by the President of the Massachusetts AFL-CIO; 1 of whom shall be a representative of employees in the electric power generation sector appointed by the President of the Massachusetts AFL-CIO; 1 of whom shall be the President of the Massachusetts AFL-CIO, or his/her designee, and 1 of whom shall be the President of the Massachusetts Building Trades Council or his/her designee
And by striking out, in line 59, the words “and 1 of whom shall be a union representative”
SECTION 4. Section 3 of chapter 23J of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in paragraph (27) by inserting after the words “clean energy industry:”, in line 141, the following words:-
including, but not limited to, collaboration with state and federally licensed apprenticeship and pre-apprenticeship programs providing training in the Commonwealth;
SECTION 5. Section 12 of chapter 23J of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “23A”, in line 2, the following paragraphs:-
The Center shall be deemed to be a public agency for purposes of, and shall be subject to, section 39M of chapter 30, chapter 149A, et seq., and sections 44A to 44H, inclusive, of chapter 149 and shall comply with requirements applicable to an independent public authority for publication of contract information in the central register established pursuant to section 20A of chapter 9.
With regard to all clean energy and other climate change remediation construction projects funded, owned or leased by the Commonwealth, including but not limited to the Center, the Commonwealth shall require that successful Applicants, in collaboration with their contractors and sub-contractors:
(a) Meet the workforce participation goals for the utilization of BIPOC and women as required by 44A(1)(G) of Chapter 149. Provided, however, that such goals shall be equal to or greater than the goals contained in the executive office for administration and finance Administration Bulletin Number 14, and incorporate the data collection requirements contains in Administration Bulletin Number 17.
(b) Participate in state or federally accredited apprenticeship program(s) that have graduated at least 1 apprentice in the last 5 years and utilize apprentices at a percentage set by the commonwealth as part of its current workforce development plan.
(c) Bid all applicable construction, reconstruction, installation, alteration work performed on the Project under this Section consistent with section 44A of chapter 149, section 8 of chapter 149A, and section 39M of chapter 30.
(d) Compensate all construction, reconstruction, installation, alteration work performed under this Section, at a minimum, in accordance with chapter 149, sections 26-27D.
(e) Become signatory to a project labor agreement if such an agreement is selected as the project delivery method for the construction project by the contracting authority.
SECTION 6. Chapter 23J of the General Laws is hereby amended by adding the following section:
Section 13: Clean Energy Workforce Development Plan
The Massachusetts Clean Energy Technology Center (“Center”) shall develop and implement successive 5-year workforce development plans for the Commonwealth, beginning in FY2022, that includes outreach and recruitment into the Clean Energy Industry for existing workers in fossil fuel intensive industries, as well as environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth.
The Center’s workforce development plans shall include:
(a) Development of technical assistance, grants, loans, and demonstration projects, facilitating the creation of construction, operations, and maintenance jobs in the Clean Energy Industry.
(b) Measures to expand training capacity for the Clean Energy industry, building upon the Commonwealth’s extensive existing public and private workforce development facilities, including all state and federally certified apprenticeship programs, licensure, and degree programs.
(c) Specific goals for the utilization of the residual workforce in fossil fuel intensive industries, as well as environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth.
(d) Recommendations, programs and technical assistance for the Clean Energy Industry to ensure that the industry develops and maintains excellent working terms and conditions for all workers employed therein.
(e) Requirements for minimum working conditions on Clean Energy projects owned, leased, or financed by the Center through the Renewable Energy Trust Fund, or otherwise by the Commonwealth, its departments, offices, agencies, and quasi-independent agencies.
The Center will engage all stakeholders in the planning process, including but not limited to the union representatives of workers in fossil fuel industries and organizations serving environmental justice populations and individuals living in municipalities at high risk for climate change within the Commonwealth. The Center will coordinate their workforce development planning and research with the Executive Office of Labor and Workforce Development’s Office of Just Transition.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to a just transition to clean energy
|
H1865
|
HD3769
| 193
|
{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T10:15:11.203'}
|
[{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T10:15:11.2033333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-06T17:02:56.6733333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-23T11:26:13.73'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-09T10:19:35.02'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-14T13:53:59.6566667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-08T11:05:32.6266667'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-28T15:56:38.33'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-07T14:46:02.77'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T18:57:11.0166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-07T13:17:06.4366667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T20:24:01.5066667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T10:32:33.9133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-04-04T10:47:44.4133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-08T15:54:53.7466667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-07T09:52:26.1766667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-20T10:53:04.99'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-03T16:27:05.3333333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T10:47:18.6333333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-05-08T09:49:09.3533333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-09T23:42:36.7566667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-04-24T09:00:29.53'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-01T16:39:43.7033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:03:35.78'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-10T14:40:52.9166667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-08T17:28:49.5633333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:15:04.52'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1865/DocumentHistoryActions
|
Bill
|
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 1865) of Marjorie C. Decker and others relative to the transition to clean energy and the training of employees on alternative energy generation and distribution. Labor and Workforce Development.
|
SECTION 1. Chapter 164 of the General Laws is hereby be amended by striking out section 1E and inserting in place thereof the following section:-
1E. Performance based rate schemes; labor displacement or reductions; mediation of small claims.
(a) The department is hereby authorized to promulgate rules and regulations to establish and require performance based rates for each distribution, transmission, and gas company organized and doing business in the commonwealth pursuant to the provisions of this chapter. In promulgating such performance based rate schemes, the department shall establish service quality standards each distribution, transmission, and gas company, including, but not limited to, standards for customer satisfaction service outages, distribution facility upgrades, repairs and maintenance, telephone service, billing service, and public safety, occupational safety, training and certifications for both in-house and contractor employees, map and record accuracy, and in-house staffing benchmarks sufficient to ensure pipeline safety through the period of transition to net zero emissions.
In addition, the department shall require each gas company, as part of performance based ratemaking, to submit a just transition plan, which must be approved by the department, to address workforce development, maintenance and attrition over the course of the transition to net zero emissions generally, and the PBR period specifically, and provide for the following:
1. A detailed proposed chronology for transition to net zero emissions energy supply and distribution to be set through performance based ratemaking;
2. Sufficient in-house staffing levels, in each relevant classification, to ensure the safety and reliability of the gas company’s pipeline through the projected transition period;
3. Training and workforce development plans providing for gas company workforce needs on residual natural gas and electric as well as alternative energy sources, generation and distribution infrastructure utilized by the gas company to replace and/or complement natural gas;
4. Any and all mitigation measures to address the impacts of transition—e.g., attrition, retrenchment—on the gas company’s workforce over the course of the PBR—including, but not limited to—cross-training and hiring preferences at dual-fuel companies and joint ventures with renewable energy generators/distributors, early retirement incentives;
5. In the event of the gas company’s anticipated substantial partial or complete cessation of gas operations in Massachusetts during the period in which PBR is effective:
(i) Means by which the gas company, and/or its parent corporation intends to avoid burdening the Commonwealth, its ratepayers, and taxpayers with the social welfare costs resulting from such cessation;
(ii) Measures to ensure the solvency of the LDC pension system during and after transition;
(iii) Measures to stem the displacement of LDC employees attrited as a result of transition from the Massachusetts energy sector.
Nothing in this section shall prohibit or supplant the LDC’s collective bargaining obligations relative to the National Labor Relations Act.
(b) In complying with the service quality standards and employee benchmarks established pursuant to this section, a distribution, transmission, or gas company that makes a performance based rating filing after the effective date of this act shall not be allowed to engage in labor displacement or reductions below staffing levels in existence on January 1, 2022, unless such are fully compliant with any law supporting a just transition to net zero emissions and part of a collective bargaining agreement or agreements between such company and the applicable organization or organizations representing such workers, or with the approval of the department following an evidentiary hearing at which the burden shall be upon the company to demonstrate that such staffing reductions shall not adversely disrupt service quality standards or public safety and shall maintain reliable service through the transition to net zero emissions as established by the department herein. Nothing in this paragraph shall prevent reduction of forces below the January 1, 2022 level through early retirement and severances negotiated with labor organizations before said date.
(c) The department shall promulgate regulations relative to an alternative dispute resolution process for the handling of damage claims by customers in an amount under $100. The department shall establish a 60 day timeline for the resolution of all mediation claims. The department shall issue a biannual report to the joint committee on telecommunications, utilities and energy which shall include, but not be limited to, the following information: the nature of consumer claims, the number of consumer claims and the resolutions of consumer claims reviewed by the department during the previous 6 months. Said report shall be available for public review at the department.
SECTION 2. Section 145 of chapter 164 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsections (a), (b), and (c) and inserting in place thereof the following subsections:-
(a) For the purposes of this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:--
“Customer”, a retail natural gas customer.
“‘Eligible infrastructure replacement”, a replacement or an improvement of existing infrastructure of a gas company that: (i) is made on or after January 1, 2015; (ii) is designed to improve public safety or infrastructure reliability; (iii) does not increase the revenue of a gas company by connecting an improvement for a principal purpose of serving new customers; (iv) reduces, or has the potential to reduce, lost and unaccounted for natural gas through a reduction in natural gas system leaks; (v) is not included in the current rate base of the gas company as determined in the gas company’s most recent rate proceeding; (vi) may include use of advanced leak repair technology approved by the department to repair an existing leak-prone gas pipe to extend the useful life of the such gas pipe by no less than 10 years; and (vii) may include replacing gas infrastructure with utility-scale non-emitting renewable thermal energy infrastructure.
“Plan”, a targeted infrastructure replacement program construction plan that a gas company files pursuant to subsection (b).
“Project”, an eligible infrastructure replacement project proposed by a gas company in a plan filed under this section.
(b) A gas company shall file with the department a plan to address aging or leaking natural gas infrastructure within the commonwealth and the leak rate on the gas company’s natural gas infrastructure in the interest of public safety and reducing lost and unaccounted for natural gas through a reduction in natural gas system leaks. This plan shall include, but not be limited to, provisions to ensure the gas company trains a sufficient, highly skilled, stable workforce to repair and maintain the safety and reliability of its pipeline for the duration of its useful life, until and including its retirement or re-purposing for alternative use. Each company’s gas infrastructure plan shall include interim targets for the department’s review. The department shall review these interim targets to ensure each gas company is meeting the appropriate pace to reduce the leak rate on and to replace the gas company’s natural gas infrastructure in a safe and timely manner. The interim targets shall be for periods of not more than 6 years or at the conclusion of 2 complete 3-year walking survey cycles conducted by the gas company. The gas companies shall incorporate these interim targets into timelines for removing all leak-prone infrastructure filed pursuant to subsection (c) and may update them based on overall progress. The department may levy a penalty against any gas company that fails to meet its interim target in an amount up to and including the equivalent of 2.5 per cent of such gas company’s transmission and distribution service revenues for the previous calendar year.
(c) Any plan filed with the department shall include, but not be limited to: (i) eligible infrastructure replacement of mains, services, meter sets and other ancillary facilities composed of non-cathodically protected steel, cast iron and wrought iron, prioritized to implement the federal gas distribution pipeline integrity management plan annually submitted to the department and consistent with subpart P of 49 C.F.R. part 192; (ii) an anticipated timeline for the completion of each project; (iii) the estimated cost of each project; (iv) rate change requests; (v) a description of customer costs and benefits under the plan; (vi) the relocations, where practical, of a meter located inside of a structure to the outside of said structure for the purpose of improving public safety; and (vii) how the gas company intends to utilize its in-house workforce and outside contractor crews, respectively, to perform construction; (viii) all oversight and quality assurance measures implemented by the gas company on construction during the course of the plan; (ix) all funds to be expended on training for its in-house on the construction and maintenance of its pipeline; (x) any plans for the utilization of pipeline to satisfy the Commonwealth’s net zero emissions goals and aggregated data reflecting the projected impact of the plans on the Commonwealth’s net zero emissions goals; and (xi) any other information the department considers necessary to evaluate the plan.
As part of each plan filed under this section, a gas company shall include a timeline for removing all leak-prone infrastructure on an accelerated basis specifying an annual replacement pace and program end date with a target end date of: (i) not more than 20 years from the filing of a gas company’s initial plan; or (ii) a reasonable target end date considering the allowable recovery cap established pursuant to subsection (f). The department shall not approve a timeline as part of a plan unless the allowable recovery cap established pursuant to subsection (f) provides the gas company with a reasonable opportunity to recover the costs associated with removing all leak-prone infrastructure on the accelerated basis set forth under the timeline utilizing the cost recovery mechanism established pursuant to this section. After filing the initial plan, a gas company shall, at 5-year intervals, provide the department with a summary of its replacement progress to date, a summary of work to be completed during the next 5 years and any similar information the department may require. The department may require a gas company to file an updated long-term timeline as part of a plan if it alters the cap established pursuant to subsection (f).
SECTION 3. Chapter 164 of the General Laws is hereby amended by adding the following section:-
Section 149. Department programs to ensure a just transition:
(a) Definitions.
For the purpose of this statute, the following definitions apply:
(1) “Company” or "employer", any local distribution company regulated under M.G.L. c. 164 § 3 and distributing natural gas to ratepayers.
(2) “Dual Fuel Company”, a Company that distributes natural gas and one or more other form of energy to commercial, governmental, and/or residential ratepayers.
(3) “Alternative Energy Company”, a Company that generates or distributes forms of energy whose production and use results in the production of lower carbon emissions conventional natural gas or electric energy.
(4) “Commonwealth”, the Commonwealth of Massachusetts and/or its departments, offices, agencies, political sub-divisions, and quasi-public agencies, including but not limited to quasi-public agencies subject to said chapter 150A by chapter 760 of the acts of 1962 and any quasi-public independent entity and any authority or body politic and corporate established by the general court to serve a public purpose.
(b) Planning for Just Transition of Workforce.
(1) Every Company shall develop, and periodically amend a comprehensive plan, as set forth in Section 1E of Chapter 164 [as amended in Section 1 of this Legislation] to be filed with the Department of Public Utilities, for the hire, retention, and training of a sufficient operations and maintenance workforce through 2050 addressing its plans to meet the Commonwealth’s net zero emissions goals and its plans to fulfill this Chapter’s requirements to provide safe and reliable service as well as all other state and Federal regulatory requirements. Such plan shall be amended bi-annually, beginning July 1, 2024. Each Company plan shall also provide projections for any attrition among its in-house workforce and the utilization of outside contractors over both the biannual period and over the course of the transition to net zero emissions.
Dual Fuel Companies must additionally provide, as part of their biannual plan, all provisions, opportunities and initiatives to provide training and employment opportunities to workers who may be displaced by the Company’s compliance with the Commonwealth’s net zero emissions goals.
(2) The Department shall, when initiated sua sponte or by motion of the Attorney General, initiate an investigation to determine to determine the sufficiency of the Company’s plan with regard to meeting the Commonwealth’s net zero emission requirements and Chapter 164’s reliability, safety and staffing requirements. Such plans, and all back-up data upon which the plans are based, shall be subject to disclosure to all intervening stakeholders during the investigation.
(c) Funding for Training on Alternative Fuels.
The Executive Office of Energy and Environmental Affairs and the Executive Office of Labor and Workforce Development shall, joint and in collaboration, administer programs, provide technical assistance, and develop regulations for a training fund to support the establishment of apprenticeship programs to train Company employees on alternative energy generation and distribution and raise the next generation of energy industry workers in the Commonwealth.
Grants from the fund may be provided to Gas and Dual Fuel Companies for the development and execution of training of their workforces on a competitive basis, based upon a number of factors, including, but not limited to, the Company’s demonstrated commitments to (1) retaining and repurposing its highly skilled in-house gas workforce on a dual fuel or alternative energy businesses, (2) maintaining high quality, longterm in-house employment opportunities in energy distribution. Labor organizations representing Gas Company workers and Dual Fuel Company workers may also apply for funding.
Alternative energy companies, including both generating or distributing companies, may also apply for training grants from this fund to defray the cost of hiring and training workers displaced by the Commonwealth’s efforts to meet its net zero emissions goals. To qualify, alternative energy companies must demonstrate that (1) they are developing and executing plans for hiring, training and retention that include a demonstrated commitment to training and hiring gas company employees and other workers displaced by the Commonwealth’s transition to net zero emissions, (2) they have or are in the process of developing robust in-house training programs in the Commonwealth on alternative energy, and (3) their commitment to the creation and maintenance of high quality, sustainable employment opportunities for displaced workers.
SECTION 4. Chapter 151A of the General Laws is hereby amended by adding the following section:-
Section 75. (a) Definitions
For the purposes of this section, the following terms shall have the following meanings.
"Adversely affected employment", employment with an employer providing labor, goods, and/or services facilitating the generation, distribution, or transmission of energy from fossil fuels, including but not limited to the distribution of natural gas, which may be or are adversely affected by the Commonwealth’s efforts to realize its net zero emissions goals.
"Adversely affected worker", an individual who, because of lack of work in adversely affected employment, has been totally or partially separated from such employment, or has been threatened to be totally or partially separated from such employment.
"Adjustment assistance", any compensation, credit, benefit, funding, training, or service provided under this section.
"Suitable employment", used with respect to an eligible adversely affected worker, means employment at a wage that is not less than 90 percent of the wage the worker received on the day before any partial or total separation.
"Applicable employer",
(1) an employer engaged in the generation, distribution/transmission of energy from fossil fuels (“fossil fuel employer”);
(2) an employer engaged in the generation, distribution, or transmission of fossil fuel energy that also, either as a secondary component of its business or by corporate affiliation, generates, distributes, or transmits another form of energy (“dual fuel employer”); distribute natural gas and one or more other form of energy to commercial, governmental, and/or residential ratepayers or,
(3) an employer providing labor, goods, and/or services in or to the renewable energy industry (“alternative energy employer”).
"Partial separation", used with respect to an individual who has not been totally separated, means that such individual has experienced
(1) a reduction in hours of work to 80 percent or less of the individual's average weekly hours in adversely affected employment; and
(2) a reduction in wages to 80 percent or less of the individual's average weekly wage in such adversely affected employment.
"Threatened", used with respect to total or partial separation, means that an individual is aware of imminent total or partial separation from employment with an applicable firm or with a company with which the applicable firm is contracted to provide goods or services.
"Total separation", the layoff or severance of an adversely affected worker.
(b) Transition Related Unemployment Assistance.
(1) In general, the department of unemployment assistance shall make payments of temporary additional unemployment compensation for up to 104 additional weeks to adversely affected workers who have been totally separated:
(i) have exhausted all rights to regular unemployment compensation under the State law or under Federal law with respect to a benefit year;
(ii) have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; and
(iii) are able to work, available to work, and actively seeking work.
(2) Exhaustion of benefits
For purposes of paragraph (1), an adversely affected individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when—
(i) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or
(ii) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed.
(3) Weekly benefit amount.
In general, subject to paragraph, for purposes of any agreement under this section
(i) The amount of temporary additional unemployment compensation that shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment;
(ii) The terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for temporary additional unemployment compensation and the payment thereof; and
(iii) The maximum amount of temporary additional unemployment compensation payable to any applicable individual is 156 weeks.
(4) Funding. Each applicable employer, as defined in this section, shall make contributions as established by the department of unemployment assistance, pursuant to its enabling authority under Chapter 151A, into a newly established Clean Energy Just Transition Unemployment Trust Fund to cover the cost of these benefits. The department shall establishing contribution rates and schedules as well as all relevant regulations for the Just Transition Trust Fund to ensure that it is fully funded and may be utilized by all adversely affected employees who are terminated no later than January 1, 2025. The department may also use funding from the Trust Fund to establish programs and benefits for adversely affected workers to assist them in obtaining training and replacement employment opportunities and to cover health insurance.
(c) Per Capita Tax Credits for Dual Fuel and Alternative Energy Companies Providing Suitable Employment to adversely affected workers.
Dual and alternative energy companies providing suitable employment in a comparable occupation to adversely affected workers shall be eligible for tax credits on a per capita basis based on employment census over the course of the tax year. Such credits shall be established, after rulemaking, by the Executive Office of Labor and Workforce Development and the Department of Revenue no later than January 1, 2025.
SECTION 5. Chapter 23 of the General Laws is hereby amended by adding the following section:
Section 26. Just Transition to Clean Energy
(a) In the department of career services, within the executive office of labor and workforce development, there shall be a just transition office. The office shall ensure that workers employed in the energy sector who are displaced due to efforts by the commonwealth or the private sector to reduce greenhouse gas emissions or transition from fossil fuels to clean energy have immediate access to employment and training opportunities in clean energy industries and related fields. The just transition office shall also work with clean energy businesses to ensure they act as responsible employers to further the commonwealth’s workforce and economic development goals. The just transition office shall also work to increase access to employment and training opportunities in clean energy industries and related fields for residents of environmental justice communities.
(b) The secretary of labor and workforce development shall appoint the director of the office.
(c) Within the office there shall be a just transition advisory committee consisting of: (1) the director of the office; (2) the secretary of labor and workforce development and the commissioner of the department of energy resources, or their designees; (3) the director of the office of clean energy equity in the executive office of energy and environmental affairs; (4) a representative of employers in the gas utility sector appointed by the governor; (5) a representative of employers in the electric power generation sector appointed by the governor; (6) a representative of employers in the renewable electricity sector appointed by the governor; (7) a representative of employers in the energy efficiency sector appointed by the governor; (8) a representative of employers in the clean transportation sector appointed by the governor; (9) a representative of employers in the clean heating sector appointed by the governor; (10) a representative of employees in the gas utility sector appointed by the president of the Massachusetts AFL-CIO; (11) a representative of employees in the electric power generation sector appointed by the president of the Massachusetts AFL-CIO; (12) two representatives of employees in the clean energy sector appointed by the president of the Massachusetts AFL-CIO; (13) a representative of employees in the transportation sector appointed by the president of the Massachusetts AFL-CIO; (14) the president of the Massachusetts Building Trades Council or a designee, and (15) 2 representatives of environmental justice communities appointed by the director of the office of clean energy equity.
(d) The committee shall be tasked with developing a just transition plan for the energy sector that identifies workers currently employed in the sector by industry, trade, and job classification, and contains relevant information including, but not limited to, current wage and benefit packages and current licensing, certification and training requirements. The committee, through the just transition plan, shall recommend education and training programs to enhance re-employment opportunities within the energy sector, and services to support dislocated workers displaced from jobs within the energy sector as a result of emissions-reducing policies and advancements in clean energy technology. The just transition plan shall also recommend actions to increase opportunities for residents of environmental justice communities to work in clean energy industries.
(e) The just transition plan shall include provisions to:
(1) Administer climate adjustment assistance benefits that are similar in type, amount, and duration to federal Trade Adjustment Assistance Benefits available pursuant to 20 CFR 617.20–617.49;
(2) Educate dislocated workers, in collaboration with employers of dislocated workers and relevant labor unions, on re-employment or training opportunities, and how to apply for climate adjustment assistance benefits;
(3) Provide training, cross-training, and re-training to workers displaced by gas infrastructure loss in the commonwealth’s local distribution companies and related businesses;
(4) Address the workforce development challenges of the fossil fuel energy sector’s shrinking workforce over the course of the commonwealth’s 25-year transition to a clean energy economy;
(5) Incentivize the hiring of displaced energy sector workers with utilities, clean energy industries, and related industries;
(6) Work with the Massachusetts Clean Energy Center to ensure that training and employment opportunities for displaced energy sector workers are included in their initiatives, incentives, funding opportunities, and projects;
(7) Work with the department of public utilities and other agencies regulating the energy sector within the commonwealth to coordinate just transition initiatives, complementing the other regulatory priorities of those agencies;
(8) Establish a fund to implement the just transition plan and its components, including potential sources for sustainable short-term and long-term funding;
(9) Develop requirements, including the submission of a workforce transition plan, for energy sector employers that are closing a facility or significantly reducing their workforces as a result of efforts by the commonwealth or the private sector to reduce greenhouse gas emissions or transition from fossil fuels to clean energy; and
(10) Increase access to employment and training opportunities in clean energy industries and related fields for residents of environmental justice communities.
(f) Employers described in paragraph (i) of subsection (5) shall submit a workforce transition plan to the office. Workforce transition plans shall be subject to section 10 of chapter 66 and shall include:
(1) The reasons for the workforce reduction or facility closure;
(2) The total number of workers by job classification and by geographic assignment employed by the employer;
(3) The total number of workers whose existing jobs who will be retained, by job classification and geographic location;
(4) The total number of workers whose existing jobs will be eliminated by the workforce reduction or the closure of a facility, by job classification and geographic location;
(5) Whether each classification of workers whose jobs are being eliminated will be offered employment in any other job classification or capacity by the employer; how many employees in each classification will be offered employment; and whether the replacement employment offered will provide comparable wages, benefits, and working conditions;
(6) Whether the employer is offering severance or early retirement benefits to impacted workers; the value of the severance or early retirement benefits; whether the severance or early retirement benefits are being provided to all or certain classes of workers; and how many impacted workers intend to utilize these offerings;
(7) Whether the employer plans to transfer the work to a separate facility, enter a contracting agreement for work previously performed by company employees, or otherwise outsource work previously performed by company employees; and
(8) Whether the employer is a recipient of loans, grants, tax increment financing, or any other financial incentive from the commonwealth, its independent state agencies, departments, or corporations, or any municipality within the last 5 years.
