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An Act allowing movable tiny houses as permanent residential dwellings and accessory dwelling units

H1359

HD3487

{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-20T13:03:08.94'}

[{'Id': 'L_M1', 'Name': 'Lenny Mirra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_M1', 'ResponseDate': '2023-01-20T13:03:08.94'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-05-09T13:37:59.37'}, {'Id': 'JJC0', 'Name': 'John J. Cronin', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJC0', 'ResponseDate': '2023-02-15T09:43:47.9266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-07-27T08:00:52.26'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-02-23T13:37:32.97'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-03-10T19:20:46.1633333'}, {'Id': 'JDZ1', 'Name': 'Jonathan D. Zlotnik', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDZ1', 'ResponseDate': '2023-03-01T13:17:44.96'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1359/DocumentHistoryActions

Bill

By Representative Mirra of Georgetown, a petition (accompanied by bill, House, No. 1359) of Lenny Mirra and others relative to using movable tiny houses as permanent residential dwellings and accessory dwelling units. Housing.

SECTION 1. Section 1A of chapter 40A of the General Laws, as amended by chapter 358 of the acts of 2020, is hereby further amended by inserting after the definition of “MBTA community” the following definition:- “Movable tiny house", a transportable dwelling unit built on a frame or chassis with not more than 400 square feet, excluding lofts, projections from bay windows, open decks, porches or exterior utility and storage compartments, intended for residential use on an individual house lot where single-family dwellings are allowed or as an accessory dwelling unit; provided, however, that a “movable tiny house” shall be permanently affixed to a chassis approved by the Massachusetts Department of Transportation capable of carrying the total weight of the structure and the exterior width shall not exceed any dimension prohibited by the Massachusetts Department of Transportation for movement on a public way or highway; provided further, that a “movable tiny house” shall be built in conformance with the regulations and standards of the state building code but shall not be required to have insulation in walls and floors exceeding R-13 or in ceilings exceeding R-18. SECTION 2. Section 3 of said chapter 40A, as is hereby amended by adding the following 4 paragraphs:- The Massachusetts Department of Transportation, registry of motor vehicles and the secretary of the commonwealth shall establish a new category for movable tiny houses. The registry of motor vehicles shall establish a process to apply for, issue and cancel certificates of title for movable tiny houses that meet all additional safety and equipment requirements established by the registry of motor vehicles; provided, however, that the registration fee for said certificates of titles for movable tiny houses and manufactured movable tiny houses shall be $100. A movable tiny house may be placed on a lot as defined in section 1A of chapter 40A of the General Laws and lived in for not less than 180 days before an on-site inspection; provided, however, that after 180 days, a movable tiny house shall be required to have an established address, energy and water source and wastewater system; provided further, that after 180 days, the authority having jurisdiction of said lot shall provide for the inspection of the moveable tiny house by a certified member of a third-party inspection agency and if the moveable tiny house meets the standards of the inspection a certificate of occupancy shall be issued. Notwithstanding any general or special law to the contrary, a city or town may establish less restrictive rules and regulations than are permitted by this section; provided, however, that a city or town shall not establish design criteria having the effect of excluding movable tiny houses. A city or town may incentivize hosted parking of movable tiny houses with tax abatements or other tax incentives.

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An Act relative to accessibility at gas stations

H136

HD3692

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T14:13:36.63'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T14:13:36.63'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H136/DocumentHistoryActions

Bill

By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 136) of Daniel Cahill that the Office on Disability conduct a study of the accessibility to gas pumps and gas stations. Children, Families and Persons with Disabilities.

Notwithstanding the provisions of any general or special law to the contrary, the Office on Disability is hereby directed and authorized to conduct a comprehensive study to investigate accessibility to gas pumps at gas stations. Said study shall include, but not be limited to, compliance with the Americans with Disabilities Act’s assistance at self-service gas station guidelines. The Office on Disability shall provide an opportunity for interested parties to submit relevant testimony. The Office on Disability shall file a report of its study, including recommendations and drafts of any legislation, if necessary, with the clerks of the Senate and House of Representatives within one year of the effective date of this act.

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An Act to restore Boston’s governmentally-involved housing

H1360

HD598

{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-09T11:45:52.203'}

[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-09T11:45:52.2033333'}, {'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-02-13T09:34:46.5033333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-21T11:31:13.01'}, {'Id': 'LME0', 'Name': 'Lydia Edwards', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/LME0', 'ResponseDate': '2023-03-31T15:37:05.6'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1360/DocumentHistoryActions

Bill

By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1360) of Samantha Montaño, Rob Consalvo and Vanna Howard (with the approval of the mayor and city council) relative to governmentally-involved housing in the city of Boston. Housing. [Local Approval Received.]

WHEREAS, Boston continues to face a housing crisis, and it is incumbent that the City preserve its affordable housing market; and WHEREAS, As of 2021,There are 30,435 privately-owned, subsidized apartments in Boston, and close to 2,000 have been converted to high market rents; and WHEREAS, According to an April 2021 report by the Community Economic Development Assistance Corporation (CEDAC), 928 apartments in Boston are at risk of conversion to market rate by 2022, including the Forbes Building in Jamaica Plain and Babcock Towers in Brighton; and WHEREAS, Last year, the owner of the Forbes Building announced a plan to convert 147 apartments affordable to low-income senior and disabled tenants into market-rate housing, putting tenants and the community at risk; and WHEREAS, According to Mayor Marty Walsh’s "Housing a Changing City" Report, 3,038 apartments are at elevated risk for conversion into market-rate housing within the next ten years; and WHEREAS, A significant nụmber of these units are in some of the City's highest-priced neighborhoods where the financial incentives for developers to convert to market rate are high; and; NOW, THEREFORE BE IT ORDERED: That a petition to the General Court, accompanied by a bill for special law relating to the City of Boston to be filed with an attested copy of this order be, and hereby is, approved under Clause 1 of Section 8 of Article II, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted providing precisely as follows, except for clerical or editorial changes of form only: SECTION 1. Whereas, a serious public emergency exists with respect to the housing of citizens in Boston residing in governmentally-involved housing, inasmuch as there is a threat that many low income individuals and families residing in such housing, particularly those elderly and disabled, may be threatened with displacement as a result of prepayment of mortgage financing, loss of use restrictions, expiring subsidy contracts, and expected increases in rent, and there is a threat that affordable housing stock will be lost due to expiration of ușe restrictions and subsidy contracts and such prepayment, further exacerbating an extreme housing shortage within the city for low income families and voters, and whereas , in approving Chapter 40P of the General Laws, the voters did not exempt such housing from protection or regulation and whereas it is the city's policy to encourage owners of this governmentally-involved housing to accept incentives to keep such housing affordable and avert displacement, that such emergency should be met by the city of Boston immediately; therefore, this act is declared to be in the public interest. SECTION 2. (A) Notwithstanding the provisions of any general or special law to the contrary, including, without limitation, the provisions of Chapter 40P of the General Laws and Chapter 282 of the Acts of 1994, for so long as the City Council of Boston shall determine that the circumstances described in Section 1 hereof continue to exist, the City of Boston shall by ordinance regulate the rent for the use or occupancy of governmentally--involved or formerly governmentally-involved housing to the extent such regulation is not preempted by federal law or by Section six of Chapter 708 of the Acts of 1966 as amended, once the basis for federal or state rent regulation or preemption no longer exists. For purposes of this act,"governmentally-involved housing" is defined as housing units which the United States, the Commonwealth or any authority created under the laws thereof (i) insures the mortgage thereon, or owns, operates, finances, or subsidizes such housing units, and (ii) regulates the individual rents thereof, including without limitation housing units constructed or rehabilitated pursuant to Section 202 of the Housing Act of 1959, as amended (12 U.S.C. $ 17019), Sections 221 (d) and 236 of the National Housing Act, as amended (12 U.S.C. $ $ 17151(d) or 17152-1), Section 811 of the Cranston-Gonzalez National Affordable Housing Act, as amended (42 U.S.C. $ 8013), or Section 13A of Chapter 708 of the Acts of 1966, added by Section 10 of Chapter 855 of the Acts of 1970, as amended (M.G.L. c. 23AApp. 91-13A), or housing units financed or subsidized pursuant to project-based programs for low income persons under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. $ 1437f), or the project-based Massachusetts Rental Voucher Program, so-called (see line item 7004-9004 of Section 2 of Chapter 159 of the Acts of two thousand, as well as 760 C.M.R. Part 49.00), or housing units with mortgage insurance under Sections 207 or 220 of the National Housing Act, as amended, and subject to a rent regulatory agreement or other controls pursuant to applicable law with the Boston Planning and Development Agency, but not including the following: (1) housing units owned or acquired by the City of Boston through tax foreclosure; (2) except for publicly owned dwelling units or units that are financed or subsidized with project-based Section 8, housing units in a one-to-four family building or structure that are not part of larger housing development, whether on one or more sites; (3) structures containing housing units subsidized with mobile tenant-based rental assistance that would not otherwise come within the definition of governmentally-involved housing; (4) public housing owned or operated by a local housing authority under Chapter 121B of General Laws, the United States Housing Act of 1937 (42 U.S.C. $ $ 1487a et seq.), or any successor act or public housing programs formerly assisted under the United States Housing Act of 1937; (5) housing units that received mortgage insurance pursuant to Sections 207 or 220 of the National Housing Act but not subject to a rent regulatory agreement or other controls with the Boston Planning and Development Agency, as well as housing units that received mortgage insurance pursuant to Section 608 of the National Housing Act, regardless of whether there was a rent regulatory agreement or other controls with the Boston Planning and Development Agency or not; (6) housing units that received mortgage insurance pursuant to Section 221(d) of the National Housing Act and which never received a federal or state subsidy or below-market interest rate mortgage subsidy; and (7) housing units where the sole government involvement is the owner's participation in federal, state, or municipal funded programs for home repairs, energy conservation, or lead paint abatement. For the purpose of this act, "formerly governmentally-involved housing" is defined as housing that was governmentally-involved housing as of July 1, 1994, or which becomes governmentally-involved housing after July 1, 1994, but which then no longer is owned, operated, financed, subsidized, mortgage-insured, or rent-regulated by the United States, the Commonwealth, or any authority created under the laws thereof, provided that "formerly governmentally-involved housing" shall include any housing receiving subsidy under Section 8(t) of the United States Housing Act of 1937 (42 U.S.C. § 1437f(t)). For the purpose of this act, "low-income" is defined as annual household income, which is eighty percent or less of the median income for the area as determined by the United States Department Of Housing and Urban Development, with adjustments for smaller and larger families. The City of Boston shall, by ordinance, create an official body designated by the Mayor to establish as the maximum rent for the governmentally-involved and formerly governmentally involved housing units the rent in effect therefore on July 1, 1994, or six months before the basis of federal or state rent regulation or preemption lapsed, whichever is later, adjusted to insure such rent provides a fair net operating income as of the date of the official body's decision, provided, however, said ordinance shall authorize the official body to make individual adjustments in such maximum rents as may be necessary to remove hardships or to correct other inequities, the official body shall observe the principle of maintaining maximum rents for such housing units at levels which will yield to owners a fair net operating income from such housing units. In determining whether the maximum rent for such housing units yields a fair net operating income, due consideration shall be given to, among other relevant factors; (1) increases in property taxes; (2) unavoidable increases in operating and maintenance expenses; (3) major capital improvement of the housing units, distinguished from ordinary repair, replacement, and maintenance; (4) increases or decreases in living space, services, furniture, furnishings, or equipment; and (5) substantial deterioration of the housing units, other than ordinary wear and tear or failure to perform routine repair, replacement, or maintenance. (B) Such ordinance shall provide that no person shall bring an action to recover possession of a governmentally-involved housing unit, or of a formerly governmentally-involved housing unit, to the extent that such regulation is not otherwise preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 as amended, unless: (1) The tenant has failed to pay the rent to which the owner is entitled; (2) The tenant has violated an obligation or covenant of tenancy not inconsistent with Chapter 93A of the General Laws or this act other than the obligation to surrender possession upon proper notice and has failed to cure the violation after having received the written notice; (3) The tenant is causing, committing, or permitting a nuisance in or substantial damage to the housing unit or is creating significant interference with the comfort, safety, or enjoyment of the owner or other occupants of the same or any adjacent unit; (4) The tenant has used or permitted use of a housing unit for illegal purposes; (5) The tenant, who had a written lease or rental agreement which has terminated, has refused, after written requests or demands by the owner, to execute a written extension or renewal thereof for a further term of like duration on terms not inconsistent with or violative of any provision of this act; (6) The tenant has refused the owner reasonable access to the housing unit for the purpose of making necessary repairs or improvements required by law, or for the purpose of inspection as permitted or required by the lease or law, or to show the housing unit to a prospective purchaser or mortgagee; (7) The tenant holding at the end of a lease term is a subtenant not approved by the owner; or (8) The owner seeks to recover possession for any other just cause not in conflict with the provisions and purposes of this act or Chapter 93 A of the General Laws. The provisions of this Section shall be construed as additional restrictions on the right to recover possession of such housing units. (C) Such ordinance shall also provide that no person shall remove any governmentally involved or formally governmentally-involved housing accommodation from low-income rental housing use (including but not limited to sale, lease, or other disposition of the property which may have such an effect), or convert such property to a condominium, without first obtaining a permit for that purpose from the official body, to the extent that such provision is not preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 as amended. Such permit may be subject to terms and conditions not inconsistent with the purposes and provisions of this act, including, without limitation, (a) incentives to continue in effect the low-income restrictions previously in place for the property and (b) where the sale, lease, or disposition of the property may result in the loss of all or a portion of the property for low--income rental housing use, the right of an incorporated tenants association in such housing, the city of Boston, the Boston Housing Authority, non-profit community development corporations, or other equivalent bona fide non-profit organizations to negotiate for, acquire and operate such property on substantially equivalent terms and conditions as offered or available to a bona fide third-party purchaser. (D) To the extent not preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 amended, such ordinance shall require that owners of governmentally-involved housing, or formerly governmentally-involved housing, affirmatively seek out and accept any prospective governmental housing resources, whether tenant-based or project-based, which maximize affordability of the housing units consistent with the income character of the property a the owner a right to obtain a fair net operating income for the housing units, provided that the City shall assist owners by identifying such governmental housing resources. (E) To the extent not preempted by federal law or Section 6 of Chapter 708 of the acts of 1966 as amended, and so long as such regulation is consistent with the owner's right to obtain a fair net operating income, such ordinance shall also provide that the City may establish local preferences, priorities, and income limits for admission to governmentally-involved housing or former governmentally-involved housing upon unit turnover, consistent, to the extent with the income profile of the property twelve months before the date of the loss or rent preemption or the decision not to renew an expiring subsidy contract. No ordinance or regulation shall require an owner to create a tenancy involving any person with a history of conduct that would, if repeated, be grounds for eviction from such housing. The official body may approve an alternative plan requested by the owner, consistent with the provisions of this Act. (F) Such ordinance shall also provide that the official body may grant exemptions and exceptions to the general provisions of this act when such action would tend to maintain or increase the supply of affordable housing in Boston, including, without limitation, promoting the sale of properties to tenant organizations or non-profit community development corporations under terms and conditions which would tend to maintain the income character of the property. (G) Such ordinance shall provide that the official body may promulgate such rules, regulations, and orders as it may deem necessary to effectuate the purposes of this act and the ordinance. The official body may hold hearings on any matters within its authority under this act and ordinance. Any hearings regarding matters related to regulation of rents or removal permits for governmentally-involved or formerly governmentally-involved housing or regarding compliance with other provisions of this act or the ordinance, orders, rules, or regulations adopted or promulgated hereunder shall be conducted by the official body in accordance with the provisions of Section 11 of Chapter 30A of the General Laws except that requirements (7) and (8) of Section 11 shall not apply to such hearings. (H) All decisions of the official body may be appealed to the housing court department of the trial court, City of Boston division, by any person aggrieved thereby, whether or not previously a party in the matter, within sixty calendar days after notice of such decision. Judicial review of adjudicatory decisions shall be conducted in accordance with Section 14 of Chapter 30A to the General Laws. Judicial review of regulations shall be conducted in accordance with Section 7 of Chapter 30A of the General Laws. The housing court department of the trial court, city of Boston division, shall have jurisdiction to enforce the provisions hereof and any ordinance, rule or regulation adopted hereunder, and on application of the official body or any aggrieved person may restrain or enjoin violations of any such ordinance, rule, or regulation. In the interests of justice, the court may allow any necessary parties to be joined in or to intervene in any action brought hereunder and may, in its discretion, allow or require an action to proceed as a class action, SECTION 3. It shall be unlawful for any person to do or omit to do any action in violation of this act or any order, ordinance, rule, or regulation adopted or promulgated hereunder; whoever willfully violates any provision of this act or any order, ordinance, rule or regulation adopted or promulgated hereunder or whoever makes a false statement in any testimony before the official body or its agents, or whoever knowingly supplies the official body with false information shall be punished by a fine of not more than five hundred dollars; provided, however, that in the case of a second or subsequent offense, or where the violation continues after notice thereof, such person shall be punished by a fine of not more than two thousand dollars. SECTION 4. The provisions of this act are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. SECTION 5. The provisions of M.G.L. c. 40P shall not apply to any ordinance adopted under this authority. SECTION 6. This act shall take effect upon passage.

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An Act enabling municipal housing agencies to enter enforceable deed restriction agreements with small property owners in good standing as part of zoning variance approval

H1361

HD902

{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-10T11:39:31.02'}

[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-10T11:39:31.02'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1361/DocumentHistoryActions

Bill

By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1361) of Samantha Montaño for legislation to enable municipal housing agencies to enter enforceable deed restriction agreements with small property owners in good standing as part of zoning variance approval. Housing.

Chapter 40 of the General Laws is hereby amended by inserting after section 60B the following section:- Section 60C. (a) As used in this section the following terms shall, unless the context clearly appears otherwise, have the following meanings:- “Affordable housing”, a deed restricted unit affordable to and occupied by individuals and families whose annual income is less than 50 per cent of the area-wide median income as determined by the United States Department of Housing and Urban Development for the city or town in which the land lies and where rent or mortgage payments are not more than 35 percent of household income. “Affordable housing restriction”, a right for 20 or more years, notwithstanding chapter 184A, whether or not stated in the form of a restriction, easement, covenant or condition in any deed, mortgage, will, agreement, or other instrument executed by or on behalf of the owner of the real property containing the deed restricted unit appropriate to limit the use of such dwelling unit for affordable housing and recorded in the registry of deeds in which the land lies. While under affordable housing restriction, deed restricted units under this section are eligible to be counted on the so called 40B subsidized housing inventory administered by the department of housing and community development. “Deed restricted unit”, a newly renovated dwelling unit subject to an affordable housing restriction pursuant to an agreement executed by the municipality and the property owner under this section. “Newly renovated”, a dwelling unit constructed, redeveloped, renovated or developed pursuant to a by law, ordinance or zoning variance by a city or town provided for in subsection (b). (b) A city or town accepting this section in the manner provided in section 4 of chapter 4 may, notwithstanding any law to the contrary, provide through by-law, ordinance or zoning variance for the addition of newly renovated dwelling units in an existing building containing less than 10 dwelling units; provided, that such newly renovated dwelling units are subject to subsection (c). (c) A property owner adding a newly renovated dwelling unit pursuant to subsection (b) shall enter into an affordable housing agreement with the municipality in which the land lies. Notwithstanding any law to the contrary, the agreement shall provide for an enforceable zoning variance for additional newly renovated dwelling units. The agreement shall include: (i) a payment of a sum of money to be agreed upon by the municipality and the property owner based on the fair market value of the improved property, notwithstanding any affordability covenant, and deposited into the municipality’s affordable housing trust fund adopted pursuant to section 55C of chapter 44;(ii) additional newly renovated deed restricted units with recorded affordable housing restrictions pursuant to this section; or (iii) both (i) and (ii). (d) The chief executive officer of a city or town shall hold, monitor and enforce the affordable housing restriction on a deed restricted unit or, designate a nonprofit organization created pursuant to chapter 180 to hold, monitor or enforce such restrictions. In the case that a municipality designates a nonprofit, the nonprofit shall be compensated by the municipality. (e) The municipality shall establish rules and guidelines for granting a variance under this section. The affordable housing agreement in subsection (c) shall also provide for, and explicitly state, penalties for its noncompliance.

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An Act to secure housing for returning citizens

H1362

HD1728

{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-13T17:53:38.213'}

[{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-13T17:53:38.2133333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T10:09:47.1733333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-02T13:44:02.73'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-03-31T15:36:30.9266667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-03T13:58:00.69'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-05-03T13:57:29.8433333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-07-11T13:28:18.99'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-07-11T13:27:37.9366667'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-07T12:06:49.61'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1362/DocumentHistoryActions

Bill

By Representative Montaño of Boston, a petition (accompanied by bill, House, No. 1362) of Samantha Montaño, Lindsay N. Sabadosa and Mindy Domb that the Department of Housing and Community Development provide for programs, policies, guidelines, priorities and preferences for the housing of formerly incarcerated persons reentering communities. Housing.

SECTION 1. Section 16I of chapter 6A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “secretary”, in line 30, the following words:- and (iv) costs associated with the reentry and formerly incarcerated persons program established in section 31 of chapter 23B. SECTION 2. Chapter 23B of the General Laws is hereby amended by adding the following section:- Section 31. (a) There shall be a reentry and formerly incarcerated persons program administered by the department. The department shall be the central coordinating agency for the program. The department, in coordination with the department of correction, the office of probation, and the parole board shall help incarcerated people: (i) understand housing options before and after their release; (ii) find pathways to both short-term and permanent housing; and (iii) receive financial supports, such as housing vouchers, from the state. For the purposes of this section the term “understand housing options” shall include: (i) an ongoing effort by the department to evaluate and ensure such understanding; (ii) the department’s establishment of tools for instruction of such understanding; and (iii) evaluating outcomes in the understanding of housing options for incarcerated people. Such tools and evaluations shall include oral and written surveys, and setting guidelines and goals for measurable success based on the frame of reference of a formerly incarcerated person. The department shall partner with established community-based organizations with a record of working with reentry of incarcerated and formerly incarcerated persons to assist with positive outcomes and impacts. Such community-based organizations should prioritize including affected populations, such as formerly incarcerated persons and their families, in the leadership of their organization. The department, in coordination with other relevant state agencies, shall provide for housing, supportive programs, and oversight of housing formerly incarcerated persons in any housing receiving funds administered by any state agency or regulated by the department. The department shall develop and implement outcome-based measurements for the success of such housing, supportive programs, and oversight. (b) For any funds administered by the department, any state agency, or any state authority for the purposes of providing for affordable housing, the department shall review the implementation of the program and the expenditure of funds, including tax expenditures, for the program no less than annually. The department’s review shall include, but not be limited to: (i) The number and demographic data of persons served by the program; (ii) The compliance of each beneficiary of state funds for the purposes of the program and the state funds received regarding the preferences for persons served by the program; and (iii) Any opportunities to improve the effectiveness of the program in meeting its purposes, intent or goals based on feedback and data gathered from formerly incarcerated persons, persons currently experiencing housing instability related to former incarceration, and community-based organizations, staff participants, and partner agencies that serve such persons. (c) Annually, the department shall submit a report of its review of the program, including but not limited to, the program’s impacts and outcomes to the joint committee on housing and the joint committee on community development and small businesses and the clerks of the house of representatives and the senate. SECTION 3. Subsection (a) of section 3 of chapter 23G of the General Laws is hereby amended by adding the following clause:- (36) to provide for and assist any agency or authority of the commonwealth in providing housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 4. Section 19 of said chapter 23G is hereby amended by inserting after the word “housing”, in line 29, the following words:- ; provided that, such housing project assisted by the agency shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 5. Subsection (b) of section 60 of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “AMI”, in lines 121 and 125, the following words:- provided that, for any housing units assisted under this section, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 6. Subsection (c) of section 60B of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “agreement”, in line 80, the following words:- provided that, for any residential units constructed under this section, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 7. Section 20 of chapter 40B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “affected”, in line 25, the following words:- provided however, that the regional need shall include affordable housing for reentry housing for low and moderate-income incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 8. Section 4 of chapter 40H of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after clause (g) the following clause:- (g½) to provide for and assist any CDC, state agency or state authority in providing housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 9. Clause (i) of the first paragraph of section 5 of said chapter 40H, as so appearing, is hereby amended by inserting after the word “housing”, in line 24, the following words:- ; provided that, such project shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 10. Section 1 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “rate”, in line 24, the following words:- provided however, that any such housing development shall include a priority for the housing of low and moderate-income incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons in any such development. SECTION 11. Section 6 of chapter 40R of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “housing”, in line 27, the following words:- provided however, that such ordinance or by-law shall include a priority for the housing of low and moderate-income incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons in any such projects. SECTION 12. Subsection (a) of section 4 of chapter 40V of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after clause (i) the following clause:- (ii) provides that, for any residential units constructed under this chapter, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 13. The definition of “Community housing” in section 2 of chapter 44B of the General Laws is hereby amended by adding the following sentence:- Community housing shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 14. Subsection (s) of section 6 of chapter 62 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:- (7) In allocating tax credits pursuant to this section or the federal Low Income Housing Tax Credit program of the Tax Reform Act of 1986, the department shall include in its Qualified Allocation Plan a requirement of a priority and preference for all applications for credits for reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 15. Section 31H of chapter 63 of the General Laws, as so appearing, is hereby amended by adding the following subsection:- (k) In allocating tax credits pursuant to this section or the federal Low-Income Housing Tax Credit program of the Tax Reform Act of 1986, the department shall establish in its Qualified Allocation Plan a requirement of a priority and preference category for all applications for credits for reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 16. Section 32 of chapter 121B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word “regulations”, in line 144, the following words:- ; and (4) persons released from a correctional facility within the last 2 years. SECTION 17. Subsection (b) of section 3 of chapter 121D of the General Laws is hereby amended by adding the following paragraph:- The fund shall provide for a requirement of a priority and preference category for all applications for any expenditure from the fund, to an organization, for reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 18. Subsection (a) of chapter 121E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “individuals”, in line 11, the following words:- and reentry housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 19. Subsection (a) of section 3 of chapter 121F of the General Laws, as so appearing, is hereby amended by inserting after the word “income” in line 35, the following words:- ; and provided further that for such persons, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 20. Section 3 of chapter 121G of the General Laws, as so appearing, is hereby amended by inserting after the word “regulations”, in line 17, the following words:- ; provided that, for any housing units funded under this section, there shall be a priority for housing incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 21. Section 4A of chapter 708 of the acts of 1966 is hereby amended by adding the following paragraph:- (q) Provide for and assist any agency or authority of the commonwealth in providing housing opportunities for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 22. Section 7 of chapter 708 of the acts of 1966 is hereby amended by adding the following sentence:- Notwithstanding any other provision of this section, tenant selection plans shall include a priority and preference for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons. SECTION 23. Section 1 of chapter 99 of the acts of 2020 is hereby amended by inserting after the words “with disabilities” the following words:- ; to create reentry housing opportunities for incarcerated persons about to be released from a correctional facility and affordable housing units for formerly incarcerated persons. SECTION 24. Section 2 of chapter 99 of the acts of 2020 is hereby amended in item 7004-0058 by adding the following words:- ; provided further, that there shall be a priority for such beneficiaries who are incarcerated persons about to be released from a correctional facility and who are formerly incarcerated persons. SECTION 25. Notwithstanding any general or special law, rule or regulation to the contrary the department, in its capacity as a public housing agency shall, pursuant to section 3202 of Public Law 117-7, the American Rescue Plan Act of 2021, implement a priority for emergency housing vouchers for incarcerated persons about to be released from a correctional facility and for formerly incarcerated persons.

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An Act relative to the display of the flag of the United States by condominium unit owners

H1363

HD800

{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:19:48.603'}

[{'Id': 'DKM1', 'Name': 'David K. Muradian, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DKM1', 'ResponseDate': '2023-01-17T13:19:48.6033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1363/DocumentHistoryActions

Bill

By Representative Muradian of Grafton, a petition (accompanied by bill, House, No. 1363) of David K. Muradian, Jr., relative to the display of the flag of the United States by certain condominium owners. Housing.