SECTION 6. The Governor shall appoint representatives of labor organizations to participate on state climate and energy advisory boards and committees that are consistent with the energy advisory board and the energy efficiency advisory council set forth in M.G.L. c. 25 and other similarly situated committees and boards.
| null |
[]
|
[]
|
[]
|
[]
|
An Act protecting Massachusetts workers
|
H1866
|
HD2772
| 193
|
{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T16:13:05.123'}
|
[{'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-19T16:13:05.1233333'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-01-30T10:28:07.3266667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1866/DocumentHistoryActions
|
Bill
|
By Representative DeCoste of Norwell, a petition (accompanied by bill, House, No. 1866) of David F. DeCoste and Michael J. Soter relative to the verification of employment eligibility of employees through the federal employment authorization e-verify program. Labor and Workforce Development.
|
Chapter 149 of the General Laws is hereby amended by striking out section 19C and inserting in place thereof the following section:-
Section 19C. (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:
“Agency”, any agency, department, board or commission of the commonwealth, a county, city or town that issues a license for purposes of operating a business.
“E-verify program”, the federal employment authorization verification program as jointly administered by the United States Department of Homeland Security and the Social Security Administration or any of its successor programs.
“Economic development incentive”, any grant, loan or performance-based incentive from any government entity awarded after January 1, 2022.
“Employee”, any person who provides services or labor for an employer for wages or other remuneration, excluding independent contractors.
“Employer”, any individual or type of organization that transacts business in the commonwealth, has a license issued by an agency in the commonwealth and employs 1 or more employees in this state. Employer shall include, but not be limited to, the commonwealth, any political subdivision thereof and self-employed persons. In the case of an independent contractor, employer shall mean the independent contractor and shall not mean the person or organization that uses the contract labor.
“Government entity”, the commonwealth and any political subdivision thereof that receives and uses tax revenues.
“Independent contractor”, any individual or entity that carries on an independent business, that contracts to do a piece of work according to the individual's or entity's own means and methods and that is subject to control only as to results. An independent contractor shall include an individual who performs services and is not an employee pursuant to section 3508 of the Internal Revenue Code. Whether an individual or entity is an independent contractor shall be determined on a case-by-case basis through various factors, including whether the individual or entity:
(1) supplies the tools or materials;
(2) makes services available to the general public;
(3) works or may work for a number of clients at the same time;
(4) has an opportunity for profit or loss as a result of labor or service provided;
(5) invests in the facilities for work;
(6) directs the order or sequence in which the work is completed; or
(7) determines the hours when the work is completed.
“Intentionally”, with respect to a result or to conduct described in this section defining an offense, that a person’s objective is to cause that result or to engage in that conduct.
“Knowingly employ an unauthorized alien”, to act in a manner described in 8 U.S.C. 1324a. This term shall be interpreted consistently with said 8 U.S.C. 1324a and any applicable federal rules and regulations.
“License”, any agency permit, certificate, approval, registration, charter or similar form of authorization that is required by law and that is issued by any agency for the purposes of operating a business in this state, including, but not limited to:
(1) articles of incorporation;
(2) certificates of limited partnership under section 8 of chapter 109;
(3) grants of authority issued under section 15.03 of chapter 156D; and
(4) sales and use tax certificates;
But shall not include:
(5) licenses issued pursuant to water or environmental regulations; and
(6) professional licenses.
“Social security number verification service”, the social security number verification service program administered by the Social Security Administration or any of its successor programs.
“Unauthorized alien”, as defined by 8 U.S.C. 1324a(h)(3). This term shall be interpreted consistently with said 8 U.S.C. 1324a(h)(3) and any applicable federal rules and regulations.
(b)(1) After hiring an employee, an employer shall verify the employment eligibility of the employee through the e-verify program.
(2) No employer shall intentionally or knowingly employ an unauthorized alien. If, when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in the state, the employer intentionally or knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer shall violate this subsection.
(c) The attorney general shall prescribe a complaint form for a person to allege a violation of subsection (b). The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly failed to verify the employment eligibility of an employee through the e-verify program, or intentionally or knowingly employed an unauthorized alien, the attorney general or district attorney shall investigate whether the employer has violated subsection (b). If a complaint is received but is not submitted on a prescribed complaint form, the attorney general or district attorney may investigate whether the employer has violated subsection (b). This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The attorney general or district attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a district attorney shall be submitted to the district attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law enforcement agency may assist in investigating a complaint. When investigating a complaint, the attorney general or district attorney shall verify the work authorization of any alleged unauthorized alien with the federal government pursuant to 8 U.S.C. 1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. 1373(c). Whoever knowingly files a false and frivolous complaint shall be punished by a fine of not more than $500, or by imprisonment of not more than 30 days, or both.
(d) If, after an investigation, the attorney general or district attorney determines that the complaint is not false and frivolous:
(1) the attorney general or district attorney shall notify the United States Immigration and Customs Enforcement of any unauthorized alien;
(2) the attorney general or district attorney shall notify the local law enforcement agency of any unauthorized alien; and
(3) the attorney general shall notify the appropriate district attorney to bring an action pursuant to subsection (e) if the complaint was originally filed with the attorney general.
(e) An action for a violation of subsection (b) shall be brought against the employer by the district attorney in the county where the violation is alleged to have occurred. The district attorney shall not bring an action against any employer for any violation of subsection (b) that is alleged to have occurred before January 1, 2022.
(f) For any action in superior court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
(g) On a finding of a violation of subsection (b):
(1) For a first violation, as described in paragraph (3), the court:
(i) shall order the employer to terminate the employment of all unauthorized aliens;
(ii) shall order the employer to be subject to a 3 year probationary period for the business location where the unauthorized alien performed work. During the probationary period, the employer shall file quarterly reports with the district attorney demonstrating compliance with subsection (b) with respect to each new employee who is hired by the employer at the business location where the violation occurred;
(iii) shall order the employer to file a signed sworn affidavit with the district attorney within 3 business days after the order is issued. The affidavit shall state that the employer shall verify the employment eligibility of all new employees through the e-verify program, that the employer has terminated the employment of all unauthorized aliens in the commonwealth and that the employer will not intentionally or knowingly employ an unauthorized alien in the commonwealth. The court shall order the appropriate agencies to suspend all licenses subject to this clause that are held by the employer if the employer fails to file a signed sworn affidavit with the district attorney within 3 business days after the order is issued. All licenses that are suspended under this clause shall remain suspended until the employer files a signed sworn affidavit with the district attorney. Notwithstanding any other general or special law to the contrary, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this clause, the licenses subject to suspension shall be all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the violation occurred, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension shall be all licenses that are held by the employer at the employer's primary place of business. On receipt of the court’s order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the attorney general and the attorney general shall maintain the copy pursuant to subsection (h); and
(iv) may order the appropriate agencies to suspend all licenses described in clause (iii) that are held by the employer for not longer than 10 business days. The court shall base its decision to suspend on any evidence or information submitted to the court during the action for a violation and shall consider the following factors, if relevant:
(A) number of unauthorized aliens employed by the employer;
(B) prior misconduct by the employer;
(C) degree of harm resulting from the violation;
(D) whether the employer made good faith efforts to comply with any applicable requirements;
(E) duration of the violation;
(F) role of the directors, officers or principals of the employer in the violation; and
(G) other factors the court deems appropriate.
(2) For a second violation, as described in paragraph (3), the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the violation occurred. If the employer does not hold a license specific to the business location where the violation occurred, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
(3) The violation shall be considered:
(i) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection for that employer's business location.
(ii) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection for that employer's business location.
(h) The attorney general shall maintain copies of court orders that are received pursuant to subsection (g), shall maintain a database of the employers and business locations that have a first violation of subsection (b) and make the court orders available on the attorney general's website.
(i) On determining whether an employee is an unauthorized alien, the court shall consider only the federal government’s determination pursuant to 8 U.S.C. 1373(c). The federal government's determination shall create a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. 1373(c).
(j) For the purposes of this section, proof of verifying the employment authorization of an employee through the e-verify program creates a rebuttable presumption that an employer did not intentionally or knowingly employ an unauthorized alien.
(k) For the purposes of this subsection, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. 1324a(b) establishes an affirmative defense that the employer did not intentionally or knowingly employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. 1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
(l) This section shall not be construed to require an employer to take any action that the employer believes in good faith would violate federal or state law.
(m) In addition to any other requirement for an employer to receive an economic development incentive from a government entity, the employer shall register with and participate in the e-verify program. Before receiving the economic development incentive, the employer shall provide proof to the government entity that the employer is registered with and is participating in the e-verify program. If the government entity determines that the employer is not complying with this subsection, the government entity shall notify the employer by certified mail of the government entity's determination of noncompliance and the employer's right to appeal the determination. On a final determination of noncompliance, the employer shall repay all monies received as an economic development incentive to the government entity within 30 days of the final determination.
(n) Every 3 months the attorney general shall request from the United States Department of Homeland Security a list of employers from the commonwealth that are registered with the e-verify program. On receipt of the list of employers, the attorney general shall make the list available on the attorney general's website.
(o) The attorney general shall develop a statewide random auditing program to inspect employers for compliance with the provisions of this section and shall promulgate regulations governing the implementation of the audit program.
| null |
[]
|
[]
|
[]
|
[]
|
An Act clarifying mandatory overtime protections
|
H1867
|
HD1781
| 193
|
{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-18T15:25:32.377'}
|
[{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-18T15:25:32.3766667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-29T14:30:23.3466667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-29T14:30:23.3466667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-29T14:30:23.3466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-29T14:30:23.3466667'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-01-29T14:30:23.3466667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T12:10:58.1633333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-02T13:11:19.7433333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-06T16:20:10.58'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-09T12:12:59.5733333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-09T12:14:04.7833333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:23:51.58'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-19T13:23:23.8166667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-19T13:20:09.23'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-19T13:18:22.3233333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-27T23:22:12.3166667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-27T23:22:08.46'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-07T15:22:17.5966667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-07T15:19:08.71'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-04-05T10:26:44.9866667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T10:37:23.3866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1867/DocumentHistoryActions
|
Bill
|
By Representative Doherty of Taunton, a petition (accompanied by bill, House, No. 1867) of Carol A. Doherty and others relative to mandatory overtime protections in collective bargaining agreements entered into by hospitals and labor organizations. Labor and Workforce Development.
|
SECTION 1. Chapter 224 of the acts of 2012 is hereby amended in SECTION 103 in subsection 226 by deleting section (h).
| null |
[]
|
[]
|
[]
|
[]
|
An Act to prevent wage theft, promote employer accountability, and enhance public enforcement
|
H1868
|
HD2895
| 193
|
{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T19:27:50.183'}
|
[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-18T19:27:50.1833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T10:18:33.1766667'}, {'Id': 'AJS1', 'Name': 'Adam Scanlon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJS1', 'ResponseDate': '2023-01-24T10:18:33.1766667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T12:48:37.0133333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'WMS1', 'Name': 'William M. Straus', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WMS1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'CMM1', 'Name': 'Christopher M. Markey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMM1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'A_S1', 'Name': 'Alan Silvia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/A_S1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T11:43:08.1033333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-09T10:49:59.23'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-10T13:00:47.7366667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-10T13:00:47.7366667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-10T13:00:47.7366667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-13T10:11:28.5866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-02-17T11:34:06.2266667'}, {'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'DRC1', 'Name': 'Daniel R. Carey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRC1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'D_B1', 'Name': 'David Biele', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_B1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-02-28T12:05:31.6566667'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-16T15:54:39.2833333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-30T09:37:44.3233333'}, {'Id': 'PKF1', 'Name': 'Paul K. Frost', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PKF1', 'ResponseDate': '2023-03-30T09:37:44.3233333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-04-05T10:53:08.2933333'}, {'Id': 'D_S1', 'Name': 'Dawne Shand', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_S1', 'ResponseDate': '2023-04-05T10:53:08.2933333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-05T10:53:08.2933333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-05T10:53:08.2933333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-04-18T13:52:17.9'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-04-20T11:47:11.2066667'}, {'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-04-20T11:47:11.2066667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-05-11T13:43:40.72'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-05-11T13:43:40.72'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-11T13:43:40.72'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-05-11T13:43:40.72'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-05-22T15:52:30.68'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-05-22T15:52:30.68'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-05-31T13:44:15.6833333'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-05-31T14:10:04.13'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-07-24T11:54:51.5066667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-07-24T11:54:51.5066667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-07-24T11:54:51.5066667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-07-24T11:54:51.5066667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-07-24T11:54:51.5066667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-07-24T11:54:51.5066667'}, {'Id': 'WFM1', 'Name': 'William F. MacGregor', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFM1', 'ResponseDate': '2023-09-05T12:15:27.41'}, {'Id': 'RMH1', 'Name': 'Richard M. Haggerty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH1', 'ResponseDate': '2023-09-18T14:20:24.8333333'}, {'Id': 'M_K1', 'Name': 'Meghan Kilcoyne', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_K1', 'ResponseDate': '2023-09-20T14:45:01.9633333'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-09-20T14:45:01.9633333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1868/DocumentHistoryActions
|
Bill
|
By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1868) of Daniel M. Donahue and others for legislation to prevent wage theft, promote employer accountability, and enhance public enforcement. Labor and Workforce Development.
|
SECTION 1. Section 27C of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “subsection (a)”, in line 58, the following words:- or section 100, 148E or 150C.
SECTION 2. Said section 27C of said chapter 149, as so appearing, is hereby further amended by striking out, in line 159, the words “Civil and criminal” and inserting in place thereof the following word:- Criminal.
SECTION 3. Said section 27C of said chapter 149, as so appearing, is hereby further amended by adding the following subsection:
(d) As a further alternative to initiating criminal proceedings pursuant to subsection (a) or civil proceedings pursuant to subsection (b), the attorney general may file a civil action for injunctive relief, for any damages incurred, and for any lost wages and other benefits on behalf of a worker or multiple, similarly situated workers. If the attorney general prevails in such an action, the worker or workers on whose behalf the attorney general brought the civil action shall be awarded treble damages, as liquidated damages, for any lost wages and other benefits, and the attorney general shall also be awarded court costs and reasonable attorneys’ fees.
SECTION 4. Said chapter 149 of the General Laws, as so appearing, is hereby amended by striking out section 148A and inserting in place thereof the following section:-
Section 148A. (a) Any person or entity, including an employer or its agent, who in any manner discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person because that person has opposed a violation of this chapter, complained to the attorney general or to any other person of a violation of this chapter, assisted any other person in exercising rights under this chapter, informed any other person of rights under this chapter, or instituted, assisted in, or testified in any investigation or proceedings under or related to this chapter, or because of a belief that the person may in the future engage in any such actions, shall have violated this section and shall be punished or subject to civil proceedings as provided in subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
(b) There shall be a rebuttable presumption of a violation of this section if a person or entity discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person within 90 days of that person’s exercise of rights under this chapter, including activity protected by this section. This presumption may be rebutted by clear and convincing evidence that the action was taken for a permissible purpose and that it would have been taken in the absence of the protected activity.
SECTION 5. Chapter 149 of the General Laws is hereby amended by inserting after section 148D the following 2 sections:
Section 148E. (a) As used in this section and sections 148F and 148G, inclusive, the following words shall have the following meanings unless the context clearly indicates otherwise:
“Labor contractor”, a person or entity that obtains, engages or provides 1 or more individuals to perform labor or services, with or without a written contract, directly or indirectly, to a lead contractor or from a labor subcontractor.
“Labor subcontractor”, a person or entity that engages or provides 1 or more individuals to perform labor or services, with or without a written contract, directly or indirectly, to a labor contractor.
“Lead contractor”, a person or entity that obtains, engages or is provided with 1 or more individuals, directly from a labor contractor or indirectly from a labor subcontractor, to perform labor or services that has a significant nexus with the lead contractor’s business activities, operations or purposes.
“Notice”, a written communication mailed, postage prepaid, or hand delivered to the lead contractor’s place of business, registered agent, officer, director, worksite manager or a supervisor, or any other individual identified by the lead contractor as its representative. Notice shall include, if known and available, the name of the employer, the amount of the claim or an explanation of any data needed to calculate the amount of the claim and the dates that the claimant worked.
“Owner”, a person or entity with an ownership interest that contracts for labor or services outside of its usual course of business.
“Successor entity”, a person or entity that (i) has 1 or more of the same principals, trustees or officers as the person or entity subject to liability; and (ii) is engaged in the same or equivalent trade or activity. A successor entity shall not include an individual transferring jobs in the same or equivalent trade or field.
“Wage theft”, a violation of sections 27, 27F, 27G or 27H of chapter 149, the first and third sentences and the fourth paragraph of section 148 of chapter 149, wage theft violations as otherwise defined by this paragraph in section 148B of chapter 149, the fourth sentence of section 150 of chapter 149, section 152A of chapter 149, subsections (c) or (d) of section 159C of chapter 149, or sections 1, 1A, 2A or 7 of chapter 151.
(b) An employer, except a staffing agency as defined by section 159C that is licensed or registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each worker, not later than 10 days after the commencement of employment, with written notice in the language the employer normally uses to communicate employment-related information to the worker, of the following information: (i) the rate or rates of pay and the basis for those rates, whether paid by the hour, shift, day, week, salary, piece, commission or otherwise, including methods of calculation for overtime, if applicable; (ii) allowances, if any, claimed as part of the minimum wage, including meal, tip or lodging allowances; (iii) the regular pay day designated by the employer; (iv) the name of the employer, including any “doing business as” names used by the employer; (v) the physical address of the employer’s main office or principal place of business and mailing address, if different; (vi) the telephone number of the employer; and (vii) the name, address, and telephone number of the employer’s workers’ compensation insurance carrier.
(c) (1) A lead contractor shall be subject to joint and several civil liability with a labor contractor and a labor subcontractor for wage theft, including treble damages and attorney’s fees as identified in Section 150, provided that written notice of the alleged violation to be raised in that action is provided to the lead contractor, labor contractor and labor subcontractor, if applicable, not more than 45 days from the last occurrence of the alleged wage theft.
(2) A labor contractor shall be subject to joint and several liability with a labor subcontractor with whom the labor contractor has privity of contract, or implied contract, for wage theft, including treble damages and attorney’s fees as identified in Section 150, provided that written notice of the alleged violation to be raised in that action is provided to the labor contractor and labor subcontractor not more than 45 days from the last occurrence of the alleged wage theft.
(3) A lead contractor’s joint and several liability shall be limited to 120 consecutive days of any alleged wage theft, counting back the 120 days from the day of the last violation prior to the notice. This 120-day damages limitation period shall not impact other wage violation remedies available to a claimant.
(4) Notice of wage theft violations may be provided by a worker or any other designated person on behalf of similarly situated workers. Any person or entity having a contract with such lead contractor who receives notice shall deliver copies of it forthwith to the lead contractor and either the labor contractor or labor subcontractor that is alleged to have committed wage theft.
(5) A successor entity to any lead contractor, labor contractor or labor subcontractor subject to liability under this section shall also be liable under this section.
(6) An owner shall not be subject to liability under subsection (c) unless the owner is a lead contractor, labor contractor or labor subcontractor. Subsection (c) shall not impose individual liability on a homeowner for the labor or services received at the homeowner’s place of residence or the owner of a home-based business for labor or services received at the homeowner’s place of business.
(7) A written offer and payment in full of all such wages allegedly owed during the 45-day period after a receipt of the notice by a lead contractor, labor contractor or labor subcontractor shall extinguish a lead contractor’s liability for damages under this section.
(8) If a good faith settlement denial or a partial payment is issued for an alleged wage theft violation within a 45-day period, a lead contractor or a labor contractor shall not be subject to joint and several liability, treble damages or attorney’s fees as identified in section 150, and in support of its contention that it responded in good faith, it may offer evidence that it conducted a timely and thorough investigation, as determined by a court of competent jurisdiction, of a labor contractor or a labor subcontractor’s violation with no finding of fault as an affirmative defense. Such an investigation would require: i) an acknowledgement and reasonably prompt action upon receiving notice; ii) adopting and implementing reasonable standards for the prompt investigation; iii) conducting a reasonable investigation based upon all available information; iv) issuing prompt, fair and equitable settlement of wage theft violation claims in which liability has become reasonably clear; and v) provided the claimant or its designee is provided with a record of the investigation and the results of the investigation.
(d) For purposes of this section, a labor contractor or a labor subcontractor shall indemnify a lead contractor for any wages, damages, interest, penalties or attorneys’ fees owed or incurred by the lead contractor as a result of the labor contractor or labor subcontractor’s wage theft. For purposes of this section, a labor subcontractor shall indemnify a labor contractor for any wages, damages, interest, penalties or attorneys’ fees owed by the labor contractor as a result of the labor subcontractor’s wage theft.
(e) When a lead contractor receives written notice that a labor contractor or labor subcontractor has allegedly failed to pay wages to a person or persons performing labor for the lead contractor, the lead contractor may do one or both of the following: (i) provide the unpaid wages directly to the person or persons performing labor for the lead contractor; or (ii) withhold or cause to be withheld from any payment due to the labor contractor or labor subcontractor the amount sufficient to satisfy the unpaid wages.
(f) When an individual applies for unemployment benefits pursuant to chapter 151A, and wage theft occurred during the base period as determined based on credible evidence, the individual’s unemployment benefits shall be calculated as if wages had been timely and lawfully paid.
(g) The attorney general shall enforce this section and may obtain injunctive or declaratory relief. Violation of this section shall be subject to paragraphs (1), (2), (4) and (7) of subsection (b) of section 27C, and subsection (d) of section 27C, except in cases where the lead contractor, labor contractor or labor subcontractor provides payment in full during the 45-day notice period for any wages allegedly owed, as described in subsection (c).
(h) No person or entity shall by contract or any other means be exempted from subsections (a), (b), (c), (e), (f), (g), or (h), or from section 148F. Nothing in this chapter shall limit the availability of other remedies at law or equity.
(i) The attorney general may promulgate regulations to implement this section.
(j) A lead contractor, labor contractor or labor subcontractor shall not be subject to joint and several liability for non-payment of retirement and health and welfare benefits to an employee benefits fund that has its own collection procedures for delinquent employer remittance as prescribed in a collectively bargained agreement pursuant to the Taft Hartley Act. This shall apply to section 27 and section 150C of chapter 149.
Section 148F. (a) The attorney general may investigate a claim of wage theft. Upon finding that any person or entity has engaged in a wage theft violation, the attorney general may issue a stop work order to an employer, requiring the cessation of all business operations of the violating person or entity as to the specific place of business and employment for which the violation exists. Said notice shall also be issued to the officer or agent of the employer and the lead contractor, if any.
Not less than 5 days before the commencement of a stop work order under this section, the attorney general shall notify the violating person or entity and the lead contractor, if any, of the intended action and give the person or entity an opportunity to confer with the attorney general in person or through counsel or other representative as to the proposed action. Notice shall be given to the person or entity by mail, postage prepaid, to the usual place of business or, if there is no usual place of business, to the last known address.
The stop work order may be issued only against the person or entity that has engaged in a wage theft violation and only as to the specific place of business or employment for which the violation exists. The stop work order shall be effective 48 hours after it is served unless a timely appeal request is filed pursuant to subsection (b). A stop work order shall be served in hand or at a place of business, employment or job site by posting a copy of the stop work order in a conspicuous location. A stop work order shall be released by the attorney general upon a finding that the violation has been corrected.
(b) A person or entity aggrieved by the imposition of a stop work order shall have 10 days from the date of its service to make a request for a hearing. A person or entity that timely files such an appeal shall be granted a hearing in accordance with chapter 30A not later than 21 days after receipt of the appeal. The stop work order shall not be in effect during the pendency of a timely filed appeal.
(c) A stop work order imposed against a person or entity shall be effective against any successor entity as defined by section 148E.
(d) An employee affected by a stop work order pursuant to this section shall be paid their regular rate for the period the stop work order is in place or the first 10 days the employee would have been scheduled to work if the stop work order had not been issued, whichever is less, by the person or entity that was served the stop work order. Time lost by an employee affected by a stop work order pursuant to this section, not exceeding 10 days, shall be considered time worked under chapters 149 and 151. Subsection (c) of section 148E shall not apply to wages due and payable under this subsection.
(e) The attorney general may promulgate regulations to implement this section.
SECTION 6. Chapter 149 of the General Laws is hereby amended by inserting after section 148F the following section:-
Section 148G. (a) For purposes of this section, the following terms shall have the following meanings:
(1) “Aggrieved person”, any employee or former employee, or person providing services for remuneration to another against whom one or more of the alleged violations was committed by the alleged violator, whether or not employed by the violator at the time an action is filed, including any person who is not classified by an employer as an employee but who claims to be an employee and whose claims against the purported employer relate to such alleged misclassification.
(2) “Public enforcement action”, a civil action brought by a relator under this section to enforce protections enforceable by the attorney general.
(3) “Relator”, a whistleblower that acts as a plaintiff in a public enforcement action under this section.
(4) “Whistleblower”, an aggrieved person or any current or former employee, contractor, subcontractor, employee of a lead contractor, labor contractor or labor subcontractor of the defendant, vendor, or client with knowledge of the alleged violations that is independent of and materially adds to any publicly disclosed information about the alleged violations.
(b) (1) A relator, on behalf of the attorney general and with the consent of the aggrieved person or persons, may initiate a public enforcement action pursuant to the procedures and subject to the limitations specified in subsection (e) of this section. Such action may be brought in any court of competent jurisdiction. Such an action may allege multiple violations that have affected different parties aggrieved by the same defendant.
(2) For purposes of public enforcement actions brought pursuant to this section, whenever the attorney general is authorized to assess or seek civil remedies, including penalties, equitable and declaratory relief, and other civil relief, for a violation of wage theft, as defined by section 148E of this chapter, a court is hereby authorized to assess the same civil remedies.
(3) When a civil remedy is recovered pursuant to decision or settlement in any public enforcement action, the relator shall be awarded reasonable attorneys’ fees and costs.
(4) Nothing in this section shall operate to limit an aggrieved party’s right to pursue a private action based on the same violation or injury.