Chapter 183A of the General Laws is hereby amended by adding the following section:- Section 24. (a) For the purposes of this section, the term `flag of the United States' has the meaning given the term `flag, standard, colors, or ensign' under section 3 of title 4 of the United States Code. (b) No corporation, trust or unincorporated association provided for in the master deed for the management and regulation of a condominium shall prohibit a unit owner from: (i) flying or displaying the flag of the United States on a flagpole, base or stand affixed to the unit in a limited common area where the unit owner has a right of exclusive possession or use; or from (ii) displaying an official flag of the United States Armed Forces or a Prisoner of War/Missing in Action flag in a window of the unit; provided, that any such flag shall be no larger than 4.5 feet by 6 feet in size; provided, further, that the display or use is not inconsistent with any provision of chapter 1 of title 4 of the United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States; and provided, further, that such flag does not obstruct the sightlines of other unit owners and is not erected within or upon an easement restricting or prohibiting such erection and display of the flag. (c) No corporation, trust or unincorporated association provided for in the master deed for the management and regulation of a condominium shall enter into an agreement with a unit owner that would restrict or impair their right to display the flag of the United States or of the United States Armed Forces, or Prisoner of War/Missing in Action pursuant to this section.

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An Act to ensure protections for residents in condominium conversions

H1364

HD3845

{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-20T14:51:37.013'}

[{'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-20T14:51:37.0133333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-04T22:24:51.2933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T13:24:46.0366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1364/DocumentHistoryActions

Bill

By Representative Nguyen of Andover, a petition (accompanied by bill, House, No. 1364) of Tram T. Nguyen and Steven Owens relative to residents in condominium conversions. Housing.

SECTION 1. Section 3 of chapter 527 of the acts of 1983 is hereby amended by striking out the following words from the definition of “Housing accommodation”:- (iii) buildings containing fewer than four residential units, except for buildings which are part of a housing development as defined herein.

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An Act facilitating the appropriation and expenditure of community preservation funds for community housing purposes in the town of Chatham

H1365

HD1524

{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T09:32:14.487'}

[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-18T09:32:14.4866667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-20T15:17:00.4666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1365/DocumentHistoryActions

Bill

By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 1365) of Sarah K. Peake (by vote of the town) relative to the appropriation and expenditure of community preservation funds for community housing purposes in the town of Chatham. Housing. [Local Approval Received.]

Section 1: Notwithstanding the definition of “moderate income housing” set forth in the fifteenth paragraph of section 2 of chapter 44B of the Massachusetts General Laws, the Town of Chatham, upon recommendation of its community preservation committee, may appropriate and expend community preservation funds for purposes of community housing for those persons and families whose annual income is less than 200 per cent of the area-wide median income. Section 2: This act shall take effect upon passage.

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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J28', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J28'}, 'Votes': []}]

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An Act establishing a housing trust fund in the town of Chatham

H1366

HD1530

{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:24:19.607'}

[{'Id': 'SKP1', 'Name': 'Sarah K. Peake', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SKP1', 'ResponseDate': '2023-01-11T16:24:19.6066667'}, {'Id': 'JAC0', 'Name': 'Julian Cyr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAC0', 'ResponseDate': '2023-06-20T15:17:05.5766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1366/DocumentHistoryActions

Bill

By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 1366) of Sarah K. Peake (by vote of the town) that the town of Chatham be authorized to establish a housing trust fund in said town. Housing. [Local Approval Received.]

SECTION 1. There shall be a municipal trust to be known as the Chatham Housing Trust. The purpose of the trust is to provide for the creation and preservation of both affordable and attainable housing in Chatham for the benefit of year-round residents of the town. For purposes of this act, “affordable housing” is defined as housing developments that meet the needs of households with incomes up to 100 per cent area median household income as most recently determined by the United States Department of Housing and Urban Development, adjusted for household size and “attainable housing” is defined as housing developments that meet the needs of households with incomes up to 200 per cent of the area median household income as most recently determined by the United State Department of Housing and Urban Development, adjusted for household size. SECTION 2. (a) The trust shall be managed by a 7-member board of trustees appointed by the select board which board of trustees, upon appointment, shall take the place of, and assume the statutory powers and duties of, the Chatham Affordable Housing Trust board of trustees created and appointed pursuant to the provisions of Section 55C of Chapter 44 of the General Laws. In selecting members of the board of trustees, the select board shall: (i) designate 2 of its members to serve on the board of trustees; (ii) appoint 1 member of the Chatham Community Housing Partnership to serve on the board of trustees; and (iii) appoint the remaining 4 members to the board of trustees from the community at large, considering a broad range of expertise, including education and experience in real estate development and financing. (b) Members of the board of trustees shall be sworn to the faithful performance of their official duties. A majority of the 7 members shall constitute a quorum for the transaction of any business. The board of trustees shall elect from among its members a chairman, vice-chairman, clerk, and such other officers as it shall deem necessary, and shall determine their respective duties. (c) The original members of the board of trustees shall be appointed within 60 days following the effective date of this act. The term of each appointment shall be established by the select board or pursuant to a bylaw adopted hereunder. In the event of a vacancy on the board of trustees, a successor member shall be appointed to complete the unexpired term. (d) Any member of the board of trustees may be removed by the select board for cause after reasonable notice and a public hearing by the select board unless such notice and hearing are expressly waived in writing by the member subject to removal. (e) The members of the board of trustees shall not receive compensation for the performance of their duties, but each member shall be reimbursed by the trust for expenses incurred in the performance of the member's duties. SECTION 3. (a) There shall be established a trust fund to be known as the Housing Trust Fund. The fund shall be separate and apart from the General Fund and the Affordable Housing Trust Fund of the town of Chatham. (b) The town treasurer shall be the custodian of the trust fund. (c) The trust fund shall receive and hold all gifts and grants made to the trust fund as well as money appropriated by the town to the trust. The trust fund shall also receive all revenues from the sale or lease of trust property and any rental income generated from properties in the custody of the trust. (d) Money in the trust fund shall be available for expenditure by the trust for the attainable housing purposes set forth in this act without the need for further appropriation by town meeting. (e) By a 2/3 vote, the town may borrow money in aid of the trust, in accordance with chapter 44, to be used by the trust for any capital related purpose consistent with this act and for which the town is authorized to borrow. (f) Funds appropriated or dedicated by the town to the Affordable Housing Trust Fund for the creation of affordable housing prior to the effective date of this act shall remain in in the Affordable Housing Trust Fund, which shall be maintained by the Town as a separate account and expended for affordable housing purposes authorized by section 55C of chapter 44 of the General Laws. SECTION 4. (a) The trust, by and through its board of trustees, may: (i) accept and receive real property, personal property or money, by gift, grant, contribution, devise or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law or any other source, including money from chapter 44B; provided, however, that any such money received from chapter 44B shall be used exclusively for community housing, as defined in said chapter 44B or any special law relating thereto, and shall remain subject to all the rules, regulations and limitations of that chapter when expended by the trust, and such funds shall be accounted for separately by the trust; and provided further, that at the end of each fiscal year, the trust shall ensure that all expenditures of funds received from said chapter 44B are reported to the community preservation committee of the town for inclusion in the community preservation initiatives report, form CP–3, to the department of revenue; (ii) purchase and retain real or personal property, including, but not limited to, investments that yield a high rate of income or no income; (iii) sell, lease, exchange, transfer or convey personal, mixed or real property at public auction or by private contract for such consideration and on such terms, and to make such contracts and enter into such undertakings relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (iv) execute, acknowledge, and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to a transaction in which the board engages for the accomplishment of the purposes of the trust; (v) employ advisors and agents, such as accountants, appraisers, design and housing development professionals, and lawyers, as the board deems necessary; (vi) pay reasonable compensation and expenses to all such advisors and agents and to apportion such compensation between income and principal as the board deems advisable; (vii) apportion receipts and charges between income and principal as the board deems advisable, amortize premiums and establish sinking funds for such purpose and create reserves for depreciation depletion or otherwise; (viii) participate in reorganization, recapitalization, merger or similar transactions, give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest and consent to a contract, lease, mortgage, purchase or sale of property, by or between a corporation and another corporation or person; (ix) deposit any security with a protective reorganization committee and delegate to that committee such powers and authority with relation thereto as the board may deem proper and pay, out of trust property, the portion of expenses and compensation of such committee as the board may deem necessary and appropriate; (x) carry property for accounting purposes other than acquisition date values; (xi) borrow money on such terms and conditions and from such sources as the board deems advisable, and mortgage and pledge trust assets as collateral; (xii) make distributions or divisions of principal in kind; (xiii) comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, accept any property, either in total or partial satisfaction of any indebtedness or other obligation and, subject to this act, continue to hold the same for such period of time as the board may deem appropriate; (xiv) manage or improve real property and abandon any property which the board determines is not worth retaining; (xv) hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and (xvi) extend the time for payment of any obligation to the trust. (b) Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning by-law, exaction fee, or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and may be expended without further appropriation. All money remaining in the trust at the end of a fiscal year, whether or not expended by the board within 1 year of the date the money was appropriated into the trust, shall remain trust property. (c) The trust is a public employer, and the members of the board are municipal employees for the purposes of chapter 258 of the General Laws. (d) The trust shall be deemed a municipal agency and the trustees special municipal employees, for the purposes of· chapter 268A of the General Laws. (e) The trust is exempt from chapters 59 and 62 of the General Laws, and from any other General Law concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or a political subdivision of the Commonwealth. (f) The books and records of the trust shall be audited annually by an independent auditor in accordance with generally accepted accounting practices. (g) The trust is a public body for the purposes of sections 18 to 25, inclusive, of chapter 30A of the General Laws. (h) The trust is a board of the town for the purposes of chapters 30B and section 15A of chapter 40 of the General Laws; provided, however, that agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments, and public instrumentalities of the town shall be exempt from said chapter 30B. (i) The trust may procure insurance against loss in connection with its properties and other assets and operations in such amount and from such insurers as it deems desirable. (j) The trust may act and do things necessary or convenient to carry out the powers expressly granted in this act or in any by-law consistent with this act enacted by the town. (k) The board of trustees shall be considered a town board subject to the charter and by-laws of the town except as may be otherwise expressly provided in this act. (l) The board of trustees may, further, exercise all of the powers and duties vested in municipal affordable housing trust boards of trustees by section 55C of chapter 44 of the General Laws, as amended from time to time. SECTION 5. The financial records of the trust shall be subject to control and oversight by the town's finance department and subject to yearly audits by the accounting firm employed by the town for the purposes of the regular town audit. SECTION 6. Attainable housing units created by the trust or financed in whole, or in part, with trust funds shall, to the maximum extent allowed by law, be offered to: (i) current year-round residents of the Town of Chatham; (ii) municipal employees; (iii) employees of local businesses; and (iv) households with children attending schools in the town of Chatham who comply with the attainable housing income eligibility limit of 200 per cent of the area median household income as most recently determined by the United State Department of Housing and Urban Development, adjusted for household size. The trust may enact regulations establishing additional preference criteria based on income eligibility and/or alternative or additional definitions for "attainable housing". SECTION 6A. Affordable housing units created by the trust or financed in whole, or in part, with Affordable Housing Trust funds shall, to the maximum extent allowed by law, be offered to: (i) current year-round residents of the Town of Chatham; (ii) municipal employees; (iii) employees of local businesses; and (iv) households with children attending schools in the town of Chatham who comply with the affordable housing income eligibility limit of 100 per cent of the area median household income as most recently determined by the United State Department of Housing and Urban Development, adjusted for household size. The trust may enact regulations establishing additional preference criteria based on income eligibility and/or alternative or additional definitions for "affordable housing." SECTION 7. This act, being necessary for the welfare of the Commonwealth and the Town of Chatham and its inhabitants, shall be liberally construed to effect its purpose. SECTION 8. This act shall take effect upon its passage.

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[{'Action': 'Favorable', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J28', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J28'}, 'Votes': []}]

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An Act to maintain stable housing for families with pets in an economic crisis and beyond

H1367

HD2505

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T13:57:06.39'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T13:57:06.39'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T13:57:20.2333333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-09T14:32:06.1566667'}, {'Id': 'J_B1', 'Name': 'John Barrett, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_B1', 'ResponseDate': '2023-02-03T15:49:54.5266667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-06-07T13:13:41.5133333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-02T15:28:05.0733333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-10-02T14:08:23.7033333'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-09-19T14:29:49.02'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T19:03:42.2733333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-06T08:49:35.7333333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-03-14T19:02:34.9133333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-06T12:00:34.9633333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-25T23:28:22.5933333'}, {'Id': 'MOM0', 'Name': 'Michael O. Moore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MOM0', 'ResponseDate': '2023-03-15T12:44:12.3533333'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-10-02T15:51:08.86'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T11:18:59.5366667'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-02-06T09:42:13.4333333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-03-14T18:07:16.3966667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-03T10:37:47.7666667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-02-10T11:58:09.3066667'}]

{'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-01-19T13:57:06.39'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1367/DocumentHistoryActions

Bill

By Representatives Rogers of Cambridge and Montaño of Boston, a petition (accompanied by bill, House, No. 1367) of David M. Rogers, Samantha Montaño and others relative to the rights of certain families with pets. Housing.

SECTION 1. Notwithstanding chapter 186 or 239 of the General Laws or any general or special law, rule, regulation or order to the contrary, no landlord shall initiate action to evict any person from a residential dwelling unit who has a pet without written permission based solely on the presence of the pet until one year after a state of emergency, unless the presence of pets is causing harm to the safety of other residents. SECTION 2. No hotel, as defined in section 14 of chapter 140 shall unreasonably refuse to allow pets, unless the pet has caused a demonstrated noise or safety threat, during a state of emergency. SECTION 3. Section 12 of Chapter 183A of the General Laws is hereby amended by inserting after the words “master deed”, in subsection (d), the following words:- However, no provision in the declaration, bylaws or rules and regulations of the organization of unit owners shall prohibit the keeping of certain types of dogs based on breed, size, weight or appearance. SECTION 4. Section 3 of Chapter 23B of the General Laws is hereby amended by inserting after the second use of the word “elderly” under part “(u)” the following words:- , provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size, weight or appearance. SECTION 5. Section 3 of Chapter 23B of the General Laws is hereby further amended by inserting the following new subsection:- (w) establish, conduct and maintain a program of pet ownership by residents of state-aided public housing, provided that no regulation, rule or policy shall prohibit the keeping of dogs based on the dog’s breed, size, weight or appearance. SECTION 6. Chapter 175 of the General Laws is hereby amended by adding the following section: Section 231. An insurance company offering homeowners insurance coverage or renters insurance coverage that issues a policy or contract insuring against liability for injury to a person or injury to or destruction of property arising out of the ownership or lease of residential property shall not refuse to issue, renew, cancel, or charge or impose an increased premium or rate of such a policy or contract based in whole or in part upon the harboring of a specific breed of the dog upon the property. An insurance company may not ask or inquire about the breed or mixture of breeds of a dog that is harbored or owner on an applicable property except to ask if the dog is known to be dangerous or has been designated a dangerous dog pursuant to law. Nothing in this section shall prohibit an insurer from refusing to issue or renew or from canceling a contract or policy or from imposing an increased premium or rate for a policy or contract if any dog being harbored on the property has been designated as a dangerous dog pursuant to law. SECTION 7. Section 32 of Chapter 121B of the General Laws is hereby amended by inserting the following new paragraph after subsection (i):- In determining whether an applicant is eligible for tenancy in a property or if a current tenant can remain in a property, no property owned, managed or operated by an authority may make such a determination based on the breed, size, weight or appearance of a dog owned or cared for by the applicant or household member.

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An Act setting a housing production goal for the Commonwealth

H1368

HD2752

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:05:01.04'}

[{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:05:01.04'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T16:05:04.0233333'}]

{'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-01-19T16:05:01.04'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1368/DocumentHistoryActions

Bill

By Representatives Rogers of Cambridge and Santiago of Boston, a petition (accompanied by bill, House, No. 1368) of David M. Rogers and Jon Santiago relative to establishing a housing production goal for the Commonwealth. Housing.

Chapter 23A of the General Laws is hereby amended by adding the following section:- Section 68. In order to meet the housing needs of the Commonwealth, there is hereby established a statewide goal of producing 427,000 new units of housing in Massachusetts by 2040. The housing production goal shall also include a goal of having 85,400 units of housing created by 2040 that are affordable to households earning less than 80% of the Area Median Income, with at least 8,500 of these affordable units for households earning less than 30 percent of the Area Median Income. The secretary of housing and economic development shall report annually to the clerks of the house of representatives and the senate, who shall forward the report to the house of representatives and the senate, the chairs of the joint committee on housing, and the chairs of the senate and house committee on ways and means, on progress made towards meeting these housing production goals. The report shall include a breakdown of market-rate units created; units created that are accessible or adaptable for persons with disabilities; units created for persons over the age of 55; and units created by deed restricted affordable housing available to households earning less than 80% Area Median Income, less than 60% Area Median Income, and less than 30% Area Median Income. The secretary of housing and economic development shall also report annually on the number of residential properties purchased by foreign buyers in Massachusetts. As part of the report, the secretary of housing and economic development shall also include information on short term rentals collected as required by Chapter 337 of the Acts of 2020.

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An Act relative to public housing authorities

H1369

HD1759

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-18T12:17:03.71'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-18T12:17:03.71'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1369/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1369) of Jeffrey N. Roy relative to public housing authorities. Housing.

Section 1. Section 32 of Chapter 121 B of the General Laws, as appearing in the 2006 Official Edition is hereby amended in the fourth sentence by striking the number five “5” and inserting in its place the following number:- 50

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An Act providing for insurance coverage for vision screening for children

H137

HD1311

{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:51:06.643'}

[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-18T12:51:06.6433333'}, {'Id': 'SPK1', 'Name': 'Sally P. Kerans', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SPK1', 'ResponseDate': '2023-02-07T10:11:11.17'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-03-01T14:57:23.7766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H137/DocumentHistoryActions

Bill

By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 137) of Gerard J. Cassidy, Sally P. Kerans and Michelle M. DuBois for legislation to provide insurance coverage for vision screening for children. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 32A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 17I the following section: Section 17J. The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for the cost of a vision screening for children conducted within 12 months prior to entering kindergarten, pursuant to the first paragraph of section 57 of chapter 71. The vision screening shall be conducted by personnel approved by the department of public health and trained in vision screening techniques developed by the department of public health in consultation with the department of education. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, the commission shall provide coverage of a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child’s parent or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary. SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10F the following section: — Section 10G. The division shall provide coverage for the cost of a vision screening for children conducted within 12 months prior to entering kindergarten, pursuant to the first paragraph of section 57 of chapter 71. The vision screening shall be conducted by personnel approved by the department of public health and trained in vision screening techniques developed by the department of public health in consultation with the department of education. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, the division shall provide coverage of a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child’s parent or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary. SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 110L the following section: — Section 110M. Any blanket or general policy of insurance which is delivered or issued for delivery within or without the commonwealth and which covers residents of the commonwealth and any employees health and welfare fund which is promulgated or renewed to any person or group of persons in the commonwealth shall provide coverage for a vision screening for children conducted within 12 months prior to entering kindergarten, pursuant to the first paragraph of section 57 of chapter 71.. The vision screening shall be conducted by personnel approved by the department of public health and trained in vision screening techniques developed by the department of public health in consultation with the department of education. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, coverage shall be provided for a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child’s parent or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary. SECTION 4. Chapter 176A of the General Laws, is hereby amended by inserting after section 8Z the following section:— Section 8AA. Any contract between a subscriber and the corporation under an individual or group hospital service plan that provides hospital expense and surgical expense insurance, delivered, issued, or renewed by agreement between the insurer and the policyholder; within or without the commonwealth, shall provide coverage for a vision screening for children conducted within 12 months prior to entering kindergarten, pursuant to the first paragraph of section 57 of chapter 71. The vision screening shall be conducted by personnel approved by the department of public health and trained in vision screening techniques developed by the department of public health in consultation with the department of education. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, coverage shall be provided for a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child’s parent or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary. SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4Z the following section:— Section 4AA. Any subscription certificate under an individual or group medical service agreement which provides hospital expense and surgical expense insurance, delivered, issued, or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide coverage for a vision screening for children conducted within 12 months prior to entering kindergarten, pursuant to the first paragraph of section 57 of chapter 71. The vision screening shall be conducted by personnel approved by the department of public health and trained in vision screening techniques developed by the department of public health in consultation with the department of education. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, coverage shall be provided for a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child’s parent or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary. SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4S the following section:— Section 4T. Any group health maintenance contract, except contracts providing supplemental coverage to Medicare or to other government programs, delivered, issued or renewed by agreement within or without the commonwealth shall provide to a member or enrollee coverage for a vision screening for children conducted within 12 months prior to entering kindergarten, pursuant to the first paragraph of section 57 of chapter 71. The vision screening shall be conducted by personnel approved by the department of public health and trained in vision screening techniques developed by the department of public health in consultation with the department of education. For children who fail to pass the vision screening and for children diagnosed with neurodevelopmental delay, coverage shall be provided for a comprehensive eye examination performed by a licensed optometrist or ophthalmologist chosen by the child’s parent or guardian indicating any pertinent diagnosis, treatment, prognosis, recommendation and evidence of follow-up treatment, if necessary.

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An Act requiring notice to landlords relating to gas or electric shutoffs

H1370

HD3125

{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:25:16.087'}

[{'Id': 'JNR1', 'Name': 'Jeffrey N. Roy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JNR1', 'ResponseDate': '2023-01-04T11:25:16.0866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1370/DocumentHistoryActions

Bill

By Representative Roy of Franklin, a petition (accompanied by bill, House, No. 1370) of Jeffrey N. Roy relative to requiring notices to landlords relating to gas or electric shutoffs. Housing.

Section 124 of Chapter 164 of the General Laws is hereby amended by inserting after the word "relates" the following new paragraph: When a tenant is the customer of record, a gas or electric company must provide notice of delinquent charges to the owner of a rental dwelling unit if the owner notifies the gas or electric company in writing that a property served by the gas or electric company is a residential rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address. The gas or electric company shall serve notice of the delinquent charges to the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. If the tenant seeks to terminate a service agreement at the rental dwelling unit or in the absence of a duly constituted customer of record, a gas or electric company must provide notice of the proposed termination of service to the owner of a rental dwelling unit if the owner notifies the gas or electric company in writing that a property served by the gas or electric company is a residential rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address. The gas or electric company shall serve notice of the proposed termination or absence of a duly constituted customer of record to the owner of the rental dwelling unit 14 days prior to any scheduled termination of service.

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An Act to prohibit landlords and brokers from requiring broker's commissions to be paid by a tenant or prospective tenant

H1371

HD54

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T18:00:14.253'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-04T18:00:14.2533333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-05T14:52:26.3633333'}]

{'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-04T18:00:14.253'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1371/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton and Senator Comerford, a joint petition (accompanied by bill, House, No. 1371) of Lindsay N. Sabadosa and Joanne M. Comerford (with the approval of the mayor and city council) that the city of Northampton be authorized to prohibit landlords and brokers from requiring broker's commissions to be paid by tenants or prospective tenants. Housing. [Local Approval Received.]

SECTION 1. No licensed real estate broker or other person or entity engaged in the rental or leasing of residential real estate in the City of Northampton as agent of the landowner, landlord, lessor, or sub-lessor shall demand, receive, or retain any payment, fee, commission or other charge from a tenant or prospective tenant for any services on behalf of such landowner, landlord, lessor, or sub-lessor for the listing, showing, qualifying of prospective tenants, preparation and execution of documents, or otherwise arising out of the leasing of a residential rental unit in such city. SECTION 2. No landowner, landlord, lessor, or sub-lessor shall demand or require that a tenant or prospective tenant retain, hire or engage a rental agent or broker and pay such agent or broker a fee or commission as a condition to applying for or leasing a residential rental unit in the City of Northampton, and no such landowner, lessor, or sub-lessor shall demand or require that a tenant or prospective tenant make any payment in violation of SECTION 1 of this act. SECTION 3. Violation of this act shall constitute an unfair or deceptive act or practice in the conduct of a trade or commerce in violation of section 2 (a) of chapter 93A. SECTION 4. The City of Northampton may, by ordinance, establish a fine or penalty for violation of this act, not to exceed $1,000.00 per violation. This act shall take effect upon passage.

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An Act relative to homeowner assets

H1372

HD3884

{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T15:06:44.057'}

[{'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-20T15:06:44.0566667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1372/DocumentHistoryActions

Bill

By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1372) of Lindsay N. Sabadosa that the Housing Appeals Committee develop an application to remove deed riders for property owners who purchased homes through the Homeowner Opportunity Program. Housing.

Section 5A of Chapter 23B of the General Laws is hereby amended by adding the following:- The housing appeals committee will develop an application for property owners who purchased homes through the Homeowner Opportunity Program thirty years or more before the date of issuance of said application to remove any deed rider attached to said property. The purpose of the application and committee decision will be to allow such homeowners to sell their homes at fair market value after negotiation with the housing appeals committee. The housing appeals committee must open the application process by June 1, 2023.

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An Act relative to public housing determination for veterans

H1373

HD981

{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:39:57.493'}

[{'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-01-17T17:39:57.4933333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-10T10:40:16.9033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1373/DocumentHistoryActions

Bill

By Representative Schmid of Westport, a petition (accompanied by bill, House, No. 1373) of Paul A. Schmid, III and Michelle M. DuBois relative to public housing determination for veterans. Housing.

SECTION 1: Chapter 121B Section 32, as so appearing in the 2020 official edition, is hereby amended by inserting after the words “Section 25 and 36” in line 86 the following: “notwithstanding any other laws to the contrary, benefits received by veterans and/or their spouses as a result of eligibility for such benefits under Chapter 115 shall be excluded for purposes of rent determination.”

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An Act relative to residential assistance for families in transition (RAFT)

H1374

HD3676

{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T10:57:43.97'}

[{'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-01-20T10:57:43.97'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-03-07T08:09:39.6666667'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-03-09T15:46:14.9266667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-22T15:05:55.81'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1374/DocumentHistoryActions

Bill

By Representative Sousa of Framingham, a petition (accompanied by bill, House, No. 1374) of Priscila S. Sousa, Danielle W. Gregoire and James C. Arena-DeRosa that the the Department of Housing and Community Development administer residential assistance for families in transition homelessness prevention programs. Housing.

SECTION 1. Chapter 23B of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 30 the following section:- Section 31. (a) Subject to appropriation, the department of housing and community development shall administer residential assistance for families in transition homelessness prevention programs for households whose incomes are at or below area median income and who are at risk of homelessness, eviction, foreclosure or utility shut-off within the next 12 months. For the purposes of this program, to receive cash benefits or other services, a household need not be subject to the summary process under chapter 239 nor have received a shut-off notice from a utility company. Risk of eviction, foreclosure and utility shut-off may be determined by certified statements from the landlord, mortgage holder, utility company, or the applicant household verifying outstanding rent, mortgage or utility costs and the household’s current inability to pay said fees. The department shall set aside 50 percent of the funds for households with incomes not greater than 30 percent of area median income, but nothing in this section shall be construed so as to create a purpose in delaying awards to higher-income households. Eligible households shall include, but not be limited to, families with children under the age of 21, elders, persons with disabilities, and unaccompanied youth. Services and cash benefits under the program shall be made available to households for the prevention of the loss of subsidized or unsubsidized housing. Cash benefits for arrearages shall not exceed the actual liability, but cash benefits shall not be limited to arrearages. Eligible households may receive benefits for short-term going-forward rental or utility payments to offset future costs, and to pay for other expenses that otherwise would leave the household at risk of homelessness, up to a total benefit equal to 12 months’ rent. Lest the program act regressively in areas of opportunity, any budget established subsequent to this Act that establishes a cap on total benefit in dollar amounts shall override the cap established in this section only to the extent that cap is greater than 12 months’ rent. Any regional administering agency shall be subject to the requirements of Chapter 30B. In administering the program, the department shall coordinate with the department of transitional assistance, member agencies and offices of the Massachusetts interagency council on housing and homelessness and the agencies contracted to administer the residential assistance for families in transition program on behalf of eligible households served by those agencies and offices so as streamline the application process, provide additional support services, and better promote upstream homelessness prevention and housing stability. (b) The department shall annually, on or before December 31, issue a report on the rental and mortgage arrearage assistance program created by this section. The report shall be submitted to the House and Senate Committees on Ways and Means; the Joint Committee on Housing; and the House and Senate Clerks. The report shall include but not be limited to the following information: (i) the referral source for each household and number of households referred by said source; (ii) the number of applications requested, the number of applications completed, the number of applications approved; (iii) the number of applications rejected and the reasons for denial; (iv) the household income and demographic information for each qualifying household and its members. This information shall be provided by zip code and cumulatively; (v) the monthly rent or mortgage liability for each qualifying household and the amount of each arrearage payment; and (vi) the housing status of each qualifying household at six, twelve, and twenty-four months after receipt of services or cash benefits. SECTION 2. Chapter 66 of the General Laws is hereby amended by inserting after Section 21 the following section:- Section 22. Documents pertaining to rental assistance. In order to ensure the just, efficient and discrimination-free administration of housing services, a document made by the Department of Housing and Community Development or its agent, whether a Regional Administering Agency or other person or entity, pertaining to rental assistance in any form described under Chapter 23B or Chapter 151B Section 4, shall be considered a public record under this chapter to the extent it identifies the lessor, owner, manager or another recipient of funds, the precise address at which housing services were rendered, and the amount and dates of such assistance, provided however that the names of renters, tenants, subtenants, and other occupants of the premises at the time of such assistance shall not be public records.