(5) Nothing in this section shall operate to limit the attorney general’s right to seek restitution and damages, where available, for aggrieved parties as part of a public enforcement action in which it has intervened.
(6) Civil penalties or fines recovered in a public enforcement action or settlement of a proposed action shall be distributed as follows:
(i) one third to the aggrieved person;
(ii) one third to the Community Outreach and Labor Education Fund established in subsection (f) of this section; and
(iii) one third to the attorney general.
Any funding received by the attorney general under this section shall be continuously appropriated to supplement, and not supplant, other funding for those purposes.
(7) The right to bring a public enforcement action under this section shall not be impaired by any special contract.
(8) Notwithstanding any other provision of law, a public enforcement action authorized by this section shall be commenced within the same period of time that the attorney general has to take enforcement action under section 150 of this chapter or section 20A of chapter 151. The statute of limitations for bringing a public enforcement action under this section shall be tolled from the date that a relator files a notice pursuant to subsection (e) of this section with the attorney general, or the date that the attorney general commences an investigation, whichever is earlier.
(c) (1) Notwithstanding the provisions of subsection (b) of this section, no public enforcement action may be brought by a relator:
(i) If the attorney general, on the same facts and theories, cites a person or entity within the time periods set forth in subsection (e) of this section for a violation of the same section or sections of the General Laws under which such relator is attempting to recover a civil penalty or other remedy on behalf of aggrieved employees or others, or files a proceeding to assess penalties or to enforce other remedies available to the attorney general, provided that the attorney general provides notice to the relator pursuant to subsection (e) of this section. Public enforcement actions belong to the attorney general and preclude subsequent attorney general enforcement efforts based on the same facts and law, whether brought by the attorney general or by a relator under this section. However, nothing in this section shall operate to limit the attorney general’s right to seek additional civil remedies for aggrieved parties as part of a public enforcement action in which it has intervened; or
(ii) For any violation of a posting, notice, agency reporting, or filing requirement, except where the filing or reporting requirement involves mandatory payroll reporting.
(2) The attorney general shall establish a publicly available online database of public enforcement actions brought pursuant to this section, which may include the names of the parties, the date filed, the disposition, and any other information that the attorney general shall by regulation prescribe.
(d) (1) No one shall retaliate or take adverse action in any manner against an aggrieved person or whistleblower, or threaten to retaliate or take adverse action, because:
(i) the aggrieved person or whistleblower has brought a public enforcement action;
(ii) the aggrieved person or whistleblower has cooperated with a relator in a public enforcement action or the attorney general in investigating, prosecuting, or intervening in a public enforcement action; or
(iii) it is anticipated that the aggrieved person or whistleblower may bring a public enforcement action or cooperate with one.
(2) Any person aggrieved by a violation of this subsection may enforce it as provided by section 27C or section 150 of this chapter, or as provided by section 19 of chapter 151.
(e) (1) No public enforcement action pursuant to this section may be commenced prior to 60 days after written notice of the claim has been filed by the relator with the attorney general.
(2) The relator shall submit a filing fee of no less than 75 dollars with each filing of notice, subject to any waiver, in accordance with regulations promulgated by the attorney general. Notice and submission of the filing fee shall toll the statute of limitations on the enforcement action for which notice has been provided.
(3) The attorney general shall establish an online portal to provide for efficient electronic filing of the notice.
(4) The notice shall include:
(i) The name, address, and contact information of the alleged violator;
(ii) The name and contact information of the relator;
(iii) The name, address, and contact information of the relator’s legal counsel, should one exist; and
(iv) A concise statement of the underlying claim reasonably calculated to apprise the attorney general of the substance and nature of the claim.
(5) The attorney general shall, by regulation, provide for the right of a relator to furnish an amended notice, if the attorney general determines that the relator’s original notice pursuant to paragraph (1) of this subsection was not in compliance with this section or the regulations issued thereunder. Such determination by the attorney general shall identify with particularity the deficiencies in the original notice. The relator shall have 30 days from receiving the determination of the attorney general of noncompliance with this section to amend the notice. The amended notice will relate back to the original notice.
(6) If the attorney general intends to investigate the alleged violation, it shall notify the relator of its decision within 30 days of the date of the notice received pursuant to paragraph (1) of this subsection. Within 120 days of that decision, the attorney general may investigate the alleged violation and issue any appropriate citation. If the attorney general, during the course of its investigation, determines that additional time is necessary to complete the investigation, it may extend the time by not more than 60 additional days and shall issue a notice of the extension. If the attorney general determines that a citation will not be issued, it shall notify the relator of that decision within five business days.
(7) If, within 30 days, the attorney general notifies the relator that it does not intend to investigate the alleged violation, the relator may bring a public enforcement action. If, upon an investigation, the attorney general determines that no citation will be issued, it may authorize the relator to commence a public enforcement action.
(8) If more than one relator files a public enforcement action on the same facts or allegations as another relator, the actions may be consolidated under Rule 42 of the Massachusetts Rules of Civil Procedure.
(9) If the attorney general does not object to the filing of a public enforcement action pursuant to this section, but objects to the attorney general being represented by a particular attorney proposed by the relator, the attorney general may, within the time limits set forth in paragraph (6) of this subsection, put the relator on notice of the attorney general’s objection. The attorney general will establish regulations for notice and a hearing, for purposes of reviewing the attorney general’s objection to counsel. Upon finding, after notice and hearing, that, based on the attorney’s past conduct while representing a client or clients, the attorney does not meet the required professional standards of representatives, or, alternatively, if the attorney fails to zealously pursue the remedies available under this section, the attorney general may order that the public enforcement shall not be filed by the particular attorney on behalf of the relator.
(10) The attorney general may intervene in a public enforcement action and proceed with any and all claims in the action:
(i) As of right within 30 days after the filing of the action; or
(ii) For good cause shown, as determined by the court, after the expiration of the 30-day period after the filing of the action.
(11) If the attorney general intervenes in an action it shall have primary responsibility for prosecuting the action and shall not be bound by an act of the relator bringing the action. In such cases, the relator shall remain a party to the action. The attorney general may move to dismiss or settle the action after the relator has been notified of the filing of the motion and has been provided with an opportunity to be heard, and the court determines that such dismissal or settlement is fair, adequate, reasonable, and in the public interest. Any disposition by the attorney general shall provide compensation for reasonable attorneys’ fees and costs expended on behalf of the relator in instituting the action.
(12) If the attorney general does not intervene in the action, the relator shall have the right to conduct such an action subject to the following limitations:
(i) The court shall review and approve any settlement of any action filed pursuant to this section. The proposed settlement shall be submitted to the attorney general concurrent with submission to the court. The court shall approve a settlement of the action only upon a determination that such settlement or voluntary dismissal is fair, adequate, reasonable, and in the public interest.
(ii) If the attorney general so requests, it shall be served with copies of all pleadings filed in the action and shall be supplied with copies of all deposition transcripts. The attorney general shall bear any costs associated with service of such pleadings and depositions.
(13) No public enforcement action brought pursuant to this section shall be subject to the requirements of Rule 23 of the Massachusetts Rules of Civil Procedure.
(14) A relator is not allowed to act on behalf of the attorney general in any other manner or capacity except as stated in this section. The ability to bring a public enforcement action shall not include investigatory actions or stop work orders on behalf of the Attorney General’s office.
(f) (1) There shall be established a fund known as the Community Outreach and Labor Education Fund, separate and distinct from the General Fund. Interest earned by the Community Outreach and Labor Education Fund shall be credited to the same Fund. All moneys in the Community Outreach and Labor Education Fund shall be continuously appropriated for the purpose of awarding grants as provided in paragraph (2) of this subsection. The treasurer of the commonwealth shall credit such funds recovered under subsection (b)(6) of this section attributed to the Community Outreach and Labor Education Fund to this fund.
(2) Moneys in the Community Outreach and Labor Fund shall be granted from time to time by the attorney general to organizations that are tax-exempt under subsection (c)(3), (c)(4) or (c)(5) of the federal Internal Revenue Code, 26 U.S. C. section 501, for purposes of funding outreach, education and technical assistance to Massachusetts workers pertaining to workplace rights. The Attorney General shall promulgate regulations relative to further distribution and disbursal of recoveries. Any funding received from the attorney general under this section shall be continuously appropriated to supplement, and not supplant, other funding for those purposes. Amounts remaining in the fund at the end of a fiscal year shall not revert to the General Fund but shall be available for expenditure in the subsequent year and shall not be subject to section 5C of chapter 29.
(3) Grants provided from the Community Outreach and Labor Education Fund shall be used for activities to assist workers in enforcing employment rights, including but not limited to outreach, community-based education events, training materials, technical assistance, counseling, research and referral services.
(g) This section shall be liberally construed in light of its remedial purposes to expand the enforcement of statutes protecting workers in the commonwealth.
SECTION 7. Section 150 of said chapter 149, as so appearing, is hereby amended by inserting, in line 22, after the word “148C” the following word:- , 148E.
SECTION 8. Section 150C of said chapter 149, as so appearing, is hereby amended by striking out, in line 9, the words “one thousand dollars,” and inserting in place thereof the following words:- $1,000 or shall be subject to a civil citation or order as provided in subsection (b) of section 27C.
SECTION 9. Said section 150C of said chapter 149, as so appearing, is hereby further amended by adding the following sentence:- The president and treasurer of a corporation and any officers or agents having the management of such corporation and who have knowledge or should have had knowledge of general operations shall be considered the employers of the employees of the corporation for the purposes of this section.
SECTION 10. Section 19 of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out subsection (1) and inserting in place thereof the following subsection:-
(1) (a) Any person or entity, including an employer or its agent, who in any manner discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person because that person has opposed a violation of this chapter, complained to the attorney general or to any other person of a violation of this chapter, assisted any other person in exercising rights under this chapter, informed any other person of rights under this chapter, or instituted, assisted in, or testified in any investigation or proceedings under or related to this chapter, or because of a belief that the person may in the future engage in any such actions, shall have violated this section and shall be punished or subject to civil proceedings as provided in subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages, compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
(b) There shall be a rebuttable presumption of a violation of this subsection if a person or entity discriminates or takes adverse action, or threatens to discriminate or take adverse action, against any person within 90 days of that person’s exercise of rights under this chapter, including activity protected by this subsection. This presumption may be rebutted by clear and convincing evidence that the action was taken for a permissible purpose and that it would have been taken in the absence of the protected activity.
| null |
[]
|
[]
|
[]
|
[]
|
An Act updating overtime protections to protect the Commonwealth's middle class workers
|
H1869
|
HD3133
| 193
|
{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:03:50.867'}
|
[{'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-01-19T15:03:50.8666667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-05-22T15:52:20.78'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1869/DocumentHistoryActions
|
Bill
|
By Representative Donahue of Worcester, a petition (accompanied by bill, House, No. 1869) of Daniel M. Donahue relative to updating overtime protections for middle class workers. Labor and Workforce Development.
|
SECTION 1. The second paragraph of section 1A of chapter 151 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out clauses (1), (7), (9), (12), (13), (14), (15), (16) and (17), and renumbering the remaining clauses in consecutive order.
SECTION 2. Section 1A of chapter 151 of the General Laws, as so appearing, is hereby amended by striking out, in line 29, the words “eighty dollars per week” and by inserting in place thereof the following words:-
the salary threshold established by section 1C of this chapter; provided, however, that an employee who teaches as an adjunct or non-tenure-track faculty member at a college or university shall not qualify as an exempt executive, administrative or professional person or qualified trainee for such position.
SECTION 3. Chapter 151 of the General Laws is hereby amended by inserting after section 1B the following section:-
Section 1C. Overtime pay salary threshold for executive, administrative or professional exemption.
For purposes of section 1A of this chapter, the salary threshold below which a bona fide executive, or administrative or professional person or qualified trainee for such position shall automatically be subject to the overtime pay requirements of said section shall be regular compensation that, when converted to an annual, full-time equivalent rate, equals the overtime threshold rate established by the second paragraph of this section, any higher rate that the commissioner shall establish by regulation, or the annualized rate established by the United States Department of Labor under the federal Fair Labor Standards Act, whichever is higher.
Beginning January 1, 2024, the overtime threshold rate shall be no less than $63,000; beginning January 1, 2025, the overtime threshold rate shall be no less than $73,000; beginning January 1, 2026, the overtime threshold rate shall be no less than $83,000; Beginning January 1, 2027 and each January 1 thereafter, the overtime threshold rate shall be no less than the higher of the following rates: the annual earnings of a full-time employee employed for 2080 hours per year at 2 times the minimum wage established under section 1 of this chapter, or the overtime threshold rate from the preceding year increased by the percentage annual increase, if any, in the second quartile of the usual weekly earnings for full-time wage and salary workers, or its successor index, as published by the United States Department of Labor, Bureau of Labor Statistics, or its successor agency, with the amount of the overtime threshold rate increase rounded to the nearest dollar.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to protect safety net access for Massachusetts residents
|
H187
|
HD2694
| 193
|
{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-19T15:20:21.373'}
|
[{'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-01-19T15:20:21.3733333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-19T15:42:30.2466667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-25T10:51:25.7633333'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-15T11:46:06.58'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-28T16:20:14.5966667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:56:43.7033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-02T14:20:51.6866667'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-20T10:18:10.3866667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T11:08:49.36'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-05-16T17:05:00.09'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-31T20:01:22.0066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-18T21:32:02.8833333'}]
|
{'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-01-19T15:20:21.373'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H187/DocumentHistoryActions
|
Bill
|
By Representatives Keefe of Worcester and Duffy of Holyoke, a petition (accompanied by bill, House, No. 187) of Mary S. Keefe, Patricia A. Duffy and others relative to community service areas of the Department of Transitional Assistance. Children, Families and Persons with Disabilities.
|
Section 5 of chapter 18 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the fourth paragraph the following paragraph: -
Upon being notified by the Division of Capital Asset Management and Maintenance (DCAMM) that a lease is set to expire, and by which the Department decides not to renew a lease or close the community service office, at least 120 days before taking steps to not renew a lease for or close a community service office and at least 120 days before soliciting any proposals for a lease for a community service office, the commissioner shall notify the local legislators of that region and the regional legal services of the proposed action, the community service office that would be affected, and the reasons for the proposed action. At the request of the legislature or legal services, the department shall provide testimony and data regarding its plans, including but not limited to a comparison of the current and proposed community service office locations for low-income households in the service area with respect to (a) transportation options, including the cost and frequency of public transit and travel time to and from the current and proposed location; (b) office hours; (c) access for seniors, persons with disabilities, persons who are needed to care for children or other family members; persons who are employed; (d) the availability of staff who speak the languages spoken by persons with limited English proficiency in the service area; (e) in areas where there are advisory boards the minutes showing that the board has been appraised of the intention to close or relocate; (f) surveys from its current recipients of how the proposed closure or relocation would affect them. The surveys shall be done in the recipients’ primary or preferred language in order to maximize participation and ensure equity; (g) a report of the community services, and community economic and social relations near the current and proposed community service office; (h) demographic and poverty rate data of the residents of both the current and proposed community service office location; and (i) other matters as requested by the said requester.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to non-disclosure agreements relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment
|
H1870
|
HD2482
| 193
|
{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T13:35:44.03'}
|
[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T13:35:44.03'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1870/DocumentHistoryActions
|
Bill
|
By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1870) of Michelle M. DuBois relative to non-disclosure agreements relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition is hereby amended by adding the following section:-
Section 204. (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:-
“Retaliatory action”, the discharge, suspension, or demotion of an employee, or other adverse employment action taken against an employee in the terms and conditions of employment.
(b) Any provision in a settlement agreement between an employer and an employee, including but not limited to a non-disclosure agreement, that waives a substantive or procedural right or remedy of the employee relating to a claim of discrimination, non-payment of wages or benefits, retaliation, harassment or violation of public policy in employment, including but not limited to prohibiting the disclosure of information relative to any such claim shall be valid and enforceable for only 3 years from the date the agreement takes effect.
(c) This section shall not render void or unenforceable the remainder of the contract or agreement. This section shall not apply to the terms of any collective bargaining agreement between an employer and the bona fide collective bargaining representative of that employer’s employees.
(d) An employer shall not take any retaliatory action against an employee because the employee does not enter into an agreement that includes a provision deemed void or unenforceable pursuant to this section.
(g) Whoever violates this section or enforces or attempts to enforce a provision deemed void and unenforceable under this section shall be liable for reasonable attorney’s fees and costs associated with litigation.
(h) A person aggrieved by a violation of this section may, within 3 years after such violation, institute a civil action in superior court. All remedies available in common law tort actions shall be available to prevailing plaintiffs. The court may also order the payment of reasonable costs and attorney’s fees. The rights and remedies contained in this section shall not be exclusive and shall not preempt other procedures or remedies available.
SECTION 2. This act shall apply to all settlement agreements, including but not limited to non-disclosure agreements, entered into, renewed, modified, or amended on or after the effective date of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to workplace safety and disclosure of violations
|
H1871
|
HD2593
| 193
|
{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T13:55:37.857'}
|
[{'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-01-19T13:55:37.8566667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1871/DocumentHistoryActions
|
Bill
|
By Representative DuBois of Brockton, a petition (accompanied by bill, House, No. 1871) of Michelle M. DuBois relative to workplace safety. Labor and Workforce Development.
|
SECTION 1. Chapter 30B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 4 the following section:-
Section 4A. (a) For procurement contracts for supplies and services, including construction, that are estimated to cost more than $50,000, each awarding authority shall ensure that solicitations or invitations for bids require that the offeror represent, to the best of the offeror's knowledge and belief, whether there has been any Occupational Safety and Health Administration citation, notice, decision, or civil judgment rendered against the company, as a sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or director within the preceding 4-year period for a violation of the federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected.
(b) An awarding authority, prior to making an award, shall, as part of responsibility determination, provide an offeror with an opportunity to disclose any steps taken to correct any violations of or improve compliance with said federal Occupational Safety and Health Act of 1970, including any settlement agreement and documentation verifying if hazards identified have been corrected.
(c) An awarding authority shall consider the information provided pursuant to subsections (a) and (b) in determining whether an offeror is a responsible source.
(d) For any subcontract where the estimated value of the supplies and services required exceeds $50,000, an awarding authority shall require that, at the time of execution of the contract, a contractor represents to the contracting agency that the contractor will require each subcontractor to disclose to the awarding authority a citation, notice, decision or civil judgment, rendered against the subcontractor within the preceding 4-year period for a violation of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified, have been corrected, and to provide to the awarding authority updated information every 6 months.
(e) As appropriate, an awarding authority shall refer matters related to information provided pursuant to subsections (a), (b), and (d) of this section to the appropriate agency.
(f) During the performance of the contract, each awarding authority shall require that every 6 months contractors subject to this section update the information provided pursuant to subsection (a).
(g) If information regarding a citation, notice, decision, or civil judgment, rendered against the offeror within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678, including any settlement agreements and documentation verifying if hazards identified have corrected, or similar information is obtained through other sources, an awarding authority may request a copy of a citation and evidence of abatement of a hazard, and refer the offeror to appropriate agencies if a hazard has not been abated.
(h) An awarding authority shall require that if information regarding a citation, notice, decision or civil judgment, rendered against a contractor’s subcontractor within the preceding 4-year period for any violations of said federal Occupational Safety and Health Act of 1970, said 29 U.S.C sections 651 to 678 is brought to the attention of the contractor or similar information is obtained through other sources, then the contractor shall inform the awarding authority and the awarding authority may request a copy of a citation and evidence of abatement of a hazard, and refer the subcontractor to appropriate agencies if a hazard has not been abated.
(i) As appropriate, awarding authorities shall send information provided pursuant to subsection (a) and subsection (d) of this section to the appropriate agency.
(j) Nothing in this section shall preclude the exercise or enforcement of any lawful rights or remedies.
SECTION 2. Section 2 of chapter 82A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the fourth sentence on line 13 the following sentence:- A person making application for a trench excavation permit shall disclose in writing: (a) Any citation, notice, decision or civil judgment rendered against the company, as a sole proprietorship, limited partnership, and/or limited liability partnership/corporation and/or any affiliated business or subsidiary of which the applicant is owner, manager, officer, and/or director within the preceding 4-year period for a violation of the federal Occupational Safety and Health Act of 1970, 29 U.S.C sections 651 to 678, including any settlement agreement and documentation verifying if hazards identified have been corrected; and
(b) (i) any prior suspension or revocation of a trench excavation permit held by the applicant; (ii) any assessment of fines in relation to a trench excavation permit held by applicant; (iii) any prior immediate shutdown of a trench site by state or local authorities in relation to a trench excavation permit held by applicant; and (iv) the date of each incident.
| null |
[]
|
[]
|
[]
|
[]
|
An Act requiring one fair wage
|
H1872
|
HD2112
| 193
|
{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T15:49:08.727'}
|
[{'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-01-17T15:49:08.7266667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T10:33:39.6933333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T16:31:48.4233333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:26:21.9433333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:37:39.5466667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T14:48:55.9733333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-01-30T17:56:45.0366667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-01-31T11:03:48.4266667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:33:08.4033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T15:13:17.22'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-05T13:13:16.41'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-02T13:19:38.3333333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-04-13T12:46:54.9466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:26:58.3433333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T17:30:42.0133333'}]
|
{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-17T15:49:08.727'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1872/DocumentHistoryActions
|
Bill
|
By Representatives Farley-Bouvier of Pittsfield and Montaño of Boston, a petition (accompanied by bill, House, No. 1872) of Tricia Farley-Bouvier, Samantha Montaño and others relative to determining the wage employers are required to pay tipped employees. Labor and Workforce Development.
|
SECTION 1. Section 7 of said chapter 151, as appearing in the 2016 Official Edition, is hereby amended by striking the third paragraph, as amended by Chapter 121 of the Acts of 2018, and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $6.75; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 2. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $7.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 3. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $9.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 4. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $10.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 5. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $12.45; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 6. Said section 7 of said chapter 151, as so appearing, is hereby amended by 128 striking the third paragraph and inserting in place thereof the following paragraph:-
In determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to: (1) the cash wage paid such employee which for purposes of such determination shall be not less than $13.95; and (2) an additional amount on account of the tips received by such employee which amount is equal to the difference between the wage specified in clause (1) and the wage in effect under section 1. The additional amount on account of tips may not exceed the value of the tips actually received by an employee. This paragraph shall not apply with respect to any tipped employee unless such employee has been informed by the employer of the provisions of this paragraph, and all tips received by such employee have been retained by the employee, except that this paragraph shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.
SECTION 7. Said section 7 of said chapter 151, as so appearing, is hereby amended by striking the third paragraph and inserting in place thereof the following paragraph:-
Beginning on January 1, 2027, and no later than January 1 of each successive year, in determining the wage an employer is required to pay a tipped employee, the amount paid to such employee by the employer shall be an amount equal to not less than the wage in effect under section 1.
SECTION 8. Section 152A of Chapter 149, as appearing in the 2016 Official Edition, is hereby amended by adding after the word “bartender” in line 50, the following:-
“;provided, however that if an employer is paying all employees a wage that is not less than the full minimum wage the employer may require that wait staff employees, service employees or service bartenders to participate in a tip pool through which such employee remits any wage, tip or service charge, or any portion thereof, for distribution to employees that are not wait staff employees, service employees or service bartenders.”
SECTION 9. Chapter 121 of the Acts of 2018 is hereby amended by striking sections 24-26.
SECTION 10. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 33, the figure:- 24.
SECTION 11. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 35, the figure:- 25.
SECTION 12. Chapter 121 of the Acts of 2018 is hereby further amended by striking, in section 36, the figure:- 26.
SECTION 13. Section 1, and 8-11 shall take effect on January 1, 2025.
SECTION 14. Section 2 shall take effect on January 1, 2026.
SECTION 15. Section 3 shall take effect on January 1, 2027.
SECTION 16. Section 4 shall take effect on January 1, 2028.
SECTION 17. Section 5 shall take effect on January 1, 2029.
SECTION 18. Section 6 shall take effect on January 1, 2030.
SECTION 19. Section 7 shall take effect on January 1, 2031.
| null |
[]
|
[]
|
[]
|
[]
|
An Act preventing a dystopian work environment
|
H1873
|
HD3051
| 193
|
{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T00:21:34.603'}
|
[{'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-01-19T00:21:34.6033333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1873/DocumentHistoryActions
|
Bill
|
By Representative Fernandes of Falmouth, a petition (accompanied by bill, House, No. 1873) of Dylan A. Fernandes relative to preventing dystopian work environments. Labor and Workforce Development.
|
SECTION 1. Chapter 149A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following chapter:
Chapter 149B
Section 1. Definitions
(a) As used in this chapter, the following words shall, unless a different meaning is required by the context or is specifically prescribed, have the following meanings:
“Authorized representative” , any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative shall not include a worker’s employer.
“Automated Decision System (ADS)” or “algorithm” , a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques, that makes or assists an employment-related decision.
“Automated Decision System (ADS) output” , any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an ADS.
“Data,” or “worker data” , any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular worker, regardless of how the information is collected, inferred, or obtained. Data includes, but is not limited to, the following:
(i) Personal identity information, including the individual’s name, contact information, government-issued identification number, financial information, criminal background, or employment history.
(ii) Biometric information, including the individual’s physiological, biological, or behavioral characteristics, including the individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with other data, to establish individual identity.
(iii) Health, medical, lifestyle, and wellness information, including the individual’s medical history, physical or mental condition, diet or physical activity patterns, heart rate, medical treatment or diagnosis by a healthcare professional, health insurance policy number, subscriber identification number, or other unique identifier used to identify the individual.