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An Act establishing a statewide affirmatively furthering fair housing framework

H1375

HD1048

{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-18T10:08:30.763'}

[{'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-01-18T10:08:30.7633333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:16:13.53'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-16T16:03:03.94'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-05T16:14:32.2666667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1375/DocumentHistoryActions

Bill

By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 1375) of Thomas M. Stanley, Michelle M. DuBois and Patrick Joseph Kearney relative to fair housing assessments for large-scale housing developments. Housing.

SECTION 1. Chapter 40A of the General Laws is hereby amended by adding the following section:- Section 18. (a) As used in this section, the following terms shall, unless the context appears otherwise, have the following meanings:- “Affirmatively further”, to take any action rationally related to promoting any attribute or attributes of fair housing. “Fair housing”, housing that, among other attributes, is affordable, safe, decent, free of unlawful discrimination and accessible as required by chapter 151B or 42 U.S.C.A. §§ 1982 and 3604. “Large-scale development”, a condominium association or apartment building with 35 or more residential dwelling units. (b) Any person who intends to construct a large-scale development shall complete a fair housing assessment in a form to be prescribed by the department of housing and community development. The fair housing assessment shall describe, at a minimum: (1) the projected impact of the development on fair housing, housing discrimination and displacement; and (2) how the proposed development would minimize harm and affirmatively further fair housing. (c) Any person who intends to construct a large-scale development shall provide the fair housing assessment described in subsection (b) to the department of housing and community development and the municipality in which the construction will take place not later than 180 days prior to the beginning of construction. (d) The department of housing and community development may issue fines for noncompliance with this section. SECTION 2. The department of housing and community development shall promulgate regulations in accordance with section 1, including a schedule of fines for noncompliance, not later than 60 days after the effective date of this act.

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An Act relative to cimex lectularius

H1376

HD1281

{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:25:34.13'}

[{'Id': 'JRT1', 'Name': 'Jeffrey Rosario Turco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRT1', 'ResponseDate': '2023-01-18T12:25:34.13'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1376/DocumentHistoryActions

Bill

By Representative Turco of Winthrop, a petition (accompanied by bill, House, No. 1376) of Jeffrey Rosario Turco relative to tenant and owner responsibilities for bed bugs, so called, in dwelling units. Housing.

SECTION 1. (a) For purposes of this section the following words shall have the following meanings, unless the context clearly requires otherwise: “Bed bug” means an insect of the species “Cimex Lectularius,” commonly referred to as a bed bug; “Control” means the process required by a professional pesticide applicator to attempt to eliminate or manage an infestation of bed bugs by poisoning, spraying, fumigating, trapping or by any other recognized and lawful pest-elimination method, including repeated applications of any treatment, particularly to areas where bed bugs are likely to congregate, provided that the department of public health may recommend and issue standards on treatment methods as they see fit based on the availability of updated information and science. Control of bed bugs shall be deemed completed if there has been no evidence of bed bug activity for thirty (30) days after the last application of any treatment; “Infestation” means the presence of bed bugs, or signs of their presence, in a quantity large enough that the tenant of a dwelling unit has knowledge or should have knowledge of the presence of bed bugs in the dwelling unit; “Surrounding unit” means a unit or units that share a common wall or are located above or below; “Owner” and “Tenant” shall have the same meaning as defined in 105 CMR 410 “Certified Applicator” shall have the meaning provided in chapter 132B; (b) This act shall not apply to dwellings containing one dwelling unit. SECTION 2. (a) Notwithstanding any general or special law to the contrary, any tenant that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall: (1) immediately provide notice to the owner in writing after becoming aware of the presence of bed bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and contractors, to enter the dwelling unit to perform inspections repairs, exterminations, and applications, upon not less than 24 hour notice; (3) within a reasonable period of time after receipt of notice from the certified applicator, comply with any and all protocols and instructions afforded to tenant by the certified applicator, including without limitation, encasing and sealing personal property in plastic bags, laundering personal property, removing personal property which may be to be infested with bed bugs; and removing unreasonable amounts of personal property which are deemed to be interfering with the proper treatment of the bed bugs by the certified applicator. No tenant shall interfere with the certified applicator’s performance of any extermination or inspection. (b) Any tenant that fails to provide access to the dwelling unit, interferes with any inspection or extermination, or fails to comply with the protocols and/or instructions of the certified applicator, shall be responsible for any actual and consequential damages incurred by the owner as a result of such denials. In addition, an owner shall be entitled to the issuance of injunctive relief against any such tenant, including an order prohibiting a tenant from occupying a dwelling unit during the period that the certified applicator is performing any required exterminations. SECTION 3. Notwithstanding any special or general law to the contrary, at such time as an owner shall have actual or constructive knowledge of the infestation of bed bugs in a dwelling unit, the owner shall be required to maintain the dwelling unit free of an infestation of bed bugs. Within 5 business days of receiving a notice from any tenant of an infestation of bed bugs, the owner shall perform a visual inspection of the dwelling unit. In the event the owner observes the infestation of bed bugs in the dwelling unit, the owner shall commence the extermination protocol and notify the tenants of any surrounding units. In the event the owner is issued a citation by any state, city, or town inspector indicating the existence of bed bugs, the owner shall commence the extermination protocol. In the event that an infestation is present in a dwelling unit within a building with a manager or organization of unit owners as defined by section 1 of chapter 183A of the General Laws, the owner of the infested unit shall immediately provide notice to the manager or organization of unit owners, who shall then provide notice in writing to the surrounding units. An owner shall be deemed to have constructive knowledge of an infestation of bed bugs in the event the owner is aware of an infestation of bed bugs in any surrounding unit. SECTION 4. Notwithstanding any general or special law to the contrary, within 10 business days of actual or constructive knowledge of an infestation of bed bugs, the owner shall retain the services of a certified applicator to inspect the dwelling unit to confirm the presence of an infestation of bed bugs. In the event the certified applicator fails to observe an infestation of bed bugs, the owner shall have no further obligation to perform further inspections for bed bugs in the dwelling unit unless the tenant provides the owner with a written report from a certified applicator identifying the existing of an infestation of bed bugs in the dwelling unit. In the event a certified applicator identifies an infestation of bed bugs in a dwelling unit, the owner shall perform such treatments and extermination services as may be required by the certified applicator. The owner shall then perform such further treatments and exterminator services as may be required by the certified applicator until such time as the control of the bed bugs shall be deemed to be completed. The owner shall perform a visual inspection for an infestation of bed bugs no later than 30 days after the certified applicator indicates that the control of the bed bugs has been completed. In the event that the owner fails to observe the presence of bed bugs at such inspection, the extermination of bed bugs shall be complete. SECTION 5. Notwithstanding any general or special law to the contrary, prior to entering into a lease agreement with a tenant for an unoccupied unit, an owner shall perform a visual inspection of the dwelling unit that is subject to said lease and verify in writing to the tenant that the dwelling unit is free of an infestation of bed bugs. In the event the owner observes the presence of any bed bugs or other evidence of the existence of bed bugs in the dwelling unit upon visual inspection, the owner shall commence the extermination protocol set forth in sections 2 and 3 of this act before the lease agreement is signed. In the event a lease agreement is entered into by an owner and tenant and the owner fails to provide written verification that the dwelling unit is free of an infestation of bed bugs at time of signing, the tenant shall not be held liable for any actual or consequential damages caused by an infestation of bed bugs if said infestation is confirmed within 30 days of signing. SECTION 6. Notwithstanding any general or special law to the contrary, no owner shall be liable for any actual or consequential damages caused by an infestation of bed bugs unless the owner fails to comply with the requirements of this act. Nothing herein shall prevent the owner and tenant from entering into an agreement assigning other duties and obligations in relation to the costs and duties pertaining to bed bug controls. SECTION 7. Notwithstanding any general or special law to the contrary, the department of public health shall prepare an information sheet that describes bed bugs and explains how bed bug infestations spread. The information sheet may contain additional information the department deems necessary and shall be updated by the department as new information concerning bed bugs becomes available. (a) Notwithstanding the above, the information sheet shall contain the following information: (1) specific facts about bed bugs, including its appearance, breeding and feeding habit; (2) tenant behaviors that are risk factors for attracting and supporting the presence of bed bugs such as, but not limited to, purchasing renovated mattresses, used furniture or pre-owned clothing, and travel to tropical climates without proper precautions; (3) measures that may be taken to prevent and control bed bugs in a residential setting including professional pest control exterminating, cleaning the dwelling space and mattresses, and laundering bedclothes and clothing; (4) in conspicuous form, a statement describing the legal rights and obligations imposed on tenants and owners per this act. (b) The department shall make the information sheet available online to owners, tenants, and members of the general public, in a form suitable for downloading and printing by owners for their use in tenant bed bug education. (c) The department shall make the information sheet available in both English and Spanish languages. (d) The information sheet shall serve as an informational document only, and nothing therein shall be construed as binding on or affecting judicial determination related to this act. The information sheet shall not be deemed to be medical advice. (e) Any owner entering into a lease agreement with a tenant shall provide a copy of the information sheet at the time of the lease signing.

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An Act to establish an office of fair housing and a fair housing trust fund

H1377

HD889

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T14:56:01.607'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T14:56:01.6066667'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:02:24.7833333'}, {'Id': 'JCD1', 'Name': 'James C. Arena-DeRosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JCD1', 'ResponseDate': '2023-02-08T14:15:52.8933333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-14T12:17:02.1633333'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-14T12:17:02.1633333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-21T10:42:06.38'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-21T10:42:06.38'}]

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-19T16:02:24.767'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1377/DocumentHistoryActions

Bill

By Representatives Tyler of Boston and Rogers of Cambridge, a petition (accompanied by bill, House, No. 1377) of Chynah Tyler, David M. Rogers and others for legislation to establish an office of fair housing and a fair housing trust fund. Housing.

SECTION 1. Chapter 6A of the General Laws is hereby amended by adding the following section:- Section 16DD. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Office”, the office of fair housing. “Fair housing trust fund”, the Fair Housing Trust Fund, as established by Chapter 121H. (b) There shall be an office of fair housing within the executive office housing. The office shall be under the supervision and control of a director of fair housing who shall be appointed by and shall report to the secretary of housing. (c) The office shall coordinate all activities of the commonwealth to eliminate housing discrimination and affirmatively further fair housing, overcome patterns of segregation, foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics of Chapter 151B, and to help enforce and maintain compliance with all fair housing laws, including, but not limited to, Chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq. (d) The office shall collaborate with the executive offices, state agencies, and the office of the attorney general on fair housing initiatives to address the factors that influence housing discrimination, segregated communities, and disparities in access to opportunity. The executive offices shall include, but not be limited to, the executive office of health and human services, the executive office of economic development, the executive office of public safety and security, the executive office of energy and environmental affairs, the Massachusetts department of transportation, the executive office of labor and workforce development, the executive office for administration and finance, the executive office of technology services and security, and the executive office of education. The office shall facilitate communication and partnership between these executive offices and agencies to develop greater understanding of the intersections between agency activities and fair housing. The office shall facilitate the development of interagency initiatives to address the social and economic determinants of housing disparity issues including, but not limited to: (i) equal access to housing and quality; (ii) housing affordability; (iii) transportation availability, location and cost; (iv) air, water, and land usage and quality; (v) employment and workforce development; (vi) access to healthcare; (vii) education access and quality; and (viii) language access. (e) The office shall administer the Fair Housing Trust Fund. (f) The office shall evaluate the effectiveness of programs and interventions to eliminate housing discrimination and to affirmatively further fair housing, identifying best practices and model programs for the commonwealth. (g) The office shall prepare an annual assessment of fair housing report. The report shall evaluate the progress of the commonwealth toward eliminating housing discrimination and affirmatively furthering fair housing, where possible, quantifiable measures and comparative benchmarks and, where possible, shall detail such progress on a regional basis. The report shall include a description of the activities and outcomes of the Fair Housing Trust Fund. The office shall hold public hearings in several regions of the commonwealth to gather public information on the topics of the report. The report shall be filed with the governor, the clerks of the house of representatives and senate, the chairs of the joint committee on housing not later than July 1. The report shall be posted on the official website of the commonwealth. SECTION 2. The General Laws are hereby further amended by inserting after Chapter 121G the following section:- Chapter 121H. FAIR HOUSING TRUST FUND Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Office”, the office of fair housing, established in section 16DD of Chapter 6A. “Trust fund”, the Fair Housing Trust Fund. Section 2. There shall be within the office a separate fund to be known as the Fair Housing Trust Fund. The office shall administer the trust fund for the purpose of eliminating housing discrimination and affirmatively furthering fair housing, overcoming patterns of segregation, fostering inclusive communities free from barriers that restrict access to opportunity based on protected characteristics of Chapter 151B, and to helping enforce and maintain compliance with all fair housing laws, including, but not limited to, Chapter 151B and the federal Fair Housing Act, 42 U.S.C. 3601 et seq. Activities eligible for assistance from the trust fund shall include, but not be limited to, private enforcement initiatives, education and outreach initiatives, fair housing testing, lending discrimination, affirmatively furthering fair housing, and special projects. Section 3. The trust fund shall be overseen by the director of the office and an advisory board composed of at least six members representing those with protected characteristics and at least two experienced civil rights practitioners. The director and advisory board shall set the criteria for selecting grantees. Section 4. Grantees eligible for assistance shall include, but not be limited to, fair housing assistance programs and fair housing initiative programs, as defined by the U.S. Department of Housing and Urban Development, any private, non-profit agency, or any state-funded public housing authority. Awards from the trust fund shall be for a period of up to three years in an amount not to exceed $1,000,000 over three years or $333,333 in any one year. Section 5. There shall be credited to the trust fund revenue from appropriations or other monies authorized by the general court and specifically designated for the fund and any gifts, grants, private contributions, investment income earned on the fund’s assets and any other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.

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An Act to ensure senior home safety and security

H1378

HD726

{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:37:47.06'}

[{'Id': 'C_T1', 'Name': 'Chynah Tyler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_T1', 'ResponseDate': '2023-01-17T11:37:47.06'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1378/DocumentHistoryActions

Bill

By Representative Tyler of Boston, a petition (accompanied by bill, House, No. 1378) of Chynah Tyler that senior housing facilities provide security services to ensure the safety and security of residents. Housing.

Chapter 6A of the General Laws is hereby amended by inserting after section 18Z, as appearing in the 2018 Official Edition, the following section:- Section 18AA. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Security services”, a watch, guard or patrol agency as defined in section 22 of chapter 147 or an employee of a senior housing facility who: (i) observes and reports unlawful activity; (ii) prevents or detects theft or misappropriation of goods, money or other items of value; (iii) protects individuals or property from harm or misappropriation; and (iv) controls access to premises being protected; provided, that security services shall not provided by a law enforcement officer as defined in section 1 of chapter 6E. ''Secretary'', the secretary of public safety and security. ''Senior housing facility”, (i) a development operated by a housing authority, as defined in section 1 of chapter 121B, that primarily houses persons 55 years of age or older or persons with disabilities or (ii) publicly-assisted housing, as defined in section 1 of chapter 40T, that primarily houses persons 55 years of age or older or persons with disabilities. (b) Each senior housing facility shall provide security services at all times to ensure the safety and security of residents. Every employee of a senior housing facility and other appropriate personnel, as determined by the secretary, shall be trained on safety and security protocols. (c) The secretary may promulgate regulations for the implementation of this section, in consultation with the secretary of elder affairs, the director of housing and community development, the attorney general, the executive director of the state 911 department, the colonel of the state police, the Massachusetts Chiefs of Police Association Incorporated, the Massachusetts Sheriffs' Association, Inc., the Massachusetts Latino Police Officers Association, Inc., the Massachusetts Association of Minority Law Enforcement Officers, Inc. and housing authorities as defined in section 1 of chapter 121B.

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An Act to promote Yes in My Back Yard

H1379

HD3252

{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-10T10:46:53.193'}

[{'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-10T10:46:53.1933333'}, {'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-20T11:18:12.7466667'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-01-25T15:27:25.4'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-01-26T12:16:26.81'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-26T14:02:57.0233333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T16:22:31.8'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-01-30T09:50:28.68'}, {'Id': 'JBA1', 'Name': 'Jennifer Balinsky Armini', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBA1', 'ResponseDate': '2023-02-08T08:50:27.1566667'}, {'Id': 'SBA1', 'Name': 'Shirley B. Arriaga', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SBA1', 'ResponseDate': '2023-07-26T14:42:37.5233333'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-05-12T12:10:51.05'}, {'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-03-14T11:28:36.6266667'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-04-19T13:31:07.6266667'}, {'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-02-02T14:07:04.07'}, {'Id': 'M_C3', 'Name': 'Manny Cruz', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C3', 'ResponseDate': '2023-02-23T17:26:49.51'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-04T16:51:02.9433333'}, {'Id': 'KAD1', 'Name': 'Kip A. Diggs', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KAD1', 'ResponseDate': '2023-05-18T16:36:10.46'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:56:06.94'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-17T16:23:53.3233333'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-02-10T14:45:34.9966667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-07-03T21:41:25.5533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-23T20:10:15.48'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T10:28:25.2433333'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-01-30T14:57:32.1433333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-31T09:29:41.7166667'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-02-21T17:20:36.18'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-03T17:56:48.2366667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-29T15:47:45.7466667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T16:22:52.4933333'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-02-03T13:58:40.7866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-31T07:52:43.23'}, {'Id': 'J_S2', 'Name': 'Jon Santiago', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_S2', 'ResponseDate': '2023-02-06T15:17:11.4033333'}, {'Id': 'JFM1', 'Name': 'John Francis Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JFM1', 'ResponseDate': '2023-09-06T10:23:51.7633333'}]

{'Id': 'KGH1', 'Name': 'Kevin G. Honan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KGH1', 'ResponseDate': '2023-01-20T09:33:02.033'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1379/DocumentHistoryActions

Bill

By Representatives Vargas of Haverhill and Honan of Boston, a petition (accompanied by bill, House, No. 1379) of Andres X. Vargas, Kevin G. Honan and others for legislation to increase housing development. Housing.

Section 1: Chapter 23A of the General Laws, as so appearing, is hereby amended by adding the following section:- Section 68. In order to meet the housing needs of the Commonwealth, there is hereby established a statewide goal of producing 427,000 new units of housing in Massachusetts by 2040. The housing production goal shall also include a goal of having 85,400 units of housing created by 2040 that are affordable to households earning less than 80% of the Area Median Income, with at least 8,500 of these affordable units for households earning less than 30 percent of the Area Median Income. The housing production goal shall also include a goal of having 52,000 units for households earning between 80-120% of the Area Median Income. The secretary of housing and economic development shall report annually to the clerks of the house of representatives and the senate, who shall forward the report to the house of representatives and the senate, the chairs of the joint committee on housing, and the chairs of the senate and house committee on ways and means, on progress made towards meeting these housing production goals. The report shall include a breakdown of market-rate units created; units created that are accessible or adaptable for persons with disabilities; units created for persons over the age of 55; and units created by deed restricted affordable housing available to households earning less than 80% Area Median Income, less than 60% Area Median Income, and less than 30% Area Median Income. The secretary of housing and economic development shall also report annually on the number of residential properties purchased by foreign buyers in Massachusetts. As part of the report, the secretary of housing and economic development shall also include information on short term rentals collected as required by Chapter 337 of the Acts of 2018. The secretary of housing and economic development shall also report annually on the number of units, broken down by municipality, on the Subsidized Housing Inventory as maintained by the Department of Housing and Community Development that are income restricted to income eligible households earning 80% or less than the area median income. Section 2: Section 1A of Chapter 40A of the General Laws, as so appearing, is amended by inserting the following definition: “Bus Station” means a building located at the intersection of two or more bus lines, within which services are available to bus passengers; provided that a bus station does not include a shelter or other structure without walls and a foundation. Chapter 40A, of the General Laws, as so appearing, is hereby amended by adding the following section:- Section 18. (a) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and with no minimum parking requirements for dwelling units, mixed-use development or multifamily housing with a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A, and be located not more than 0.5 miles from a commuter rail station, subway station, ferry terminal or bus station, if applicable. (b) Any zoning regulations adopted pursuant to Chapter 40A shall allow, as of right and with no minimum parking requirements for dwelling units, multifamily housing with a minimum gross density of 15 units per acre, subject to any further limitations imposed by section 40 of chapter 131 and title 5 of the state environmental code established pursuant to section 13 of chapter 21A, and be located not more than 0.25 miles from an eligible location. (c) Any development permitted pursuant to subsections (a) or (b) which includes ten or more residential units shall set aside a minimum of fifteen percent of the residential units to households earning at or below 80% of the Area Median Income or a minimum of ten percent of the residential units to households earning at or below 50% of the Area Median Income as determined by the U.S. Department of Housing and Urban Development. (d) If a municipality fails to adopt new regulations or amend existing regulations to comply with the provisions of this section by January 1, 2025, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications in accordance with the requirements for regulations set forth in the provisions of this section until such municipality adopts or amends a regulation in compliance with this section. (e) A municipality shall not use or impose standards to discourage through unreasonable costs or delays the development of housing described in this section. Section 3: Section 1A of chapter 40A of the General Laws, as so appearing, is hereby amended so that the the definition of an accessory dwelling unit is: “Accessory dwelling unit”, a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a primary dwelling unit or in a detached accessory structure that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress and (ii) is not larger in floor space than ½ the floor space of the primary dwelling unit or 900 square feet, whichever is greater. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by inserting after the last paragraph the following paragraphs: No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a residential or mixed-use zoning district. The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations, including but not limited to dimensional setbacks, short-term rentals of accessory dwelling units and the bulk and height of structures. However, a locality may not impose an ordinance that requires any of the following: a. Minimum floor space standards greater than is required by state law, as established in the state sanitary code, chapter II b. Maximum height standards less than 16 feet high c. Rear or side setback standards that exceed what is permitted under the local zoning code for the primary dwelling or what is applicable to the primary dwelling unit if it is a legally existing non-conforming unit d. Minimum lot size standards e. Discretionary design criteria distinct to ADUs that are not imposed on other residential buildings in that district. f. Off-street automobile parking requirements and minimum parking requirements greater than 1 per unit. Parking requirements may be satisfied through tandem driveway parking. g. Requirements that the owner of the property reside in either the primary dwelling or the accessory unit. An accessory dwelling unit shall not be considered to exceed the allowable density for the lot upon which it is located. Municipalities must adopt the naming convention and definition of an ADU as established herein. A municipality that does not adopt an ordinance that permits Accessory Dwelling Units as specified in this section shall be subject to the standards established herein. Municipalities are encouraged to adopt less restrictive ordinances. The Department of Housing and Community Development shall create and implement guidelines for which municipal regulations are permissible. Nothing in this paragraph shall authorize an accessory dwelling unit to violate the environmental, building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-laws. Section 4: The following section is added to Chapter 40A of the Massachusetts General Laws:- Section 19. (a) The purpose of this section shall be to promote and incentivize the reuse of vacant commercial parcels and properties for residential and mixed-use housing, by removing barriers to housing development and establishing a streamlined, ministerial approval process for those types of developments. (b) A development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review established under section (d) if the proposed residential or mixed-use development satisfies all of the requirements established in section (c). For the purposes of this section, "Vacant commercial parcel" shall mean any parcel of land zoned for commercial or mixed-use that has no legal structures or improvements on it. "Vacant commercial property" shall mean a commercial or mixed-use building that is not currently legally occupied or in which no person(s) or entity conducts a lawfully licensed business. (c) A development project shall be subject to the streamlined, ministerial review process provided by section (d) if the proposed development satisfies all of the following criteria: 1. It is located within a vacant property or on a vacant parcel in an area zoned for commercial or mixed-use purposes. 2. At least 20% of the residential floor space area is dedicated to units affordable to households earning up to 80% of the area median income as determined annually by the U.S Department of Housing and Urban Development 3. The development is a multi-family housing project 4. The development meets all applicable state environmental, fire, building health and sanitary codes, historic or wetlands laws, and any other applicable state ordinances or by-laws. 5. The residential density for the development either: a. Meets or exceeds the minimum allowable residential density for the existing zoning designation for the parcel if existing zoning allows multifamily residential use; or b. Meets or exceeds the minimum allowable residential density for the nearest zoning district that permits multi-family housing, if the current zone does not allow multi-family residential use 6. The development meets the objective zoning standards for the applicable zone established in subsection 5. For the purposes of this section, objective zoning standards shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. No zoning ordinance or by-law may impose minimum automobile parking requirements, maximum density requirements or subjective design standards on a development application submitted pursuant to this section. For the purposes of this section, subjective design standards shall mean standards that can be interpreted multiple ways, such as compatibility with neighboring properties or promoting harmony and balance in the community. (d) If the local government determines that the proposed development meets the criteria established in section (c), it shall approve the project. If the local government determines that the proposed development does not meet the criteria established in section (c), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the 60 days. If the local government fails to do so, the project shall be granted automatic approval. Review of the application shall be conducted by the local agency, official, or board responsible for approving or rejecting housing development projects. That review shall be objective and be strictly focused on assessing compliance with the criteria established in section (c), as well as any reasonable objective standards published and adopted by ordinance or resolution by a local jurisdiction, except those prohibited in section (c). A local government may adopt an ordinance to implement the provisions of this article. The Department of Housing and Community Development shall publish guidelines and coordinate with local governments to ensure compliance with the application process established by this law. Section 5: Section 5 of Chapter 40A of the General Laws, as so appearing, is amended by inserting in paragraph 5 the following after ””in accordance with section 3 of chapter 40R.”:- (5) an inclusionary zoning ordinance or bylaw, that shall not unduly constrain the production of housing in the area impacted by the inclusionary zoning ordinance or bylaw. The Department of Housing and Community Development shall be responsible for developing guidelines to ensure that municipalities do not adopt inclusionary zoning ordinances or bylaws that constrain the production of housing in that community. Section 6: The secretary of housing and economic development, secretary of energy and environmental affairs, the secretary of transportation, and the executive director of the Massachusetts Development Finance Agency shall jointly submit a report to the joint committee on housing identifying greyfields sites across the commonwealth, options for redevelopment or reuse that may include housing, public use or facilities, mixed use development, or natural restoration and open space, and identify programs within the appropriate state and quasi-public agencies that can be used to support communities in repurposing underutilized land. For the purposes of this act, the term greyfields may include, but is not limited to, land with development that is outdated, underutilized, failing, or vacant, including commercial, residential, and industrial properties. This term may also include land that is owned by the commonwealth, its agencies, or its political subdivisions. Section 7: Section 34 of Chapter 7C of the General Laws, as so appearing, are hereby amended by inserting the following paragraph:- (c) Prior to disposition of publicly owned real property of the commonwealth pursuant to chapter 7C, the commissioner of capital asset management and maintenance in coordination with the secretary of the executive office of housing and economic development shall determine whether such real property shall be made available for low or moderate income housing pursuant to this chapter. In making such determination the commissioner and the secretary shall take into account the following factors: (i) existing zoning that limits the siting of low or moderate income housing in the city or town in which the publicly owned real property is located; (ii) financial or other deterrents to the production of low or moderate income housing in the city or town in which the real property is located; and (iii) ensuring that real property for disposition under this chapter is fairly made available to all regions of the commonwealth, including gateway municipalities, rural areas and suburban areas. Upon making the determination that publicly owned real property shall be made to available for disposition under this chapter, the commissioner and the secretary shall, notwithstanding chapter 7C or any other law to the contrary, declare the property available for development of low or moderate income housing in accordance with this chapter. Section 8: Section 13 of chapter 21A, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- “A board of health may adopt a local on-site sewage disposal systems regulation, only to the extent that it imposes standards or other requirements that are more stringent than or otherwise exceed those set forth in Title 5 of the State Environmental Code, 310 CMR 15.000, and only if, prior to adoption by the board of health, the Department of Environmental Protection shall review and approve any such proposed on-site sewage disposal systems regulation based upon findings that the proposed regulation has a generally recognized scientific basis, is a recommended best practice technique, is necessary to protect unusual local resources that warrant special or enhanced protection, and does not conflict with Title 5 of the State Environmental Code, 310 CMR 15.000.”

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An Act to further protect persons with intellectual or developmental disabilities from abuse

H138

HD2581

{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T14:46:50.86'}

[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T14:46:50.86'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H138/DocumentHistoryActions

Bill

By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 138) of Gerard J. Cassidy for legislation to further protect persons with intellectual or developmental disabilities from abuse. Children, Families and Persons with Disabilities.