(iv) Any data related to workplace activities, including the following:
(1) Human resources information, including the contents of an individual’s personnel file or performance evaluations.
(2) Work process information, such as productivity and efficiency data.
(3) Data that captures workplace communications and interactions, including emails, texts, internal message boards, and customer interaction and ratings.
(4) Device usage and data, including calls placed or geolocation information.
(5) Audio-video data and other information collected from sensors, including movement tracking, thermal sensors, voiceprints, or faction, emotion, and gait recognition.
(6) Inputs of or outputs generated by an ADS that are linked to the individual.
(7) Data that is collected or generated on workers to mitigate the spread of infectious diseases, including COVID-19, or to comply with public health measures.
(v) Online information, including an individual’s Internet Protocol (IP) address, private social media activity, or other digital sources or unique identifiers associated with a worker.
“Department” , the department of labor & workforce development.
“Electronic monitoring” , the collection of information concerning worker activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photoelectronic, or photo-optical system.
“Employer” , any person who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker, including any of the employer’s labor contractors.
“Employment-related decision” , any decision made by the employer that affects wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job content, assignment of work, access to work opportunities, productivity requirements, workplace health and safety, and other terms or conditions of employment. For independent contractors or job applicants, this means the equivalent of these decisions based on their contract with or relationship to the employer.
“Essential job functions” , the fundamental duties of a position, as revealed by objective evidence, including the amount of time workers spend performing each function, the consequences of not requiring individuals to perform the function, the terms of any applicable collective bargaining agreement, workers’ past and present work experiences and performance in the position in question, and the employer’s reasonable, nondiscriminatory judgment as to which functions are essential. Past and current written job descriptions and the employer’s reasonable, nondiscriminatory judgment as to which functions are essential may be evidence as to which functions are essential for achieving the purposes of the job, but may not be the sole basis for this determination absent the objective evidence described in this section.
“Impact assessment” , the ongoing study and evaluation of a data collection system or an automated decision system and its impact on workers.
“Productivity system” , a management system that monitors, evaluates, or sets the amount and quality of work done in a set time period by workers.
“Secretary” , the secretary of the executive office of labor and workforce development
“Third party” , a person who is not one of the following:
(i) The employer.
(ii) A vendor or service provider to the employer.
(iii) A labor or employee organization within the meaning of state or federal law.
“Worker” , any natural person or their authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a business in any workplace. This term includes state workers, with the limitations established in section 6.
“State worker”, any natural person or their authorized representative acting as a job applicant to, an employee of, or an independent contractor providing service to, or through, a state or local governmental entity in any workplace.
“Worker Information System (WIS)” , a process, automated or not, that involves worker data, including the collection, recording, organization, structuring, storage, alteration, retrieval, consultation, use, sharing, disclosure, dissemination, combination, restriction, erasure, or destruction of worker data. A WIS does not include an ADS.
“Workplace” , a location within Massachusetts at which or from which a worker performs work for an employer.
“Vendor” , an entity engaged by an employer or an employer’s labor contractors, to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information.
Section 2. Notice of data collection
(a) An employer that controls the collection of worker data shall, at or before the point of collection, inform the workers as to all of the following:
(i) The specific categories of worker data to be collected, the specific purpose for which the specific categories of worker data are collected or used, and whether and how the data is related to the worker’s essential job functions.
(ii) Whether and how the data will be used to make or assist an employment-related decision, including any associated benchmarks.
(iii) Whether the data will be deidentified.
(iv) Whether the data will be used at the individual level, in aggregate form, or both.
(v) Whether the information is being disclosed or otherwise transferred to a vendor or other third party, the name of the vendor or third party, and for what purpose.
(vi) The length of time the employer intends to retain each category of worker data.
(vii) The worker’s right to access and correct their worker data.
(viii) Any data protection impact assessments, and the identity of any worker information systems, that are the subject of an active investigation by the department.
(b) Notice may be given after the point of collection only if at least one of the following conditions is met:
(i) Collection is necessary to preserve the integrity of an investigation of wrongdoing.
(ii) Earlier notice would violate the requirements of federal, state, or local laws or regulations.
(iii) Earlier notice would violate a court order.
(c) If an employer discloses worker data to a vendor, third party, or state or local government, the employer must provide affected workers with notice that includes the information specified in subsection (a).
(d) An employer shall provide a copy of the above notice to the department.
Section 2A. Right of employee to request information
(a) An employer, or a vendor acting on behalf of an employer, that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data shall provide the following information to the worker, in an accessible manner, upon receipt of a verifiable request:
(i) The specific categories and specific pieces of worker data that the employers, or a vendor acting on behalf of any employer, retains about that work.
(ii) The sources from which the data is collected.
(iii) The purpose for collecting, storing, analyzing, or interpreting the worker data.
(iv) Whether and how the data is related to the worker’s essential job functions, including whether and how the data is used to make or assist an employment-related decision.
(v) Whether the data is being used as an input in an ADS, and if so, what ADS output is generated based on the data.
(vi) Whether the data was generated as an output of an ADS.
(vii) The names of any vendors or third parties, from whom the worker data was obtained, or to whom an employer or vendor acting on behalf of an employer has disclosed the data, and the specific categories of data that was obtained or disclosed.
(b) When complying with a worker’s request for data access, the employer shall not disclose personal identity information of any individual other than the worker who submitted the request.
(c) Information provided by an employer or a vendor acting on behalf of an employer to a worker pursuant to subsection (a) shall be provided as follows:
(i) At no cost to the worker.
(ii) In an accessible format that allows the worker to transport it to another entity without hindrance.
(iii) In a timely manner upon receipt of the verifiable request.
(d) For purposes of this section, a “verifiable request” is a request made by a worker that the business can reasonably verify.
Section 2B. Data accuracy
(a) An employer shall ensure that worker data is accurate and, where relevant, kept up to date.
(b) A worker shall have the right to request an employer to correct any inaccurate worker data about the worker that the employer maintains.
(c) An employer that receives a verifiable request to correct inaccurate worker data shall respond to the worker’s request as follows:
(i) An employer shall investigate and determine whether the disputed worker data is inaccurate.
(1) If an employer determines that the disputed worker data is inaccurate, the employer shall do all of the following:
a) Promptly correct the disputed worker data and inform the worker of the employer’s decision and action.
b) Review and adjust as appropriate any employment-related decisions or ADS outputs that were partially or solely based on the inaccurate data, and inform the worker of the adjustment.
c) Inform any third parties with which the employer shared the inaccurate worker data, or from which the employer received the inaccurate worker data, and direct them to correct it.
(2) If an employer, upon investigation, determines that the disputed worker data is accurate, the employer shall inform the worker of the following:
a) The decision not to amend the disputed worker data.
b) The steps taken to verify the accuracy of the worker data and the evidence supporting the decision not to amend the disputed worker data.
(ii) An employer is not obligated to change the disputed worker data when the disputed worker data consists of subjective information, opinions, or other non verifiable facts, if the employer does all of the following:
(1) Documents that the disputed worker data consists of subjective information and notes the source of the subjective information.
(2) Informs the worker of its decision to deny the request to change the disputed worker data.
(iii) An employer shall not process, use, or make any employment-related decision based on disputed worker data while the employer is in the process of determining its accuracy.
Section 2C. Management of Worker Data
(a) An employer or vendor acting on behalf of an employer shall not collect, store, analyze, or interpret worker data unless the data is strictly necessary to accomplish any of the following purposes:
(i) Allowing a worker to accomplish an essential job function.
(ii) Monitoring production processes or quality.
(iii) Assessment of worker performance.
(iv) Ensuring compliance with employment, labor, or other relevant laws.
(v) Protecting the health, safety, or security of workers.
(vi) Additional purposes to enable business operations as determined by the department.
(b) An employer or a vendor acting on behalf of an employer shall not collect, store, analyze or interpret worker data unless such collection, storage, analysis, or interpretation is:
(i) necessary to accomplish a purpose mentioned in (a);
(ii) the least invasive means that could reasonably be used to accomplish such purpose; and
(iii) limited to the smallest number of workers.
(c) An employer or vendor acting on behalf of an employer shall collect, store, analyze and interpret the least amount of worker necessary to accomplish the purpose mentioned in (a).
(d) An employer or a vendor acting on behalf of an employer shall not use worker data for purposes other than those specified in the provided notice.
(e) An employer or a vendor acting on behalf of an employer shall not sell or license worker data, including deidentified or aggregated data, to a vendor or third party, including another employer.
(f) An employer or vendor acting on behalf of an employer shall not disclose or transfer worker data to a vendor or third party unless the following conditions are met:
(i) Vendor or third-party access to the worker data is pursuant to a contract with the employer and the contract prohibits the sale or licensing of the data.
(ii) The vendor or third party implements reasonable security procedures and practices appropriate to the nature of the worker data to protect the data from unauthorized or illegal access, destruction, use, modification, or disclosure.
(g) An employer or vendor acting on behalf of an employer shall not transfer or otherwise disclose biometric, health, or wellness data to any third party unless required under state or federal law.
(h) An employer or vendor acting on behalf of an employer shall not share worker data with the state or local government unless allowed under this part or otherwise necessary to do the following:
(i) Provide information to the department as required by this part.
(ii) Comply with the requirements of federal, state, or local law or regulation.
(iii) Comply with a court-issued subpoena, warrant, or order.
(i) An employer or vendor acting on behalf of an employer that is in possession of biometric, health, or wellness data shall permanently destroy that data when the initial purpose for collecting the data has been satisfied or at the end of the worker’s relationship with the employer, unless there is a reasonable interest for the worker to access the data after the relationship has ended.
(j) An employer or vendor acting on behalf of an employer shall not use biometric, health or wellness data, including a worker’s decision not to participate in a wellness program, as a basis for any employment-related decision.
(k) An employer or vendor acting on behalf of an employer shall not use worker data as a basis for any employment-related decision if the collection of such data prevents compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws, as appearing in the General Laws. An employer shall not take adverse employment action against an employee, including changes to a worker’s wages, based upon an employee’s use of meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws, as appearing in General Laws.
Section 2D. Data security
(a) An employer that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data shall undertake its best efforts to implement, maintain, and keep up-to-date security protections that are appropriate to the nature of the data, and to protect the data from unauthorized access, destruction, use, modification, or disclosure. The security program shall include administrative, technical, and physical safeguards.
(b) An employer that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data in any form and that becomes aware of a breach of the security of worker data shall promptly provide written notice to each affected worker. The employer shall provide a description of the specific categories of data that were, or are reasonably believed to have been, accessed or acquired by an unauthorized person, and what steps it will take to address the impact of the data breach on affected workers. The notification shall be made in the most expedient time possible. The employer shall promptly notify the department in writing of such a breach.
Section 2E. Vendor requirements
(a) A vendor that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data on behalf of an employer shall comply with the requirements of this chapter, and employers are jointly and severally liable if the vendor fails to do so.
(b) A vendor that collects, stores, analyzes, interprets, disseminates, or otherwise uses worker data on behalf of the employer must provide all necessary information to the employer to enable the employer to comply with the requirements of this chapter.
(c) A vendor that collects, stores, analyzes, or interprets worker data on behalf of the employer shall do all of the following upon termination of the contract with the employer:
(i) Return all of the worker data to the employer.
(ii) Delete all of the worker data.
Section 3. Electronic monitoring notice
(a) An employer or vendor acting on behalf of an employer that is planning to electronically monitor a worker shall provide a worker with notice that electronic monitoring will occur prior to conducting each specific form of electronic monitoring. Notice shall include, at a minimum, the following elements:
(i) A description of the allowable purpose that the specific form of electronic monitoring is intended to accomplish, as specified in section 2C.
(ii) A description of the specific activities, locations, communications, and job roles that will be electronically monitored.
(iii) A description of the technologies used to conduct the specific form of electronic monitoring and the worker data that will be collected as a part of the electronic monitoring.
(iv) Whether the data gathered through electronic monitoring will be used to make or inform an employment-related decision, and if so, the nature of that decision, including any associated benchmarks.
(v) Whether the data gathered through electronic monitoring will be used to assess workers’ productivity performance or to set productivity standards, and if so, how.
(vi) The names of any vendors conducting electronic monitoring on the employer’s behalf and any associated contract language related to that monitoring.
(vii) A description of a vendor or third party to whom information collected through electronic monitoring will be disclosed or transferred. The description will include the name of the vendor and the purpose for the data transfer.
(viii) A description of the organizational positions that are authorized to access the data gathered through the specific form of electronic monitoring and under what conditions.
(ix) A description of the dates, times, and frequency that electronic monitoring will occur.
(x) A description of where the data will be stored and the length it will be retained.
(xi) An explanation of why the specific form of electronic monitoring is strictly necessary to accomplish an allowable purpose described in subsection (a) of section 3C.
(xii) An explanation for how the specific monitoring practice is the least invasive means available to accomplish the allowable monitoring purpose as outlined in subsection (a) of section 3C.
(xiii) Notice of the workers’ right to access or correct the data.
(xiv) Notice of the workers’ right to recourse under section 6.
(b) Notice of the specific form of electronic monitoring shall be clear and conspicuous and provide the worker with actual notice of electronic monitoring activities. A notice that states electronic monitoring “may” take place or that the employer “reserves the right” to monitor shall not be considered clear and conspicuous.
(c) (1) An employer who engages in random or periodic electronic monitoring of workers shall inform the affected workers of the specific events which are being monitored at the time the monitoring takes place. Notice shall be clear and conspicuous. (2) Notice of random or periodic electronic monitoring may be given after electronic monitoring has occurred only if necessary to preserve the integrity of an investigation of illegal activity or protect the immediate safety of workers, customers, or the public.
(d) Employers shall provide a copy of the disclosure required by this section to the department.
Section 3A. Notice of change
An employer shall provide additional notice to workers when a significant update or change is made to the electronic monitoring or in how the employer is using it.
Section 3B. Notice of systems in use
(a) An employer shall maintain an updated list of electronic monitoring systems currently in use.
(b) (i) An employer shall annually, by January 1 of each year, provide notice to workers of all electronic monitoring systems currently in use. The notice shall include the information specified in subsection (a) of section 3.
(ii) An employer shall provide a copy of the notice provided pursuant to paragraph (1) to the department no later than January 31 of that year.
Section 3C. Restrictions on implementation of electronic monitoring
(a) An employer or vendor acting on behalf of an employer shall not electronically monitor a worker unless all of the following conditions are met:
(i) The electronic monitoring is primarily intended to accomplish any of the following allowable purposes:
(1) Allowing a worker to accomplish an essential job function.
(2) Monitoring production processes or quality.
(3) Assessment of worker performance.
(4) Ensuring compliance with employment, labor, or other relevant laws.
(5) Protecting the health, safety, or security of workers.
(6) Administering wages and benefits.
(7) Additional electronic monitoring purposes to enable business operations as determined by the department.
(ii) The specific form of electronic monitoring is strictly necessary to accomplish the allowable purpose and is the least invasive means to the worker that could reasonably be used to accomplish the allowable purpose.
(iii) The specific form of electronic monitoring is limited to the smallest number of workers and collects the least amount of data necessary to accomplish the allowable purpose.
(iv) The information collected via electronic monitoring will be accessed only by authorized agents and used only for the purpose and duration for which authorization was given as specified in the notice required by section 3.
(b) Notwithstanding the allowable purposes for electronic monitoring described in paragraph (i) of subsection (a), the following practices are prohibited:
(i) The use of electronic monitoring that results in a violation of labor and employment laws.
(ii) The use of electronic monitoring that prevents compliance with meal or rest periods, use of bathroom facilities, including reasonable travel time to and from bathroom facilities, or occupational health and safety laws, as appearing in the General Laws.
(iii) The monitoring of workers who are off-duty and not performing work-related tasks.
(iv) The monitoring of workers in order to identify workers exercising their legal rights, including, but not limited to, rights guaranteed by employment and labor law.
(v) Audio-visual monitoring of bathrooms or other similarly private areas, including locker rooms, changing areas, breakrooms, smoking areas, employee cafeterias, and lounges, including data collection on the frequency of use of those private areas.
(vi) Audio-visual monitoring of a workplace in a worker’s residence, a worker’s personal vehicle, or property owned or leased by a worker, unless that audio-visual monitoring is strictly necessary.
(vii) Electronic monitoring systems that incorporate facial recognition, gait, or emotion recognition technology.
(viii) Additional specific forms of electronic monitoring as determined by the department.
(c) Before an employer uses an electronic productivity system, the employer shall submit a summary of the system to the department, including information on the specific form of monitoring, the number of workers impacted, the data that will be collected, and how that data will be used in making employment-related decisions. Electronic productivity systems must also be reviewed by the department of labor standards before implementation to ensure electronic productivity systems do not result in physical or mental harm to workers.
(d) An employer or a vendor acting on behalf of an employer shall not require workers to either install applications on personal devices that collect or transmit worker data or to wear, embed, or physically implant those devices, including those that are installed subcutaneously or incorporated into items of clothing or personal accessories, unless the electronic monitoring is strictly necessary to accomplish essential job functions and is narrowly limited to only the activities and times necessary to accomplish essential job functions. Location-tracking applications and devices shall be disabled outside the activities and times necessary to accomplish essential job functions.
Section 3D. Employer use of electronic monitoring data
(a) An employer or vendor acting on behalf of an employer shall use worker data collected through electronic monitoring only to accomplish its specified allowable purpose.
(b) An employer or vendor acting on behalf of an employer shall not solely rely on worker data collected through electronic monitoring when making hiring, promotion, termination, or disciplinary decisions.
(i) An employer shall conduct its own assessment before making hiring, promotion, termination, or disciplinary decisions independent of worker data gathered through electronic monitoring. This includes corroborating the electronic monitoring worker data by other means, including a supervisor’s documentation or managerial documentation.
(ii) If an employer cannot independently corroborate the worker data gathered through electronic monitoring, the employer shall not rely upon that data in making hiring, promotion, termination, or disciplinary decisions.
(iii) The information and judgements involved in an employer’s corroboration or use of electronic monitoring data shall be documented and communicated to affected workers prior to the hiring, promotion, termination, or disciplinary decision going into effect.
(iv) Data that provides evidence of criminal activity, when independently corroborated by the employer, is exempt from subsection (b).
(c) An employer or vendor acting on behalf of an employer shall not solely rely on worker data collected through electronic monitoring when determining a worker’s wages.
Section 4. Automated decision systems
(a) An employer or a vendor acting on behalf of any employer shall provide sufficient notice to workers prior to adopting an ADS. An employer with an existing ADS at the time this part takes effect shall provide notice pursuant to this section within 30 day after this part takes effect.
(b) Notice required by subsection (a) shall be considered sufficient if it meets at least the following requirements:
(i) The notice is provided within a reasonable time prior to the use of the ADS.
(ii) The notice is provided to all workers affected by the ADS in the manner in which routine communications are provided to workers.
(iii) The notice contains the following information:
(1) The nature, purpose, and scope of the decisions for which the ADS will be used, including the range of employment-related decisions potentially affected and how, including any associated benchmarks.
(2) The type of ADS outputs.
(3) The specific category and sources of worker data that the ADS will use.
(4) The individual, vendor, or entity that created the ADS.
(5) The individual, vendor, or entity that will run, manage, and interpret the results of the ADS.
(6) The right to recourse pursuant to section 6 of this chapter.
(c) An employer or vendor acting on behalf of an employer shall provide a copy of the notice to the department within 10 days of distribution to workers.
Section 4A. Notice of change of automated decision systems
An employer or vendor acting on behalf of an employer shall provide additional notice to workers when any significant updates or changes are made to the ADS or in how the employer is using the ADS.
Section 4B. Tracking automated decision systems in use
(a) An employer or vendor acting on behalf of an employer shall maintain an updated list of all ADS currently in use.
(b) An employer shall annually, on or before January 1 of each year, provide notice to workers of all ADS currently in use. The notice shall include the information required by paragraph (iii) of subsection (b) of section 4.
(c) The notice shall be submitted to the department on or before January 31 of each year.
Section 4C. Use of automated decision systems for employment decisions; productivity systems
(a) An employer or vendor acting on behalf of an employer shall not use an ADS to make employment-related decisions in any of the following ways:
(i) Use of an ADS that results in a violation of labor or employment law.
(ii) Use of an ADS to make predictions about a worker’s behavior that are unrelated to the worker’s essential job functions.
(iii) Use of an ADS to identify, profile, or predict the likelihood of workers exercising their legal rights.
(iv) Use of an ADS that draws on facial recognition, gait, or emotion recognition technologies, or that makes predictions about a worker’s emotions, personality, or other types of sentiments.
(v) Use of customer ratings as input data for an ADS.
(vi) Any additional use of an ADS that poses harm to workers prohibited by the department pursuant to section 6(b).
(b) Before an employer or a vendor acting on behalf of an employer uses a productivity system that uses algorithms, the employer shall submit a summary of the system to the department. The summary shall include all of the following information:
(i) The role and nature of the algorithm’s use.
(ii) The number of workers impacted by the system.
(iii) The nature of the algorithmic output.
(iv) How the algorithmic output will be used in making employment-related decisions.
(c) Productivity systems that use algorithms shall also be reviewed by the department of labor standards’ occupational safety and health statistics program before implementation to ensure that electronic productivity systems do not result in physical or mental harm to workers.
(d) This section shall not be construed to conflict with the powers of the executive office of labor and workforce development.
Section 4D. Restrictions on employer or vendor use of automated decision systems
(a) An employer or vendor acting on behalf of an employer shall not use ADS outputs regarding a worker’s health as a basis for any employment-related decision.
(b) An employer or vendor acting on behalf of an employer shall not solely rely on output from an ADS when determining employee wages.
(c) An employer or vendor acting on behalf of an employer shall not solely rely on output from an ADS to make a hiring, promotion, termination, or disciplinary decision.
(i) An employer shall conduct its own evaluation of the worker before making a hiring, promotion, termination, or disciplinary decision, independent of the output used from the ADS. This includes establishing meaningful human oversight by a designated internal reviewer to corroborate the ADS output by other means, including supervisory or managerial documentation, personnel files, or the consultation of coworkers.
(ii) Meaningful human oversight requires that the designated internal reviewer meet the following conditions:
(1) The designated internal reviewer is granted sufficient authority, discretion, resources, and time to corroborate the ADS output.
(2) The designated internal reviewer has sufficient expertise in the operation of similar systems and a sufficient understanding of the ADS in question to interpret its outputs as well as results of relevant algorithmic impact assessments.
(3) The designated internal review has education, training, or experience sufficient to allow the reviewer to make a well-informed decision.
(iii) When an employer cannot corroborate the ADS output produced by the ADS, the employer shall not rely on the system to make the hiring, promotion, termination, or disciplinary decision.
(iv) When an employer can corroborate the ADS output and makes the hiring, promotion, termination, or disciplinary decision based on that output, a notice containing the following information shall be given to affected workers:
(1) The specific decision for which the ADS was used.
(2) Any information or judgments used in addition to the ADS output in making the decision.
(3) The specific worker data that the ADS used.
(4) The individual, vendor, or entity who created the ADS.
(5) The individual or entity that executed and interpreted the results of the ADS.
(6) A copy of any completed algorithmic impact assessments regarding the ADS in question.
(7) Notice of the worker’s right to dispute an algorithmic impact assessment regarding the ADS in question pursuant to section 5C.
(8) The right to recourse pursuant to section 6 of this chapter.
(v) When an employer uses corroborated output from an ADS to make a hiring, promotion, termination, or disciplinary decision, notice shall be given to the affected worker prior to the implementation of that decision.
Section 4E. Requirements for vendor use of automated decision systems
(a) A vendor that uses an ADS on behalf of an employer shall comply with the requirements of this chapter. An employer is jointly and severally liable for a vendor’s failure to comply.
(b) A vendor that uses an ADS on behalf of an employer shall provide all necessary information to the employer to enable the employer to comply with the requirements of this chapter.
(c) A vendor that collects or stores worker data in order to use an ADS on behalf of an employer shall do both of the following upon termination of its contract with the employer:
(i) Return all of the worker data, including any relevant ADS outputs, to the employer.
(ii) Delete all worker data.
Section 5. Algorithmic impact assessments
(a) An employer that develops, procures, uses, or otherwise implements an ADS to make or assist an employment-related decision shall complete an Algorithmic Impact Assessment (AIA) prior to using the system, and retroactively for any ADS that is in place at the time this part takes effect, for each separate position for which the ADS will be used to make an employment-related decision. When an employer procures an ADS from a vendor, the employer may submit an AIA conducted by the vendor if it meets all of the requirements set forth in this chapter.
(b) An “Algorithmic Impact Assessment (AIA)” means a study evaluating an ADS that makes or assists an employment-related decision and its development process, including the design and training data of the ADS, for negative impacts on workers. An AIA shall include, at minimum, all of the following:
(i) A detailed description of the ADS and its intended purpose.
(ii) A description of the data used by the ADS, including the specific categories of data that will be processed as input and any data used to train the model that the ADS relies on.
(iii) A description of the outputs produced by the ADS, including the following:
(1) The types of ADS outputs produced by the ADS.
(2) How to interpret the ADS outputs.
(3) The types of employment-related decisions that may be made on the basis of the ADS outputs.
(iv) An assessment of the necessity and proportionality of the ADS in relation to its purpose, including reasons for the superiority of the ADS over non automated decision making methods.
(v) An evaluation of the risk of the ADS, including the following risks:
(1) Errors, including both false positives and false negatives.
(2) Discrimination against protected classes.
(3) Violation of legal rights of affected workers.
(4) Direct or indirect harm to the physical health, mental health, or safety of affected workers.
(5) Chilling effect on workers exercising legal rights, including, but not limited to, rights guaranteed by employment and labor laws.
(6) Privacy harms, including the risks of security breach or inadvertent disclosure.
(7) Negative economic impacts or other negative material impacts on workers, including, but not limited to, impacts related to wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, assignment of work, access to work opportunities, job responsibilities, and productivity requirements.
(8) Infringement on the dignity and autonomy of affected workers.
(vi) The specific measures that will be taken to minimize or eliminate the identified risks.
(vii) A description of the methodology used to evaluate the identified risks and mitigation measures.
(viii) Any additional components necessary to evaluate the negative impacts of an ADS as determined by the department.
Section 5A. Data protection impact assessments
(a) An employer that develops, procures, uses, or otherwise implements a Worker Information System (WIS) shall complete a Data Protection Impact Assessment prior to using the system, or retroactively for a WIS in place prior to the effective date of this part. When an employer procures a WIS from a vendor, the employer may submit an impact assessment conducted by the vendor, if it meets all of the requirements set forth in this section.
(b) A “Data Protection Impact Assessment (DPIA)” means a study evaluating a WIS for negative impacts on workers. A DPIA shall include, at minimum, all of the following:
(i) A systematic description of the nature, scope, context, and purpose of the WIS.
(ii) An assessment of the necessity and proportionality of the WIS in relation to its purpose.
(iii) An evaluation of the potential risks of the WIS, including the following risks:
(1) Violation of the legal rights of affected workers.
(2) Discrimination against protected classes.
(3) Privacy harms, including the risks of invasive or offensive surveillance, security breach, or inadvertent disclosure.
(4) Chilling effect on workers exercising legal rights, including, but not limited to, rights guaranteed by employment and labor laws.
(5) Infringement upon the dignity and autonomy of affected workers.
(6) Negative economic impacts or other negative material impacts on affected workers, including on dimensions including wages, benefits, other compensation, hours, work schedule, performance evaluation, hiring, discipline, promotion, termination, job content, assignment of work, access to work opportunities, and productivity requirements.
(iv) The specific measures that will be taken to minimize or eliminate the identified risks.
(v) A description of the methodology used to evaluate the identified risks and recommended mitigation measures.
(vi) Any additional components necessary to evaluate the negative impacts of a WIS determined by the department.
Section 5B. Proper use of impact assessments
(a) The AIA or DPIA shall be conducted by an independent assessor with relevant experience.
(b) An employer shall initiate an AIA or DPIA at the beginning of the procurement or development process for any ADS or WIS, or retroactively for any ADS or WIS in place at the time this part takes effect. An AIA or DPIA shall be continuously updated throughout the procurement, development, or implementation process and thereafter to reflect any material changes to the ADS or WIS as they become evident.
(c) An employer shall fully comply with all requests from the assessor for information required to conduct the AIA or DPIA.
(d) (i) Throughout the assessment process, the assessor shall consult with workers who are potentially affected by the ADS or WIS. Consultation shall include, but is not limited to, the following stages:
(1) Identification of the specific risks that need to be evaluated.
(2) Development of mitigation measures to minimize the risks associated with the system.
(ii) An assessor shall make the preliminary assessment available to potentially affected workers for anonymous review and comment during a defined open comment period.
(1) An employer shall not retaliate against a worker who participates in the open comment period.
(2) A worker or a designated worker representative may comment or request additional information.
(3) An assessor shall incorporate a record of the feedback received and a description of why the suggestions were either incorporated or rejected.
(4) An assessor shall ensure that potentially affected workers are adequately informed of their ability to review and comment on the AIA or DPIA.
(e) An employer shall submit and update, as needed, the completed AIA or DPIA to the department and potentially affected workers prior to the use of the ADS or WIS.
(i) If health and safety risks are found or implicated, an employer shall also submit its assessment to the Occupational Safety and Health Administration.
(ii) If a risk of discrimination or bias is detected or believed to exist, an employer shall also submit its assessment to the state agency overseeing workplace discrimination.
(f) An employer may use the ADS or WIS once it submits the relevant impact assessments to the department, unless the department directs otherwise, as described in subsection (g).
(g) Upon review of the AIA or DPIA, the department may require any of the following:
(i) Require the employer to submit additional documentation.
(ii) Require the employer to implement mitigation measures in using the ADS or WIS.
(iii) Prohibit the employer from using the ADS or WIS.
(h) Upon submitting the AIA or DPIA to the department, the employer shall develop and publish on its internet website an impact assessment summary that describes the assessment’s methodology, findings, results, and conclusions for each element required by this part, as well as any modification made to it based on the assessment results.
(i) The AIA or DPIA and its summary shall be written in a manner that is precise, transparent, comprehensible, and easily accessible.
(j) The full AIA or DPIA and all relevant materials and sources used for the development of the assessment may be made available to external researchers at the discretion of the department.
Section 5C. Disputed impact assessments
(a) At any point after an employer has submitted an AIA or DPIA to the department, a worker may anonymously dispute the AIA or DPIA and request that the department conduct an investigation of the employer. The following are bases for challenging an AIA or DPIA:
(i) The AIA or DPIA provided insufficient information, was incomplete, or inaccurate.
(ii) The AIA or DPIA assessor was not adequately independent from the employer.
(iii) The AIA or DPIA failed to adequately identify risks or appropriately weigh harms against benefits.
(iv) Mitigation measures identified in the AIA or DPIA were not implemented or, once implemented, failed to reduce residual risks to acceptable levels.
(v) Any other reason the AIA or DPIA was defective or incomplete as identified by the department.
(b) If an employer fails to conduct an impact assessment of an ADS or WIS used in making or assisting an employment-related decision, a worker may anonymously request that the department conduct an investigation of the employer.
(c) Regardless of the use or outcome of the dispute processes available in this section, a worker retains the right to recourse pursuant to section 6.
Section 5D. Requirements for vendor implementation of impact assessments
(a) A vendor that develops, procures, uses, or otherwise implements an ADS or WIS on behalf of an employer shall comply with the requirements of this chapter. An employer shall be jointly and severally liable for a vendor’s failure to comply.
(b) A vendor that develops, procures, uses, or otherwise implements an ADS or WIS on behalf of an employer shall provide all necessary information to the employer to enable the employer to comply with the requirements of this chapter.
(c) A vendor that develops, procures, uses, or otherwise implements an ADS or WIS on behalf of an employer shall provide any additional information, as requested by the independent assessor or department, necessary to conduct an assessment or investigation.
Section 6. Enforcement
(a) (i) A worker may bring a civil action for injunctive relief and recover civil penalties against the employer in an amount equal to the penalties provided in this section. A plaintiff who brings a successful civil action for violation of these provisions is entitled to recover reasonable attorney’s fees and costs.
(ii) An employer or vendor that violates this section shall be subject to an injunction
and liable for civil penalties provided in this chapter, which shall be assessed and recovered in a civil action by the attorney general. In a successful civil action brought by the attorney general to enforce this part, the court may grant injunctive relief in order to obtain compliance with the part and shall award costs and reasonable attorney’s fees.
(iii) An employer shall not retaliate against a worker because the worker exercised, or
notified another worker of their right to exercise, any of the rights under this
section.
(iv) Provisions of a collective bargaining agreement that provide additional worker
protections are not superseded by this part.
(b) The department shall have the authority to enforce and assess penalties under this part and to adopt regulations relating to the procedures for an employee to make a complaint alleging a violation of this section.
(i) On or before January 1, 2025, the department shall adopt regulations to further the purpose of this section, including, but not limited to, regulations on all of the following:
(1) Developing, maintaining, and regularly updating the following:
a) A list of allowable purposes for data collection and electronic monitoring.
b) Definitions of specific categories of worker data required in notices mandated in this part.
c) A list of prohibited forms of electronic monitoring.
d) A list of prohibited ADS.
e) A list of valid reasons for disputing an employer’s AIA or DPIA and requesting investigation by the department.
f) Rules specifying employers’ and workers’ respective obligations to ensure occupational health and safety in home offices, personal vehicles, and other workplaces owned, leased, or regularly used or occupied during non-work hours by a worker. The rules shall specify the manner, means, and frequency with which employers may collect data or electronically monitor those workplaces in order to satisfy the employers’ obligation under applicable occupational health and safety laws.
g) The specific requirements of the notices required by this part.
h) Any additional rules and standards, as needed, to respond to the rapid developments in existing and new technologies introduced in the workplace in order to prevent harm to the health and well-being of workers.
(2) Developing agency procedures to review and evaluate employers’ submissions of AIA, DPIA, and summaries of electronic productivity systems.
(ii) To assist in developing the regulations required by subsection (b), the secretary shall convene an advisory committee to recommend best practices to mitigate harms to workers from the use of data-driven technology in the workplace. The advisory committee shall be composed of stakeholders and other related subject matter experts and shall also include representatives of the department of labor standards, and the occupational safety and health administration. The secretary shall convene the advisory committee no later than March 1, 2024.
(iii) The department shall strategically collaborate with stakeholders to educate workers and employers about their rights and obligations under this part, respectively, in order to increase compliance.
(c) (i) An employer or vendor acting on behalf of an employer who fails to comply with section 2 through 2D of this chapter is subject to the following penalties:
(1) A violation of section 2 shall be subject to a penalty of ten thousand dollars ($10,000) per violation.
(2) A violation of section 2A shall be subject to a penalty of five thousand dollars ($5,000) for each verified request made by a worker.
(3) A violation of section 2B shall be subject to a penalty of five thousand dollars ($5,000) per violation.
(4) A violation of section 2C shall be subject to a penalty of twenty thousand dollars ($20,000) per violation.
(5) A violation of section 2D shall be subject to a penalty of one hundred dollars ($100) per affected worker for each violation of this provision.
(ii) An employer or vendor acting on behalf of an employer who fails to comply with sections 3 through 3D of this chapter is subject to the following penalties:
(1) A violation of section 3 shall be subject to a penalty of ten thousand dollars ($10,000) per violation.
(2) A violation of section 3C shall be subject to a penalty of five thousand dollars ($5,000) for each day that the violation occurs.
(3) A violation of Section 3D shall be subject to a penalty of ten thousand dollars ($10,000) per worker for each violation.
(iii) An employer or vendor acting on behalf of an employer who fails to comply with sections 4 through 4D is subject to the following penalties:
(1) A violation of section 4, 4A, or 4D shall be subject to a penalty of ten thousand dollars ($10,000) per violation.
(2) (2) A violation of section 4B shall be subject to a penalty of two thousand five hundred dollars ($2,500) per violation.
(3) (3) A violation of section 4C shall be subject to a penalty of twenty thousand dollars ($20,000) per violation.
(iv) An employer or vendor acting on behalf of an employer who fails to submit an impact assessment pursuant to sections 5, 5A, 5B, or 5C shall be subject to a penalty of twenty thousand dollars ($20,000) per violation.
Section 6.
(a) The provisions in sections 2 through 6 shall apply to state workers so long as they are not construed or applied to displace or supplant state rules and regulations and collective bargaining agreements that apply to state workers.
(b) The department shall have the authority to enact regulations establishing the forms and manners under which sections 2 through 6 shall apply to state workers so that such application conforms with the previous paragraph.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to snow removal service liability limitation
|
H1874
|
HD1437
| 193
|
{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T12:40:43.817'}
|
[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T12:40:43.8166667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1874/DocumentHistoryActions
|
Bill
|
By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 1874) of Ann-Margaret Ferrante relative to snow removal service liability limitations. Labor and Workforce Development.
|
Chapter 149 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after Section 29C, the following new section:-
Section 29C1/2. (a) As used in this section, the following terms shall have the following meanings:-
"Service provider”, a person providing services under a snow removal and ice control services contract.
"Service receiver", a person receiving services under a snow removal and ice control services contract.
"Snow removal and ice control services contract", a contract or agreement for the performance of any of the following: (1) plowing, shoveling, or other removal of snow or other mixed precipitation from a surface; (2) de-icing services; or (3) a service incidental to an activity described in item (1) or (2), including operating or otherwise moving snow removal or de-icing equipment or materials.
(b) A provision, clause, covenant, or agreement that is part of or in connection with a snow removal and ice control services contract is against public policy and void if it does any of the following: (1) requires, or has the effect of requiring, a service provider to indemnify a service receiver for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (2) requires, or has the effect of requiring, a service receiver to indemnify a service provider for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees; (3) requires, or has the effect of requiring, a service provider to hold a service receiver harmless from any tort liability for damages resulting from the acts or omissions of the service receiver or the service receiver's agents or employees; (4) Requires, or has the effect of requiring, a service receiver to hold a service provider harmless from any tort liability for damages resulting from the acts or omissions of the service provider or the service provider's agents or employees.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to apprenticeship programs
|
H1875
|
HD1646
| 193
|
{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:23:25.737'}
|
[{'Id': 'AMF1', 'Name': 'Ann-Margaret Ferrante', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AMF1', 'ResponseDate': '2023-01-18T16:23:25.7366667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1875/DocumentHistoryActions
|
Bill
|
By Representative Ferrante of Gloucester, a petition (accompanied by bill, House, No. 1875) of Ann-Margaret Ferrante relative to apprenticeship programs. Labor and Workforce Development.
|
SECTION 1. Section 44D of chapter 149 of the Massachusetts General Laws as appearing in the 2018 Official Edition is hereby amended by inserting the following subsection after subsection (b):
(c) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than ninety days after the date this section becomes effective. This section shall further apply to any contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building that is subject to sections 26 through 27D of Chapter 149 inclusive, regardless of whether the project is not otherwise subject to sections 44A to 44H of Chapter 149 inclusive.
For all such contracts, all trade contractors and subcontractors working under the contract shall, within thirty calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to Sections 11E through 11W of Chapter 23 inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past five years.
Within forty-five calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.
SECTION 2. Chapter 149A of the Massachusetts General Laws as appearing in the 2018 Official Edition is hereby amended by adding the following section:
Section 22. (a) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than ninety days after the date this section becomes effective.
For all such contracts, all trade contractors and subcontractors working under the contract shall, within thirty calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to Sections 11E through 11W of Chapter 23 inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past five years.
Within forty-five calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.
SECTION 3. Section 39M of chapter 30 of the Massachusetts General Laws as appearing in the 2018 Official Edition is hereby amended by inserting the following subsection after subsection (e):
Section 39M. (f) This section shall apply to any request for bids or request for proposals for contracts set forth herein which are issued more than ninety days after the date this section becomes effective.
For all such contracts, all trade contractors and subcontractors working under the contract shall, within thirty calendar days of award of the contract, maintain or participate in an apprentice training program registered and approved pursuant to Sections 11E through 11W of Chapter 23 inclusive, or registered and approved as a registered apprenticeship program by the U.S. Department of Labor pursuant to 29 C.F.R. Section 29. Said contractors and subcontractors shall employ apprentices registered and approved through said programs on said contract throughout the duration of said contract. Effective January 1, 2025, to be eligible as an apprenticeship program under this section, said registered and approved apprenticeship program must have graduated apprentices to journey worker status for at least three of the past five years.
Within forty-five calendar days of award of the contract, each contractor and subcontractor shall provide written certification of compliance with this section and documentation identifying the apprenticeship program which it maintains or in which it participates to the attorney general.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to acts of violence
|
H1876
|
HD3304
| 193
|
{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T11:51:44.98'}
|
[{'Id': 'MJF1', 'Name': 'Michael J. Finn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJF1', 'ResponseDate': '2023-01-20T11:51:44.98'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1876/DocumentHistoryActions
|
Bill
|
By Representative Finn of West Springfield, a petition (accompanied by bill, House, No. 1876) of Michael J. Finn relative to compensation to persons injured by acts of violence of patients, prisoners, or courtroom violence. Labor and Workforce Development.
|
SECTION 1: Section 58 of Chapter 30 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following:
Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in the employee's custody or, in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners or, in the case of a correctional employee, receives bodily injury as a result of acts of violence either in the performance of normal duty or while performing assigned duty outside of a correctional facility and who as a result of such injury would be entitled to benefits under said chapter one hundred and fifty-two, shall be paid the difference between the weekly cash benefits to which he would be entitled under said chapter one hundred and fifty-two and his regular salary, without such absence being charged against available sick leave credits, even if such absence may be for less than eight calendar days' duration.
SECTION 2: Chapter 152 of the General Laws, as so appearing, is hereby amended by adding the following section:
SECTION 86: Correctional employees receiving bodily injuries resulting from acts of violence either in performance of normal duty or while performing assigned duty outside of a correctional facility shall be presumed eligible for benefits under chapter 152.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to establish a hospital and community health center worker minimum wage
|
H1877
|
HD2995
| 193
|
{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T21:43:22.357'}
|
[{'Id': 'BFO1', 'Name': 'Brandy Fluker Oakley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BFO1', 'ResponseDate': '2023-01-19T21:43:22.3566667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-31T18:41:13.9333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-31T18:41:13.9333333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-01-31T18:41:13.9333333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T18:41:13.9333333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-31T18:41:13.9333333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-09T13:28:24.5166667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:30:55.05'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-02-17T14:59:04.9133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-03-22T10:47:51.41'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-25T09:02:39.26'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T11:19:45.3933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-19T13:54:39.64'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-03-14T09:29:48.9333333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T17:55:20.0266667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-04-13T11:50:14.0133333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T19:23:57.2333333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-02-08T15:41:59.5933333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T18:46:14.93'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-08T12:07:07.6333333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:35:08.6233333'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T09:27:19.6366667'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-05-18T15:56:24.1466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-16T14:48:29.52'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-16T10:23:25.2233333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-11T13:41:50.34'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-05-19T16:22:47.1666667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-03-04T14:42:50.5466667'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-02-14T09:49:33.4366667'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-07-14T11:20:40.2533333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-06T10:32:42.2833333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1877/DocumentHistoryActions
|
Bill
|
By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 1877) of Brandy Fluker Oakley and others for legislation to establish a hospital and community health center worker minimum wage. Labor and Workforce Development.
|
SECTION 1. Chapter 111 of the Massachusetts General Laws, as appearing in the 2018 Official Edition, is hereby further amended by adding the following new section:
Section 51W
For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Covered Hospital Facility" shall mean a hospital licensed under section 51 of this chapter, the teaching hospital of the University of Massachusetts medical school, any licensed private or state-owned and state-operated general acute care hospital, psychiatric hospital, acute care specialty hospital, any acute care unit within a state operated healthcare facility, or a medium-security state correctional facility for male inmates located in Plymouth County that is operated and maintained by a private company under contract with the Department of Corrections. For purposes of this section, a covered acute care hospital facility shall not include rehabilitation facilities, skilled nursing facilities, other long-term care facilities, or any other Massachusetts correctional facilities.
“Covered Community Health Center” a health center operating in conformance with the requirements of Section 330 of United States Public Law 95–626, including all community health centers which file cost reports as requested by the center for health information and analysis, and including community health centers affiliated with a hospital licensed under section 51 of this chapter.
“Covered Community Health Center Worker” shall mean all personnel employed by or contracted to work at a community health center including but not limited to physicians, registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional and technical workers, and all other health care workers.
"Covered Hospital Worker" shall mean all personnel employed by or contracted to work at a covered hospital facility, including but not limited to physicians, registered nurses, licensed practical nurses, unlicensed assistive personnel, service, maintenance, clerical, professional and technical workers, and all other health care workers.
(b) Notwithstanding any special or general law to the contrary, as a condition of state licensure and as a condition of receiving rate reimbursement from the Division of Medical Assistance, each covered community health center and covered hospital shall directly compensate or otherwise ensure minimum compensation for each covered hospital worker and covered community health center worker at a rate of no less than 150% of the statewide minimum hourly wage as established in section 1 of chapter 151 of the Massachusetts General Laws.
(c) The Executive Office of Health and Human Services, in consultation with the department of public health and the division of medical assistance, shall promulgate rules and regulations needed to implement and enforce this section, within 180 days of the passage of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act protecting warehouse workers
|
H1878
|
HD3709
| 193
|
{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T14:15:04.347'}
|
[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-20T14:15:04.3466667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T14:15:14.7866667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:30:52.31'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-02T15:58:34.63'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T17:16:04.8766667'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-19T16:12:37.1033333'}, {'Id': 'WCG1', 'Name': 'William C. Galvin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WCG1', 'ResponseDate': '2023-03-22T14:04:11.0733333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-24T12:03:44.8533333'}]
|
{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-20T14:15:04.347'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1878/DocumentHistoryActions
|
Bill
|
By Representatives Garballey of Arlington and Cataldo of Concord, a petition (accompanied by bill, House, No. 1878) of Sean Garballey, Simon Cataldo and others relative to warehouse workers. Labor and Workforce Development.
|
SECTION 1: Section 1 of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following definitions:
"Defined time period" means any unit of time measurement equal to or less than the duration of an employee's shift, and includes hours, minutes, and seconds and any fraction thereof.
"Designated employee representative" means any employee representative, including but not limited to an authorized employee representative that has a collective bargaining relationship with the employer.
"Employee" means a nonexempt and non-administrative employee who works at a warehouse distribution center and is subject to a quota as defined in this section.
(a) "Employee work speed data" means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including, but not limited to, quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks.
(b) "Aggregated data" means information that an employer has combined or collected together in summary or other form such that the data cannot be identified with any individual.
"Employer" means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary services, or staffing agency, independent contractor, or any similar entity, at any time in the prior twelve months, employs or exercises control over the wages, hours, or working conditions of one hundred or more employees at a single warehouse distribution center or five hundred or more employees at one or more warehouse distribution centers in the state.
(a) all employees employed directly or indirectly, or through an agent or any other person, as described in the above definition, as well as any employee employed by a member of a controlled group of corporations of which the employer is a member, shall be counted in determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers in the state; and
(b) all agents or other persons, as described in the definition above, and all members of a controlled group of corporations of which the employer is a member, shall be deemed to be employers and shall be jointly and severally responsible for compliance with this article. For purposes of this subdivision, the term "controlled group of corporations" shall be defined as provided under Section 1563 of the Internal Revenue Code, 26 U.S.C. section 1563, except that fifty percent shall be substituted for eighty percent where eighty percent is specified in that definition.
"Person" means an individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
"Quota" means a work standard which:
(a) an employee is assigned or required to perform:
(i) at a specified productivity speed; or a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period; or
(b) an employee's actions are categorized between time performing tasks and not performing tasks, and the employee's failure to complete a task performance standard or recommendation may have an adverse impact on the employee's continued employment or the conditions of such employment.
"Warehouse distribution center" means an establishment as defined by any of the following North American industry classification system ("NAICS") codes, however such establishment is denominated:
(a) four hundred ninety-three for warehousing and storage;
(b) four hundred twenty-three for merchant wholesalers, durable goods;
(c) four hundred twenty-four for merchant wholesalers, nondurable goods;
(d) four hundred fifty-four thousand one hundred ten for electronic shopping and mail-order houses; or
(e) four hundred ninety-two thousand one hundred ten for couriers and express delivery services.
Section 2: Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 official edition, is hereby amended by adding the following section:
52C ½ : Quotas
Each employer shall provide to each employee, upon hire, or within thirty days of the effective date of this article, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota. Each time the quota changes thereafter, the employer shall provide an updated written description of each quota to which the employee is subject within two business days of such quota change. Each time an employer takes an adverse employment action against an employee, the employer shall provide that employee with the applicable quota for the employee.
An employee shall not be required to meet a quota that prevents compliance with meal or rest periods or use of bathroom facilities, including reasonable travel time to and from bathroom facilities. An employer shall not take adverse employment action against an employee for failure to meet a quota that does not allow a worker to comply with meal and rest periods or for failure to meet a quota that has not been disclosed to the employee pursuant to section seven hundred eighty-one of this article.
Consistent with existing law, paid and unpaid breaks shall not be considered productive time for the purpose of any quota or monitoring system unless the employee is required to remain on call.
1. Each employer shall establish, maintain, and preserve contemporaneous, true, and accurate records of the following:
(a) each employee's own personal work speed data;
(b) the aggregated work speed data for similar employees at the same establishment; and
(c) the written descriptions of the quota such employee was provided pursuant to section seven hundred eighty-one of this article. Such records shall be maintained and preserved throughout the duration of each employee's period of employment and made available to the commissioner upon request.
Subsequent to any employee's separation from the employer, such records relating to the six month period prior to the date of the employee's separation from the employer shall be preserved for a period of time not less than three years subsequent to the date of such employee's separation and made available to the commissioner upon request. Nothing in this section shall require an employer to keep such records if such employer does not use quotas as defined in this article or monitor work speed data.
A current employee has the right to request a written description of each quota to which the employee is subject, a copy of the employee's own personal work speed data, and a copy of the prior six months of aggregated work speed data for similar employees at the same establishment.
A former employee has the right to request, within three years subsequent to the date of his or her separation from the employer, a written description of the quota to which they were subject as of the date of their separation, a copy of the employee's own personal work speed data for the six months prior to their date of separation, and a copy of aggregated work speed data for similar employees at the same establishment for the six months prior to their date of separation.
Such requested records pursuant to this section shall be provided at no cost to the current or former employee.
The employer shall provide such requested records pursuant to this section as soon as practicable, provided that requested written descriptions of the quota shall be provided no later than two business days following the date of the receipt of the request and requested personal work speed data and aggregated work speed data shall be provided no later than seven business days following the date of the receipt of the request.
5. Nothing in this section shall require an employer to use quotas as defined in this article or monitor work speed data. An employer that does not monitor this data has no obligation to provide it.
No person, including but not limited to an employer, his or her agent, or person acting as or on behalf of a hiring entity, or the officer or agent of any entity, business, corporation, partnership, or limited liability company, shall discharge or in any way retaliate, discriminate or take adverse action against any person for exercising any rights conferred under this article, or for being perceived as exercising rights conferred by this article, including but not limited to:
(a) Initiating a request for information about a quota or personal work speed data pursuant to subdivision one of XXX of this article (Right to request section).