Section 1. Subsection (a) of section 15 of chapter 19C of the General Laws, as inserted by chapter 19 of the acts of 2020, is hereby amended by striking the definition of “Employer” and inserting in place thereof the following definition:- “Employer”, an entity that provides services or treatment to persons with intellectual or developmental disabilities pursuant to: (i) a contract or agreement with the department; (ii) funding administered by the department; or (iii) a license issued pursuant to section 15 or 15A of chapter 19B. An entity that provides services pursuant to a contract or agreement with the department of youth services, the department of children and families, the department of early education and care, the department of mental health, or the department of elementary and secondary education. Section 2. Subsection (d) of said section 15 of said chapter 19C, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:- Prior to employing a person or contracting for client services, the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer shall determine whether the person’s name and date of birth appear on the registry. Neither the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, nor an employer shall hire, utilize the services of or employ a person whose name and date of birth appear on the registry. The department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer shall have the prospective employee or current employee’s signed consent before making any inquiry to the registry. The department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer shall not hire or retain any prospective or current employee who declines to provide such consent. At the time the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer decides not to hire or retain a person whose name and date of birth appear on the registry, the department of youth services, the department of children and families, or the department of early education and care, the department of mental health or the department of elementary and secondary education shall so inform the person and shall provide the person with the contact information for the commission. Section 3. Said section 15 of said Chapter 19C, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:- (e) The information maintained in the registry, including the record of its proceedings, shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66. Except as provided in subsection (c), the commission, the division, and the department shall keep information contained in the registry confidential and shall not disseminate information about a care provider, prospective employee, or current employee to anyone other than the care provider, prospective employee, or current employee unless the dissemination is necessary for the consideration of the department, the department of youth services, the department of children and families, the department of early education and care, the department of mental health, the department of elementary and secondary education, or an employer when reviewing current or prospective employment of a care provider or a person or is otherwise provided by law. Disclosure of information contained in the registry shall be made in compliance with regulations promulgated pursuant to subsection (h). The regulations shall include, but not be limited to, measures that are necessary to protect the confidentiality of victims, individuals listed on the registry and third parties related to registrable abuse.

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An Act establishing a first-time home buyers bill of rights

H1380

HD1179

{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:15:55.413'}

[{'Id': 'TJW1', 'Name': 'Thomas P. Walsh', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TJW1', 'ResponseDate': '2023-01-18T11:15:55.4133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1380/DocumentHistoryActions

Bill

By Representative Walsh of Peabody, a petition (accompanied by bill, House, No. 1380) of Thomas P. Walsh that home buyers be provided copies of the Massachusetts Housing Finance Agency homebuyers’ guide. Housing.

SECTION 1. Chapter 183 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 1A the following section:- Section 1B. (a) Anyone entering into an agreement or facilitating an agreement for the sale or conveyance of residential real estate including, but not limited to a real estate agent, real estate broker or salesperson shall furnish a copy of the Massachusetts Housing Finance Agency homebuyers’ guide, developed pursuant to section 8A of chapter 708 of the acts of 1966, to the prospective purchaser who is entering into an agreement for the sale or conveyance of residential real estate; provided, however, that this requirement shall not apply in instances where there is an agreement for the sale or conveyance of residential real estate by the homeowner where there is no real estate agent, real estate broker or salesperson involved in the sale. (b) Anyone that fails to furnish a copy of the homebuyers’ guide to a prospective purchaser pursuant to subsection (a) shall be punished by a fine of not more than $100. SECTION 2. Chapter 255E of the General Laws is hereby amended by inserting after section 2 the following section:- Section 2A. (a) Prior to obtaining a credit report from a residential mortgage applicant, the mortgage broker shall furnish the applicant with a copy of the Massachusetts Housing Finance Agency homebuyers’ guide, developed pursuant to section 8A of chapter 708 of the acts of 1966. (b) A mortgage broker that fails to furnish a copy of the homebuyers’ guide to a residential mortgage applicant prior to obtaining a credit report pursuant to subsection (a) shall be punished by a fine of not more than $100 per violation. (c) The commissioner shall promulgate regulations to ensure compliance with this section. SECTION 3. Chapter 708 of the acts of 1966 is hereby amended by inserting after section 8 the following section:- Section 8A. The MHFA shall create a homebuyers’ guide for residential homebuyers with basic information to consider when purchasing a home. The MHFA shall publish the homebuyers’ guide on its website. The homebuyers’ guide shall include, but not be limited to, information and resources relative to the following: (i) the value of a home inspection; (ii) lead paint disclosure information; (iii) the state environmental code, promulgated by the commissioner of the department of environmental protection pursuant to section 13 of chapter 21A of the General Laws; (iv) disclosure information pursuant to the federal Truth in Lending Act, 15 USC § 1601 et. seq.; (v) the role of a buyer’s agent and a seller’s agent; (vi) the role of an attorney in the home buying process; (vii) the role of banks and mortgage companies; (viii) the role of homeowners associations; (ix) the role of condominium associations; and (x) the role of covenants and deed restrictions.

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An Act providing for rent regulation and control of evictions in manufactured housing parks in the town of Athol

H1381

HD1642

{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-18T15:51:48.807'}

[{'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-18T15:51:48.8066667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-09T15:12:37.8366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1381/DocumentHistoryActions

Bill

By Representative Whipps of Athol, a petition (accompanied by bill, House, No. 1381) of Susannah M. Whipps and Joanne M. Comerford (by vote of the town) that the town of Athol be authorized to regulate rents for the use or occupancy of manufactured housing parks in said town. Housing. [Local Approval Received.]

SECTION 1. The Town of Athol may, by its ordinances, regulate rents for the use or occupancy of manufactured housing parks in the town, establish a rent board for the purpose of regulating rents, minimum standards for use or occupancy of manufactured housing park accommodations and eviction of tenants therefrom and may, by its ordinances, require the registration, by owners of manufactured housing parks under penalty of perjury, of information relating to the manufactured home park accommodations. The rent board shall have all powers necessary or convenient to perform its functions, may make rules and regulations, require the registration, by owners of manufactured housing parks under penalty of perjury, of information relating to the manufactured housing park accommodations. Violations of any by-law adopted pursuant to this act or any order of the rent board shall be punishable by a fine of not more than $1,000. SECTION 2. (a) The rent board, established pursuant to section l, may make individual or general adjustments, either upward or downward, as may be necessary to assure that rents for manufactured home park accommodations in the town are established. (b) The following factors, among other relevant factors, which the board may define by regulation, shall be considered in determining whether controlled manufactured home park accommodations yield a fair net operating income: (1) increases or decreases in property taxes; (2) unavoidable increases or any decreases in operating and maintenance expenses; (3) capital improvements of the mobile home park as distinguished from ordinary repair, replacement and maintenance; (4) increases or decreases in space, services, equipment or other similar factors; (5) substantial deterioration of the manufactured home park other than as a result or ordinary wear and tear; and (6) failure to perform ordinary repair, replacement and maintenance. SECTION 3. Chapter 30A of the General Laws shall apply to the rent board, established pursuant to section l, as if the rent board were an agency of the commonwealth, including provisions relating to judicial review of an agency order. SECTION 4. (a) The district court shall have original jurisdiction, concurrently with the superior court, of all petitions for review brought pursuant to section 14 of chapter 30A of the General Laws. (b) The superior court shall have original jurisdiction to enforce this act and any by-laws adopted thereunder and may restrain violations thereof. SECTION 5. The Town of Athol may, by its ordinances, regulate the eviction of tenants. The rent board, established pursuant to section 1, may issue orders which shall be a defense to actions of summary process for possession and such orders shall be reviewable pursuant to sections 3 and 4. SECTION 6. The personnel, if any, of the rent board, established pursuant to section l, shall not be subject to section 94, of chapter 30 of the General Laws or chapter 3 1 of the General Laws. SECTION 7. This act shall take effect upon its passage.

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An Act relative to reducing damage caused by the current foreclosure crisis in the historic districts of Massachusetts

H1382

HD614

{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:35:28.613'}

[{'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-01-14T04:35:28.6133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1382/DocumentHistoryActions

Bill

By Representative Williams of Springfield, a petition (accompanied by bill, House, No. 1382) of Bud L. Williams relative to reducing damage caused by the current foreclosure crisis in the historic districts of the Commonwealth. Housing.

WHEREAS, the many Massachusetts urban neighborhoods recognized as Historic Districts in Massachusetts were successful middle class communities when they were initially developer; and WHEREAS, after World War II residents and homeowners in many of these Historic District communities were victimized by red-lining by banking institutions and racial steering by some unscrupulous real estate agents, and real estate values in the community were depressed, causing housing abandonment and demolition of many historic homes; and WHEREAS, in response to this decline residents worked many years to protect these Historic Districts from destruction and to obtain recognition of the communities value as Historic Districts; and WHEREAS, since designation as Historic Districts homeowners and citizens in the officially recognized Historic Districts in Massachusetts have worked successfully to encourage families to stay in and move to the community and to invest in restoration of the historic homes there; and WHEREAS, as a result of the investments and other efforts of many new and old residents and homeowners in the Historic Districts the community’s real estate values stabilized and increased in relation to other communities within cities, and these Districts have come to be seen as assets the their larger urban communities; but then WHEREAS, since 2007 the increase of foreclosures in the said Historic Districts in Massachusetts have increased as a result of the large number of so-called “Sub-prime” mortgage loans made in the course of the past several years were defaulted on by buyers abused by unscrupulous banks and lending companies; and WHEREAS, these foreclosures have resulted in a large number of real estate auctions within the said District, while at the same time conditions in the lending market have been disrupted resulting in a reduced number of families being able to access financing for home purchase; and WHEREAS, credible studies and reports have documented that the large number of foreclosures and auctions in the said Historic Districts have resulted in reduced sales prices and an increase in the number of vacant and vandalized houses, and have undermined the value of all houses in the District and made financing for purchase and restoration of the historic homes in Historic District impossible to access for most families; WHEREAS, many new foreclosure auctions are planned by banks and their agents and these market conditions show every indication of continuing for the foreseeable future; THEREFORE, the time has arrived for the Massachusetts Legislature to provide the Historic District Communities and the Cities and Towns of Massachusetts with the tools to protect and build on the many accomplishments of the decades following recognition of these Districts as official Historic Districts, without damaging the legitimate interests of banks and other financial institutions which have invested in mortgages and other financial interests related to real estate within the said Historic District: SECTION 1. Creation of a Historic District Stabilization Committee shall be authorized by this legislation, such Committee to be made up of residents of the area, homeowners, interested real estate brokers, community - based organizations based in the District including the Historic District Community Development Corporation, if any, construction professionals working in the area, and local banking professionals with interests in the District. Formation of such Committee shall take place upon petition of any Chapter 40(f) community development corporation active within the said historic district to the Secretary of State of the Commonwealth, or if no such organization exists, petition of any non-profit corporation active within the said Historic District having among its corporate purpose housing development or community improvement. Such organization shall be authorized to initiate formation of a Stabilization Committee as a Chapter 180 non-profit corporation, which shall have board of not less than seven members including representation including real estate brokers with a history or work within the historic district, bankers and mortgage professionals with a history or work within the historic district, homeowner counseling agencies with a history or work within the historic district, homeowners residing in the historic district, non-homeowner residents residing within the historic districts, and contractors with a history or work within the historic district. Subsequent to the initial organization of the committee permanent professional representatives shall be elected by members of the groups they represent who have agreed to work with the Stabilization Committee program. This shall take place within one year after formation of the Committee. SECTION 2. The said Historic District Stabilization Committee shall be authorized, by this legislation, commencing upon the effective date of the passage of this bill, to acquire by eminent domain any real estate or real estate related property interest including mortgages, tax obligation, assignments of mortgages, or any other interest relating to any real estate mortgage in default within the community in consideration of fair market value as determined by certified Massachusetts Real Estate Appraisers, and shall be authorized to pay for these interests with proceeds of eventual sales of the said property interests. SECTION 3. The said Historic District Stabilization Committee shall be required to carry out a methodical study of the Historic District Community and real estate market in cooperation with the Planning Department of the City in which the District is situated, the Regional Planning Commission, and certified Massachusetts Real Estate Appraisers, to measure the economic capacity of likely home buyers and the Historic District , and to use the data developed by the said study to establish a Community Appraisal Framework setting forth the probable future value of real estate within the Historic District Community. SECTION 4. The said Historic District Stabilization Committee shall be required to work with residents on each street within the District and City officials to carry out an inventory of all properties impacted by default of bank or tax obligations, and a.) shall refer all property occupied by homeowners or former homeowners to mortgage counseling agencies to determined whether these families can feasibly service new mortgage financing set at not more than the fair market value of the based on the Community Appraisal Framework at market interest rates, b.) Assume management of all occupied properties and determine if the current tenants can afford to remain in the said properties and whether such continued occupancy is feasible in the context of the condition of the occupied properties, c.) Assume management of all vacant properties and if possible repair these properties so that they can be kept occupied by caretakers or tenants, as determined by the Committee, and not depress or otherwise damage the value or livability of adjoining and nearby houses, and d.) Restore all vacant and damaged houses to livability and marketability at all times carrying out all work in accordance with the Secretary of the Interior’s Standards for Rehabilitation as set by the U.S. Department of the Interior, and e.) Take all other measures as determined by the Committee to best preserve and enhance value of property within the Historic District and the health and welfare of Historic District residents. SECTION 5. The said Historic District Stabilization Committee shall be required to market all properties and interests acquired in accord with the Community Appraisal Framework created as mandated herein, and shall establish mechanisms to create and maintain a Housing Center to work with all real estate professionals and community agencies to carry out this task so as to best preserve and enhance value of property within the Historic District and the health and welfare of Historic District residents. Proceeds of all sales shall be used to compensate all sellers of real estate interests for their property, less appropriate expenses of sales and management. SECTION 6. In the event that any community is eligible for designation as an historic district under the criteria set forth in the National Historic Preservation Act of 1966, but is not now so designated officially, that community may be entitled to the protections of this Act upon petition of 51% of the property owners of such community and filing of such signatures with the Historical Commission of their respective municipality, or with the City or Town Clerk if no Historical Commission exists. In the event such an election is made, continuation of all protections provided herein shall be conditional on formal creation of a local historic district as defined by Chapter 40C of the Massachusetts General Laws within 180 days of such election. SECTION 7. The provisions of this legislation are intended to protect Historic Districts victimized by the present foreclosure crisis. Therefore all protections provided herein shall be restricted to those Historic Districts included within the Stabilization Target Areas as defined by the U.S. Department of Housing and Urban Development based on number/percent of foreclosures, subprime mortgages and mortgage defaults and delinquencies, as adopted in conjunction with the Neighborhood Stabilization Program in 2008 and thereafter. SECTION 8. The said Historic District Stabilization Committee shall be required to utilize the services of local residents to the maximum degree feasible for all restoration, management, and marketing services. SECTION 9. The said Historic District Stabilization Committee shall be authorized to hire personnel, make contracts, issue debentures as it deems needed to finance its activities, and take any other action as needed to carry out the above purposes. GENERAL PROVISIONS: Due to the fact that this Act addresses emergency situations in communities, its provisions shall take effect upon passage.

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An Act relative to emergency backup power in newly-constructed senior housing facilities

H1383

HD3998

{'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-01-20T15:17:48.853'}

[{'Id': None, 'Name': 'Pauline Dupuis', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T16:00:13.33'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1383/DocumentHistoryActions

Bill

By Representative Xiarhos of Barnstable (by request), a petition (accompanied by bill, House, No. 1383) of Pauline Dupuis relative to emergency backup power in newly-constructed senior housing facilities. Housing.

SECTION 1. Notwithstanding any general or special law to the contrary, every senior housing facility newly-constructed after the effective date of this act shall be required to be equipped with emergency backup electric generators prior to the issuance of any occupancy permit by a city or town. For the purposes of this act, the term "senior housing facility" shall be defined as any residential property with four or more dwelling units that is specifically intended to serve as the primary residence for persons aged 55 years and older, and shall include but not be limited to supportive housing, shared living in congregate settings, and continuing care communities.

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An Act relative to service of civil process fees

H1384

HD2262

{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-19T11:55:06.723'}

[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-19T11:55:06.7233333'}, {'Id': None, 'Name': 'Sheriff Nicholas Cocchi', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.74'}, {'Id': None, 'Name': 'Sheriff Patrick McDermott', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.74'}, {'Id': None, 'Name': 'Sheriff Robert Ogden', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.7533333'}, {'Id': None, 'Name': 'Sheriff Steven Tompkins', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.7533333'}, {'Id': None, 'Name': 'Sheriff Kevin Coppinger', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.7533333'}, {'Id': None, 'Name': 'Sheriff Paul Heroux', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.77'}, {'Id': None, 'Name': 'Sheriff Donna Buckley', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.77'}, {'Id': None, 'Name': 'Sheriff Thomas Bowler', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.77'}, {'Id': None, 'Name': 'Sheriff Lewis Evangelidis', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.7866667'}, {'Id': None, 'Name': 'Sheriff Christopher Donelan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.8'}, {'Id': None, 'Name': 'Sheriff Patrick Cahillane', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.8166667'}, {'Id': None, 'Name': 'Sheriff Joseph McDonald', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.8333333'}, {'Id': None, 'Name': 'Sheriff James Perleman', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.8466667'}, {'Id': None, 'Name': 'Sheriff Peter Koutoujian', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T11:55:06.8466667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-08T11:55:07.6033333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-03T11:40:31.4533333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-08T13:18:41.01'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-03-21T12:01:53.78'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1384/DocumentHistoryActions

Bill

By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 1384) of Brian M. Ashe and others relative to service of civil process fees. The Judiciary.

SECTION 1: Chapter 262 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended, in Section 8, subsection (a) by striking out sub, subsections (1) and (2) and inserting in place thereof the following sections:- (1) for service of an original summons, trustee process, subpoena or scire facias, either by reading it or by leaving a copy thereof, $30 for each defendant upon whom service is made, except as otherwise provided herein; (2) for service of an original summons and complaint for divorce or for any other service required to be served in hand, $45 for each defendant upon whom service is made;

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An Act relative to the deposit of civil process fees

H1385

HD2301

{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-19T12:07:58.16'}

[{'Id': 'BMA1', 'Name': 'Brian M. Ashe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BMA1', 'ResponseDate': '2023-01-19T12:07:58.16'}, {'Id': None, 'Name': 'Sheriff Nicholas Cocchi', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.1766667'}, {'Id': None, 'Name': 'Sheriff Patrick McDermott', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.1766667'}, {'Id': None, 'Name': 'Sheriff Robert Ogden', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.1933333'}, {'Id': None, 'Name': 'Sheriff Steven Tompkins', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.21'}, {'Id': None, 'Name': 'Sheriff Peter Koutoujian', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.2233333'}, {'Id': None, 'Name': 'Sheriff Kevin Coppinger', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.24'}, {'Id': None, 'Name': 'Sheriff Paul Heroux', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.24'}, {'Id': None, 'Name': 'Sheriff Donna Buckley', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.2566667'}, {'Id': None, 'Name': 'Sheriff Thomas Bowler', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.2566667'}, {'Id': None, 'Name': 'Sheriff Lewis Evangelidis', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.27'}, {'Id': None, 'Name': 'Sheriff Christopher Donelan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.2866667'}, {'Id': None, 'Name': 'Sheriff Patrick Cahillane', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.3033333'}, {'Id': None, 'Name': 'Sheriff Joseph McDonald', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.3033333'}, {'Id': None, 'Name': 'Sheriff James Perleman', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T12:07:58.3166667'}, {'Id': 'ALS1', 'Name': 'Aaron L. Saunders', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALS1', 'ResponseDate': '2023-02-08T11:57:58.7766667'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-02-03T11:40:05.3966667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-15T12:01:00.03'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-03-08T13:18:28.51'}, {'Id': 'KWP1', 'Name': 'Kelly W. Pease', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KWP1', 'ResponseDate': '2023-03-21T12:01:38.36'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1385/DocumentHistoryActions

Bill

By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 1385) of Brian M. Ashe and others relative to the deposit of civil process fees. The Judiciary.

SECTION 1: Section 639 of Chapter 26 of the Acts of 2003 is hereby repealed.

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An Act relative to selling tattooing, branding, body piercing kit or device to an unlicensed body art practitioner or minor

H1386

HD1090

{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:56:54.04'}

[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T10:56:54.04'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1386/DocumentHistoryActions

Bill

By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1386) of Bruce J. Ayers for legislation to establish a penalty for the sale of tattooing, branding or body piercing devices to unlicensed body art practitioners or minors. The Judiciary.

SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the following section:- 230. Whoever gives or sells a tattooing, branding, or body piercing kit or other tattooing, branding, or body piercing device to an unlicensed body art practitioner or a minor shall be subject to a fine of not more than $500.

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An Act relative to air traffic safety

H1387

HD1118

{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:04:08.273'}

[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:04:08.2733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1387/DocumentHistoryActions

Bill

By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1387) of Bruce J. Ayers for legislation to establish penalties for interfering with aircraft in flight by use of a laser pointer. The Judiciary.

Chapter 269 of the General Laws is hereby amended by adding the following section:- Section 20. (a) As used in this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:- “Laser pointer”, any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. “Unmanned aerial vehicle”, an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft. (b) Whoever knowingly aims the beam of a laser pointer at an aircraft in the special jurisdiction of the United States, or at the flight path of such an aircraft, or operates an unmanned aerial vehicle in said flight path, or otherwise interferes with an aircraft in flight, on or over the territory of the commonwealth shall be guilty of interfering with an aircraft pursuant to this section, and shall be punished by a fine of not more than $1,500. (c) Whoever knowingly directs a laser pointer at an aircraft or operates an unmanned aerial vehicle within the flight path of an aircraft, or otherwise interferes with an aircraft in flight, and causes a significant change of course or other serious disruption to the safe travel of an aircraft that threatens the physical safety of the aircraft's passengers or crew shall be guilty of interfering with an aircraft and causing harm pursuant to this section, and shall be punished by a fine of not more than $5,000 or imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment. (d) This section does not prohibit directing a laser beam at an aircraft, or in the immediate vicinity of an aircraft, by: (i) an authorized individual in the conduct of research and development or flight test operations conducted by an aircraft manufacturer, the Federal Aviation Administration, hereinafter the FAA, or any other person authorized by the FAA to conduct such research and development or flight test operations; (ii) members or elements of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing or training; (iii) an individual using a laser emergency signaling device to send an emergency distress signal; or (iv) an individual whose laser operations have been submitted to and reviewed by the FAA, when: (A) the FAA has issued a letter not objecting to the laser use; and (B) the laser is operated in conformity with the FAA submission. (e) The use of an unmanned aerial vehicle shall comply with all FAA requirements and guidelines. This section does not prohibit the use of unmanned aerial vehicles by authorized persons consistent with said FAA requirements and guidelines.

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An Act establishing a mandatory sentence for destruction, defacement or damage to burial tombs and grave markers

H1388

HD1132

{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:06:00.117'}

[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:06:00.1166667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1388/DocumentHistoryActions

Bill

By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1388) of Bruce J. Ayers that provision be made for a minimum mandatory sentence for the willful destruction of burial tombs and grave markers. The Judiciary.

SECTION 1.  Section 73 of Chapter 272 of the General Laws is hereby amended by inserting after the word “not”, as appearing in line 12, the following new text:—“less than one thousand dollars and not”. SECTION 2. Section 73 of Chapter 272 of the General Laws is hereby amended by adding at the end thereof the following text:— “The sentence imposed under this section shall not be reduced to less than 6 months, nor suspended, nor shall any person convicted under this section be eligible for probation, parole or furlough or receive any deduction from his sentence for good conduct until he shall have served no less than 6 months of such sentence. Prosecutions commenced under this section shall neither be continued without a finding nor placed on file. The provisions of section 87-seven of chapter 276 shall not apply to a person charged with a violation of this section.”

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An Act authorizing the Department of Highways to acquire land in the city of Quincy and the town of Milton for the purpose of flood control and prevention

H1389

HD1157

{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:12:08.54'}

[{'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-01-18T11:12:08.54'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1389/DocumentHistoryActions

Bill

By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 1389) of Bruce J. Ayers for legislation to authorize the Department of Highways to acquire certain land in the city of Quincy and the town of Milton by eminent domain for flood control and prevention purposes. The Judiciary.

SECTION 1.  Notwithstanding any general or special law to the contrary, the department of highway may take by eminent domain on behalf of the commonwealth, under chapter 79 of the General Laws, certain land located in the city of Quincy and town of Milton for the purpose of alleviating and preventing flooding associated with any constructed state highway.

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An Act relative to funeral assistance

H139

HD3543

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T12:14:19.007'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T12:14:19.0066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H139/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 139) of Tackey Chan relative to funeral assistance. Children, Families and Persons with Disabilities.

SECTION 1. Section 9 of chapter 117A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 9, the figure “$1,100” and replacing it thereof with the following figure: “$3,500”; and further by striking out, in line 11, the figure “$3,500” and replacing it thereof with the following figure: “$5,000.” SECTION 2. This act shall take effect upon its passage.

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An Act to ensure equitable representation in probate court proceedings involving children

H1390

HD1297

{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:31:25.493'}

[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-18T12:31:25.4933333'}, {'Id': None, 'Name': 'Jacqueline Parker', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T12:31:25.4933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1390/DocumentHistoryActions

Bill

By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1390) of Ruth B. Balser and Jacqueline Parker relative to probate court proceedings involving children. The Judiciary.

SECTION 1. Chapter 190B, Section 5-212 of the General Laws is hereby amended by adding the following subsection: (d) In any Probate Court case in which a child has been living with a guardian pursuant to a Probate Court order, and the non-custodial parent seeks to take that custody away or seeks an order for visitation or the guardian seeks to file a petition for adoption, the guardian is entitled to court-appointed counsel, regardless of whether they are indigent or not, if the non-custodial parent opposing the continued guardianship or adoption by the guardian obtains a court-appointed attorney to prosecute or defend the proceeding. The Probate Court clerk’s office is required to inform the pre-adoptive parent or guardian of this right to counsel. SECTION 2. Chapter 210, Section 3, subsection (b) of the General Laws, is hereby amended by striking out the second paragraph and inserting in place thereof the following:- (b) The department of children and families or a licensed child care agency may commence a proceeding, independent of a petition for adoption, in the probate court in Suffolk county or in any other county in which the department or agency maintains an office, to dispense with the need for consent of any person named in section 2 to adoption of the child in the care or custody of the department or agency. Notice of such proceeding shall be given to such person in a manner prescribed by the court. The court shall appoint counsel to represent the child in the proceeding unless the petition is not contested by any party. If a non-custodial parent opposing a stepparent adoption obtains a court-appointed attorney to defend the proceeding, the court shall appoint counsel to represent a custodial parent who is seeking a stepparent adoption, regardless of indigency, unless the petition is not contested by any party. The court shall issue a decree dispensing with the need for consent or notice of any petition for adoption, custody, guardianship or other disposition of the child named therein, if it finds that the best interests of the child as provided in paragraph (c) will be served by the decree. Pending a hearing on the merits of a petition filed under this paragraph, temporary custody may be awarded to the petitioner. The entry of such decree shall have the effect of terminating the rights of a person named therein to receive notice of or to consent to any legal proceeding affecting the custody, guardianship, adoption or other disposition of the child named therein. The department shall provide notice of the hearing on the merits to any foster parent, pre-adoptive parent or relative providing care for the child informing the foster parent, pre-adoptive parent or relative of his right to attend the hearing and be heard. The provisions of this paragraph shall not be construed to require that a foster parent, pre-adoptive parent or relative be made a party to the proceeding.

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An Act relative to treatment, not imprisonment

H1391

HD3540

{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T13:17:36.19'}

[{'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-01-20T13:17:36.19'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-20T15:40:09.8'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-01-24T09:35:37.7933333'}, {'Id': 'MJB0', 'Name': 'Michael J. Barrett', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJB0', 'ResponseDate': '2023-02-02T10:28:02.7333333'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-02-02T10:28:02.7333333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-02T14:27:58.3566667'}, {'Id': 'MTL1', 'Name': 'Marc T. Lombardo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MTL1', 'ResponseDate': '2023-02-14T11:46:10.9533333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-02-23T10:43:14.5033333'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-02T11:30:26.2'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-03-02T11:30:26.2'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-22T15:20:58.4166667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-03-22T15:20:58.4166667'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-03-22T15:20:58.4166667'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-27T10:41:17.6066667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-03-28T12:33:56.87'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-05-16T11:41:00.0066667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-06T13:51:42.8566667'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-07-19T17:19:09.6'}, {'Id': 'PSS1', 'Name': 'Priscila S. Sousa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PSS1', 'ResponseDate': '2023-08-24T14:29:56.5433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1391/DocumentHistoryActions

Bill

By Representative Balser of Newton, a petition (accompanied by bill, House, No. 1391) of Ruth B. Balser and others relative to court considerations of persons having alcohol or substance use disorders and needing treatment. The Judiciary.