(b) Making a complaint related to a quota alleging any violation of this section to the commissioner, any other local, state, or federal governmental agency or official, or the employer.
An employee need not explicitly refer to this article or the rights enumerated herein to be protected from an adverse action. Protections of this section shall apply to former employees and to employees who mistakenly but in good faith allege violations of this article.
If a person takes adverse action against an employee within ninety days of the employee's engaging or attempting to engage in activities protected by this article, such conduct shall raise a rebuttable presumption that the action is an adverse action in violation of this article. Such presumption may be rebutted by clear and convincing evidence that: (a) the action was taken for other permissible reasons; and (b) the engaging or attempting to engage in activities protected by this article was not a motivating factor in the adverse action.
The commissioner shall adopt rules and regulations implementing the provisions of this article. The commissioner shall be authorized to enforce the provisions of this article and to assess civil penalties in a manner consistent with state law.
If a particular worksite or employer is found to have an annual employee injury rate of at least one and one-half times as high as the warehousing industry's average annual injury rate as published by the Bureau of Labor Statistics’ most recent Fatal and Non-fatal Occupational Injuries and Illnesses data, the commissioner shall conduct an investigation of violations pursuant to this section.
A current or former employee or his or her representative may bring an action for injunctive relief to obtain compliance with this article and may, upon prevailing in the action, recover costs and reasonable attorney's fees in such action. In any action involving a quota that prevented the compliance with applicable regulations on workplace safety and health or meal or rest break requirements, the injunctive relief shall be limited to suspension of the quota and restitution and injunctive relief to address any retaliation or other adverse action taken by the employer in relation to the complaint or its enforcement. In any action involving a retaliation in violation this article, in addition to the relief authorized above, a prevailing current or former employee or his or her representative shall be awarded damages equal to the greater of ten thousand dollars or three times the actual damages, including, but not limited to, unpaid wages and benefits.
The attorney general, either upon his or her own complaint or the complaint of any person acting for themselves or the general public, has the authority to prosecute actions, either civil or criminal, for violations of this article, or to enforce the provisions thereof independently and without specific direction of the commissioner.
If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall not affect the validity or effectiveness of any other provision of this act, or of any other application of any provision of this act, which can be given effect without that provision or application; and to that end, the provisions and applications of this act are severable.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to bereavement leave
|
H1879
|
HD2207
| 193
|
{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T13:17:50.45'}
|
[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T13:17:50.45'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T11:25:16.8366667'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T14:31:17.8466667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T14:02:26.0166667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-07-24T12:03:00.35'}]
|
{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-17T13:17:50.45'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1879/DocumentHistoryActions
|
Bill
|
By Representatives Garballey of Arlington and Rogers of Cambridge, a petition (accompanied by bill, House, No. 1879) of Sean Garballey, David M. Rogers and others relative to bereavement leave under the family and medical leave act. Labor and Workforce Development.
|
SECTION 1. Section 2 of chapter 175M of the General Laws, as currently appearing, is hereby amended by striking out, in line 9, the word “or”, and inserting at the end of subsection (a)(1): - ; or (iv) to cope with the death of a family member by (A) attending the funeral or alternative to a funeral of the family member; (B) making arrangements necessitated by the death of the family member; or (C) grieving the death of the family member.
SECTION 2. Section 2 of chapter 175M is hereby further amended by inserting at the end of subsection (c)(1) the following:- A covered individual is entitled to a total of 8 weeks of family leave under clause (iv) of paragraph (1) of subsection (a) upon the death of each family member of the individual within a benefit year, during 2 of which weeks the covered individual shall be entitled to a weekly benefit, except that leave taken as provided by clause (iv) of paragraph (1) of subsection (a) may not exceed the total period of family leave authorized by this paragraph and shall be counted toward the total period of family leave authorized by this paragraph.
SECTION 3. Section 2 of chapter 175M is hereby further amended by inserting at the end of subsection (c)(2)(A) the following:- Leave under clause (iv) of paragraph (1) of subsection (a) may be taken intermittently or on a reduced leave schedule by an employee.
SECTION 4. Section 2 of chapter 175M is hereby further amended by inserting in line 46, after the words “section 3”, the following:- except a covered individual on family leave under clause (iv) of paragraph (1) of subsection (a), who shall receive such weekly benefit only for 2 of the 8 weeks to which the covered individual is entitled.
SECTION 5. Section 5 of chapter 175M is hereby further amended by inserting at the end of subsection (c)(2)(C) the following:- A covered employer may not require an eligible employee to take multiple periods of leave under clause (iv) of paragraph (1) of subsection (a) concurrently if more than one family member of the employee dies during a single benefit year.
SECTION 6. Section 5 of chapter 175M of the General Laws, as currently appearing, is hereby amended by inserting after the word “chapter” in line 60 the following:- (8) Certification for a covered individual taking family leave to deal with the death of a family member shall be sufficient if the covered individual provides (i) the name of the deceased, the date of death, the city of death, and the employee’s relationship to the deceased; (ii) a copy of the deceased’s obituary or funeral program and the employee’s relationship to the deceased; (iii) a copy of the death certificate; or (iv) a document issues by the mental health care provider of the employee.
| null |
[]
|
[]
|
[]
|
[]
|
An Act establishing guardians as providers of medical care to support the rights of incapacitated persons
|
H188
|
HD1727
| 193
|
{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-17T18:39:22.52'}
|
[{'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-01-17T18:39:22.52'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T16:37:29.83'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-10T15:16:35.6'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-03T11:03:37.3'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-03-03T10:53:13.1433333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-26T10:51:46.1533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H188/DocumentHistoryActions
|
Bill
|
By Representative Kerans of Danvers, a petition (accompanied by bill, House, No. 188) of Sally P. Kerans and others relative to establishing guardians as providers of medical care to support the rights of incapacitated persons. Children, Families and Persons with Disabilities.
|
SECTION 1. Section 8 of chapter 118E of the General Laws is hereby amended by striking out paragraph (f) and inserting in place thereof the following paragraph:-
“Provider", includes any institution, agency, individual or other legal entity (i) qualified under the laws of the commonwealth to perform the medical care or services for which medical assistance and medical benefits are available under this chapter or (ii) that is duly appointed (or recognized, if appointed elsewhere) under the laws of the commonwealth as guardian of a member who is eligible for medical assistance under this chapter while engaged in activities that are reasonably related to consenting or gaining access to medical care or services for the member. Provided, however, that no person who is a spouse, parent, grandparent, child, grandchild or sibling of the member (hereinafter, an “immediate family relationship”) shall be included in the definition of Provider herein.
SECTION 2. Section 13C of chapter 118E of the General Laws is hereby amended by striking out the second paragraph and inserting in its place the following paragraph:-
The secretary of the executive office shall establish rates of payment for social service programs which are reasonable and adequate to meet the costs which are incurred by efficiently and economically operated social service program providers in providing social service programs in conformity with federal and state law, regulations and quality and safety standards; provided, that the secretary may designate another governmental unit to perform such ratemaking functions. When establishing rates of payment for social service programs and guardians, the secretary of the executive office shall adjust rates to take into account factors, including, but not limited to: (i) the reasonable cost to social service program providers or guardians of any existing or new governmental mandate that has been enacted, promulgated or imposed by any branch of government, governmental unit or federal governmental authority; (ii) rates customarily charged by professional guardians in the region of the commonwealth; (iii) a cost adjustment factor to reflect changes in reasonable costs of goods and services of social service programs including those attributed to inflation; and (iv) geographic differences in wages, benefits, housing and real estate costs in each metropolitan statistical area of the commonwealth and in any city or town therein where such costs are substantially higher than the average cost within that area as a whole. The secretary of the executive office shall not consider any of the resources specified in section 13G when establishing, reviewing or approving rates of payment for social service programs.
SECTION 3. Section 13D of chapter 118E of the General Laws is hereby amended by inserting the following paragraph after the seventh paragraph:
In establishing rates for medically-related services for which a guardian is considered a “Provider” under section 8 of this chapter, the secretary of the executive office shall (i) determine hourly or fee-for-service rates for professional guardians by considering the rates customarily charged by professional guardians in the region of the commonwealth.
SECTION 4. Section 35 of chapter 118E of the General Law is hereby amended by striking the first paragraph and inserting in place thereof the following paragraph:-
No claim for medical care or services provided for under this chapter shall be reimbursed if any health insurance company, non-profit hospital service corporation, medical service corporation, or other health insurer is liable for such claim under the terms of a group or individual policy providing coverage for such claim to a person eligible for assistance under this chapter; in the case of a guardian, no claim for care or services shall be reimbursed if any department of the state or federal judiciary is liable for such claim. The division shall establish procedures to ensure that no such unauthorized claims are paid, including the soliciting of information regarding alternative health coverage from all applicants and recipients.
SECTION 5. Said section 36 of chapter 118E of the General Law is hereby further amended by inserting after paragraph (5) the following paragraph:-
A claim submitted by a guardian that is paid for under this chapter shall be disclosed to the court that has appointed the guardian as part of the guardian’s annual report to the court; provided, however, that prior or subsequent judicial approval shall not be a condition or required as evidence of entitlement for reimbursement of any claim by a guardian that is submitted for services provided for under this chapter.
SECTION 6. Section 36 of chapter 118E of the General Laws is hereby amended by striking paragraph (1) and inserting in place thereof the following paragraph:
(1) indicate their intention to the division to so participate; provided that renewal of such indication of intention by a guardian shall not be required more often than once every 12 months;
SECTION 7. Section 36 of chapter 118E of the General Law is hereby amended by striking paragraph (2) and inserting in place thereof the following paragraph:-
(2) present evidence, satisfactory to the division, of their qualifications to provide such services. For guardians, satisfactory evidence of qualification shall consist of (i) a certificate of appointment dated within one year of the request for payment and a sworn statement of its validity on the dates of service; and (ii) affidavit of no immediate family relationship with the member.
| null |
[]
|
[]
|
[]
|
[]
|
An Act providing benefits for permanent functional loss and disfigurement under the Worker's Compensation Act
|
H1880
|
HD2247
| 193
|
{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:13:29.887'}
|
[{'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-17T15:13:29.8866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1880/DocumentHistoryActions
|
Bill
|
By Representative Garballey of Arlington, a petition (accompanied by bill, House, No. 1880) of Sean Garballey relative to benefits for permanent functional loss and disfigurement under the Workers' Compensation Act. Labor and Workforce Development.
|
Section 36(k) of chapter 152 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "fifteen thousand dollars" and inserting in place thereof the following words:- 30 times the average weekly wage in the commonwealth as determined pursuant to subsection (a) of section 29 of chapter 151A. and by striking out in lines 4-6 the words “No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.”
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act clarifying the wage act to protect hospital workers from being deprived of their wages
|
H1881
|
HD2358
| 193
|
{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T10:21:13.29'}
|
[{'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-01-19T10:21:13.29'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-10T09:17:18.09'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-13T11:09:01.3966667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T15:58:49.3233333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-24T07:51:51.18'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-03-01T12:41:43.82'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-16T09:51:12.8666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1881/DocumentHistoryActions
|
Bill
|
By Representative Garlick of Needham, a petition (accompanied by bill, House, No. 1881) of Denise C. Garlick and others for legislation to protect hospital workers from being deprived of their wages. Labor and Workforce Development.
|
SECTION 1. Section 148 of Chapter 149 of the General Laws, as appearing in the 2020 official edition, is hereby amended by striking the fifth paragraph in its entirety and inserting instead thereof the following:
This section shall not apply to an employee of a co-operative association if he is a shareholder therein, unless he requests such association to pay him weekly, nor to casual employees as hereinbefore defined employed by the commonwealth or by any county, city or town.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to establish psychological workplace safety
|
H1882
|
HD2569
| 193
|
{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-19T14:41:29.15'}
|
[{'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-19T14:41:29.15'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-27T12:00:46.2166667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-23T18:06:57.2433333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-21T14:07:58.68'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-23T18:06:57.2433333'}, {'Id': 'N_C0', 'Name': 'Nick Collins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_C0', 'ResponseDate': '2023-01-24T14:47:17.44'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-01-30T08:39:02.8066667'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-01T11:38:55.28'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-01T11:38:55.28'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-01T11:38:55.28'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-02T12:51:31.6266667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-02T16:20:41.2966667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-04T14:45:24.23'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-02-06T09:59:46.0833333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T14:00:07.0966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T15:15:38.59'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-08T12:18:15.37'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-08T14:28:36.83'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:28:36.83'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T13:48:48.9866667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T13:48:48.9866667'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T15:08:57.4666667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T11:45:41.46'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-02-14T11:37:22.7766667'}, {'Id': 'ERP1', 'Name': 'Edward R. Philips', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ERP1', 'ResponseDate': '2023-02-14T11:37:22.7766667'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-02-15T15:03:47.75'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T15:03:47.75'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-16T11:45:41.46'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-16T11:45:41.46'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-02-17T13:15:38.6966667'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-22T15:37:27.6433333'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-02-22T15:37:27.6433333'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-24T12:52:30.7733333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-28T11:36:06.32'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-02T12:42:04.8066667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-03-02T13:52:55.61'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-12T20:26:01.4733333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-16T12:51:23.2666667'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-03-22T12:12:58.3566667'}, {'Id': 'EAR1', 'Name': 'Estela A. Reyes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/EAR1', 'ResponseDate': '2023-03-28T14:05:54.41'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-03-30T11:30:54.9033333'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-04-03T15:18:46.26'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-04-05T11:08:18.5133333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-05-31T14:57:26.79'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-10T15:46:30.5866667'}, {'Id': 'JFK0', 'Name': 'John F. Keenan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFK0', 'ResponseDate': '2023-08-02T10:37:15.5866667'}]
|
{'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-21T14:07:58.663'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H1882/DocumentHistoryActions
|
Bill
|
By Representatives Giannino of Revere and Doherty of Taunton, a petition (accompanied by bill, House, No. 1882) of Jessica Ann Giannino, Carol A. Doherty and others relative to psychological abuse workplace safety. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 204. (a) For the purposes of this section the following words shall, unless the context clearly requires otherwise, have the following meanings:
“Bullying”, interpersonal abuse that operates employee to employee, especially superior to subordinate.
“Employee”, any person who renders services to an employer and receives compensation for them including, full and part time paid employees, temporary employees and independent contractors.
“Employer”, a person or entity who obtains services from an employee and hires employees for any compensation.
“Mobbing”, interpersonal abuse that operates employer to employee.
“Physical injury”, impairment of a person’s physical health or bodily integrity as established by competent evidence.
“Psychological abuse”, mentally provocative harassment or mistreatment that has the effect of hurting, weakening, confusing or frightening a person mentally or emotionally.
“Psychological injury”, impairment of a person’s mental health as established by competent evidence.
“Reasonable person”, an unbiased person who displays reason, fairness, caution and care.
“Representative employee”, administrative employees in leadership or management positions whose responsibility is to oversee and enforce organizational policies including, but not limited to, chief executive officers, chief financial officer, presidents, vice presidents, executive directors, members of a board of directors or employees in human resources.
“Third party”, a neutral person with no prior affiliation with the parties.
“Toxic work environment”, an intolerable employment condition in which a reasonable person would find it a difficult, uncomfortable or impossible environment to perform their workplace duties and tasks.
(b) This section shall apply to all employees regardless of the nature of their job.
(c) Every employee shall have the right to a work environment that is safe, affords them the dignity to which all human beings are entitled and free from all forms of psychological abuse.
(d) Employers have a general duty to: (i) provide a safe work environment free from all forms of abuse including psychological abuse; and (ii) ensure that all employees are treated respectfully and with dignity.
(e)(1) It shall be an unlawful employment practice:
(i) for any employer or employee to engage in the psychological abuse of another employee during or outside the course or scope of their work that creates a toxic work environment in which a reasonable person would find intolerable to perform their regular workplace duties and tasks, has the ability to cause subsequent injury or jeopardizes future career prospects without just cause. The determination of psychological abuse shall be conducted from the view of a reasonable person under the totality of the circumstances, its impact on the work environment of the employee and its subsequent impact on the employee’s well-being. There is no requirement of extreme, outrageous or repetitive behavior on the part of the offender to be unlawful. The creation of a toxic work environment, subsequent or potential injury and damage to future career prospects shall suffice regardless of protected class status;
(ii) to retaliate in any manner against an employee who has opposed any unlawful employment practices under this section including, but not limited to, filing a claim internally or externally on behalf of oneself or another objecting to behavior in violation of this section whether as an complainant, witness or advocate; and
(iii) to require any complainant under this section to enter into mediation, forced arbitration, a non-disclosure agreement or any agreement for the employer to see or review the complainant’s medical history not pertinent to the complaint, unless willingly disclosed and consented by the complainant.
(2) Behaviors that constitute psychological abuse shall include, but are not limited to:
(i) Subtle or blatant unethical and unprofessional behavior directed in a targeted or systematic manner such as sabotage; misrepresentation of employee performance or behavior; spreading of lies; discipline that does not follow procedure; withholding of vital information; verbal or written abuse or abusive gestures; frequent request for work below competence level; long-term assigning of tasks beyond the employee’s duties without compensation; requesting to take part in illegal activity; public or group humiliation or degradation; consistent taking credit for work; public ridicule; exclusion from work related gatherings or communications; inconsistent following or enforcement of rules; placing in dangerous or physically threatening working conditions; hostile yelling, shouting or physical gestures and postures; outright physical abuse, such as pushing and shoving; looking into or disclosing of private facts about the employee or their family; behaviors without just cause, degrading role changes that could jeopardize future career prospects, exclusion, physical isolation, ignoring, regular inconsistent instructions, unreasonably heavy workloads, unreasonable put downs, excessive monitoring, threat of dismissal, removal of job duties, tampering with or spying on equipment or personal belongings.
(ii) Employer non-response or prolonged response to employee complaints of psychologically abusive behavior; rigged internal protocol; unethical communication such as misrepresenting a complaint process; misrepresenting an investigatory process; hollow investigations; misrepresenting findings in subsequent reports; blame shifting; ignoring continued and escalating bullying behavior or the reporting employee’s request for assistance.
(iii) Employer failure to provide a safe working environment; failure to acknowledge employee complaints of abusive behavior; failure to provide a transparent reporting system; failure to adequately address employee complaints; failure to remove a known stressors; failure to alter or stabilize the work environment; tolerance or increase of abusive behavior by representing employees.
(3) Behavior that does not constitute psychological abuse includes, but is not limited to:
(i) acts intended to exercise a supervisor’s authority to discipline with just cause and conducted in a progressive disciplinary manner in compliance with policies and laws;
(ii) demands for protecting the confidentiality of the services provided by the employer;
(iii) the formulation or promulgation of regulations or memoranda to direct the operations, maximize efficiency and evaluate employees’ performance based on the general objectives of the employer;
(iv) the temporary assignment of additional duties when necessary to ensure the continuity of services;
(v) administrative actions directed to the completion of an employment agreement, with cause;
(vi) employer’s affirmative actions to enforce the provisions of a human resources regulation, clauses of employment agreements or obligations, duties and prohibitions established by the General Laws; and
(vii) concerted activity under the federal National Labor Relations Act, 29 U.S.C. §151 et seq, as interpreted by the National Labor Relations Board shall not be construed as psychological abuse.
(f) Every employer shall be responsible for taking all reasonable measures to acknowledge, monitor, prevent, discourage and adequately address incidents of psychological abuse. The employer shall implement and enforce policies, procedures and corrective action plans, including:
(i) adopting and implementing preventive and detective internal policies against psychological abuse including, anti-retaliation policies, within 90 days consistent with this section . Policies should include a broad reporting procedure including, formal and informal reporting methods that include, an employee’s right to make a complaint outside of the employer’s internal reporting procedures;
(ii) notifying and training all managers, supervisors and other representative employees as to handling of complaints of psychologically abusive behavior including, the employer’s reporting provisions and policies to acknowledge, monitor, prevent, discourage and adequately address all such complaints;
(iii) posting employees’ rights under this section and employer reporting policies in such a manner that all employees have access including, on the website, bulletin boards, job descriptions and in applicable promotional materials. Any employer who fails to notify and train all managers, supervisors and other representative employees and post notice of employees’ rights under this section shall be subject to fines and penalties by not to exceed $100 for each separate offense;
(iv) acknowledging employee complaints of psychologically abusive behavior in writing and initiate a neutral third-party fact-finding professional investigation within 5 business days of a formal or informal complaint of an alleged violation of this section, unless the danger is imminent whereby immediate action is called for. Taking all steps to assure immediate cessation of the alleged violation, which shall be included in the investigatory report including, removing the instigating employee who allegedly violated this section from working with the complainant if necessary. Ensure and monitor complainant’s safety through separation from the alleged perpetrator during the investigation and submit weekly written updates of the investigation’s progress to the complainant;
(v) implementing and upholding an effective anti-retaliation provision that guarantees no retaliation against any employee who opposes any unlawful practice in a complaint under this section;
(vi) completing the third-party investigation within a reasonable amount of time, such time depending on factors related to the complexity of the complaint. The investigator shall notify the complainant in writing of any delay within a reasonable amount of time. The complainant shall agree on who is chosen as the third party neutral investigator. The investigator cannot be hired for the purposes of determining the complainant’s legal standing or legal advantages and disadvantages;
(vii) a neutral third-party investigator shall establish whether or not the creation of a toxic work environment occurred under this section. The investigator shall also establish whether or not subsequent injury occurred beyond the minimum level of damage under this section;
(viii) when psychological abuse occurs between employees of different employers, all employers concerned shall be responsible for investigating the allegation of psychological abuse, regardless of whether or not they are the direct employer of the complainant;
(ix) if the outcome favors the complainant, issue an apology to the employee, reinstate employee if applicable and coach, counsel or discipline the employee who violated this section;
(x) if another complaint occurs after coaching and is found in favor of the complainant, take the next step in the disciplinary process including, removing supervisory duties from the employee who violated this section or terminate the employee who violated this section;
(xi) applying evaluation and discipline processes evenly and fairly to all employees;
(xii) annually perform an anonymous workplace climate survey. Submit its results to the United States Occupational Safety and Health Administration, the Department of Labor or the department of labor standards annually; and
(xiii) quarterly report the number of employee complaints of abusive behavior, employee disciplines, workers’ compensation claims, discrimination complaints, investigations and follow up actions; rates of absenteeism, stress leave and attrition; the workforce gender and racial makeup; and de-identified wage and salary data by protected category to the United States Occupational Safety and Health Administration and Department of Labor Standards or the department of labor standards, who will make this information publicly available, at a minimum under the federal Freedom of Information Act, 5 U.S.C. § 552.
(g) If the employer proves to have exercised reasonable care to prevent and promptly correct the conduct, such employer shall be held harmless from any claim under the provisions of this section. Such immunity shall not be extended to the person who engaged in psychological abuse in their personal capacity.
(h) The aggrieved employee shall have the following options to notify the employer of the complaint without use of the employer’s protocol:
(i) file a restraining order against the employee who violates this section;
(ii) report the alleged violation of this section internally to initiate an internal investigation within 5 days of notification unless the danger is imminent whereby immediate response is called for pursuant to clause (iv) of subsection (f);
(iii) seek outside assistance by filing a complaint that discloses the complainant’s identity directly and only to the United States Occupational Safety and Health Administration or the department of labor standards. These offices shall: (1) evaluate the conditions described in the complaint; (2) if it is determined that the complaint describes a potential violation, the case is assigned to an inspector; (3) contact the employer in writing and require the employer to respond by a due date with proof that the hazard has been corrected; or make an appointment for a site visit prioritized according to the nature of the hazard; or phone or visit the workplace the same day if there is imminent danger. Issue fines and/or penalties, including legal action, to violators; (4) make violations of this section available to the public per the Freedom of Information Act, redacting all private information as to the aggrieved employee and accused, including their names to protect their privacy and not interfere with future job prospects; (5) if applicable, forward the complaint to another agency with jurisdiction; and (6) collect and maintain data on the effectiveness of this section as determined by a decrease in employees self-reporting experiencing psychological abuse at work; and
(iv) sue the employer or individuals in violation of this section.
(i) Any employer that allows, engages in or promotes psychological abuse that creates a toxic work environment shall be liable to the affected employee or employees. Employers shall:
(i) be liable for failing to take the appropriate measures to provide employees with a psychologically safe work environment as outlined in this section;
(ii) be liable for engaging in any violation of this section;
(iii) be liable for any damages including, economic, compensatory and punitive damages, to any employee who has been subjected to work in a toxic work environment as outlined in this section in the scope of their employment, unless the employer can demonstrate they have met all elements of the affirmative defense. An employee is entitled to recover the greater of all actual damages or $5,000 for each violation of this section;
(iv) be strictly liable for all damages including, economic, compensatory and punitive damages, resulting from any prohibited behaviors of this section carried out by a supervisor or representative employee of such employer; and
(v) if not prevailing, be liable for the plaintiff’s reasonable attorneys’ and witnesses’ fees and costs. A prevailing employer shall not be awarded fees and costs.
(j) (1) Any employee, representative or otherwise, who knowingly allows, engages in or promotes psychological abuse creating a toxic work environment or subsequent injury shall be civilly liable for an amount equal to double the amount of damages caused by the improper conduct to the affected employee.
(2) The employee may hold another employee, representative or otherwise, who allows, engages in or promotes psychological abuse creating a toxic work environment or subsequent injury may file a complaint under Rule 3(g) (1) and (2) of the Massachusetts Rules of Criminal Procedure.