SECTION 1. Section 87A of chapter 276 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the first paragraph the following paragraphs:- Upon motion by a person who has been ordered to submit to drug or alcohol testing or to refrain from the use of alcohol or a controlled substance as a condition of probation, the court shall consider whether the person has an alcohol or substance use disorder and needs treatment. If the person attests to having or is determined to have an alcohol or substance use disorder, the person shall be ordered to engage in a treatment plan or protocol: (i) with a mental health clinic or alcohol or substance use disorder program licensed by the department of public health under chapters 17, 111, 111B, or 111E; (ii) with a behavioral, alcohol use disorder, substance use disorder, or mental health professional who is licensed under chapters 111J and 112 and accredited or certified to provide services consistent with law; (iii) with a primary care provider or mental health care provider prescribing medication for alcohol or substance use disorder; or (iv) that aligns with evidence-based practices described in the American Society of Addiction Medicine or the Substance Abuse and Mental Health Services Administration. If the person is engaged in such treatment plan or protocol, the court shall not modify such treatment plan or protocol or require the person to submit to additional drug or alcohol testing that is not required by the treatment plan or protocol. A positive drug or alcohol test or other indicator of relapse shall not be considered a violation of the conditions of probation if the person: (i) is engaged in a treatment plan or protocol; (ii) is making reasonable efforts to receive treatment; (iii) is switching treatment plans or protocols voluntarily or at the direction of a treatment provider; (iv) is discharged from a treatment plan or protocol and transitioning into new a treatment plan or protocol; or (v) has completed a treatment plan or protocol and remains in compliance with all other conditions of probation. If a person who has completed a treatment plan or protocol and remains subject to conditions of probation tests positive for drugs or alcohol or exhibits any other indicator of relapse, the person may again move the court to consider the person’s treatment needs and, if necessary, the court may order further treatment consistent with this section.

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An Act to amend the definition of hate crime

H1392

HD861

{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-17T14:20:04.88'}

[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-17T14:20:04.88'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-06-08T09:56:53.28'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1392/DocumentHistoryActions

Bill

By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 1392) of Christine P. Barber relative to the definition of hate crime. The Judiciary.

Section 1. Section 39(a) of Chapter 265 of the General Laws, as appearing in the 2016 official edition, is hereby amended by replacing the words “of a person” in Line 2 with the words “of another” and replacing the words “such person” in Line 3 with the words “a person.” Section 2. Section 39(a) of Chapter 265 of the General Laws, as appearing in the 2016 official edition, is hereby amended by adding the following paragraph after paragraph one of the said section: “If restitution is ordered under the provisions of this section for purposes of repairing the damage done to the real or personal property with intent to intimidate a person because of such person’s race, color, religion, national origin, sexual orientation, gender identity, or disability, such restitution shall be used to repair the damage done to the property.”

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An Act relative to caregiver authorization affidavits

H1393

HD2490

{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:43:02.37'}

[{'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-01-19T13:43:02.37'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:01:02.9533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1393/DocumentHistoryActions

Bill

By Representative Barber of Somerville, a petition (accompanied by bill, House, No. 1393) of Christine P. Barber and Lindsay N. Sabadosa relative to caregiver authorization affidavits. The Judiciary.

SECTION 1. Section 1 of Chapter 201F, as appearing in the 2020 Official Edition, is hereby amended by striking out, in line 7, the words “with whom a minor resides.” and inserting in place thereof:- who has been so designated by an authorizing party in an affidavit pursuant to this chapter. SECTION 2. Section 2 of Chapter 201F, as appearing in the 2020 Official Edition, is hereby amended by striking out the first paragraph and inserting in the place thereof the following paragraph:- A parent, legal guardian or legal custodian of one of more minor children, by a caregiver authorization affidavit, may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to any designated minor child's education, health care, recreational and enrichment activities as described in section 3(b). If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party shall supersede the decision of the caregiver. SECTION 3. Said chapter 201F is hereby further amended by striking out section 3, as appearing in the 2020 Official Edition, and inserting in the place thereof the following section:- Section 3. (a) A caregiver shall reside with the minor child or children during the time the caregiver is authorized to act relative to said child or children. (b) Under a caregiver authorization affidavit, a caregiver may: (1) give consent to medical, surgical, dental, developmental, mental health or other treatment for the minor under the supervision of or upon the advice of a health care professional licensed to practice in the commonwealth; (2) exercise parental rights to obtain records and other information with regard to health care services and insurance provided to the minor; (3) make educational decisions (including daycare) on behalf of the minor and in all other ways stand in for the authorizing party with respect to federal, state and district educational policy, including, but not limited to, accessing the minor's educational records, representing the minor in enrollment, disciplinary, curricular, special education or other educational matters, signing permission slips for school activities and any other decision that facilitates the minor's educational experience; (4) make decisions on behalf of the minor regarding recreational and enrichment activities including, but not limited to, enrollment, signing permission slips for sports, clubs, lessons, camps, and activities and any other recreational and enrichment activities. (5) apply for health insurance and dental insurance coverage for the minor; services and support for disabilities; and any other public or private services to address the education or health needs of the minor. SECTION 4. Section 4 of Chapter 201F, as appearing in the 2020 Official Edition, is hereby amended by inserting, in line 1, after the words “relies on a caregiver” the following words:- or alternate caregiver SECTION 5. Said chapter 201F is hereby further amended by striking out section 5, as appearing in the 2020 Official Edition, and inserting in the place thereof the following section:- Section 5. The caregiver (and alternate caregiver, if any) authorization affidavit shall include the following information:— (1) the name, address and telephone number of the parent, legal guardian or legal custodian; (2) the name, address and telephone number of the caregiver; (3) the name, address and telephone number of the alternate caregiver, if any; (4) the name and date of birth of the minor; (5) the relationship of the caregiver(s) to the minor; (6) a statement by the authorizing party that there are no court orders in effect which would prohibit the authorizing party from exercising or conferring the rights and responsibilities sought to be conferred upon the caregiver or alternate; (7) a statement of the authority being conferred and of any prohibitions; (8) a statement that the affidavit is not for the purposes of circumventing any state or federal law, for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law; and (9) a statement by the authorizing party of when the authority of the appointed caregiver commences and when it ends (if specified). The affidavit shall be signed under the pains and penalties of perjury by the authorizing party in the presence of 2 adult witnesses, neither of whom may be the caregiver nor alternate caregiver, and the affidavit shall be notarized. The affidavit also shall be signed by the caregiver, and by the alternate caregiver, if any, who shall attest to being an adult with whom the minor resides or will reside. The caregiver authorization affidavit shall be valid for up to 2 years from the date that it comes into effect unless a shorter time is specified, and may be reauthorized. The authorizing party may reauthorize, amend or revoke the caregiver authorization affidavit by notifying the caregiver in writing. The authorizing party shall provide the amended affidavit or revocation to all parties to whom he has provided the original affidavit. The caregiver shall provide the amended affidavit or revocation to all parties to whom he has provided the original affidavit prior to further exercising any rights or responsibilities under the affidavit. SECTION 6: Said chapter 201F is hereby further amended by striking out section 6, as appearing in the 2020 Official Edition, and inserting in the place thereof the following section:- Section 6. The caregiver authorization affidavit shall be substantially in the following form, except that the use of alternative language consistent with the statute shall not be precluded: Caregiver Authorization Affidavit I. What this form enables: A parent, legal guardian or legal custodian of a minor, by this affidavit, may authorize a designated caregiver, who is an adult with whom the minor child resides or will reside, to exercise certain concurrent parental rights and responsibilities relative to a designated minor's education, health care, and recreational and enrichment activities. If a conflicting decision is made under these concurrent rights and responsibilities, the decision of the authorizing party or a legal guardian or legal custodian appointed subsequent to the execution of the affidavit shall supersede the decision of the caregiver. The caregiver authorization affidavit shall only authorize those rights and responsibilities that the authorizing party possesses and shall not divest the authorizing party of his rights or responsibilities. Under a caregiver authorization affidavit, a caregiver may: (1) consent to medical, surgical, dental, developmental, mental health or other treatment for the minor under the supervision or upon the advice of a health care professional licensed to practice in the commonwealth; (2) exercise parental rights to obtain records and other information with regard to health care services and insurance provided to the minor; and (3) make educational decisions (including daycare) on behalf of the minor and in all other ways stand in for the authorizing party with respect to federal, state and district educational policy, including, but not limited to, accessing the minor's educational records, representing the minor in enrollment, disciplinary, curricular, special education or other educational matters, signing permission slips for school activities and any other decision that facilitates the minor's educational experience; and (4) make decisions on behalf of the minor regarding recreational and enrichment activities including, but not limited to, enrollment, signing permission slips for sports, clubs, lessons, camps and activities, and any other recreational and enrichment activities; and (5) apply for health insurance and dental insurance coverage for the minor; for services and support for disabilities; and for any other public or private services to address the education or health needs of the minor. II. Steps to authorize caregiver rights and responsibilities: 1. AUTHORIZING PARTY I, [name of authorizing party], residing at [address of authorizing party] am the parent/legal guardian/legal custodian of the minor child(ren) listed below. I, [name of parent or legal guardian or legal custodian], do hereby authorize [name of caregiver], residing at [address of caregiver], to exercise concurrently the rights and responsibilities, except those prohibited below, that I possess relative to the education, health care, recreational and enrichment activities of the minor child(ren) listed: Minor Child's/Children Name(s) Date(s) of Birth ___ ___ ___ ___ ___ ___ The caregiver may NOT: (Please list specifically any education, health care, recreational, or enrichment rights and responsibilities that you do NOT wish to confer upon the caregiver.) In the event the above-named caregiver is unavailable or unwilling to serve as caregiver, I do hereby authorize [name of alternate caregiver] residing at [address of alternate caregiver], to exercise the rights referenced above. (This section is optional) There are no court orders in effect that would prohibit me from exercising or conferring the rights and responsibilities that I wish to confer upon the caregiver. (If you are the legal guardian or custodian, attach the court order.) I am not using this affidavit to circumvent any state or federal law, for the purposes of attendance at a particular school, or to re-confer rights to a caregiver from whom those rights have been removed by a court of law. I confer these rights and responsibilities freely and knowingly in order to provide for the child(ren) named herein, and not as a result of pressure, threats or payments by any person or agency. I understand that, if the affidavit is amended or revoked, I must provide the amended affidavit or revocation to all parties to whom I have provided this affidavit. The authority of the caregiver shall commence upon (choose one): a date certain __________; or the date of the incapacity of the authorizing party to make or carry out day-to-day decisions concerning the minor, as established by written certification of a licensed physician, or the date of the unavailability of the authorizing party to make or carry out day-to-day decisions concerning the minor due to circumstances such as, but not limited to, incarceration, voluntary or involuntary commitment to a treatment program, detention, deportation, or active military duty, as established by attestation of the named caregiver. This document shall remain in effect until (choose one): a date certain (up to two years hence) ________; or two years from the date of the incapacity of the authorizing party to make or carry out day-to-day decisions concerning the minor, as established by written certification of a licensed physician, or the date of the unavailability of the authorizing party to make or carry out day-to-day decisions concerning the minor due to circumstances such as, but not limited to, incarceration, voluntary or involuntary commitment to a treatment program, detention, deportation, or active military duty, as established by attestation of the named caregiver. unless or until I, as authorizing party, notify the caregiver (and alternate caregiver, if any), in writing that I have amended or revoked it, or until such time as the minor child(ren) reach the age of majority. I hereby affirm that the above statements are true, under pains and penalties of perjury. Signature: Printed name: Telephone number: 2. WITNESSES TO AUTHORIZING PARTY SIGNATURE (To be signed by persons over the age of 18 who are not the designated caregiver or alternate caregiver.) Witness No. 1 signature: Witness No. 1 printed name and address: Witness No. 2 signature: Witness No. 2 printed name and address: 3. NOTARIZATION OF AUTHORIZING PARTY SIGNATURE On this [date] before me, the undersigned notary public, personally appeared [name of authorizing party, and alternate caregiver, if any], proved to me through satisfactory evidence of identification, which was [driver's license, etc.], to be the person(s) signing the preceding document, and swore under the pains and penalties of perjury that the foregoing statements are true. Signature and seal of notary: Printed name of notary: My commission expires: 4. CAREGIVER ACKNOWLEDGEMENT I, [name of caregiver], am at least 18 years of age and the named minor child(ren) currently reside or will reside with me at [address of caregiver]. I am [relationship to the minors]. I understand that I may, without obtaining further consent from a parent, legal custodian or legal guardian of the minor child(ren), exercise concurrent rights and responsibilities relative to the education and health care of the minor child(ren), except those rights and responsibilities prohibited above. I understand that I may not knowingly make a decision which conflicts with the decision of the child(ren)'s parent, legal guardian or legal custodian. I understand that, if the affidavit is amended or revoked, I must provide the amended affidavit or revocation to all parties to whom I have provided this affidavit prior to further exercising any rights or responsibilities under the affidavit. I understand that, if I become unable to carry out the responsibilities conferred by this affidavit, I will do so by immediately notifying the authorizing party and the alternate caregiver in writing. I hereby affirm that the above statements are true, under pains and penalties of perjury. Signature of caregiver: Printed name: Telephone Number: 5. ALTERNATE CAREGIVER ACKNOWLEDGEMENT (This section is optional) I, [name of alternate caregiver], am at least 18 years of age and the child(ren) currently reside or will reside with me at [address of caregiver]. I am [relationship to the minor]. I understand that I may, in the case of inability or incapacity of the first designated caregiver to carry out the responsibilities conferred herein, and without obtaining further consent from a parent, legal custodian or legal guardian of the child(ren), exercise concurrent rights and responsibilities relative to the education and health care of the child(ren), except those rights and responsibilities prohibited above. I understand that I may not knowingly make a decision that conflicts with the decision of the child(ren)'s parent, legal guardian or legal custodian. I understand that, if the affidavit is amended or revoked, I must provide the amended affidavit or revocation to all parties to whom I have provided this affidavit prior to further exercising any rights or responsibilities under the affidavit. I hereby affirm that the above statements are true, under pains and penalties of perjury. Signature of caregiver: Printed name: Telephone Number: 6. ATTESTATION OF CAREGIVER AS TO AUTHORIZING PARTY’S UNAVAILABILITY<\/ul> (This section is optional) I, [name of caregiver], attest that the authorizing party is unavailable due to ___________________ _______________________________________________________________________________. I hereby affirm that the above statements are true, under pains and penalties of perjury. Signature of caregiver: Printed name: Telephone Number: 7. ATTESTATION OF ALTERNATE CAREGIVER AS TO DESIGNATED CAREGIVER’S UNAVAILABILITY (This section is optional) I, [name of alternate caregiver], attest that the designated caregiver is unavailable due to ____________________________________________________________________________________. I hereby affirm that the above statements are true, under pains and penalties of perjury. Signature of alternate caregiver: Printed name: Telephone Number: III. Explanations: This caregiver authorization affidavit is pursuant to chapter 201F of the General Laws. A dispute arising hereunder shall be the exclusive jurisdiction of the probate courts pursuant to section 3 of chapter 215 of the General Laws. A person who relies on a caregiver authorization affidavit that is consistent with the requirements of said chapter 201F has no obligation to make any further inquiry or investigation and shall not incur any criminal or civil liability or be subject to professional discipline for doing so, unless he knows facts contrary to the affidavit or knows that an authorizing party has made a decision to supersede the caregiver's decision. The reliance on the affidavit shall not relieve a person from liability arising from other provisions of the law.

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An Act relative to law enforcement access to prescription monitoring data

H1394

HD1243

{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:41:05.293'}

[{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:41:05.2933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1394/DocumentHistoryActions

Bill

By Representative Barrows of Mansfield, a petition (accompanied by bill, House, No. 1394) of F. Jay Barrows relative to access to prescription monitoring data by law enforcement. The Judiciary.

SECTION 1. Clause (4) of subsection (f) of section 24A of chapter 94C of the General Laws, inserted by section 42 of chapter 208 of the acts of 2020, is hereby amended by striking out the words “and accompanied by a probable cause warrant issued pursuant to chapter 276”. SECTION 2. Said subsection (f) of said section 24A of said chapter 94C is hereby further amended by striking out clause (6), as appearing in chapter 425 of the acts of 2020, and inserting in place thereof the following clause:- (6) personnel of: (A) the United States attorney or a federal agency; provided, however, that the data request is made pursuant to clause (4) or federal law; (B) the office of the attorney general provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug-related investigation; or (C) a district attorney’s office; provided, however, that the data request is in connection with a bona fide specific controlled substance or additional drug-related investigation;

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An Act relative to juror comprehension

H1395

HD1248

{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T11:59:46.227'}

[{'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-01-17T13:48:43.3966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1395/DocumentHistoryActions

Bill

By Representative Barrows of Mansfield, a petition (accompanied by bill, House, No. 1395) of F. Jay Barrows relative to juror information cards. The Judiciary.

SECTION 1. Section 3 of chapter 234A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting, after the words “not feasible,” in line 12, the following:- “The court shall provide each juror a physical information card clearly defining the charges and legal terms applicable to the trial for which the juror was selected. The court shall replace the card upon request.”

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An Act relative to the expansion of the Good Samaritan Law

H1396

HD664

{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:56:28.54'}

[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:56:28.54'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1396/DocumentHistoryActions

Bill

By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 1396) of Donald R. Berthiaume, Jr., relative to liability of persons in transit in private vehicles rendering care and assistance to persons in need. The Judiciary.

Any properly licensed person, under the jurisdiction of a publicly recognized organization, and/or any individual person in good faith in a private legally registered insured vehicle, may voluntarily transport any needy person(s) to a designated destination and return. Doing so without compensation except for tolls, parking, shall not be liable for acts or omissions causing harm, other than gross negligence or willful or wanton misconduct, resulting from transport of such person(s)

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An Act allowing a child under state custody to visit an imprisoned parent at a location other than the correction facility

H1397

HD669

{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:58:50.303'}

[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-16T12:58:50.3033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1397/DocumentHistoryActions

Bill

By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 1397) of Donald R. Berthiaume, Jr., relative to allowing children in state custody to visit imprisoned parents at locations other than correctional facilities. The Judiciary.

Section 1. Section 37 of Chapter 209 of General Laws, as appearing in the 2018 Official Edition, is hereby amended by adding at the end of thereof the following paragraph:- Children in custody of the state shall see their parent or parents who are imprisoned at a remote location. Correction facilities shall have means to prove remote visitation for inmates in all cases.

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An Act relative to healthcare proxies

H1398

HD4004

{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-20T15:19:28.66'}

[{'Id': 'DRB1', 'Name': 'Donald R. Berthiaume, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DRB1', 'ResponseDate': '2023-01-20T15:19:28.66'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1398/DocumentHistoryActions

Bill

By Representative Berthiaume of Spencer, a petition (accompanied by bill, House, No. 1398) of Donald R. Berthiaume, Jr., relative to healthcare proxies. The Judiciary.

SECTION 1. Section 2 of Chapter 201D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the second paragraph the following:- “In the event that a previously designated healthcare agent, healthcare proxy, or alternate is not available, willing, or competent to make decisions, the attending physician may designate another willing physician to make health care treatment decisions as a patient's proxy decision-maker if: (A) The attending physician has a made a reasonable effort to contact the patient’s proxy decision-maker; (B) The attending physician has obtained an independent determination of the patient's lack of decisional capacity by another physician; by an advanced practice nurse who has collaborated about the patient with a licensed physician either in person, by telephone, or electronically; or by a court; (C) The attending physician or his or her designee has consulted with and obtained a consensus on the proxy designation with the medical ethics committee of the health care facility where the patient is receiving care; and (D) The identity of the physician designated as proxy decision-maker is documented in the medical record. Nothing in this section should be construed as authorizing physician assisted suicide.”

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An Act relative to controlling and abusive litigation

H1399

HD2611

{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-19T15:01:05.143'}

[{'Id': 'NMB1', 'Name': 'Natalie M. Blais', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/NMB1', 'ResponseDate': '2023-01-19T15:01:05.1433333'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-03T11:04:19.1466667'}, {'Id': 'JMC0', 'Name': 'Joanne M. Comerford', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JMC0', 'ResponseDate': '2023-01-30T10:51:53.2433333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-01-22T10:32:40.3166667'}, {'Id': 'K_D1', 'Name': 'Kate Donaghue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_D1', 'ResponseDate': '2023-07-21T14:52:37.7166667'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:30:58.54'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-05-04T14:29:07.31'}, {'Id': 'PRF0', 'Name': 'Paul R. Feeney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PRF0', 'ResponseDate': '2023-03-02T14:38:14'}, {'Id': 'DAF1', 'Name': 'Dylan A. Fernandes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAF1', 'ResponseDate': '2023-08-04T13:24:41.36'}, {'Id': 'JAG2', 'Name': 'Judith A. Garcia', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG2', 'ResponseDate': '2023-06-20T12:31:55.2766667'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-06-30T10:40:42.67'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-02-07T18:08:59.0366667'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-14T13:19:02.4566667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:29:24.76'}, {'Id': 'MSK1', 'Name': 'Mary S. Keefe', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSK1', 'ResponseDate': '2023-02-06T20:45:49.8933333'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-09T10:24:13.0933333'}, {'Id': 'jml0', 'Name': 'Jason M. Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/jml0', 'ResponseDate': '2023-02-22T11:18:15.1033333'}, {'Id': 'KLG1', 'Name': 'Kate Lipper-Garabedian', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KLG1', 'ResponseDate': '2023-02-22T14:14:25.3033333'}, {'Id': 'JBL0', 'Name': 'Joan B. Lovely', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBL0', 'ResponseDate': '2023-06-21T15:18:19.3566667'}, {'Id': 'JJM2', 'Name': 'John J. Mahoney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJM2', 'ResponseDate': '2023-07-10T15:59:22.32'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-20T12:40:43.1066667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-29T16:54:59.6233333'}, {'Id': 'MJM2', 'Name': 'Mathew J. Muratore', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJM2', 'ResponseDate': '2023-07-13T12:27:32.37'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-01-25T11:27:52.83'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-09T14:05:43.35'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-06-21T16:02:00.1433333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-07-20T10:47:49.4066667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-03-15T14:55:15.3866667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T16:03:49.4833333'}, {'Id': 'DAS1', 'Name': 'Danillo A. Sena', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAS1', 'ResponseDate': '2023-08-18T13:45:55.2266667'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-16T21:05:15.9766667'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-02-08T14:06:37.21'}, {'Id': 'DTV1', 'Name': 'David T. Vieira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DTV1', 'ResponseDate': '2023-09-06T09:23:55.8833333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:40:37.11'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-01-25T18:46:44.8266667'}, {'Id': 'SGX1', 'Name': 'Steven George Xiarhos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SGX1', 'ResponseDate': '2023-10-06T11:59:58.78'}, {'Id': 'K_K2', 'Name': 'Kristin E. Kassner', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K2', 'ResponseDate': '2023-06-20T12:25:32.51'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1399/DocumentHistoryActions

Bill

By Representative Blais of Deerfield, a petition (accompanied by bill, House, No. 1399) of Natalie M. Blais and others relative to controlling and abusive litigation. The Judiciary.

The General Laws are hereby amended by inserting after chapter 209D the following chapter:- Chapter 209E. CONTROLLING AND ABUSIVE LITIGATION PREVENTION Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Abuse”, as defined in section 1 of chapter 209A. "Controlling and abusive litigation", litigation where the following apply: (a)(i) The opposing parties have a current or former family or household member relationship; (ii) The party who is filing, initiating, advancing or continuing the litigation has been found by a court to have committed abuse against the other party pursuant to an order entered under chapters 208, 209, 209A, 209C or 258E, or who is found after a hearing in the instant case, to have committed abuse or harassment against the other party that may have warranted the issue of an order under said chapters; and (iii) The litigation is being initiated, advanced or continued primarily for the purpose of abusing, harassing, intimidating, threatening or maintaining contact with the other party; and (b) At least 1 of the following factors apply: (i) Claims, allegations or other legal contentions made in the litigation are not warranted by existing law or by a reasonable argument for the extension, modification or reversal of existing law, or the establishment of new law; (ii) Allegations and other factual contentions made in the litigation are without the existence of evidentiary support; or (iii) An issue or issues that are the basis of the litigation have previously been filed in 1 or more other courts or jurisdictions and the actions have been litigated and disposed of unfavorably to the party filing, initiating, advancing or continuing the litigation. "Family or household members", as defined section 1 of chapter 209A “Harassment”, as defined in section 1 of chapter 258E. "Litigation", any kind of legal action or proceeding including, but not limited to: (i) filing a summons, complaint, demand or petition; (ii) serving a summons, complaint, demand or petition, regardless of whether it has been filed; (iii) filing a motion, notice of court date, note for motion docket or order to appear; (iv) serving a motion, notice of court date or order to appear, regardless of whether it has been filed or scheduled; (v) filing a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition or other discovery request; or (vi) serving a subpoena, subpoena duces tecum, request for interrogatories, request for production, notice of deposition or other discovery request. "Perpetrator of controlling and abusive litigation", a person who files, initiates, advances or continues litigation in violation of an order restricting controlling and abusive litigation. Section 2. (a) A party to a case may request from the court an order restricting controlling and abusive litigation if the parties are current or former family or household members and one party has been found by the court to have committed abuse or harassment against the other party. The request may be made in any form, including, but not limited to: (1) in any answer or response to the litigation being filed, initiated, advanced or continued; (2) by motion made at any time during any open or ongoing case; (3) in an answer or response to any motion or request for an order; or (4) orally in any hearing. (b) Any court of competent jurisdiction may, on its own motion, determine that a hearing pursuant to section 3 is necessary to determine if a party is engaging in controlling and abusive litigation. (c) The chief justice of the trial court shall create forms for the motion for order restricting controlling and abusive litigation and order restricting controlling and abusive litigation. (d) No filing fee shall be charged to the unrestricted party for proceedings pursuant to this section regardless of whether it is filed pursuant to this chapter. (e) The provisions of this section are nonexclusive and shall not affect any other remedy available. Section 3. (a) If a party asserts that they are being subjected to controlling and abusive litigation, the court shall attempt to verify:  (1) that the parties are or previously were family or household members; and  (2) that the party raising the claim of controlling and abusive litigation has been found to be a victim of abuse or harassment by the other party or finds, after a hearing in the instant case, that said party has been a victim of abuse or harassment. If the court verifies that both elements are true or is unable to verify that they are not true, the court shall set a hearing to determine whether the litigation meets the definition of controlling and abusive litigation. (b) At the time set for the hearing on the alleged controlling and abusive litigation, the court shall hear all relevant testimony and may require any affidavits, documentary evidence or other records the court deems necessary. Section 4. (a) Evidence of any of the following presented at a hearing conducted pursuant to section 3 shall create a rebuttable presumption that litigation is being initiated, advanced or continued primarily for the purpose of harassing, intimidating or maintaining contact with the other party. (1) The same or substantially similar issues between the same or substantially similar parties have been litigated within the past 5 years in the same court or any other court of competent jurisdiction; (2) The same or substantially similar issues between the same or substantially similar parties have been raised, pled or alleged in the past 5 years and were dismissed on the merits or with prejudice; (3) Within the last 10 years, the party allegedly engaging in controlling and abusive litigation has been sanctioned in 1 or more cases, petitions, motions or other filings that were found to have constituted controlling and abusive litigation, been found not to be supported by good grounds, interposed for the delay or found to be frivolous or brought in bad faith involving the same opposing party; or (4) A court of record in another judicial district has determined that the party allegedly engaging in controlling and abusive litigation has previously engaged in controlling and abusive litigation or similar conduct and has been subject to a court order imposing prefiling restrictions. Section 5. (a) If the court finds by a preponderance of the evidence that a party is engaging in controlling and abusive litigation and that any or all of the motions or actions pending before the court are controlling and abusive litigation, the litigation shall be dismissed, denied, stricken or resolved by other disposition with prejudice. (b) In addition to dismissal or denial of any pending controlling and abusive litigation within the jurisdiction of the court, the court shall enter an order restricting controlling and abusive litigation. The order shall: (1) impose all costs of any controlling and abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the party advancing the controlling and abusive litigation, including, but not limited to, court costs, lost wages, transportation costs and costs of child care related to said civil action including trips to court to review files, files pleadings and appear for any type of hearing; (2) award the other party reasonable attorneys' fees and costs of responding to the controlling and abusive litigation including the cost of seeking the order restricting controlling and abusive litigation; and (3) identify the party protected by the order and impose prefiling restrictions upon the party found to have engaged in controlling and abusive litigation for a period of not less than 48 months nor more than 72 months. (c) If the court finds by a preponderance of the evidence that the litigation does not constitute controlling and abusive litigation, the court shall enter written findings and the litigation shall proceed. Nothing in this section or chapter shall be construed as limiting the court's inherent authority to control the proceedings and litigants before it. (d) The provisions of this section are nonexclusive and shall not affect any other remedy available to the person who is protected by the order restricting controlling and abusive litigation or to the court. Section 7. (a) Except as provided for in this section, a person who is subject to an order restricting controlling and abusive litigation is prohibited from filing, initiating, advancing or continuing any litigation against the protected party for the period of time filing restrictions are in effect. (b) A person who is subject to an order restricting controlling and abusive litigation and against whom prefiling restrictions have been imposed pursuant to section 5 who wishes to initiate a new case or file a motion in an existing case during the time the person is under filing restrictions shall first appear before the judge who imposed the prefiling restrictions or in front of any person designated by the judge to act in this capacity to make application for permission to institute the civil action. (c)(1) The judge or a designee may examine witnesses, court records and any other available evidence to determine if the proposed litigation is controlling and abusive litigation or if there are reasonable and legitimate grounds upon which the litigation is based. (2) If, based on reviewing the records as well as any evidence from the person who is subject to the order, the judge or designee determines the proposed litigation is controlling and abusive litigation, it shall not be necessary for the person protected by the order to appear or participate in the proposed litigation in any way. If the judge or designee is unable to determine whether the proposed litigation is controlling and abusive without hearing from the person protected by the order, then the court shall issue an order scheduling a hearing and notifying the protected party of the party's right to appear and/or participate in the hearing. The order shall specify whether the protected party is expected to submit a written response. When possible, the protected party shall be permitted to appear virtually and provided with instructions for how to appear virtually. (d)(1) If the judge or designee believes the litigation that the party who is subject to the order restricting controlling and abusive litigation is making application to file will constitute controlling and abusive litigation, the application shall be denied, dismissed or otherwise disposed with prejudice. (2) If the judge reasonably believes that the litigation the party who is subject to the order restricting controlling and abusive litigation is making application to file will not be controlling and abusive litigation, the judge or designee may grant the application and issue an order permitting the filing of the case, motion or pleading. The party who is protected by the order shall be served with a copy of the order at the same time as the underlying pleading. (e) The findings of the judge or designee shall be in writing and made a part of the record in the matter. If the party who is subject to the order restricting controlling and abusive litigation disputes the finding of a designee, the party may seek review by the judge. If the party disputes the finding of the judge, the party may seek review of the decision as provided by the applicable court rules. (3) If the application for the filing of a pleading is granted pursuant to this section, the period of time commencing with the filing of the application requesting permission to file the action and ending with the issuance of an order permitting filing of the action shall not be computed as a part of any applicable period of limitations within which the matter must be instituted. (4) If, after a party who is subject to an order restricting controlling and abusive litigation and prefiling restrictions has made application and been granted permission to file or advance a case pursuant to this section, any judge hearing or presiding over the case, or any part thereof, determines that the person is attempting to add parties, amend the complaint or is otherwise attempting to alter the parties and issues involved in the litigation in a manner that the judge reasonably believes would constitute controlling and abusive litigation, the judge shall stay the proceedings and refer the case back to the judge or designee who granted the application to file, for further disposition. (5)(a) If a party who is protected by an order restricting controlling and abusive litigation is served with a pleading filed by the person who is subject to the order restricting controlling and abusive litigation, and the pleading does not have an attached order allowing the pleading, the protected party may respond to the case by filing a copy of the order restricting controlling and abusive litigation. (b) If it is brought to the attention of the court that a person subject to an order restricting controlling and abusive litigation and against whom prefiling restrictions have been imposed has filed a new case or is continuing an existing case without having been granted permission pursuant to this section, the court shall dismiss, deny or otherwise dispose of the matter. The court make take this action on its own motion or initiative. The court may take whatever action against the perpetrator of controlling and abusive litigation deemed necessary and appropriate for a violation of the order restricting controlling and abusive litigation. (c) If a party who is protected by an order restricting controlling and abusive litigation is served with a pleading filed by the person who is subject to the order restricting controlling and abusive litigation, and the pleading does not have an attached order allowing the pleading, the protected party is under no obligation or duty to respond to the summons, complaint, petition, motion, answer interrogatories, appear for depositions or any other responsive action required by rule or statute in a civil action. (6) If the judge or designee who imposed the prefiling restrictions is no longer serving in the same capacity in the same judicial district where the restrictions were placed, or is otherwise unavailable for any reason, any other judicial officer in that judicial district may perform the review required and permitted by this section.  

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An Act to provide for payment of creditable service

H14

HD14

{'Id': None, 'Name': 'Public Employee Retirement Administration Commission', 'Type': 4, 'Details': None, 'ResponseDate': '2023-03-06T16:03:40.953'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H14/DocumentHistoryActions

Bill

So much of the recommendations of the Public Employee Retirement Administration Commission (House, No. 8) as relates to provide for payment of creditable service. Public Service.

Paragraph (b) of subdivision (1) of section 4 of chapter 32 of the general laws, as appearing in the 2020 official edition, is hereby amended in line 15 by inserting after “provided,;”: that before the date any retirement allowance becomes effective for him, he pays into the annuity savings fund of the system in one sum, or in installments, upon such terms and conditions as the board may prescribe, make-up payments of an amount equal to that which would have been withheld as regular deductions from his regular compensation had he been eligible for membership and been a member of such system during such previous period, together with buyback interest; provided further,

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An Act to support the transition to adult services for persons with disabilities

H140

HD1402

{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:28:05.52'}

[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:28:05.52'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H140/DocumentHistoryActions

Bill

By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 140) of Mark J. Cusack for legislation to support the transition to adult services for persons with disabilities. Children, Families and Persons with Disabilities.

SECTION 1: Section 2 of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the sixth paragraph the following paragraph:- “Said transition services to be provided by the school shall be closely coordinated with habilitative services provided by the bureau of transition planning of the executive office of health and human services, pursuant to section 12C of chapter 71B. To facilitate this coordination, with the consent of the parents or a child who has reached the age of majority, the child’s school committee, with no less than 21 calendar days’ notice, shall invite to the child’s Individualized Education Plan (IEP) meeting a representative of the bureau of transition planning or any participating adult service agency identified by the bureau that is known by the school to be responsible for services pursuant to 20 U.S.C. §1414(d)(1)(D) or section 12C of chapter 71B. In the event that there is no participating adult service agency known to be responsible for services, the special education director or administrator employed by the school committee, or his or her designee, shall contact the bureau of transition planning before sending this invitation. The bureau shall respond, to the extent practicable, by designating and identifying an adult services agency, or shall attend the IEP meeting on behalf of the executive office of health and human services. Such representative shall attend at least one such IEP meeting for purposes of facilitating transition planning, no later than two years before either the date the student is anticipated to graduate from high school, or turn age twenty-two, whichever date is earlier. By agreement of all participants, an Individualized Transition Plan (ITP) meeting to discuss services to be provided by any designated adult services agency may be held concurrently with Individualized Education Plan (IEP) meeting. The identification of services in an Individualized Transition Plan (ITP), or the provision of other services provided by the bureau of transition planning or an agency acting on its behalf, shall not be deemed to alter any existing obligation of the local educational agency under state or federal law. If a participating agency, other than the local educational agency, fails to provide the transition services described in the IEP, the local educational agency shall reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the child set out in the IEP. When a child is graduating or attaining the age of 22, whichever occurs first, the school shall provide to the student and to the participating agency a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals. SECTION 2. Section 12A of chapter 71B, as appearing in the 2020 Official Edition, is hereby amended by striking the definition of “Disabled person” in lines 3 through 9 and inserting in place thereof the following definition:- “Person with a disability”, a person with a physical or mental impairment that results in a substantial impediment to employment, or any individual listed on the registry of the Massachusetts Commission for the Blind. Said Section 12A, as so appearing, is further amended by inserting the following definition:- "Substantial impediment to employment" refers to a physical or mental impairment which, in light of attendant medical, psychological, vocational, educational and other related factors impedes an individual's occupational performance by preventing his/her obtaining, retaining, or preparing for employment consistent with his/her capacities and abilities. Said Section 12A, as so appearing, is further amended by striking the definition of “substantial gainful activity” in lines 25 to 31. Said Section 12A, as so appearing, is further amended by striking “disabled person” in line 14 and 33 and inserting in each instance in place thereof the words :- "person with a disability" Said Section 12A, as so appearing, is further amended in line 20 by adding the following sentence:- “Habilitative services shall also include, when necessary, instruction in independent living skills and functional life skills, independent or supportive housing, preparation for postsecondary education, preparation for individualized and integrated competitive or supported employment, and training in self-advocacy.” SECTION 3: Section 12B of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking “disabled persons” in line 6 and inserting in place thereof the words :- "persons with disabilities" SECTION 4: Section 12C of chapter 71B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the words “disabled person” in lines 1, 17, 31, 37, 44-45, 56, 65, 74-75, 92 and inserting in each instance in place thereof the words :- "person with disability" Said Section 12C, as so appearing, is further amended in line 40 by adding the following sentence:- “When such application is required, the bureau, or such other agency as may be providing a transition plan on its behalf, shall also provide training, assistance or referrals to students, parents and school regarding work incentive programs administered by the Social Security Administration for persons receiving disability benefits.” SECTION 5: Subject to appropriation, notwithstanding other provisions of the General Laws, the Department of Developmental Services shall develop and administer a discretionary demonstration program to provide, as part of a pilot project, services which are parallel in scope to programs of “community intellectual disability services” pursuant to Sections 12 and 13 of the Chapter 19B of the General Laws. This program shall be limited to persons turning 22 (i.e., ages 20 to 24) with developmental disabilities, including persons with developmental disabilities who are not eligible for any adult services pursuant to M.G.L. c. 123B and regulations promulgated thereunder”. The pilot project shall be administered consistent with appropriations and shall be limited to individuals who meet the developmental disabilities definition under the Developmental Disabilities Assistance and Bill of Rights Amendments Act of 2000, 42 U.S.C.. 15002(8)). The goals of the grant program shall be to meet the transitional needs of youth with developmental disabilities by expanding services and supports to those persons “without adult service agency ties” in the chapter 688 transition process, other than the Massachusetts Rehabilitation Commission, and to assist the Department in providing cost estimates to the Legislature pursuant to Section 6. SECTION 6: The secretary of executive office of health and human services shall file a report to the Joint Committee on Children, Families and Persons with Disabilities, by January 1, 2024 and on an annual basis thereafter, describing information about the total number of individuals referred to the bureau of transition planning of the executive office of health and human services for habilitative services from the bureau or any agency acting on its behalf, and the total number of individuals for whom such services not made available. For such persons for whom services were not made available, and who were determined to be persons with disabilities, said report shall include the proportion of individuals in need of extended case management services related to transition planning, the proportion of types of habilitative services needed by these individuals, and the approximate cost of such type of services which were not provided. SECTION 7: The executive office of health and human services shall file a report to the Joint Committee on Children, Families and Persons with Disabilities, by January 1, 2024 on proposed federal Medicaid revenue strategies to address adult service needs of transitioning students with disabilities who are not eligible for programs at state disability agencies. The report shall evaluate the use of the home and community based services (HCBS) state plan option, Community Choice state option, Medicaid rehabilitation services option, HCBS waivers and demonstration waivers. The report shall consider including ranges and methods of funding needed for individuals with varying support needs, e.g., those who require employment supports only, those who require social supports only, those who require community living/safety supports, those who require nursing or medical supports and/or those who require some combination.

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An Act limiting the use of prison labor

H1400

HD3659

{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:09:28.337'}

[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T14:09:28.3366667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:22:38.72'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:00.3066667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-30T15:49:11.4333333'}, {'Id': 'MMD1', 'Name': 'Michelle M. DuBois', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MMD1', 'ResponseDate': '2023-02-07T20:33:59.8366667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1400/DocumentHistoryActions

Bill

By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1400) of Antonio F. D. Cabral and others relative to the use of prison labor outside of the Commonwealth. The Judiciary.

Chapter 125 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 22. No administrator or superintendent of any correctional institution, including any correctional facility, county correctional facility, penal institution, state correctional facility, state prison, or jail, shall transfer any inmate or prisoner outside of the commonwealth; and no inmate or prisoner of any correctional institution, including any correctional facility, county correctional facility, penal institution, state correctional facility, state prison, or jail, shall be transferred outside of the commonwealth, for the purpose of engaging in labor outside of the Commonwealth.

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An Act relative to Massachusetts state sovereignty

H1401

HD3902

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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:17:06.4066667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T10:37:36.0266667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:23:58.8966667'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:36.3866667'}, {'Id': 'RBB1', 'Name': 'Ruth B. Balser', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RBB1', 'ResponseDate': '2023-03-02T17:17:11.91'}, {'Id': 'CPB2', 'Name': 'Christine P. Barber', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CPB2', 'ResponseDate': '2023-02-14T10:48:41.5966667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-08T14:59:41.1366667'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T15:46:44.49'}, {'Id': 'TFB1', 'Name': 'Tricia Farley-Bouvier', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TFB1', 'ResponseDate': '2023-02-23T10:28:40.58'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-06-23T15:06:52.1733333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-01T10:36:14.9233333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-01-27T13:42:40.89'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-03-16T19:55:17.6666667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:48:41.76'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-08-27T08:43:27.8133333'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-03-31T21:19:52.5233333'}, {'Id': 'RAM1', 'Name': 'Rita A. Mendes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RAM1', 'ResponseDate': '2023-07-25T16:31:32.54'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-25T13:02:16.5066667'}, {'Id': 'TTN1', 'Name': 'Tram T. Nguyen', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TTN1', 'ResponseDate': '2023-03-31T07:04:21.6133333'}, {'Id': 'SCO1', 'Name': 'Steven Owens', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SCO1', 'ResponseDate': '2023-02-10T21:43:13.7466667'}, {'Id': 'O_R1', 'Name': 'Orlando Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/O_R1', 'ResponseDate': '2023-01-26T13:08:35.69'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-23T13:41:36.9233333'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-07-15T18:45:55.8433333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-02-22T09:02:54.5433333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-03-20T12:56:54.1133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1401/DocumentHistoryActions

Bill

By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1401) of Antonio F. D. Cabral and others relative to existing agreements by the Commonwealth, law enforcement agencies, municipalities, or other subdivisions. The Judiciary.

SECTION 1. Chapter 12 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 5O the following new sections:- Section 5P. (a) As used in this section, the following words shall have the following meanings: “Agreement”, any contract, agreement, memorandum of understanding, or other arrangement to arrest, detain, or house any person for the purpose of civil immigration detention, including for the purpose of detention pursuant to Sections 1225, 1226, or 1231 of Title 8 of the United States Code; and any contract, agreement, memorandum of understanding, or other arrangement pursuant to Section 1357(g) of Title 8 of the United States Code. "Law enforcement agency”, an agency in the Commonwealth charged with enforcement of state and municipal laws or with managing custody of detained or incarcerated persons in the state, including but not limited to municipal police departments, sheriff's departments, campus police departments, the Department of Corrections, Massachusetts State Police, and the Department of Youth Services. (b) The Commonwealth and any law enforcement agencies, municipalities, or other subdivisions thereof shall not be authorized to enter into a new agreement, to extend, modify or renew an existing agreement, or to remain in an existing agreement longer than ninety days from the date on which this act takes effect. (c) The Attorney General may promulgate rules and regulations for purposes of implementing this section. (d) Nothing in this Section shall preclude an employee or representative of a law enforcement agency from otherwise executing that person’s professional duties in ensuring public safety, provided that they do not make, extend, modify, renew, or remain in an agreement in violation of this section. (e) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, he or she may bring an action in the name of the Commonwealth against such person or entity to restrain such violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the Superior Court of the county in which such violation is occurring or is reasonably anticipated to occur, or in the Superior Court of Suffolk County, at the Attorney General’s election. Nothing herein shall preclude a private action concerning any violation of this section against any person or entity, to the extent otherwise permitted by law. Section 5Q. (a) As used in this section, the following words shall have the following meanings: “Law enforcement agency”, the sheriffs and their offices and departments, and the police departments of municipalities and other subdivisions of the Commonwealth. “Agreement”, any contract, agreement, or memorandum of understanding to which the government of the United States is party, regardless of subject matter. “Deputization”, any deputization by the government of the United States or any other conferral of authority to act with the power of an officer or employee of the government of the United States, including pursuant to Sections 0.19(a)(3) and 0.112 of title 28 of the Code of Federal Regulations. (b) Prior to agreeing to or otherwise accepting any agreement or deputization, or authorizing any employee to agree to or otherwise accept any agreement or deputization, a law enforcement agency must seek and receive written authorization from the Governor or the Governor’s written designee. Such authorization shall be memorialized in writing and signed by the Governor or his or her designee, and a copy of the writing shall promptly be transmitted to the Executive Office of Public Safety and Security, which shall retain it for as long as the law may require, but in any event no less than six years after the date of execution or after the authorization expires, whichever is later. (c) The Executive Office of Public Safety and Security may promulgate rules and regulations for purposes of implementing this section. (d) Whenever the Attorney General has reason to believe that any person or entity is violating the provisions of this section, he or she may bring an action in the name of the Commonwealth against such person or entity to restrain such violation by temporary restraining order or preliminary or permanent injunction. The action may be brought in the Superior Court of the county in which such violation is occurring or is reasonably anticipated to occur, or in the Superior Court of Suffolk county, at the Attorney General’s election. Nothing herein shall preclude a private action concerning any violation of this section against any person or entity, to the extent otherwise permitted by law. (e) Nothing herein shall be construed to expand the authority of the Governor, the Commonwealth, or any municipality or other subdivision thereof to enter into any agreement, or accept any deputization, that is not otherwise authorized by law. SECTION 2. This act shall take effect upon its passage.

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An Act for the youth restorative justice fund

H1402

HD3937

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[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:29:30.6666667'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:24:12.7633333'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:23.96'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-01-31T15:46:40.2933333'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-02-07T12:46:42.9966667'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-05-23T22:23:04.8833333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:45:35.42'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-03-21T16:52:58.13'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-26T14:07:08.93'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1402/DocumentHistoryActions

Bill

By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1402) of Antonio F. D. Cabral and others for legislation to establish a youth restorative justice fund. The Judiciary.

SECTION 1. The General Laws, as appearing in the 2018 Official Edition, are hereby amended by inserting after chapter 94I the following chapter:- CHAPTER 94J. YOUTH RESTORATIVE JUSTICE FUND Section 1. There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Youth Restorative Justice Fund. The fund shall be credited the portion of any monies and proceeds received by the Commonwealth pursuant to subsection (d) of section 47 of chapter 94C of the General Laws and shall be administered in accordance therewith by the secretary of public safety. The state treasurer shall be treasurer and custodian of the fund, shall have the custody of its monies and shall disperse the monies according to the request of the secretary of public safety and security. Monies deposited in the fund shall be used solely for the provisions of subsection (d) of section 47 of said chapter 94C. SECTION 2. Subsection (d) of section 47 of chapter 94C of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in lines 121-127, inclusive, the second paragraph and inserting in place thereof the following paragraphs:- “(1) The final order of the court shall provide that said monies and the proceeds of any such sale shall be distributed in the following manner: 34 per cent shall be distributed to the Youth Restorative Justice Fund for the support and expansion of restorative justice models of juvenile diversion, provided further that no less than 50 percent of the monies of the fund be directed to Youth Courts; 33 per cent to the prosecuting district attorney or attorney general; and 33 per cent to the city, town, or state police department involved in the seizure, provided, however, that more than one department was substantially involved in the seizure, the court having jurisdiction of the forfeiture proceeds shall equitably distribute said proceeds among those departments. (2) For the purposes of this section, ‘youth court’ means any administrative forum, organized as a non-profit or public entity, whereby first-time juvenile offenders who have committed misdemeanor crimes are diverted to an informal proceeding where they receive sanctions based on the recommendation of similarly aged volunteers. (3) The secretary of public safety and security is hereby granted the authority to administer the Youth Restorative Justice Fund established pursuant to subsection (d) of Section 47 of Chapter 94C for the purpose of making grants to youth court and juvenile diversion programs using a restorative justice model. Such grants shall be made on an annual basis to these programs, at the discretion of the secretary. (4) A youth court or juvenile diversion program that receives grants established by this section must account for all funds by providing an annual report to the secretary of public safety and security that documents all monies received by the youth court or juvenile diversion program and all payments made by the youth court and provides any additional information the secretary may request.” SECTION 3. Subsection (d) of said section 47 of said chapter 94C, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following paragraphs:— “On February fifteenth of each year, each district attorney, the attorney general, the colonel and superintendent of the state police, and the secretary of the Executive Office of Public Safety and Security shall post on-line and file a detailed report with the house committee on ways and means, the senate committee on ways and ways and means, and the joint committee on public safety and homeland security containing the total amounts collected pursuant to subsection (d) of section 47 of chapter 94C and each expenditure made from such amounts. Reports filed with said committees annually on February fifteenth shall detail said deposit and expenditure of all monies for the preceding fiscal year and the current fiscal year through December thirty-first. On February fifteenth of each year, each chief of police of such city or town shall file a detailed report with the division of local services of the department of revenue containing the total amounts collected pursuant to subsection d of section 47 of chapter 94C and each expenditure made from such amounts. The division shall post said reports on-line within 60 days of said deadlines and file the report with the house committee on ways and means, the senate committee on ways and means, and the joint committee on public safety and homeland security. Reports filed with said department annually in February fifteenth shall detail such deposits and expenditures of all monies for the preceding fiscal year and the current fiscal year through December thirty-first.” SECTION 4. Effective Date. The district attorney, the attorney general and the secretary of the Massachusetts Executive Office of Public Safety and Security shall post the report described in subsection (a) of this section within 90 days of the close of the fiscal year in which this bill is enacted, or the fifteenth of February, whichever is first. The chief of police or such city or town shall file the report described in subsection (a) of this section within 90 days of the close of the fiscal year in which this bill is enacted, or the fifteen of February, whichever is first.

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An Act relative to transparency in clerk magistrate hearings

H1403

HD3940

{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:31:39.4'}

[{'Id': 'AFC1', 'Name': 'Antonio F. D. Cabral', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AFC1', 'ResponseDate': '2023-01-20T15:31:39.4'}, {'Id': 'C_H1', 'Name': 'Christopher Hendricks', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/C_H1', 'ResponseDate': '2023-01-26T15:24:19.59'}, {'Id': 'PAS1', 'Name': 'Paul A. Schmid, III', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAS1', 'ResponseDate': '2023-02-01T14:37:25.38'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-01T15:47:36.9066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1403/DocumentHistoryActions

Bill

By Representative Cabral of New Bedford, a petition (accompanied by bill, House, No. 1403) of Antonio F. D. Cabral and others for legislation to further regulate clerk magistrate hearings. The Judiciary.

Section 35A of chapter 218 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting the following paragraph: Any hearing held pursuant to this section, and any record associated with such hearing shall be presumed to be open to the public unless the court, or said officer thereof, makes a written finding, for good cause shown, that the defendant’s interest in privacy outweighs the public’s right of access. Any such finding shall be made only after a hearing on the record, in which the court may permit an interested non-party, who files a notice of appearance limited to participation in the proceeding, to be heard. Any such finding shall state with specificity the reason for closing the hearing and shall be narrowly tailored to said reason. All hearings held pursuant to this section shall be taken stenographically or recorded and transcribed.

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An Act protecting homeowners from unnecessary foreclosures

H1404

HD3467

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T12:55:29.01'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-20T12:55:29.01'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-20T12:56:46.9'}, {'Id': 'DWG1', 'Name': 'Danielle W. Gregoire', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DWG1', 'ResponseDate': '2023-01-26T12:18:34.4933333'}, {'Id': 'JJO1', 'Name': "James J. O'Day", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JJO1', 'ResponseDate': '2023-01-26T12:18:34.4933333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-02-06T12:56:50.8133333'}, {'Id': 'JRO0', 'Name': 'Jacob R. Oliveira', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JRO0', 'ResponseDate': '2023-04-23T19:28:16.4166667'}]

{'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-01-20T12:56:37.057'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1404/DocumentHistoryActions

Bill

By Representatives Cahill of Lynn and Vitolo of Brookline, a petition (accompanied by bill, House, No. 1404) of Daniel Cahill, Tommy Vitolo and others relative to protecting homeowners from unnecessary foreclosures. The Judiciary.

SECTION 1. Section 35C of chapter 244 of the General Laws is hereby amended by striking out subsection (h) and replacing it with the following: (h) In all circumstances in which an entity with a tax-exempt filing status under section 501(c)(3) of the Internal Revenue Code, or an entity controlled by an entity with such tax exempt filing status— a. Offers to purchase either a mortgage loan or residential property, no creditor shall require as a condition of sale or transfer to any such entity any affidavit, statement, agreement or addendum limiting ownership or occupancy of the residential property by the borrower and, if obtained, such affidavit, statement, agreement or addendum shall not provide a basis to avoid a sale or transfer nor shall it be enforceable against such acquiring entity or any real estate broker, borrower or settlement agent named in such affidavit, statement or addendum. b. Obtains from a person acquiring or re-acquiring a residential property any mortgage, note, or security instrument encumbering such residential property that secures the contingent right of the entity to receive a share of the appreciation in value of such residential property upon the sale, conveyance, assignment, or other transfer thereof, upon refinancing of the first priority mortgage loan, or other payoff or satisfaction therof, or upon the occurrence of other events, including reaching a defined maturity date, said entity shall not be liable for monetary relief, injunctive relief, or other equitable relief at common law or by statute, including Chapter 93A, Chapter 140D, Chapter 183C, and/or Chapter 271, Section 49 of the General Laws, for the use or terms of said mortgage, note, or security instrument so long as such person is advised, in ‎advance of the closing of such person’s acquisition or re-acquisition of ‎such residential property, that such person will be required to give such a mortgage, note, or security instrument to such entity at the closing. c. The Attorney General may make rules and regulations interpreting subsection 35C (h) b of this chapter.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to Whereas, the purpose of this act is to codify existing law and ensure that homeowners receive the protection intended by the legislature to avoid unnecessary foreclosures; and Whereas, the deferred operation of this act would tend to defeat its purpose as stated above, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public peace, health, safety and convenience., therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.

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An Act relative to uniform real property electronic recordings

H1405

HD1618

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:15:52.973'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-18T16:15:52.9733333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1405/DocumentHistoryActions

Bill

By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1405) of Daniel Cahill relative to uniform real property electronic recordings. The Judiciary.

SECTION 1. The General Laws are hereby amended by inserting after chapter 110F the following chapter:- CHAPTER 110I. UNIFORM REAL PROPERTY ELECTRONIC RECORDINGS Section 1. SHORT TITLE. This act may be cited as the Uniform Real Property Electronic Recording Act Section 2. For the purpose of this Act the following words shall, unless the context clearly indicates otherwise, have the following meanings:- “Document” means information that is: (A) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (B) eligible to be recorded in the land records maintained by the registrar. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. “Electronic document” means a document that is received by the registrar in an electronic form. “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Section 3. VALIDITY OF ELECTRONIC DOCUMENTS. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this act. (b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature. (c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature. Section 4. RECORDING OF DOCUMENTS. (a) In this section, paper document means a document that is received by the registrar in a form that is not electronic. (b) A registrar: 1. who implements any of the functions listed in this section shall do so in compliance with standards established by the Secretary of State. 2. may receive, index, store, archive, and transmit electronic documents. 3. may provide for access to, and for search and retrieval of, documents and information by electronic means. 4. who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index. 5. may convert paper documents accepted for recording into electronic form. 6. may convert into electronic form information recorded before the registrar began to record electronic documents. 7. may accept electronically any fee or tax that the registrar is authorized to collect. 8. may agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes. Section 5. ADMINISTRATION AND STANDARDS. (a) The Secretary of State shall adopt standards to implement this act. (b) To keep the standards and practices of registrars in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this act and to keep the technology used by registrars in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this act, the Secretary of State, so far as is consistent with the purposes, policies, and provisions of this act, in adopting, amending, and repealing standards shall consider: 1) standards and practices of other jurisdictions; 2) the most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association; 3) the views of interested persons and governmental officials and entities; and 4) the needs of counties of varying size, population, and resources. Section 6. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Section 7. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)). SECTION 2. Section 7 shall take effect on January 1, 2025.

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An Act regarding conditions of release in Superior Court

H1406

HD2363

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T12:33:34.587'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T12:33:34.5866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1406/DocumentHistoryActions

Bill

By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1406) of Daniel Cahill relative to conditions of release in Superior Court. The Judiciary.