(3) It shall not be an affirmative defense for an employee if that employee committed a violation of this section at the direction of the employer or a representative employee under threat of continued employment, termination, or any other such threat. Employers and employees shall be held liable under this section, but an employer or representative employee shall not hold an employee civilly or criminally liable under this section.
(k) Any person who reports psychological abuse shall be protected by this section and no person shall aid, abet, incite, compel or coerce any action in violation of this section including such attempts to do so. An employer shall:
(i) not terminate, sanction, mislead, coerce, intimidate, threaten, interfere with, discriminate against or otherwise retaliate against any person in the opposition of unlawful employment practices or exercise of any right under this section including, but not limited to, an employee as to the terms, conditions, compensation, location, benefits or privileges of employment because the employee or witness offers or attempts to offer, verbally or in writing, any testimony, statement, information or claim to a labor union, human resources office, employer office, legislative, administrative or judicial forum or any other internal or external office or otherwise engages in any other reasonable participation in a claim under this section; and
(ii) show proof of the violation through direct and circumstantial evidence. The employee may bring a prima facie case of violation of the law by proving they reported an incident of workplace psychological abuse and was subsequently terminated, threatened or discriminated against in their employment. Once the foregoing is established, the employer may allege and provide a legitimate and nondiscriminatory ground for the termination. If the employer alleges and provides such grounds, the employee shall show that the ground alleged by the employer was a mere pretext for termination.
(l) An employer may establish an affirmative defense to limit damages for psychological abuse under this section where the employer took all steps outlined in this section to acknowledge, monitor, prevent, discourage and adequately address the issues and complaints surrounding allegations of psychological abuse and exercised reasonable care to prevent and promptly correct any violation in this section or acted with just cause.
(m) An employer shall not be exempt from liability if the employer or its representative employees or supervisors knew or should have known of said conduct and failed to address the allegations of psychological abuse and promptly correct the situation. This defense shall not be available when the employer or its representative employees or supervisors engage in this conduct.
(n) Complainants who prove a violation of this section shall be entitled to all remedies necessary to make such complainants whole. Such remedies shall factor whether a toxic work environment existed or whether or not injury resulted. Remedies shall include, but not be limited to:
(i) an apology to the complainant employee and mandatory training, coaching, counseling or discipline for violators of this section who remain with the employer;
(ii) reinstatement of work;
(iii) removal of the employee who violated this section from supervisory duties or termination of said employee;
(iv) economic damages for lost wages, both front pay up to 24 months and back pay;
(v) expenses related to treatment related to the psychological abuse including, future medical expenses for psychological injury or resulting physical injury;
(vi) compensable damages to compensate for the resulting pain and suffering and emotional and psychological damages;
(vii) punitive damages to deter future acts of psychological abuse;
(viii) injunctive relief whereby the court may enjoin the defendant from engaging in the unlawful employment practice;
(ix) public notification of the case outcome without disclosing the plaintiff’s name if desired by the plaintiff;
(x) attorney’s fees for the prevailing plaintiff; and
(xi) any other relief deemed appropriate, including such restorative measures as modification of the disciplinary record of the employee or organizational training.
(o) Any person who has a cause of action under the provisions of this section shall have 300 days to file said cause of action from the last alleged psychologically abusive behavior from the employee with the United States Occupational Safety and Health Administration, the Department of Labor Standards or the department of labor standards or a private cause of action. If a claimant files a complaint with the United States Occupational Safety and Health Administration or the Department of Labor Standards or the department of labor standards, the statute of limitations for filing a private cause of action is tolled.
(p) Any judicial proceeding instituted for violations of the provisions of this section, the aggrieved person may choose to bring their cause of action through the summary proceeding.
(q) Nothing under this law shall restrict workers from negotiating broader protections via collective bargaining or other concerted activity.
SECTION 2. This act shall take effect 180 days after its passage.
| null |
[]
|
[]
|
[]
|
[]
|
An Act amending the unemployment insurance law for workers with fluctuating work schedules
|
H1883
|
HD564
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T11:52:35.487'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T11:52:35.4866667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-06-28T14:13:33.96'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-06-28T14:13:33.96'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-06-29T13:25:53.8433333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-07-05T09:19:12.9333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-11T10:00:36.5033333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-07-17T10:38:12.68'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1883/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1883) of Kenneth I. Gordon relative to the unemployment insurance law for workers with fluctuating work schedules. Labor and Workforce Development.
|
SECTION 1. Section 1 of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 343 and 344, the words “reported for the highest quarter” and inserting in place thereof the following words:-
wages reported for the highest quarter; and provided further, that if such deeming renders the individual ineligible for unemployment benefits, the amount shall be 1/26 of the total wages reported in the 2 quarters.
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act to increase contributions to the Workforce Competitiveness Trust Fund
|
H1884
|
HD574
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:15:19.81'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:15:19.81'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1884/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1884) of Kenneth I. Gordon for legislation to increase contributions to the Workforce Competitiveness Trust Fund. Labor and Workforce Development.
|
SECTION 1. Section 2WWW of chapter 29 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) There shall be credited to the fund amounts as detailed in section 14L1/2 of chapter 151A, and any gifts, grants, private contributions, investment income earned on the fund's assets, and all other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
SECTION 2. Section 14L of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-
(c) Not later than March 1 of each year, the commissioner shall file a report in writing with the joint committee on labor and workforce development and the house and senate committees on ways and means concerning the collection of the workforce training contributions, pursuant to subsection (a), during the calendar year ending on the preceding December 31, which shall include, but not be limited to: (1) the amount collected in each quarter and the total amount collected for the year; (2) the total number of employers that contributed to the fund, and the total number of employees employed by this group of employers; and (3) the contribution rate, to the extent it differs from 0.056 per cent.
SECTION 3. Said chapter 151A, as so appearing, is hereby further amended by inserting after section 14L the following section:-
Section 14L1/2. (a) Each employer liable to pay a contribution under subsection (i) of section 14 shall also pay, in the same manner and at the same times as the commissioner prescribes for the contribution required by said section 14, a workforce competitiveness trust fund contribution. For an employer’s first through nineteenth employee, inclusive, the contribution shall be 0.028 per cent of so much of its wages as are subject to contributions pursuant to clause (4) of subsection (a) of said section 14. For an employer’s twentieth through one-hundredth employee, inclusive, the contribution shall be 0.042 per cent of so much of its wages as are subject to contributions pursuant to clause (4) of subsection (a) of said section 14. For an employer’s one hundred and first employee and any employee thereafter, the contribution shall be 0.056 per cent of so much of its wages as are subject to contributions pursuant to clause (4) of subsection (a) of said section 14. The commissioner shall deposit the proceeds of said workforce competitiveness trust fund contribution in the Workforce Competitiveness Trust Fund, established by section 2WWW of chapter 29.
(b) Except where inconsistent with the provisions of this section, the terms and conditions of this chapter that apply to the payment of and the collection of contributions shall apply to the same extent to the payment of and the collection of the workforce competitiveness trust fund contribution required by this section; provided, however, that said contributions shall not be credited to the employer’s account or the solvency account established pursuant to section 14, 14A or 14C.
(c) Not later than March 1 of each year, the commissioner shall file a report in writing with the joint committee on labor and workforce development and the house and senate committees on ways and means concerning the collection of the workforce competitiveness trust fund contributions, pursuant to subsection (a), during the calendar year ending on the preceding December 31, which shall include, but not be limited to: (1) the amount collected in each quarter and the total amount collected for the year; and (2) the total number of employers that contributed to the fund, and the total number of employees employed by this group of employers.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to ensure funding for the Workforce Competitiveness Trust Fund
|
H1885
|
HD576
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-13T14:01:54.47'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-13T14:01:54.47'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1885/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1885) of Kenneth I. Gordon for legislation to adjust the rate of contributions to the Workforce Competitiveness Trust Fund. Labor and Workforce Development.
|
SECTION 1. Section 14L of chapter 151A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in lines 6 to 11, and inserting in place thereof the following sentence:-
To the extent consistent with federal law, the commissioner shall adjust the rate of said contribution so that the total amount of said contributions in a year substantially equals $22,000,000, and shall adjust to the same extent the rate of the contribution required by section 14.
SECTION 2. Said section 14L of said chapter 151A, as so appearing, is hereby further amended by inserting after the word “proceeds”, in line 11, the following words:- up to the amount of $22,000,000.
SECTION 3. Said section 14L of said chapter 151A, as so appearing, is hereby further amended by inserting after subsection (b) the following subsections:-
(c) All proceeds collected, pursuant to subsection (a), in excess of $22,000,000 shall be deposited in the Workforce Competitiveness Trust Fund, established by section 2WWW of chapter 29.
(d) Not later than March 1 of each year, the commissioner shall file a report in writing with the joint committee on labor and workforce development and the house and senate committees on ways and means concerning the collection of the workforce training contributions, pursuant to subsection (a), during the calendar year ending on the preceding December 31, which shall include, but not be limited to: (1) the amount collected in each quarter and the total amount collected for the year; (2) the total number of employers that contributed to the fund, and the total number of employees employed by this group of employers; and (3) the contribution rate, to the extent it differs from 0.056 per cent.
| null |
[]
|
[]
|
[]
|
[]
|
An Act protecting an employee's right to rebuttal of personnel records
|
H1886
|
HD764
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T14:46:35.357'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-09T14:46:35.3566667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T14:55:49.4833333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-26T09:24:13.75'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T09:15:04.7266667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1886/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1886) of Kenneth I. Gordon and others relative to protecting the rebuttal of personnel records rights of employees. Labor and Workforce Development.
|
Section 1. Section 148A of Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end of the first sentence the following, “or under the personnel records provisions in Section 52C of this chapter.”
Section 150 of said Chapter 149 of the Massachusetts General Laws, as appearing in the 2020 Official Edition, is hereby amended in the second paragraph by inserting after “33E” the following, “52C”
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to professional employer organizations
|
H1887
|
HD925
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-17T12:36:00.187'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-17T12:36:00.1866667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1887/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1887) of Kenneth I. Gordon relative to professional employer organizations. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following new section:-
Section 204. (a) A client and a registered PEO or PEO group shall each be deemed an employer under the laws of this Commonwealth for purposes of sponsoring retirement and welfare benefit plans for its Covered Employees.
(b) A fully-insured welfare benefit plan offered to the Covered Employees of a PEO or PEO group shall be treated for purposes of state law as a single employer welfare benefit plan.
(c) For purposes of Massachusetts General Laws Chapter 176J, a PEO or PEO group shall be considered the employer of Covered Employees and all such Covered Employees shall be included in the Full-Time Equivalents count for purposes of a fully-insured health insurance plan sponsored by a PEO or PEO group.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to improving the Massachusetts Paid Family Medical Leave Law
|
H1888
|
HD1063
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-11T14:50:53.467'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-11T14:50:53.4666667'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-02-15T14:42:39.2733333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-01-24T16:07:50.7066667'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T18:28:07.29'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-08T11:22:54.6833333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T14:24:15.8'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-01-26T16:05:15.3133333'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-24T16:48:49.23'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-02-01T16:13:56.5566667'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-14T14:45:22.4733333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-24T17:12:46.9166667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-13T16:13:20.4866667'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-11T11:26:24.55'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-02-22T14:08:11.59'}, {'Id': 'CRF1', 'Name': 'Christopher Richard Flanagan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CRF1', 'ResponseDate': '2023-02-23T12:32:59.4366667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-31T15:58:55.8666667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-02-09T18:18:39.92'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-01-27T12:18:32.4066667'}, {'Id': 'C_G1', 'Name': 'Carlos González', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_G1', 'ResponseDate': '2023-04-04T15:05:13.0866667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:25:02.0233333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-09T12:57:48.9'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-03-05T09:51:10.0566667'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T21:17:42.1266667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:38:03.0533333'}, {'Id': 'MPK1', 'Name': 'Michael P. Kushmerek', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MPK1', 'ResponseDate': '2023-03-09T10:44:08.53'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-25T09:52:17.3833333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:14:54.0266667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-01-25T13:27:15.0133333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-06T14:18:26.35'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-09T13:31:02.3433333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-04-07T09:18:57.14'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-04-19T11:39:22.6066667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-07T15:35:02.0166667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-29T22:58:40.82'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-24T19:42:48.06'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-21T11:35:58.51'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-02-07T15:47:55.0966667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-01-26T16:20:51.23'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-07T15:56:33.25'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-15T15:17:34.38'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T19:27:12.6966667'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T14:10:00.8866667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-30T17:05:00.9766667'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T11:49:09.3533333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-01T12:07:43.3266667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-15T12:03:56.7566667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:53:38.5033333'}, {'Id': 'CJW1', 'Name': 'Christopher J. Worrell', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CJW1', 'ResponseDate': '2023-03-08T16:26:16.7666667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1888/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1888) of Kenneth I. Gordon and others relative to the Massachusetts Paid Family Medical Leave Law. Labor and Workforce Development.
|
SECTION 1. Subsection (c) of section 3 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking clauses (i) and (ii) from the second sentence and inserting in place thereof the following three clauses after the colon appearing after the word "wage", at line 42:- (i) a temporary disability policy or program of an employer; (ii) a paid family, or medical leave policy of an employer; or (iii) a sick, vacation, personal time or other paid leave policy or program provided by the employer, including but not limited to any leave provided under a collective bargaining agreement.
SECTION 2. Subsection (a) of section 4 of chapter 175M, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-
When an employee requests leave under this chapter, or when the employer acquires knowledge that an employee's leave may be for a qualifying reason under this chapter, the employer must notify the employee of the employee's eligibility to take paid leave under this chapter within five business days, absent extenuating circumstances, by giving the employee the appropriate leave certification form as designated by the department, in the primary language of the employee.
SECTION 3. Subsection (a) of Section 4 of said chapter 175M, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-
When a covered contract worker requests leave under this chapter, or when the covered business entity acquires knowledge that a covered contractor worker’s leave may be for a qualifying reason under this chapter, the covered business entity must notify the worker of the worker’s eligibility to take leave under this chapter within five business days, absent extenuating circumstances, by giving the worker the appropriate leave certification form as designated by the department, in their primary language.
SECTION 4. Subsection (e) of section 7 of chapter 175M of the General Laws, as so appearing, is hereby amended by striking clause (vii) from the first sentence in the second paragraph and inserting in place thereof the following clause at the end of clause (vi), on line 92:-
(vii) overall claimant demographics by age, gender, race and ethnicity, the primary language of applicant, geography, average weekly wage, occupation, employment type (full or part-time or self-employed), and the type of leave taken;
And by striking the word “and” after the semicolon at the end of clause (xii), at line 100;
And by striking clause (xiii) and inserting in place thereof at the end of clause (xii), at line 100, the following:-
(xiii) the number of cases remaining open at the close of such year; (xiv) the number of businesses and total workforce headcount enrolled, and the number of businesses and total workforce headcount covered by private plans; and (xv) the length of time between a covered individual’s first day of leave and their first payment of benefits. Data in (ii) through (vi), (xi), and (xv) shall be disaggregated by age, gender, race and ethnicity, the primary language of the applicant, geography, average weekly wage, occupation, employment type, and the type of leave taken. Data in (iii) and (vi) shall be further disaggregated by the relationship between the claimant and family member. Data in (vi) shall be further disaggregated by year of birth or placement.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to amending the Massachusetts Paid Family Medical Leave Law definitions of a covered business entity and a covered contract worker
|
H1889
|
HD1064
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-11T15:08:24.18'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-11T15:08:24.18'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-22T12:49:33.6833333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-02-08T11:40:35.28'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-03-08T11:43:41.2433333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T12:57:28.7333333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-16T10:38:33.5733333'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-05T13:33:19'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-31T15:59:06.6966667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-08T09:38:45.2333333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-17T11:15:52.9766667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-07T17:12:43.63'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-23T17:43:48.9866667'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-21T11:36:53.1466667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-06-04T19:41:26.5466667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T15:54:29.16'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-30T13:30:08.27'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-08T10:24:04.85'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1889/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1889) of Kenneth I. Gordon and others relative to the definitions of covered business entity and covered contract worker under the Massachusetts Paid Family Medical Leave Law. Labor and Workforce Development.
|
SECTION 1. Section 1 of chapter 175M of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Covered business entity” at lines 24 through 27, and inserting in place thereof the following:-
“Covered business entity”, a business or trade whose workforce is comprised of 50 per cent or more individuals that it contracts with or receives services from who are not employees under the test set forth in section 2 of chapter 151A of the General Laws.
And by striking out the definition of “Covered contract worker” as so appearing, at lines 28 through 32, and inserting in place thereof the following:-
“Covered contract worker”, an individual who is not an employee under the test set forth in section 2 of chapter 151A of the General Laws and for whom an employer or covered business entity is required to remit contributions to the Family and Employment Security Trust Fund pursuant to section 6.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to establish a Massachusetts children’s cabinet
|
H189
|
HD2751
| 193
|
{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T11:31:34.757'}
|
[{'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-01-19T11:31:34.7566667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-30T10:21:11.5033333'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-30T10:21:09.3933333'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-21T13:31:34.29'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-07-06T15:01:13.63'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-03-28T14:42:00.2266667'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-03-30T16:05:31.9833333'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-07-18T09:53:58.3033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:59:12.2866667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-05-02T13:09:11.7466667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-05-04T13:04:25.46'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-06-26T18:23:37.74'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-07T16:27:25.7766667'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-03-27T16:59:03.97'}]
|
{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-19T11:31:34.757'}
|
http://malegislature.gov/api/GeneralCourts/193/Documents/H189/DocumentHistoryActions
|
Bill
|
By Representatives Khan of Newton and Cabral of New Bedford, a petition (accompanied by bill, House, No. 189) of Kay Khan, Antonio F. D. Cabral and others for legislation to establish a Massachusetts children’s cabinet. Children, Families and Persons with Disabilities.
|
Chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding, after section 16CC, the following section:-
Section 16DD. There shall be established within the executive office of the governor a children's cabinet. The cabinet shall include, but not be limited to: the secretary of administration and finance; the secretary of health and human services; the secretary of education; the secretary of labor and workforce development; the commissioner of the department of children, and families; the secretary of the department of housing and community development; the commissioner of the department of youth services; the commissioner of the department of transitional assistance; the commissioner of the department of mental health, the commissioner of the department of public health; the commissioner of the department of early education and care; the commissioner of the department of elementary and secondary education; the commissioner of the department of higher education; the commissioner of the department of development services; the director of the office of the child advocate; and the assistant secretary of health and human services for MassHealth; The cabinet shall be co-chaired by the secretary of health and human services and the secretary of education.
(a) The cabinet shall ensure that the public policy of the Commonwealth relating to children and youth is developed to promote interdepartmental collaboration and program implementation in order that services designed for children and youth are planned, managed, and delivered in a holistic and integrated manner to improve the children’s self-sufficiency, safety, economic stability, health, and quality of life. The cabinet shall:
i. Develop and implement a shared and cohesive vision using integrated services to improve child, youth, and family outcomes, including but not limited to issues relating to child poverty, educational preparedness, mental health, homelessness, foster care, juvenile justice, and the health, safety and welfare of children.
ii. Develop a strategic plan to achieve the goals of the shared and cohesive vision. The plan shall be centered upon a long-term commitment to children and youth issues and align all public resources to serve children and youth and their families in a manner that supports the healthy growth and development of children. The plan shall include a continuum of services that will benefit children from prenatal care through services for youth in transition to adulthood.
iii. Develop and implement measurable outcomes for each state department, agency, and program that are consistent with the strategic plan. The cabinet shall establish a baseline measurement for each outcome and regularly report on the progress made toward achieving the desired outcome.
iv. Design and implement actions that will promote collaboration, creativity, increased efficiency, information sharing, and improved service delivery between and within state governmental organizations that provide services for children and youth and their families and shall include the long-range planning process mandated by clause ii.
v. Recommend improvements to existing services and programs, as well as new programs to meet unmet needs, based on data on current levels of use and outcomes wherever possible and recommending evidence-based programs wherever possible and appropriate.
vi. Foster public awareness of children and youth issues and develop new partners in the effort to serve children and youth.
vii Create a children and youth impact statement for evaluating proposed legislation, requested appropriations, and programs. The impact statement shall be shared with the legislature.
viii. Identify existing and potential funding streams and resources for children’s services, including, but not limited to, public funding, foundation and organization grants, and other forms of private funding opportunities, including public-private partnerships.
ix. Develop a children and youth based budget structure and nomenclature that includes all relevant departments, funding streams, and programs. The budget shall facilitate improved coordination and efficiency, explore options for and allow maximization of federal financial participation, and implement the state’s vision and strategic plan.
x. Engage in other activities that will implement improved collaboration of agencies in order to create, manage, and promote coordinated policies, programs, and service delivery systems that support children and youth.
(b) The governor shall appoint an advisory committee that shall meet not less than four times a year and jointly with the children’s cabinet not less than two times a year. The advisory committee shall provide data-driven recommendations to address service gaps and regional equity concerns and will shall provide recommendations on coordinating services across the state. Members shall include the house and senate chairs of the joint committee on children, families and persons with disabilities, 6-4 representatives from family resource centers including representatives from the western, central, and southeastern regions of the state; the executive director of the children’s trust fund or their designee; the executive director of the parent/professional action league or their designee; the executive director of the center for health information and analysis or their designee; the director of the department of family and medical leave or their designee; a member of the Grandparents Raising Grandchildren Commission; the director of the Massachusetts cultural council or their designee; the executive director of the GLBTQ Legal Advocates & Defenders or their designee; the president of the Baker Center for Children and Families or their designee; the executive director of the Disability Law Center or their designee; an executive director of a non-profit child welfare agency; and an additional 5 members with backgrounds including, but not limited to, pediatricians or other health care professionals servicing children, early childhood educators, teachers, school administrators, parents, youth, and other relevant experts with attention to diversity reflecting the composition of the child population. The governor shall designate one of the members of the advisory committee to serve as chair.
(c) The children’s cabinet shall, by November 1 of each year, provide an annual report concerning its activities, the status of children and youth in the commonwealth, and progress towards achieving the goals outlined in this section to the governor, the legislature and the public. The report shall be filed with the clerks of the house of representatives and senate, the house and senate chairs of the joint committee on children, families and persons with disabilities; the joint committee on education; the joint committee on higher education; the joint committee on mental health and substance abuse; the joint committee on public health; the joint committee on health care financing and the house and senate committees on ways and means.
(d) The executive office of the governor shall provide administrative support and service to the cabinet. The cabinet shall meet at least four times each year and may solicit input from the public and any other individual offering testimony relevant to the issues considered. Each meeting must include a public comment session.
| null |
[]
|
[]
|
[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J13', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J13'}, 'Votes': []}]
|
[]
|
An Act relative to defense against abusive waivers
|
H1890
|
HD2513
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:55:57.14'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:55:57.14'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-01-25T14:55:33.5633333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-26T16:09:12.32'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T14:14:52.78'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-10T13:26:43.0533333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-20T21:43:41.25'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-08T14:54:55.3166667'}, {'Id': 'J_L1', 'Name': 'Jay D. Livingstone', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_L1', 'ResponseDate': '2023-02-14T15:30:51.1466667'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-02-21T16:03:52.5966667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T15:58:42.7966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-09T15:23:37.7133333'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-23T14:42:43.2533333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1890/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1890) of Kenneth I. Gordon and others relative to employment contracts waiving certain substantive or procedural rights or remedies. Labor and Workforce Development.
|
SECTION 1. Chapter 149 of the General Laws is hereby amended by adding the following section:-
Section 204. (a) Any provision in a contract waiving any substantive right or remedy, or any procedural right, remedy, standard or practice, that would otherwise apply to a claim of employment discrimination, retaliation or harassment, nonpayment of wages or benefits, or violation of public policy in employment, shall be unconscionable, void and unenforceable with respect to any such claim arising after the waiver is made. No right or remedy arising under this section, this chapter, chapter 151B, common law, the constitution or a rule of procedure may be prospectively waived. If a provision of a contract is found to be unconscionable, void or unenforceable under this section, the remaining provisions of the contract shall continue in full force and effect.
(b) Whoever requests an employee to agree to, enforces, or attempts to enforce a waiver found to be unconscionable, void or unenforceable under this section shall be liable for damages, reasonable attorneys’ fees and costs.
(c) No individual, employer or prospective employer shall take any retaliatory action including, without limitation, discharge, suspension, demotion, refusal to hire, or discrimination in the terms, conditions or privileges of employment, or any other adverse action, against an individual because the individual refuses to enter into a contract that contains a waiver that would be unconscionable, void or unenforceable under subsection (a).
An individual aggrieved by a violation of this subsection may, within 3 years after the violation, commence a civil action for damages and injunctive relief. If the court finds that an individual was aggrieved by a violation of this section, the individual shall recover reasonable attorneys’ fees and costs. The rights and remedies in this section shall not be exclusive and shall not preempt other available procedures and remedies for retaliatory actions including, but not limited to, those contained in section 150 and section 4 of chapter 151B.
(d) The attorney general may enforce this section if the substantive or procedural right or remedy at issue arises under section 150.
(e) The Massachusetts Commission Against Discrimination may enforce this section if the substantive or procedural right or remedy at issue arises under chapter 151B.
(f) An individual aggrieved by a violation of chapter 151B who seeks a remedy other than: (i) nonenforcement of a provision prohibited by this section; or (ii) reasonable attorneys’ fees and costs for enforcement of any provision of this section, shall seek such remedy under said chapter 151B.