SECTION 1. Section 57 of Chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out, in line 12, the words “and may”. SECTION 2. Section 57 of Chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended by inserting, in line 14, after the word “him” the following words:- ; and may, if determined to be necessary, order the defendant to abide by specified restrictions on personal associations or conduct including, but not limited to, avoiding all contact with an alleged victim of the crime and any potential witness or witnesses who may testify concerning the offense, as a condition of release. SECTION 3. Section 58B of Chapter 276 of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended by inserting, in line 2, after the number “42A,” the following number: - “57,”

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An Act relative to criminal harassment against a sports official

H1407

HD3033

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:03:37.477'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:03:37.4766667'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-30T16:03:52.9266667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-08-17T16:35:22.07'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-08-17T16:35:22.07'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-08-17T16:35:22.07'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1407/DocumentHistoryActions

Bill

By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1407) of Daniel Cahill and Gerard J. Cassidy relative to criminal harassment against sports officials. The Judiciary.

Section 43B. (Whoever willfully and maliciously engages in an act or series of acts during the course of a sporting event directed at a sports official, who is acting in their official capacity, which threatens serious bodily injury to a sports official that would cause a reasonable person to fear for their personal safety, shall be guilty of the crime of criminal harassment against a sports official and shall be punished by imprisonment in a house of correction for not more than 2 1/2 years or by a fine of not more than $1,000, or by both such fine and imprisonment. ; and for a second or subsequent offense, by imprisonment in the state prison for not less than five nor more than ten years. As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:- “Sports official”, any person who serves as a referee, umpire, line judge, scorer, timer, or who acts in any similar capacity, whether paid or volunteer, during a sporting event and is registered by, or a member of, a local, state, regional or national organization engaged in providing education and training to sports officials. “Sporting event”, any interscholastic or intramural athletic activity in a primary, middle, junior high, or high school, college, or university, any organized athletic activity sponsored by a community, business, or nonprofit organization, or any semiprofessional athletic activity that is officiated by a sports official.

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An Act providing for equity within the Judicial Branch

H1408

HD3044

{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:31:44.607'}

[{'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-01-19T23:31:44.6066667'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-26T12:18:46.0733333'}, {'Id': 'MFR0', 'Name': 'Michael F. Rush', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MFR0', 'ResponseDate': '2023-10-17T13:16:18.91'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1408/DocumentHistoryActions

Bill

By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 1408) of Daniel Cahill and Sal N. DiDomenico relative to adjusting the salaries of certain judicial branch employees. The Judiciary.

SECTION 1. Notwithstanding sections 93 and 94 of chapter 221; section 6 of chapter211A; sections 53, 58, and 79 of chapter 218; section 35A of chapter 217; section 14 of chapter 185 and section 9A of chapter 185C or any other general or special law or by-law to the contrary, the salaries of the Clerk of the Supreme Judicial Court for the Commonwealth, the Clerk of the of the Supreme Judicial Court for Suffolk County, the Clerk of the Appeals Court, the Clerks in the Superior Court, the Clerk of the Superior Court for Criminal Business in the County of Suffolk, the Clerk of the Superior Court for Civil Business in the County of Suffolk, the Clerks of the Boston Municipal Court; the Clerks in the Juvenile Department; the Clerks in the District Court Department; the Registers of the Probate and Family Court Department; the Recorder of the Land Court Department; and the Clerks of the Housing Court Department shall be 84.57 percent of the salary of the Chief Justice of the Supreme Judicial Court. SECTION 2. Said section 22 of chapter 211 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$232,101” and inserting in place thereof the following figure:- $242,101. SECTION 3. Said section 22 of said chapter 211, as so appearing, is hereby further amended by striking out, in line 2, the figure “$226,187” and inserting in place thereof the following figure:- $236,187. SECTION 4. Said section 2 of chapter 211A of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure “$219,856” and inserting in place thereof the following figure:- $229,856. SECTION 5. Said section 2 of said chapter 211A, as so appearing, is hereby further amended by striking out, in line 2, the figure “$213,924” and inserting in place thereof the following figure:- $223,924. SECTION 6. Said section 4 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure “$207,855” and inserting in place thereof the following figure:- $217,855. SECTION 7. Said section 4 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 5, the figure “$213,966” and inserting in place thereof the following figure:- $223,966. SECTION 8. Said section 4 of said chapter 211B, as so appearing, is hereby further amended by striking out, in line 7, the figure “$220,160” and inserting in place thereof the following figure:- $230,160. SECTION 9. This act shall be effect on of July 1, 2023.

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An Act protecting honest employers by creating construction private attorney general actions

H1409

HD1070

{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-18T10:39:19.187'}

[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-18T10:39:19.1866667'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-04-25T16:20:34.9633333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-05-04T19:57:45.4866667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-09-21T14:31:48.9133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1409/DocumentHistoryActions

Bill

By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 1409) of Peter Capano relative to creating construction wage theft private attorney general actions. The Judiciary.

Add a new section 150D to the general laws at chapter 149, which shall read as follows: Section 150D Construction Industry Private Attorney General Action (a) Whereas wage law enforcement and honest bid competition are compelling state interest, its police powers for enforcement shall include, but not be limited to, this section: a. Construction Industry employment makes more difficult protecting employees against Wage Non-Payment and competing employers against unfair competition based on Wage Non-payment, as employees and employers navigate during single pay-periods multiple construction sites throughout the Commonwealth and neighboring or other states; b. Most construction firms employ fewer than twelve employees inhibiting employees similarly situated to obtain class certification under court rules; c. An employer’s failure to comply with wage payment and related law provides competitive advantage that illegally shaves costs resulting in illegally deflated bids to compete against honest employers, and such illegal conduct harms competition including by way of workers compensation insurance premium evasion –affecting insurance rates and causes payroll tax loss to the Commonwealth increasing the public’s tax burdens; and d. Construction Industry higher tier contractors often contract with the lowest price bidder; and e. The public is harmed when higher tier contractors subcontract to business enterprises or lower tier subcontractors that cheat to compete by failing to fully comply with wage payment laws and regulations; and f. The public is harmed when employees lack proper wages on payday, including but not limited to the difficulty for an unpaid employee to meet his or her financial obligations owed to others in the stream of commerce or marketplace causing public harms that include, for example, unpaid rent, mortgages, medical bills and related insurance payments, automobile expenses, and other common living expenses; and g. The public is benefited when: i. Construction competition among bidders is based on honest bid competition as honesty promotes competition; and ii. An Interested Party pursues wage law compliance on behalf of the Commonwealth as it best ensures non-complying construction employers will experience exposure and the consequences when they do not pay their statutory and contractual wage related obligations. (b) Definitions, for this section 150D: “Construction Industry” shall have the broadest meaning possible to include but not be limited to drivers delivering construction material to construction sites for employers who primarily deliver such materials, residential contracting services referenced in chapter 142A, and any labor performed on private projects that are of a similar type of labor performed on public projects governed by section 27. “Construction Industry Employer” means any person who or entity that, within the 5-year period preceding the date an action under this section was filed: i) contracted to perform work, regardless of contract or subcontract tier level, on a project governed by section 27 of this chapter after having submitted a bid for same and who employed employees who performed labor under that contract; or ii) contracted to perform construction work located in the Commonwealth in excess of $500,000, regardless of contract or subcontract tier level, and employed Construction Industry employees who performed labor under that contract. “Interested Party” means any one or more of the following: 1. Any Construction Industry Employer; 2. Any trustee acting on behalf of an organization or trust established for the purposes of the Labor Management Cooperation Act of 1978, 29 U.S.C. section 175a, where contributions are made by at least five Construction Industry Employers; 3. Any labor organization which has as members, or is authorized to represent, employees and which exists in whole or part for the purposes of negotiating with Construction Industry Employers concerning wages, hours, or terms and conditions of employment of such employer’s employees; or 4. Any organization that represents five or more member firms that are Construction Industry Employers that employed labor on public works project governed by section 27 of this chapter or 5. Any Affected Employee. “Wage Non-payment” means the failure to pay a wage owed to an Affected Employee in violation of any of the following statutes or contract provision: sections 27, 148, 148A, 148B, or 150 of the general laws at chapter 149; or section 1A of the general laws at chapter 151; or any contract provision that required the payment of wages on a construction project in accord with rates required under section 27 of chapter 149. “Affected Employee” means any Construction Industry employee or former employee who was employed by an individual or firm named as a defendant employer in an action filed under this section where such employee remains due from such defendant any Wage Non-payment whatsoever, regardless as to where or the type of labor was performed, provided that a substantial part of the Wage Non-payment owed was earned by the employee while performing Construction Industry labor as employee of such defendant. (c) Civil Action: In addition to all common law, contract, or other remedies available at law, an Interested Party alleging facts that show probable cause that an employer has engaged in or caused a Wage Non-payment shall have standing and be entitled to bring an action in the name of and on behalf of the Commonwealth and the public, for the use and benefit of same, against such employer to recover damages and penalties stated in this section. A civil action filed under this section shall be deemed a private attorney general action. The representative nature of such an action on behalf of the Commonwealth is not waivable and shall not be deemed a class action, so long as there is at least a common question of law or fact among at least two Affected Employees. Regardless as to whether any Affected Employee’s claim must be arbitrated, the representative action on behalf of the Commonwealth cannot be waived or compelled to arbitration. Further, the Interested Party bringing such representative claim shall not have to wait for an arbitration decision or award before proceeding in court under this section. The Interested Party filing an action under this section shall provide a copy of the complaint for the purposes of notice to the attorneys general, within 10 business days of the filing. If the Interested Party prevails in the action, the court shall award treble the Wage Non-payment damages, as liquidated damages, to any Affected Employee who has, following a court approved notice of same, responded to the court within 90 calendar days, affirming an interest in a recovery, which notice shall be interpreted liberally to encourage Affected Employees to respond and affirm such an interest. A twenty percent surcharge tax on the total amount awarded by the court-including on attorney fees, in addition to other usual income taxes due, on this recovery shall be paid into a wage enforcement fund established by the attorney general. Such fund shall be used by the attorney general to enforce wage laws, educate the public, particularly employers and employees, about wage law obligations and rights, and when the attorney general deems the fund is sufficiently funded, to advance some payment by loan pending an action under this section and upon the attorney general’s sole and exclusive discretion, to an Affected Employee showing urgent need to obtain unpaid wages to pay housing, heat, or food costs. In addition, the Interested Party who prevails under this section shall be entitled to recover for the Commonwealth penalties, and Wage Non-payments as restitution incurred by each other Affected Employee who did not respond affirming an interest, as follows: For each violation of law, the court shall order the defendant employer to pay into the wage enforcement fund (i) a penalty in the amount of $50 per violation per pay-period for each unresponsive Affected Employee; and (ii) an amount, payable into the wage enforcement fund, equal to single Wage Non-payment damages, as restitution, incurred for all Wage Non-payments that the defendant employer should have paid to each Affected Employee who did not respond timely to a court approved notice affirming an interest in a recovery; the attorney general shall hold in escrow such amounts until the original statute of limitation period applicable against the defendant employer to expire on such restitution obtained in the event the Affective Employee reconsiders and seeks the restitution. But, after such limitations period has expired with no such employee claim, the amount shall escheat to the wage enforcement fund. A defendant employer ordered to pay into the wage enforcement fund as single Wage-Nonpayment damages restitution incurred for labor performed by an Affected Employee who failed to affirm an interest in a recovery shall be entitled to a set-off of such amount paid against a future Wage Non-payment or other wage action filed by or on behalf of such Affected Employee, but no set-off shall apply to the $50 per pay period penalty. In addition, the Interested Party may also bring on behalf of the Commonwealth a claim for injunctive and declaratory relief. An Interested Party that prevails in any action filed under this section shall be awarded the costs of the litigation and reasonable attorney fees. An action filed under this section shall be filed within limitation period of the Wage Non-payment at issue, except that where a Wage Non-payment also includes a violation of contract the Interested Party shall be a third-party beneficiary of the contract, including any public procurement contract, and recovery applicable to that portion of the action shall include amounts due within the limitations period set forth under section 2 of the general laws at chapter 260; for such contract action filed beyond the limitation period of the Wage Non-payment at issue liquidated damages shall not be awarded unless the contract recites otherwise and the court may award fees for such contract provision portion of the action in accord with the contract or its discretion. On the trial no defense for failure to pay as required, other than the attachment of wages by trustee process or a valid assignment thereof or a valid set-off against the same, or the absence of the employee from his regular place of labor at the time of payment, or an actual tender to such employee at the time of payment of the wages so earned by him, shall be valid. The defendant shall not set up as a defense a payment of wages made or offered after the action under this section has been filed. The superior court shall have jurisdiction to hear an action filed under this section regardless as to the amount in controversy. Any provision in this section found to be unenforceable or invalid shall not affect other provisions in this section which shall remain valid and enforceable. Attorney General Intervention: As a matter of right the attorney general may intervene as a plaintiff at any time, including post trial, by notice of same filed with the court or may file an appearance to be served all pleadings and discovery for monitoring. In the event that she intervenes, the attorney general shall thenceforth represent the Commonwealth as plaintiff, not the Interested Party. If the Interested Party shall retain party status, if it so chooses, for purposes that may include and not be limited to providing opportunity to the Interested Party to raise its interests or concerns including regarding any settlement proposed or to recover, if appropriate, its reasonable costs and fees incurred. The attorney general shall not settle the matter with the defendant without the participation in all settlement communications with the Interested Party who retained party status and without first obtaining such Interested Party’s informed consent which shall not be reasonably withheld. Nothing in this section shall be deemed as an exclusive remedy and this section shall not affect the rights of the attorney general or any other person to pursue additional or other remedies available by way of other laws or available actions.

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An Act updating Nicky’s Law to protect individuals with disabilities in MassHealth day habilitation programs

H141

HD424

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T13:06:21.583'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-10T13:06:21.5833333'}, {'Id': 'J_A1', 'Name': 'James Arciero', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/J_A1', 'ResponseDate': '2023-03-09T12:13:17.5166667'}, {'Id': 'FJB1', 'Name': 'F. Jay Barrows', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FJB1', 'ResponseDate': '2023-02-16T12:38:03.6233333'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-02-02T15:36:11.32'}, {'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-02-23T09:02:55.6333333'}, {'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-03-21T16:59:03.56'}, {'Id': 'M_C2', 'Name': 'Michelle L. Ciccolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C2', 'ResponseDate': '2023-03-02T15:10:49.0366667'}, {'Id': 'ALD1', 'Name': "Angelo L. D'Emilia", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ALD1', 'ResponseDate': '2023-02-18T12:09:58.1466667'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-04-05T17:05:37.5633333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:40:55.1133333'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-02-22T14:41:25.3466667'}, {'Id': 'WJD1', 'Name': 'William J. Driscoll, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WJD1', 'ResponseDate': '2023-03-06T15:51:35.9633333'}, {'Id': 'PAD1', 'Name': 'Patricia A. Duffy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAD1', 'ResponseDate': '2023-02-22T14:57:59.65'}, {'Id': 'RCF0', 'Name': 'Ryan C. Fattman', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RCF0', 'ResponseDate': '2023-02-24T12:47:15.3966667'}, {'Id': 'KNF1', 'Name': 'Kimberly N. Ferguson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KNF1', 'ResponseDate': '2023-02-06T10:13:55.8133333'}, {'Id': 'S_G1', 'Name': 'Sean Garballey', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G1', 'ResponseDate': '2023-01-23T13:33:00.3666667'}, {'Id': 'DCG1', 'Name': 'Denise C. Garlick', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DCG1', 'ResponseDate': '2023-02-15T12:49:12.9433333'}, {'Id': 'CLG1', 'Name': 'Carmine Lawrence Gentile', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CLG1', 'ResponseDate': '2023-04-01T12:39:55.3533333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-22T14:54:10.18'}, {'Id': 'REH1', 'Name': 'Russell E. Holmes', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/REH1', 'ResponseDate': '2023-03-10T14:25:04.4433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:27:06.08'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-16T13:26:10.6533333'}, {'Id': 'BHJ1', 'Name': 'Bradley H. Jones, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BHJ1', 'ResponseDate': '2023-02-16T12:11:49.37'}, {'Id': 'HEK1', 'Name': 'Hannah Kane', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/HEK1', 'ResponseDate': '2023-02-02T15:21:21.41'}, {'Id': 'PJK1', 'Name': 'Patrick Joseph Kearney', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PJK1', 'ResponseDate': '2023-02-22T12:25:38.32'}, {'Id': 'K_K1', 'Name': 'Kay Khan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/K_K1', 'ResponseDate': '2023-02-01T10:53:18.84'}, {'Id': 'KPL1', 'Name': 'Kathleen R. LaNatra', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/KPL1', 'ResponseDate': '2023-02-01T13:35:21.34'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-23T10:38:30.6266667'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-02-16T10:58:23.4366667'}, {'Id': 'DPL1', 'Name': 'David Paul Linsky', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DPL1', 'ResponseDate': '2023-02-23T10:35:52.9066667'}, {'Id': 'JDM1', 'Name': 'Joseph D. McKenna', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JDM1', 'ResponseDate': '2023-01-23T15:49:55.0966667'}, {'Id': 'P_M1', 'Name': 'Paul McMurtry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/P_M1', 'ResponseDate': '2023-02-08T08:37:52.0033333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-24T13:48:32.6366667'}, {'Id': 'FAM1', 'Name': 'Frank A. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/FAM1', 'ResponseDate': '2023-02-16T10:47:29.4266667'}, {'Id': 'SLM0', 'Name': 'Susan L. Moran', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLM0', 'ResponseDate': '2023-03-29T16:52:52.0666667'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:40:12.2766667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-03-02T14:15:48.3966667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-06-21T12:55:21.4766667'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-07-10T14:50:24.11'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-16T20:53:00.7533333'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-03-10T16:04:10.63'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-02-21T13:00:06.9333333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-09-29T16:20:47.9466667'}, {'Id': 'SLG1', 'Name': 'Susannah M. Whipps', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SLG1', 'ResponseDate': '2023-02-16T19:24:20.7'}, {'Id': 'BLW1', 'Name': 'Bud L. Williams', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BLW1', 'ResponseDate': '2023-02-03T16:40:27.98'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H141/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 141) of Josh S. Cutler and others for legislation to protect individuals with disabilities in MassHealth day habilitation programs. Children, Families and Persons with Disabilities.

SECTION 1. Section 15 of Chapter 19C of the General Laws, as appearing in the 2020 is hereby amended by striking the definition for “employer” and inserting in place thereof the following definition:- “Employer”, an entity that provides services or treatment to persons with intellectual or developmental disabilities pursuant to (i) a contract or agreement with the department; (ii) funding administered by the department; (iii) a license issued pursuant to section 15 or 15A of chapter 19B; or (iv) a contract with MassHealth to provide day habilitation services subject to 130 CMR 419.000.

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An Act preventing unnecessary vacancies in foreclosed homes

H1410

HD3218

{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T11:03:20.493'}

[{'Id': 'PLC1', 'Name': 'Peter Capano', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PLC1', 'ResponseDate': '2023-01-20T11:03:20.4933333'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-02-27T12:22:06.81'}, {'Id': 'DAL1', 'Name': 'David Henry Argosky LeBoeuf', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DAL1', 'ResponseDate': '2023-02-27T12:22:06.81'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1410/DocumentHistoryActions

Bill

By Representative Capano of Lynn, a petition (accompanied by bill, House, No. 1410) of Peter Capano, Natalie M. Higgins and David Henry Argosky LeBoeuf relative to vacancies in foreclosed homes. The Judiciary.

SECTION 1. Chapter 186A of the General Laws is hereby amended by striking out sections 1 and 2 in their entirety and inserting in place thereof the following:- Section 1. (a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:— ''Entity'', a business organization, or any other kind of organization including, without limitation, a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship or any other category of organization and any employee, agent, servant or other representative of such entity. ''Eviction'', an action, without limitation, by a foreclosing owner of a housing accommodation which is intended to actually or constructively evict a tenant or otherwise compel a tenant to vacate such housing accommodation. “Fair Market Rent,” an amount equal to that established by the United States Department of Housing and Urban Development pursuant to 42 U.S.C. section 1437f(c), as it exists or may be amended, for a unit of comparable size in the area in which the property is located. ‘'Foreclosing owner'', an entity that holds title in any capacity, directly or indirectly, without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation that has been foreclosed upon and either: (1) held or owned a mortgage or other security interest in the housing accommodation at any point prior to the foreclosure of the housing accommodation or is the subsidiary, parent, trustee, or agent thereof; or (2) is an institutional mortgagee that acquires or holds title to the housing accommodation within 3 years of the filing of a foreclosure deed on the housing accommodation; or (3) is the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation or the Federal Deposit Insurance Corporation. ''Foreclosure'', a legal proceeding to terminate a mortgagor's interest in property, instituted by the mortgagee, and regulated under chapter 244. “Foreclosure Sale Purchaser” or “purchaser”, either a foreclosing owner or a person or entity which purchases a housing accommodation from a foreclosing owner, not intending to reside or have a family member reside in such housing accommodation as the primary residence of such person or individual in control of such entity. ''Housing accommodation'', a building or structure, or part thereof or land appurtenant thereto, and any other real or personal property used, rented or offered for rent for living or dwelling purposes, together with all services connected with the use or occupancy of such property. ''Institutional mortgagee'', an entity or an entity which is the subsidiary, parent, trustee or agent thereof or otherwise related to such entity, that holds or owns mortgages or other security interests in 3 or more housing accommodations or that acts as a mortgage servicer of 3 or more mortgages of housing accommodations. ''Just cause'', 1 of the following: (1) the tenant has failed to pay the rent in effect prior to the foreclosure or, in the case of the former mortgagor and any household members, monthly rent payments in an amount agreed to by the mortgagor and purchaser or, in the absence of such agreement, a Fair Market Rent as long as the foreclosure sale purchaser notified the tenant in writing of the amount of rent, the agreed upon monthly rent payments or Fair Market Rent that was to be paid and to whom it was to be paid; (2) the tenant has materially violated an obligation or covenant of the tenancy or occupancy, other than the obligation to surrender possession upon proper notice, and has failed to cure such violation within 30 days after having received written notice thereof from the foreclosing owner; (3) the tenant is committing a nuisance in the unit, is permitting a nuisance to exist in the unit, is causing substantial damage to the unit or is creating a substantial interference with the quiet enjoyment of other occupants; (4) the tenant is using or permitting the unit to be used for any illegal purpose; (5) the tenant who had a written bona fide lease or other rental agreement which terminated, on or after August 10, 2010, has refused, after written request or demand by the foreclosing owner, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with this chapter; (6) the tenant has refused the foreclosing owner reasonable access to the unit for the purpose of making necessary repairs or improvement required by the laws of the United States, the commonwealth or any subdivision thereof, or for the purpose of inspection as permitted or required by agreement or by law or for the purpose of showing the unit to a prospective purchaser or mortgagee provided. Nothing in the section shall limit the rights of a third-party owner to evict a tenant at the expiration of an existing lease. ''Mortgagee'', an entity to whom property is mortgaged, the mortgage creditor or lender including, but not limited to, mortgage servicers, lenders in a mortgage agreement and any agent, servant or employee of the mortgagee or any successor in interest or assignee of the mortgagee's rights, interests or obligations under the mortgage agreement. ''Mortgage servicer'', an entity which administers or at any point administered the mortgage; provided, however that such administration shall include, but not be limited to, calculating principal and interest, collecting payments from the mortgagor, acting as escrow agent or foreclosing in the event of a default. “Tenant”, a person or group of persons who at the time of foreclosure is an occupant of such housing accommodation. A person who moves into the housing accommodation owned by the foreclosure sale purchaser, subsequent to the foreclosure sale, without the express written permission of the foreclosure sale purchaser shall not be considered a tenant under this chapter. ''Unit'' or ''residential unit'', the room or group of rooms within a housing accommodation which is used or intended for use as a residence by 1 household. Section 2. Notwithstanding any general or special law to the contrary, When a mortgage of real estate is foreclosed by a sale under a power contained therein, or otherwise, a foreclosure sale purchaser having a valid title to such estate, shall not evict a tenant except for just cause or unless a binding purchase and sale agreement has been executed for a bona fide third party to purchase the housing accommodation from a foreclosure sale purchaser. SECTION 2. Said chapter 186A of the General Laws, as appearing in the 2016 Official Edition, is hereby further amended in sections 3,4,5, and 6 by striking out each appearance of the words “foreclosing owner” and inserting in place thereof the following words:- foreclosure sale purchaser. SECTION 3. Section 3 of said chapter 186A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Within 30 days of the foreclosure, the foreclosure sale purchaser shall post in a prominent location in the building a written notice stating the names, addresses, telephone numbers and telephone contact information of the foreclosure sale purchaser, the building manager or other representative of the foreclosure sale purchaser responsible for the management of such building and stating the address to which the rent, or, in the case of the former mortgagor and any household members, the agreed upon monthly rent payments or Fair Market Rent shall be sent. SECTION 4. Section 4 of said chapter 186A of the General Laws, as so appearing, is hereby amended in subsection (a) by striking out clause (i) and inserting in place thereof the following clause:- (i) the tenant has failed to pay the rent in effect prior to the foreclosure or, in the case of the former mortgagor and any household members, the agreed upon monthly rent payments or Fair Market Rent, as long as the foreclosing owner notified the tenant in writing of the amount of rent that was to be paid and to whom it was to be paid; SECTION 5. Section 5 of said chapter 186A of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- A bona fide lease between the foreclosed-upon owner and the lessee or proof of rental payment to the foreclosed-upon owner or a Fair Market Rent shall be presumed reasonable. SECTION 6. Section 6 of said chapter 186A of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:- A foreclosure sale purchaser that evicts a tenant in violation of this chapter or any ordinance or by-law adopted pursuant to this chapter, shall be punished by penalty of not less than $5,000 to be paid to the tenant upon order of the court. Each such illegal eviction shall constitute a separate offense. SECTION 7. Chapter 186 of the General Laws is hereby amended by striking out section 3 in its entirety and inserting in place thereof the following:- As previous tenants at will or under lease and given no challenge to title of a new purchaser, tenants at sufferance in possession of land or tenements shall be liable to pay rent therefor for such time as they may occupy or detain the same. SECTION 8. Section 13 of said Chapter 186 of the General Laws, as so appearing, is hereby amended by inserting, in line 18, after the word “foreclosure” the following;- “shown to be valid.” SECTION 9. Section 6 of Chapter 239 of the General Laws, as so appearing is hereby amended by striking the first sentence and inserting in pace thereof the following:- If the action is for the possession of land after foreclosure of a mortgage thereon by a sale under a power contained therein, or otherwise, and the person having a valid title to such estate, the condition of the bond shall be for the entry of the action and payment to the plaintiff, if final judgment is in his favor, of all costs and of a reasonable amount as rent of the land from the day when the mortgage was foreclosed until possession of the land is obtained by the plaintiff.

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An Act to increase transparency in the Massachusetts land record systems to protect the property rights of homeowners and businesses

H1411

HD2461

{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T13:15:40.413'}

[{'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-01-19T13:15:40.4133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1411/DocumentHistoryActions

Bill

By Representative Cassidy of Brockton, a petition (accompanied by bill, House, No. 1411) of Gerard J. Cassidy for legislation to further regulate the reporting requirements of mortgages secured by residential property. The Judiciary.

Section 6 D of chapter 183 is hereby amended by adding the following, "Each assignment of mortgage secured by residential property, as defined in said section 1 of chapter 255E, shall be forwarded within thirty days of the date of the execution of said assignment to the appropriate registry district for recording."

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An Act regarding district court jurisdiction of threats to use deadly weapons, explosives, chemical or biological agents, or other devices or substances capable of causing death, serious bodily injury or substantial property damage

H1412

HD1694

{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-18T16:42:51.35'}

[{'Id': 'S_C1', 'Name': 'Simon Cataldo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_C1', 'ResponseDate': '2023-01-18T16:42:51.35'}, {'Id': 'ACM1', 'Name': 'Adrian C. Madaro', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/ACM1', 'ResponseDate': '2023-05-21T21:53:37.6233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1412/DocumentHistoryActions

Bill

By Representative Cataldo of Concord, a petition (accompanied by bill, House, No. 1412) of Simon Cataldo relative to district court jurisdiction of certain offenses. The Judiciary.

SECTION 1. Section 26 of Chapter 218 of the General Laws, as amended by St.2018, c. 69, §109, is hereby amended by inserting after the words “of chapter two hundred and sixty-six,” the following language: “subsections (b) and (c) of section fourteen of chapter two hundred and sixty-nine”.