(g) With respect to any agreement presented to an employee with the purpose of requiring the employee to bring to arbitration a matter that has not yet occurred purporting to apply to one or more claims of employment discrimination, retaliation or harassment or nonpayment of wages or benefits arising under this chapter or chapter 151B, or violation of public policy in employment, any party to the agreement may elect to void the agreement after the dispute has arisen. If a party elects to void an agreement requiring the employee to bring to arbitration a matter void under subsection (a), the remaining provisions of the contract shall continue in full force and effect, unless such remaining provision is void under subsection (a). The remedy contained in this subsection is duplicative of any remedies contained in subsections (a) and (c), and this subsection shall not be interpreted to limit the scope of any other part of this section. Any issue as to whether this section applies to a claim shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
(h) Nothing in this section shall expand or limit the use of collective bargaining agreements.
SECTION 2. Section 1 of this act shall apply to contracts executed on or after the effective date of this act.
| null |
[]
|
[]
|
[]
|
[]
|
An Act clarifying the prevailing wage act to protect actions by the attorney general
|
H1891
|
HD2822
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-18T13:25:48.767'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-18T13:25:48.7666667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-26T09:23:48.1733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1891/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1891) of Kenneth I. Gordon and Sal N. DiDomenico relative to the statute of limitations for certain prevailing wage act actions. Labor and Workforce Development.
|
SECTION 1. Section 27 of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word "27B" in line 68 and inserting in place thereof the following:- 27H
SECTION 2. Section 27 of Chapter 149 of the General Laws is hereby further amended by inserting after the word "benefits" in line 100 the following:-
;provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final.
SECTION 3. Section 27F of Chapter 149 of the General Laws is hereby amended by inserting after the word "benefits" in line 31 the following:-
;provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final.
SECTION 4. Section 27G of Chapter 149 of the General Laws is hereby amended by inserting after the word "benefits" in line 21 the following:-
;provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final.
SECTION 5. Section 27H of Chapter 149 of the General Laws is hereby amended by inserting after the word "benefits" in line 29 the following:-
;provided, however, that the 3 year limitation period shall be tolled from the date that the employee or a similarly situated employee files a complaint with the attorney general alleging a violation of any of these sections until the date that the attorney general issues a letter authorizing a private right of action or the date that an enforcement action by the attorney general becomes final.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to anti-retaliation protections for public employees
|
H1892
|
HD2846
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-19T16:43:42.21'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-19T16:43:42.21'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1892/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1892) of Kenneth I. Gordon relative to anti-retaliation protections for public employees. Labor and Workforce Development.
|
SECTION 1. Section 148A of Chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “employer” in line 1, the following:- as that term is defined in Section 148 of this Chapter
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to social media privacy protection
|
H1893
|
HD2850
| 193
|
{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:01:59.74'}
|
[{'Id': 'KIG1', 'Name': 'Kenneth I. Gordon', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KIG1', 'ResponseDate': '2023-01-10T12:01:59.74'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-01-31T14:59:50.2566667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1893/DocumentHistoryActions
|
Bill
|
By Representative Gordon of Bedford, a petition (accompanied by bill, House, No. 1893) of Kenneth I. Gordon and Michael J. Barrett relative to social media consumer privacy protection. Labor and Workforce Development.
|
SECTION 1. Chapter 15A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:-
Section 45. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Educational institution”, a public or private higher education institution located in the commonwealth.
“Personal social media account", a social media account, service or profile that is used by a current or prospective student exclusively for personal communications unrelated to any educational purpose of the educational institution; provided however, that “personal social media account” shall not include any social media account created, maintained, used or accessed by a student or prospective student for education related communications or for an educational purpose of the educational institution.
“Social media”, an electronic medium allowing users to create, share and view user-generated content including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or locations.
(b) An educational institution shall not:
(i) require, request or cause a student or applicant to disclose a user name, password or other means for access, or provide access through a user name or password, to a personal social media account;
(ii) compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add a person, including but not limited to, a coach, teacher, school administrator or other school employee or school volunteer, to the student’s or applicant’s list of contacts associated with a personal social media account;
(iii) require, request or cause an employee or applicant to reproduce in any manner, photographs, videos, or information contained within a personal social media account without cause to believe that such photographs, video, or information would interfere with an educational institution's right to enforce lawful school policies; or
(iv) take or threaten adverse action against a student or applicant, including but not limited to restraining the student’s participation in extracurricular activities, for refusing to disclose information specified in clause (i) or clause (iii) or for refusing to add a coach, teacher, school administrator or other school employee or school volunteer to a list of contacts associated with a personal social media account, as specified in clause (ii).
(c) This section shall not apply to information about a student or applicant that is publicly available.
(d) Nothing in this section shall limit an educational institution’s right to promulgate and maintain lawful policies governing the use of the educational institution’s electronic equipment, including policies regarding use of the internet, email or social media.
(e) An aggrieved student or prospective student may institute a civil action for damages or to restrain a violation of this section and may recover: (i) $1,000 for each request that violates clause (i) or (ii) of subsection (b); (ii) $1,000 for each adverse action, which violates clause (iii) of subsection (b), or actual damages, whichever amount is higher; (iii) punitive damages if a court determines that a violation was willful; and (iv) reasonable attorneys’ fees and other litigation costs reasonably incurred.
(f) Nothing in this section shall prevent the educational institution, after receipt of specific relevant information, from requesting access to a student’s personal social media account to ensure compliance with applicable state or federal laws, rules or regulations; legally mandated investigations of students’ actions; or judicial directives; provided, however, that an educational institution, prior to requesting access to a personal social media account, shall notify the student and the student’s parent or guardian, if a minor, of the grounds for the request and that the student is not required to give access to a personal social media account; and provided further, that (i) the educational institution has no other means of obtaining the relevant information; (ii) information gained from access to the student’s personal social media account shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access to a student’s personal social media account shall be limited to identifying relevant evidence. If a student does not permit access to a personal social media account, the educational institution shall not take or threaten adverse action against a student for refusing to permit access to said personal social media account.
SECTION 2. Chapter 71 of the General Laws is hereby amended by adding the following section:-
Section 97. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Educational institution”, a public or private institution providing elementary or secondary education located in the commonwealth.
“Personal social media account", a social media account, service or profile that is used by a current or prospective student exclusively for personal communications unrelated to any educational purpose of the educational institution; provided however, that “personal social media account” shall not include any social media account created, maintained, used or accessed by a student or prospective student for education related communications or for an educational purpose of the educational institution.
“Social media”, an electronic medium allowing users to create, share and view user-generated content including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or locations.
(b) An educational institution shall not:
(i) require, request or cause a student or applicant to disclose a user name, password or other means for access, or provide access through a user name or password, to a personal social media account;
(ii) compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add a person, including but not limited to, a coach, teacher, school administrator or other school employee or school volunteer, to the student’s or applicant’s list of contacts associated with a personal social media account;
(iii) require, request or cause an employee or applicant to reproduce in any manner, photographs, videos, or information contained within a personal social media account without cause to believe that such photographs, video, or information would interfere with an educational institution's right to enforce lawful school policies; or
(iv) take or threaten adverse action against a student or applicant, including, but not limited to, restraining the student’s participation in extracurricular activities, for refusing to disclose information specified in clause (i) or clause (iii) or for refusing to add a coach, teacher, school administrator or other school employee or school volunteer to a list of contacts associated with a personal social media account, as specified in clause (ii)
(c) This section shall not apply to information about a student or applicant that is publicly available.
(d) Nothing in this section shall limit an educational institution’s right to promulgate and maintain lawful policies governing the use of the educational institution’s electronic equipment, including policies regarding use of the internet, email or social media.
(e) An aggrieved student or prospective student may institute a civil action for damages or to restrain a violation of this section and may recover: (i) $1,000 for each request that violates clause (i) or (ii) of subsection (b); (ii) $1,000 for each adverse action, which violates clause (iii) of subsection (b), or actual damages, whichever amount is higher; (iii) punitive damages if a court determines that a violation was willful; and (iv) reasonable attorneys’ fees and other litigation costs reasonably incurred.
(f) Nothing in this section shall prevent the educational institution, after receipt of specific relevant information, from requesting access to a student’s personal social media account to ensure compliance with applicable state or federal laws, rules or regulations; legally mandated investigations of students’ actions; or judicial directives; provided, however, that an educational institution, prior to requesting access to a personal social media account, shall notify the student and the student’s parent or guardian, if a minor, of the grounds for the request and that the student is not required to give access to a personal social media account; and provided further, that (i) the educational institution has no other means of obtaining the relevant information; (ii) information gained from access to the student’s personal social media account shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access to a student’s personal social media account shall be limited to identifying relevant evidence. If a student does not permit access to a personal social media account, the educational institution shall not take or threaten adverse action against a student for refusing to permit access to said personal social media account.
SECTION 3. Chapter 75 of the General Laws is hereby amended by adding the following section:-
Section 48. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Personal social media account", a social media account, service or profile that is used by a current or prospective student exclusively for personal communications unrelated to any educational purpose of the University of Massachusetts; provided however, that “personal social media account” shall not include any social media account created, maintained, used or accessed by a student or prospective student for education related communications or for an educational purpose of the University of Massachusetts.
“Social media”, an electronic medium allowing users to create, share and view user-generated content including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or locations.
(b) The University of Massachusetts shall not:
(i) require, request or cause a student or applicant to disclose a user name, password or other means for access, or provide access through a user name or password, to a personal social media account;
(ii) compel a student or applicant, as a condition of acceptance or participation in curricular or extracurricular activities, to add a person, including but not limited to, a coach, teacher, school administrator or other school employee or school volunteer, to the student’s or applicant’s list of contacts associated with a personal social media account;
(iii) require, request or cause an employee or applicant to reproduce in any manner, photographs, videos, or information contained within a personal social media account without cause to believe that such photographs, video, or information would interfere with the University of Massachusetts's right to enforce lawful school policies; or
(iv) take or threaten adverse action against a student or applicant, including, but not limited to, restraining the student’s participation in extracurricular activities, for refusing to disclose information specified in clause (i) or clause (iii) or for refusing to add a coach, teacher, school administrator or other school employee or school volunteer to a list of contacts associated with a personal social media account, as specified in clause (ii).
(c) This section shall not apply to information about a student or applicant that is publicly available.
(d) Nothing in this section shall limit the University of Massachusetts’ right to promulgate and maintain lawful policies governing the use of the educational institution’s electronic equipment, including policies regarding use of the internet, email or social media.
(e) An aggrieved student or prospective student may institute a civil action for damages or to restrain a violation of this section and may recover: (i) $1,000 for each request that violates clause (i) or (ii) of subsection (b); (ii) $1,000 for each adverse action, which violates clause (iii) of subsection (b), or actual damages, whichever amount is higher; (iii) punitive damages if a court determines that a violation was willful; and (iv) reasonable attorneys’ fees and other litigation costs reasonably incurred.
(f) Nothing in this section shall prevent the University of Massachusetts, after receipt of specific relevant information, from requesting access to a student’s personal social media account to ensure compliance with applicable state or federal laws, rules or regulations; legally mandated investigations of students’ actions; or judicial directives; provided, however, that the University of Massachusetts, prior to requesting access to a personal social media account, shall notify the student and the student’s parent or guardian, if a minor, of the grounds for the request and that the student is not required to give access to a personal social media account; and provided further, that (i) the University of Massachusetts has no other means of obtaining the relevant information; (ii) information gained from access to the student’s personal social media account shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access to a student’s personal social media account shall be limited to identifying relevant evidence. If a student does not permit access to a personal social media account, the University of Massachusetts shall not take or threaten adverse action against a student for refusing to permit access to said personal social media account.
SECTION 4. Section 150 of chapter 149 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 40, the words “or 190” and inserting in place thereof the following words:- , 190, 192.
SECTION 5. Said chapter 149 is hereby further amended by adding the following section:-
Section 192. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Personal social media account” a social media account, service or profile that is used by a current or prospective employee exclusively for personal communications unrelated to any business purposes of the employer; provided however, that “personal social media account” shall not include any social media account created, maintained, used or accessed by a current or prospective employee for business purposes of the employer or to engage in business related communications.
“Social media”, an electronic medium allowing users to create, share and view user-generated content including, but not limited to, uploading or downloading videos or still photographs, blogs, video blogs, podcasts, messages, e-mails or internet website profiles or locations.
(b) An employer shall not:
(i) require, request or cause an employee or applicant to disclose a user name, password or other means for access, or provide access through a user name or password, to a personal social media account;
(ii) compel an employee or applicant, as a condition of employment or consideration for employment, to add a person, including but not limited to, the employer or an agent of the employer, to the employee’s or applicant’s list of contacts associated with a personal social media account;
(iii) require, request or cause an employee or applicant to reproduce in any manner, photographs, videos, or information contained within a personal social media account without cause to believe that such photographs, video, or information would interfere with an employer's right to enforce lawful workplace policies; or
(iv) take or threaten adverse action against an employee or applicant for refusing to disclose information specified in clause (i) or clause (iii) or for refusing to add the employer to a list of contacts associated with a personal social media account, as specified in clause (ii)
(c) This section shall not apply to information about an employee or applicant that is publicly available.
(d) Nothing in this section shall limit an employer’s right to promulgate and maintain lawful workplace policies governing the use of the employer’s electronic equipment, including policies regarding use of the internet, email or social media.
(e) Nothing in this section shall prevent an employer, after receipt of specific relevant information, from requesting to be provided, within a reasonable period of time, access to an employee’s personal social media account to ensure compliance with applicable state or federal laws, rules or regulations; legally mandated investigations of employees’ actions; judicial directives; or rules of self-regulatory organizations, as defined in the federal Securities Exchange Act of 1934, 15 U.S.C. § 78c (a)(26); provided, however, that an employer, prior to requesting access to a personal social media account, shall notify the employee of the grounds for the request; and provided further, that (i) the employer has no other means of obtaining the relevant information; (ii) information gained from access to the employee’s personal social media account shall be used solely for purposes of the investigation or a related proceeding; and (iii) any access to an employee’s personal social media account shall be limited to identifying relevant evidence.
(f) For purposes of this section, an intern, paid or unpaid, shall be considered an employee.
| null |
[]
|
[]
|
[]
|
[]
|
An Act clarifying the prevailing wage law
|
H1894
|
HD823
| 193
|
{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:40:18.173'}
|
[{'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-17T13:40:18.1733333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1894/DocumentHistoryActions
|
Bill
|
By Representative Gregoire of Marlborough, a petition (accompanied by bill, House, No. 1894) of Danielle W. Gregoire for legislation to place the inspection, testing and repair of fire protection systems under the prevailing wage law. Labor and Workforce Development.
|
SECTION 1. Section 27D of Chapter 149 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting, after the words “the installation of resilient flooring in” in line 5, the following words, “the inspection, testing and repair of fire protection systems.”
| null |
[]
|
[]
|
[]
|
[]
|
An Act providing worker compensation protection to emergency response and medical personnel related to COVID-19 infection
|
H1895
|
HD88
| 193
|
{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:16:15.88'}
|
[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:16:15.88'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-26T13:06:59.8633333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:06:59.8633333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:37:13.0066667'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:12:58.1366667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1895/DocumentHistoryActions
|
Bill
|
By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1895) of Christopher Hendricks and others relative to providing worker compensation protection to emergency response and medical personnel related to COVID-19 infections. Labor and Workforce Development.
|
Chapter 152 of the General Laws is hereby amended by inserting after section 7G the following section:
Section 7H: In any claim for compensation where the employee has been diagnosed with COVID-19, it shall be prima facie evidence that (i) the employee was performing his or her regular duties at the time of contracting COVID-19; (ii) the claim comes within the provisions of this chapter; and (iii) sufficient notice of the injury has been given. This section shall apply to health-care employees and non-medical employees at hospitals, chronic disease rehabilitation centers, nursing homes, rest homes, community health centers, psychiatric hospitals, out-patient health care facilities, health-care employees working in prisons and correctional facilities, at-home certified nursing assistants, at-home personal care assistants, emergency medical technicians, and paramedics.
| null |
[]
|
[]
|
[]
|
[]
|
An Act to modify weekly workers' compensation disability benefits
|
H1896
|
HD89
| 193
|
{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:14:29.11'}
|
[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:14:29.11'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-26T13:07:10.19'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:07:10.19'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:37:53.65'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1896/DocumentHistoryActions
|
Bill
|
By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1896) of Christopher Hendricks and others for legislation to modify weekly workers' compensation disability benefits. Labor and Workforce Development.
|
SECTION 1. Section 34 of chapter 152 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 3, the word “sixty” and inserting in place thereof the following figure:- 66.
SECTION 2. Section 34A of said chapter 152, as so appearing, is hereby amended by striking out, in lines 4 and 5, the word “two-thirds” and inserting in place thereof the following words:- 70 percent.
SECTION 3. Section 35 of said chapter 152, as so appearing, is hereby amended by striking out, in line 14, the words “two hundred sixty” and inserting in place thereof the following figure:- 520.
SECTION 4. Said section 35 of said chapter 152, as so appearing, is hereby further amended by striking out, in line 15 and lines 29 and 30, the words “five hundred twenty” and inserting in place thereof, in each instance, the following figure:- 780.
SECTION 5. Said section 35 of said chapter 152, as so appearing, is hereby further amended by striking out, in line 32, the words “three hundred sixty-four” and inserting in place thereof the following figure:- 520.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to fairness in worker’s compensation disfigurement benefits
|
H1897
|
HD90
| 193
|
{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:13:07.627'}
|
[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:13:07.6266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:38:22.8566667'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1897/DocumentHistoryActions
|
Bill
|
By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1897) of Christopher Hendricks and Brian W. Murray for legislation relative to fairness in workers' compensation disfigurement benefits. Labor and Workforce Development.
|
Section 36(k) of chapter 152 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 3, the words "fifteen thousand dollars" and inserting in place thereof the following words: 30 times the average weekly wage in the Commonwealth as determined pursuant to subsection (a) of section 29 of chapter 151A and by striking out in lines 4-6 the words “No amount shall be payable under this section for disfigurement that is purely scar-based, unless such disfigurement is on the face, neck or hands.”
| null |
[]
|
[]
|
[{'Action': 'Accompanied', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J43', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J43'}, 'Votes': []}]
|
[]
|
An Act relative to workers' compensation disfigurement benefits concerning scarring
|
H1898
|
HD91
| 193
|
{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:12:02.933'}
|
[{'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-05T10:12:02.9333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T13:07:26.9566667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-30T10:38:47.2333333'}, {'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-02-02T14:13:32.14'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1898/DocumentHistoryActions
|
Bill
|
By Representative Hendricks of New Bedford, a petition (accompanied by bill, House, No. 1898) of Christopher Hendricks and others relative to workers' compensation disfigurement benefits concerning scarring. Labor and Workforce Development.
|
Section 36 of chapter 152 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the words “or hands”, in line 82, and inserting in place thereof the following words:- ,distally to the elbows, or distally to the knees.
| null |
[]
|
[]
|
[]
|
[]
|
An Act relative to the notification of large job layoffs
|
H1899
|
HD1871
| 193
|
{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:04:02.81'}
|
[{'Id': 'djh1', 'Name': 'Daniel J. Hunt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/djh1', 'ResponseDate': '2023-01-17T20:04:02.81'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-08T11:11:29.0933333'}]
| null |
http://malegislature.gov/api/GeneralCourts/193/Documents/H1899/DocumentHistoryActions
|
Bill
|
By Representative Hunt of Boston, a petition (accompanied by bill, House, No. 1899) of Daniel J. Hunt and Michelle M. DuBois for legislation to require certain notices prior to plant closings or layoffs. Labor and Workforce Development.
|
SECTION 1. Section 71A of chapter 151A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 4, the word "voluntary."
SECTION 2. Section 71A of chapter 151A, as so appearing, is hereby further amended by inserting before the word “as,” in line 13, the following words:- “, or mass layoff"
SECTION 3. Section 71A of chapter 151A, as so appearing, is hereby further amended by inserting before the word “as,” in line 16, the following words: - “, or mass layoff”
SECTION 4. Section 71A of chapter 151A, as so appearing, is hereby further amended by inserting after the thirteenth paragraph the following paragraph:- "`Mass Layoff,' the reduction, during any 30 days, of an employer's workforce, within a single municipality or employment site, that is not the result of a plant closing or partial closing that affects either at least 25 workers and 25 percent of the workforce, or at least 200 workers."
SECTION 5. Section 71A of chapter 151A, as so appearing, is hereby further amended by striking out, in lines 48-49, the words “a significant number of employees of said facility” and inserting in place thereof the following words:- “at least 25 workers and 25 percent of the workforce, or at least 200 workers.”
SECTION 6. Section 71A of chapter 151A, as so appearing, is hereby further amended by inserting after the word “employer,” in line 81, the following words:- “, or employer performing a mass layoff.”
SECTION 7. Subsection (a) of section 71B of chapter 151A, as so appearing, is hereby amended by striking out subsection (a) and inserting in place the following subsection:-- (a) An employer may not order a plant closing, partial closing, or mass layoff unless 60 days prior to such plant closing, partial closing, or mass layoff, the employer gives written notice of the order to the commissioner, in such form and manner as the commissioner prescribes, such information as may be necessary to determine an employee's reemployment assistance benefits rights under section 71A to 71G, inclusive. An employer giving such notice shall include in its notice the elements required by the Worker Adjustment and Notification Act (29 U.S.C. Sec. 2101 et. Seq.). The commissioner, after making such inquiries and investigations as deemed necessary, shall certify whether a plant closing, partial closing, or mass layoff has occurred or will occur. (1) The commissioner shall certify that a plant closing has or will occur if the commissioner determines that at least ninety per cent of the employees of a facility have been or will be permanently separated within the six month period prior to the date of certification or within such other period as the commissioner shall prescribe; provided that, such period shall fall within six month period prior to the date of certification. The commissioner shall give notice of the determination regarding certification to the employer and if the employees are represented by a labor union to such union and to any other person or organization that the commissioner determines is an interested party. (2) The commissioner shall certify that a partial closing has or will occur if the commissioner determines that at least 25 workers and 25 percent of the workforce; or at least 200 workers have been or will be permanently separated within the six month period prior to the date of certification or within such other period as the commissioner shall prescribe; provided that, such period shall fall within six month period prior to the date of certification. The commissioner shall give notice of the determination regarding certification to the employer and if the employees are represented by a labor union to such union and to any other person or organization that the commissioner determines is an interested party. (3) The commissioner shall certify that a mass layoff has or will occur if the commissioner determines that at least 25 workers and 25 percent of the workforce; or at least 200 workers have been or will be permanently separated within the six month period prior to the date of certification or within such other period as the commissioner shall prescribe; provided that, such period shall fall within six month period prior to the date of certification. The commissioner shall give notice of the determination regarding certification to the employer and if the employees are represented by a labor union to such union and to any other person or organization that the commissioner determines is an interested party.
SECTION 8. Section 71B of chapter 151A, as so appearing, is hereby amended by inserting after subsection (c) the following subsections:--
(d) An employer who fails to give notice as required by this section before ordering a plant closing, partial closing, or mass layoff, is liable to each employee entitled to notice who lost his or her employment for: (1) Back pay at the average regular rate of compensation received by the employee during the last three years of his or her employment, or the employee's final rate of compensation, whichever is higher. (2) The value of the cost of any benefits to which the employee would have been entitled had his or her employment not been lost, including the cost of any medical expenses incurred by the employee that would have been covered under an employee benefit plan. (3) Liability under this section is calculated for the period of the employer's violation, up to a maximum of 60 days, or one-half the number of days that the employee was employed by the employer, whichever period is smaller.
(e) The amount of an employer's liability under subdivision (d) is reduced by the following: (1) Any wages, except vacation moneys accrued prior to the period of the employer's violation, paid by the employer to the employee during the period of the employer's violation. (2) Any voluntary and unconditional payments made by the employer to the employee that were not required to satisfy any legal obligation. (3) Any payments by the employer to a third party or trustee, such as premiums for health benefits or payments to a defined contribution pension plan, on behalf of and attributable to the employee for the period of the violation.
(f) Notwithstanding the requirements of subdivision (a), an employer is not required to provide notice if a plant closing, partial closing, or mass layoff, is necessitated by a physical calamity or act of war.
(g) An employer is not required to comply with the notice requirement contained in this section if the commissioner determines that all of the following conditions exist: (1) As of the time that notice would have been required, the employer was actively seeking capital or business. (2) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the plant closing, partial closing, or mass layoff. (3) The employer reasonably and in good faith believed that giving the notice required by this section would have precluded the employer from obtaining the needed capital or business.
(h) The commissioner may not determine that the employer was actively seeking capital or business under paragraph
(g) unless the employer provides the department with both of the following:(1) A written record consisting of all documents relevant to the determination of whether the employer was actively seeking capital or business, as specified by the commissioner. (2) An affidavit verifying the contents of the documents contained in the record.
(i) The affidavit provided to the commissioner pursuant to paragraph
(h) (2) of this section shall contain a declaration signed under penalty of perjury stating that the affidavit and the contents of the documents contained in the record submitted pursuant to paragraph (h)(1) of this section are true and correct.
SECTION 9. Chapter 151A, as so appearing, is hereby amended by striking out section 71C, and inserting in place thereof the following section: -- "Any proposed regulations to be issued pursuant to section 71B shall be filed with the clerk of the house and the clerk of the senate thirty days before publishing a notice of a public hearing, pursuant to section 2 of chapter 30A.
SECTION 10. Section 71D of chapter 151A, as so appearing, is hereby amended by inserting after the words “partial closings,” in line 5, the following words:-- “or mass layoff"
SECTION 11. Section 71F of chapter 151A, as so appearing, is hereby amended by inserting after the words "partial closing," in line 6, the following words:-- ", or mass layoff"
SECTION 12. This act shall take effect upon its passage.
| null |
[]
|
[]
|
[]
|
[]
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.