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An Act permitting persons to bring car damage arising from a pothole against the public entity into small claims court

H1413

HD1622

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:10:46.107'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:10:46.1066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1413/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1413) of Tackey Chan for legislation to authorize the filing for damages in small claims court against a public entity arising from potholes under the jurisdiction of said entity. The Judiciary.

SECTION 1.  Section 3 of Chapter 258 of the General Laws, under the 2020 Official Edition, is hereby amended in line 6 after the word “county” by inserting the following words:-  “and except in the case where the damage to a claimant’s motor vehicle’s tire, rim or both is caused by a state, county or municipal roadway shall be brought under sections 21 to 25 of chapter 218 of the General Laws.”

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An Act relative to stop fraudulent representation of business against performers

H1414

HD1636

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:14:12.403'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:14:12.4033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1414/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1414) of Tackey Chan for legislation to prohibit fraudulent representation of businesses against performing artists. The Judiciary.

The General Laws is hereby amended by inserting after Chapter 93K the following new Chapter:- Chapter 93M. FRAUDULENT REPRESENTATION OF BUSINESS AGAINST PERFORMING ARTISTS Section 1. It shall be unlawful for any person, firm, corporation, association, or agent or employee thereof, holding itself out to the public by any designation indicating a connection with the arts and entertainment industry, including, but not limited to, talent agent, talent scout, personal manager, artist manager, impresario, casting director, public relations advisor or consultant, promotion advisor or consultant, to: (a) make, publish, disseminate, circulate or place before the public or cause directly or indirectly to be made, published, disseminated, circulated or placed before the public in this state an advertisement, solicitation, announcement, notice or statement which represents that such person, firm, corporation or association has employment available or is able to secure any employment in the field of show business, including, but not limited to, theatre, motion pictures, radio, television, phonograph records, commercials, opera, concerts, dance, modeling, productions disseminated over the Internet or through telecommunication or any other entertainments, exhibitions or performances when an advance fee of any nature is a condition to such employment; or (b) Accept from a member of the public any fee, retainer, salary, advance payment or other compensation of any nature in return for services or otherwise, other than (i) repayment for advances or expenses actually incurred for or on behalf of such member of the public, or (ii) agreed commissions, royalties or similar compensation based upon payments received by or on behalf of such member of the public as a result of his employment in the field of arts and entertainment. Section 2. Whenever there shall be a violation of this section, an application may be made by the Attorney General and upon notice to the Attorney General, the Attorney General shall not have less than five days, to enjoin and restrain the continuance of such violations. Should the court find it satisfactory that the entity has violated this Chapter, an injunction may be issued by the court enjoining and restraining any further violation, without requiring proof that any person has, in fact, been injured or damaged thereby. The Attorney General may pursue additional criminal action beyond this Chapter if its seemed warranted. Section 3. Individuals who are subject to said unlawful action shall have the ability to seek recourse against the individual pursuant to Chapter 93A. Any contact between parties created under the conditions of this section shall be unenforceable, except as it applies to individuals seeking recourse under Chapter 93A. Section 4. The Attorney General shall establish rules and regulations on the implementation of this Chapter, which shall include, but is not limited to, a method to disseminate information about entities involved in such fraudulent activities to the public, a method for complaints of this type to be received, publishing safety guidelines and legal rights for individuals seeking engage in this profession.

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An Act to increase the penalty for school tardiness

H1415

HD1637

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:05:24.85'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-12T17:05:24.85'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1415/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1415) of Tackey Chan for legislation to increase the penalty assessed on parents or guardians for excessive school truancy of a child. The Judiciary.

SECTION 1. Section 2 of Chapter 76 of the General Laws is hereby amended in line 5 by striking out the words “be punished by a fine of not more than twenty dollars” and inserting in place thereof the following words:- “be punished by a fine of not more than fifty dollars for each day that the child does not attend school.”

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An Act relative to drug driving

H1416

HD2545

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-17T16:35:10.97'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-17T16:35:10.97'}, {'Id': None, 'Name': 'Michael Morrissey', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-17T16:36:52.6466667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1416/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1416) of Tackey Chan and Michael Morrissey relative to operating a motor vehicle while under the influence of intoxicating liquor or drugs. The Judiciary.

SECTION 1. The first paragraph of subsection (f)(1) of section 24 of chapter 90 of the General Laws is hereby struck out and replaced with the following paragraph:- (f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood or a test performed by a certified Drug Recognition Expert in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor or drugs defined in section 31 Chapter 94C; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section 51 of chapter 111; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer or certified Drug Recognition Expert, as defined in section 1 of chapter 90C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor or drugs. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for a period of at least 180 days and up to a lifetime loss, for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 years or who has been previously convicted of a violation under this section, subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, section 24L or subsection (a) of section 8 of chapter 90B, section 8A or 8B of said chapter 90B, or section 131/2 of chapter 265 or a like violation by a court of any other jurisdiction or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction for a like offense including operating under the influence of drugs defined in section 31 of Chapter 94C shall have his license or right to operate suspended forthwith for a period of 3 years for such refusal; provided, further, that any person previously convicted of, or assigned to a program for, 2 such violations shall have the person's license or right to operate suspended forthwith for a period of 5 years for such refusal; and provided, further, that a person previously convicted of, or assigned to a program for, 3 or more such violations shall have the person's license or right to operate suspended forthwith for life based upon such refusal. If a person refuses to submit to any such test or analysis after having been convicted of a violation of section 24L, the registrar shall suspend his license or right to operate for 10 years. If a person refuses to submit to any such test or analysis after having been convicted of a violation of subsection (a) of section 24G, operating a motor vehicle with a percentage by weight of blood alcohol of eight one-hundredths or greater, or while under the influence of intoxicating liquor in violation of subsection (b) of said section 24G, or section 131/2 of chapter 265, the registrar shall revoke his license or right to operate for life. If a person refuses to take a test under this paragraph, the police officer shall: SECTION 2. Section 1 of Chapter 90C of the General Laws is hereby amended by inserting after the words “"Division'', a division of the district court department or juvenile court department or a division of the Boston municipal court department.” the following: - “"Drug Recognition Expert (DRE)", any police officer defined in this section who has completed the training requirement for a certification or accreditation by any state or maternal organization.”

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An Act regulating sex offender registration in the 21st century

H1417

HD2546

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T14:17:26.747'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T14:17:26.7466667'}, {'Id': None, 'Name': 'Michael Morrissey', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T14:17:26.7633333'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:48:54.2233333'}, {'Id': 'BET0', 'Name': 'Bruce E. Tarr', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BET0', 'ResponseDate': '2023-04-03T12:51:23.71'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1417/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1417) of Tackey Chan, Michael Morrissey and David Allen Robertson for legislation to further regulate sex offender registration. The Judiciary.

SECTION 1. Section 178C of Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Agency”, the following new definition:- “Electronic alias, address and domain”, any electronic mail, website registrations, messaging and chat service aliases, websites and domains either personally owned and operated or otherwise owned and operated by a third party with the purpose of displaying, soliciting or otherwise posting information, entries and aliases associated with either web-based applications and databases, or aliases used and/or stored on personal computers that may be transmitted for use during any communication. SECTION 2. Section 178D of Chapter 6 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in subparagraph (a) by inserting after the words “aliases used,” in line 12 the following:- all electronic aliases, addresses and domains SECTION 3. Section 178D of chapter 6 of the General Laws, as so appearing, is hereby further amended in the second paragraph by striking out, in line 40, clause (i), and inserting in place thereof the following new clause:- (i) the name of the sex offender, and the offender’s electronic aliases, addresses and domains; SECTION 4. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended by inserting after the words “the sex offender’s name,” in lines 38-39 the following:- all electronic aliases, addresses and domains, SECTION 5. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended by inserting after the words “failure to do so” in line 71 the following:- to give notice of a change of electronic alias, address or domain, or the addition of an electronic alias, address or domain and the penalties for failure to do so, SECTION 6. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (b) by inserting after the words “sex offender’s name,” in line 82 the following:- all electronic aliases, addresses and domains, SECTION 7. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (c) by inserting after the words “sex offender’s name,” in lines 118-119 the following:- all electronic aliases, addresses and domains, SECTION 8. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (g) by inserting after the words “sex offender’s name,” in lines 172-173 the following:- all electronic aliases, addresses and domains, SECTION 9. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (h) by inserting after the words “sex offender’s name,” in line 192 the following:- all electronic aliases, addresses and domains, SECTION 10. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (l) by inserting after the words “sex offender’s name,” in line 243 the following:- all electronic aliases, addresses and domains, SECTION 11. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (o) by inserting after the words “sex offender’s name,” in line 279 the following:- all electronic aliases, addresses and domains, SECTION 12. Section 178E of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (q) by inserting after the words “the student’s name,” in line 307 the following:- all electronic aliases, addresses and domains, SECTION 13. Section 178F of Chapter 6 of the General Laws, as so appearing, is hereby further amended in the first paragraph by inserting after the words “sex offender’s name,” in line 7 the following:- all electronic aliases, addresses and domains, SECTION 14. Section 178F of Chapter 6 of the General Laws, as so appearing, is hereby further amended in the first paragraph by inserting after the words “sex offender’s name,” in line 19 the following:- all electronic aliases, addresses and domains, SECTION 15. Section 178H of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (a) by striking out, in line 3, clause (iii), and inserting in place thereof the following new clause:- (iii) fails to provide notice of a change of address, and fails to give notice of a change of electronic alias, address or domain, or the addition of an electronic alias, address or domain; SECTION 16. Section 178J of Chapter 6 of the General Laws, as so appearing, is hereby further amended in clause (1) of paragraph (b) by inserting after the words “specific individual by name” in line 28 the following:- , electronic alias, address or domain SECTION 17. Section 178J of Chapter 6 of the General Laws, as so appearing, is hereby further amended in paragraph (c) by striking out, in line 50, clause (1), and inserting in place thereof the following new clause:- (1) the name of the sex offender, and the offender’s electronic aliases, addresses, and domains; SECTION 18. Section 178K of Chapter 6 of the General Laws, as so appearing, is hereby further amended in subparagraph (c) of paragraph (2) by striking out, in line 158, clause (i), and inserting in place thereof the following new clause:- (i) the name of the sex offender, and the offender’s electronic aliases, addresses and domains;

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An Act relative to restraining orders as they pertain to hate crimes

H1418

HD2842

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T14:23:57.397'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T14:23:57.3966667'}, {'Id': 'M_D2', 'Name': 'Mindy Domb', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_D2', 'ResponseDate': '2023-06-01T21:41:20.3766667'}, {'Id': 'SSH1', 'Name': 'Steven S. Howitt', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SSH1', 'ResponseDate': '2023-02-07T11:09:46.5733333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-02-17T00:21:49.3666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-08T14:17:05.3166667'}, {'Id': 'APR1', 'Name': 'Adrianne Pusateri Ramos', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/APR1', 'ResponseDate': '2023-02-18T18:11:54.51'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T10:45:57.0033333'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-02-06T10:17:25.23'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-10-10T10:03:20.9333333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1418/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1418) of Tackey Chan and others relative to restraining orders as they pertain to hate crimes. The Judiciary.

SECTION 1. Section 1 of chapter 258E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the definition of “Harassment” and inserting in place thereof the following definition:- “Harassment”, (i) 3 or more acts of willful and malicious conduct aimed at a specific person committed with the intent to caucus fear, intimidation, abuse or damage to property and that does in face cause fear, intimidation, abuse or damage to property; or (ii) an act that: (A) by force, threat or duress causes another to involuntarily engage in sexual relations; or (B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 37, 39, 43 or 43A of chapter 265 or section 3 of chapter 272. SECTION 2. Section 39 of chapter 265 of the General Laws is hereby amended by striking out the first sentence and replacing it thereof with the following sentence:- (a) Whoever commits an assault or a battery upon a person or the relative thereof or damages the real or personal property of a person with the intent to intimidate such person because of such person's race, color, religion, national origin, sexual orientation, gender identity, or disability shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.

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An Act protecting bank employees and customers

H1419

HD2849

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T15:41:50.623'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T15:41:50.6233333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1419/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1419) of Tackey Chan relative to the punishment for bank robbery. The Judiciary.

SECTION 1. Section 40a of Chapter 93 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding after the last sentence in the first paragraph the following new sentence:– Action taken under this section may be brought before the court where either the plaintiff or defendant lives or has a place of business or employment. SECTION 2. Section 17 of Chapter 265 of the General Laws, as so appearing, is hereby amended by striking out said section and inserting in place thereof the following new section:– Section 17. Whoever, being armed with a dangerous weapon, assaults another and robs, steals or takes from his person money or other property which may be the subject of larceny shall be punished by imprisonment in the state prison for life or for any term of years; provided, however, that any person who commits any offense described herein while masked or disguised or while having his features artificially distorted, shall, for the first offense be sentenced to imprisonment for not less than 5 years and for any subsequent offense for not less than 10 years. Whoever commits any offense described herein while armed with a firearm, shotgun, rifle, machine gun or assault weapon or displays what appears to be a firearm, improvised explosive device or other deadly weapon, hypodermic needle or any other device that may cause or is intended to inflict bodily injury or commits a robbery within and against a banking institution as defined in section 1 of Chapter 167A or a credit union as defined in section 1 of Chapter 171 shall be punished by imprisonment in the state prison for not less than 5 years. Any person who commits a subsequent offense while armed with a firearm, shotgun, rifle, machine gun or assault weapon or displays what appears to be a firearm, improvised explosive device or other deadly weapon, hypodermic needle or any other device that may cause or is intended to inflict bodily injury or commits a robbery within and against a banking institution as defined in section 1 of Chapter 167A or a credit union as defined in section 1 of Chapter 171 shall be punished by imprisonment in the state prison for not less than 15 years. SECTION 3. Section 19 of said chapter 265 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection (b):–Whoever, not being armed with a dangerous weapon, by force and violence, or by assault and putting in fear, robs, steals or takes from the person of another, or from his immediate control, money or other property which may be the subject of larceny, including attempted robbery of a bank as defined in section 1 of Chapter 167A or a credit union as defined in section 1 of Chapter 171 shall be punished by imprisonment in the state prison for life or for any term of not less than 30 months. SECTION 4. Section 30 of Chapter 266 of the General Laws, as so appearing, is further amended by adding to the end of paragraph (1) the following new sentence:– If the larceny involved monies received through the uttering of a forged, altered or counterfeit check, draft or order for the payment of money from any bank or other depository, action may be taken before either the court having jurisdiction where the uttering took place or where the payee bank or other depository’s main office is located. SECTION 5. Section 37 of said chapter 266 of the General Laws, as so appearing, is hereby amended by adding the following sentence to the end of said section:– Action taken under this jurisdiction where the crime was committed or where the main office of the bank or other depository are located.

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An Act relative to community living for older adults and people with disabilities

H142

HD2111

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T10:26:13.177'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T10:26:13.1766667'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-02-02T16:49:16.9266667'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:27:41.0433333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-01-25T00:32:17.94'}, {'Id': 'JBE0', 'Name': 'James B. Eldridge', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JBE0', 'ResponseDate': '2023-04-04T13:53:38.62'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H142/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 142) of Josh S. Cutler and others relative to community living for older adults and people with disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Chapter 30A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out paragraph (d) of section 20. SECTION 2. Chapter 30A of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after section 20 the following section:- Section 20A. (a) A public body may allow remote participation by any member for any meeting of the public body. For the purposes of this section, the term remote participation means participation by a member of a public body during a meeting of that public body where the member is not physically present at the meeting location. (b) Members remotely participating in a meeting may vote, shall be considered present and in attendance for all purposes, including for purposes of determining a quorum and for the purposes of section 23D of chapter 39. (c) All members of the public body participating either remotely or at a meeting location shall be clearly audible to one another. (d) For any meeting conducted through remote participation, the public body shall make provisions to ensure public access to the deliberations of the public body for interested members of the public through adequate, alternative means. Adequate, alternative means of public access shall mean measures that provide transparency and permit timely and effective public access to the virtual meeting. Such means may include, without limitation, providing public access through telephone, Internet or satellite enabled audio or video conferencing or any other technology that enables the public to clearly follow the proceedings of the virtual meeting while those proceedings are occurring. Documents used for any such meeting should be made available to the public before or at the time of the meeting of the public body. Where allowance for active, real-time participation by members of the public is a specific requirement of a general or special law or regulation, or a charter, local ordinance or by-law, pursuant to which the proceeding is conducted, any alternative means of public access shall provide for such participation. A public body shall offer its selected alternative means of public access to virtual meetings without subscription, toll, or similar charge to the public. (e) A public body that elects to conduct its proceedings remotely shall ensure that any party entitled or required to appear before it may do so through remote means, as if the party were a member of the public body participating remotely. (f) The executive body of a municipality shall develop and adopt standards and guidelines for remote participation of public bodies that is sufficient for the municipality prior to any remote meeting held pursuant to this law. SECTION 2. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- “Two of the appointive members shall be architects licensed to practice in the commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities” SECTION 3. The first paragraph of section 13A of chapter 22 of the General Laws, as so appearing, is hereby further amended by striking out the fourth paragraph, in lines 38 through 63, and inserting in place thereof the following four paragraphs:- The board shall make and from time to time alter, amend, and repeal, in accordance with the provisions of chapter thirty A, rules and regulations designed to make multiple dwellings, and public buildings and facilities, including but not limited to areas that are not generally in public use, accessible to, functional for and safe for use by persons with disabilities. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the Americans with Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of such handicapped persons shall be clearly marked as such. The rules and regulations of the board shall also establish standards and procedures designed to make adaptable for persons with physical disabilities for any building, regardless of the date of construction, (1) all dwelling units in multiple dwellings equipped with an elevator; (2) all ground floor dwelling units in multiple dwellings not equipped with an elevator; and (3) all public use and common use portions of such multiple dwellings, providing however, that in any building constructed before March thirteenth, nineteen hundred and ninety one, such standards and procedures for dwelling units shall apply only to such units within (1) any non-residential building undergoing a gut rehabilitation as part of a change in use into a multiple dwelling facility, or (2) any residential building which is vacant undergoing a gut rehabilitation. The rules and regulations of the board shall establish standards and procedures designed to make accessible to, functional for and safe for use by persons with physical disabilities residential buildings whenever constructed and without the restrictions in the above paragraph. Unless otherwise specified, five percent of the units in lodging or residential facilities for hire, rent or lease, containing twenty or more units, shall meet this requirement; provided, however, that accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. In the event that the board determines that the need, in certain areas of the commonwealth, for such units either exceeds or does not require said five percent, the board may require that, in said areas a percentage of units less than five percent or not greater than ten percent be accessible and safe for persons with disabilities; provided, however, that said accessible units shall allow five feet of turning radius for a wheelchair in the kitchens and bathrooms. The board may make such determination only if there is sufficient factual basis, using data from the central registry of the Massachusetts Rehabilitation Commission and other sources, to establish with a reasonable degree of certainty the present and future needs for said accessible units in certain areas of the commonwealth. A percentage of less than five percent shall not be established unless such accessible units, which are not needed by persons with disabilities cannot be readily hired, rented, or leased to other persons. The rules and regulations of the board shall include, but not be limited to, detailed architectural standards further defining adaptable and accessible dwelling units, and such other provisions necessary to provide rights and remedies substantially equivalent to or greater than the rights and remedies provided by the Federal Fair Housing Act, the Department of Justice’s Americans with Disabilities Act Standards for Accessible Design and regulations thereunder as they pertain to such multiple dwellings. SECTION 4. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped” and inserting in place thereof the following words:- “on behalf of persons with disabilities”. SECTION 5. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 67, the following words:- “and facilities”. SECTION 6. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 75, the following words:- “and facilities”. SECTION 7. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in place thereof the following words:- “persons with a disability”. SECTION 8. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof the following words:- “forms of”. SECTION 9. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 93, the following words:- “or facility, including Areas not generally in Public Use” SECTION 10. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 94, the following words:- “or facility”. SECTION 11. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “changed to a”, in line 94, the following words:- “residential use or a”. SECTION 12. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting, in line 94, after the words “which the building” the following words:- “or facility.” SECTION 13. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 96, the following words:- “or facility”. SECTION 14. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and inserting in place thereof the following words:- “persons with a disability”. SECTION 15. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the eighth paragraph, consisting of lines 107 through 127. SECTION 16. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof the following words:- “building, or portion thereof,”. SECTION 17. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the words “for a building”, in line 150, the following words:- “or facility”. SECTION 18. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 166, the following word:- “, facility”. SECTION 19. Said section 13A of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- “persons with a disability”. SECTION 20. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Alteration”, the following definition:- “Areas that are not generally in public use,” areas not intended for use by the public, as designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, and employee work areas. SECTION 21. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following definitions:- “Employee work area” all or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee work areas” and shall be made accessible in new construction, or where renovation work being performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms, kitchenettes and break rooms are not otherwise considered “employee work areas;” provided however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of employees for work, they shall be, when possible, adaptable. “Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located.” “Gut rehabilitation,” the general replacement of the interior of a building that may or may not include changes to structural elements such as flooring systems, columns or load bearing interior or exterior walls. SECTION 22. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building” and inserting in place thereof the following definition:- “Public building", buildings constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, those constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, or building authorities of any public educational institution, or their successors; and privately financed buildings that are open to and used by the public, including but not limited to places of public accommodation listed in section 92A of chapter 272 of the General Laws, and 42 U.S.C. section 12181(7). SECTION 23. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 200, the words “Physically handicapped person” and inserting in place thereof the following words:- “Person with a disability”. SECTION 24. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 204, the words “Physically handicapped persons” and inserting in place thereof the following words:- “A person with a disability.” SECTION 25. Not later than ninety days after the effective date of this act, the Architectural Access Board shall promulgate regulations as necessary pursuant to this act’s amendments of Chapter 22, section 13A. SECTION 26. Notwithstanding section 5K of chapter 59 of the General Laws or any other general or special law to the contrary, a city or town that has accepted said section 5K may reduce the real property tax obligations of persons over the age of 60 who would have otherwise qualified for such reduction pursuant to said section 5K but for an inability to complete the volunteer requirements due to a lack of volunteer opportunities resulting from restrictions imposed in response to the 2019 novel coronavirus pandemic, also known as COVID-19; provided, that no reduction of said real property tax bill shall exceed $1,500 in a given tax year. SECTION 27. This act shall expire upon the termination of the governor’s March 10, 2020 declaration of a state of emergency to respond to COVID-19. SECTION 28. Chapter 23B of the General Laws is hereby amended by adding the following 7 sections:- Section 29. As used in section 31 to 37, inclusive, the following words shall have the following meanings, unless the context clearly requires otherwise:- “Accessibility features”, accessibility features that meet the specifications of an existing standard including: (i) accessibility ramp to a zero-step entrance from a driveway or public sidewalk; (ii) zero-step entrance; (iii) doors with at least 32 inches of clear width; (iv) hallways and passages with at least 36 inches of clear width; (v) accessible light switches, electrical outlets and environmental controls; (vi) accessible bathroom; (vii) accessible and useable kitchen facilities; (viii) retrofitting of an existing unit to include permanently installed lifts or elevators; (ix) purchase and permanent installation of a backup electric generator for life sustaining electric-powered medical equipment for devices such as respirators, oxygen concentrators or dialysis machines; and (x) installation of a permanent home monitoring system for residents with Alzheimer’s disease and other forms of dementia. “Commission”, the Massachusetts rehabilitation commission established pursuant to section 74 of chapter 6. “Disability”, a physical or mental impairment that substantially limits one or more major life activities of an individual. “Dwelling unit”, any house or building, or portion thereof, that is occupied, designed to be occupied, or is rented, leased or hired out to be occupied, as a home or residence of 1 or more persons. “Eligible individual”, an individual who has a disability or the caregiver who owns or rents the residency in which the individual who has a disability will reside. “Existing standards”, adaptability features prescribed by the Massachusetts state building code, the specifications of the American National Standards Institute, the Uniform Federal Accessibility Standards pursuant to 24 CFR Part 40 or Fair Housing Accessibility Guidelines pursuant to 24 CFR Part 100. “Post-retrofit documentation”, evidence that the project has been completed including, but not limited to: (i) before and after pictures of the area that is retrofitted; (ii) copies of purchase contracts; (iii) invoices; (iv) cancelled checks; and (v) construction contracts. “Sensory modification”, alarms, appliances and controls designed to assist sensory disabled individuals that are installed as a permanent part of the structure to the dwelling unit; provided, however that sensory modifications shall not include appliances or alarms that can be removed and reinstalled in another dwelling unit. Section 30. (a) Any eligible individual, who intends to retrofit or contract with an individual or company to retrofit an existing dwelling unit; provided, that such retrofitting meets the qualification criteria as established in section 33, and meets the eligibility requirements established by guidelines developed by the department in consultation with the commission, shall be eligible for a livable home modification grant equal to not more than 50 per cent of the total amount spent; provided, that said livable home modification grant shall not exceed $5,000. (b) An eligible individual who has a disability, a caregiver or a guardian may apply for a livable home modification pursuant to section 34. Section 31. (a) To qualify for a livable home modification grant, the proposed modification or retrofitting of an existing dwelling unit must include at least 1 accessibility feature or sensory modification and meet the requirements of an existing standard. (b) The eligible individual's income in the prior year shall not exceed 120 per cent of the area median income, as determined by the United States Department of Housing and Urban Development. The calculation of an eligible individual’s income shall only include the earnings of the individual with a disability and caregiver, if applicable; provided, that this calculation shall not include household income. (c) If the eligible individual who has a disability was not required to file a federal tax return in the prior year, the resident shall be automatically eligible for a livable home modification grant; provided, however, that the eligible individual does not qualify or is not eligible for accessibility modifications funded through other local, state or federal programs. Section 32. (a) Eligible individuals shall apply for a livable home modification grant by making application to the department, which shall issue a certification for an approved application to the individual who has a disability, caregiver or guardian. (b) The department, in consultation with the commission, shall develop application guidelines that include, but shall not be limited to: (i) assessment of the individual who has the disability and the need for the livable home modifications; and (ii) proof of the eligible resident's income and documentation of any disability related exemptions. (c) All applications shall be submitted and received by the department prior to the commencement of construction to modify or retrofit an existing residence to install accessibility features or sensory modifications. Section 33. (a) Livable home modification grants shall only be allowed for the retrofitting or modification of a residential rental property, provided that the owner agrees to maintain the accessibility features or sensory modifications for 10 years. (b) Individuals and other entities shall not be eligible to receive a livable home modification grant if they are: (i) eligible for federal or state disabled access tax credits; (ii) a limited liability company or foreign limited liability company, as defined by section 2 of chapter 156C; (iii) an S Corporation established pursuant to Subchapter S of Chapter 1 of the Internal Revenue Code, 26 USC §§ 1361 et seq.; (iv) a cooperative housing corporation, as defined by section 4 of chapter 157B; or (v) a corporation or foreign corporation, subject to chapter 156. (c) Accessibility modifications that are eligible to be funded through local, state or federal programs shall not be eligible for livable home modification grants. (d) Livable home modification grants shall not be used for the purchase or construction of residential rental property. (e) The department shall not issue more than 1 livable home modification grant to an eligible individual or in relation to the modification or retrofitting of a dwelling unit. Section 34. Applicants shall submit post-retrofit documentation to the department following the completion of the modification or retrofitting of the dwelling unit. Section 35. The department shall, not later than August 31, submit an annual report to the governor, speaker of the house, senate president, and chairs of the joint committee on ways and means for preceding fiscal year. The annual report shall include, but shall not be limited to: (i) number of grants issued to qualifying individuals; (ii) number of applications that did not qualify; (iii) total dollar amount of grants issued; (iv) average dollar amount of the grants issued; (v) number of retrofits by accessibility features; and (vi) prognosis and estimated expenses for the individual if the retrofit had not been made, including: (1) increased likelihood of falls and other related emergency room, hospital or rehabilitation expenses; (2) loss of independence; and (3) move into a long-term care facility. SECTION 36. The director of the department of housing and community development shall promulgate regulations necessary to implement and administer this act. SECTION 37 Section 25 of Chapter 118E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended in subsection (5) by striking the second paragraph and inserting in place thereof the following paragraph:- In any case where the monthly income of an applicant or recipient is in excess of the exemptions allowed, the applicant or recipient, if otherwise eligible for Medicaid under this chapter, shall be liable to pay to the provider of medical care or service an amount which shall be equal to the excess income for a period of six consecutive months, which includes the period when such service was provided; provided, however that in such cases where the individual’s gross income is greater than 300% of the federal Supplemental Security Income level but less than the average monthly cost of nursing home care as calculated by the division and the individual is participating in a Home and Community Based Waiver, under 42 USC 1396a(10)(a)(ii)(VI) or a PACE Program, under 42 USC 1396u-4 or 42 USC 1395eee, the division shall charge a premium, equal to the difference between the individual’s gross income and 300% of the federal Supplemental Security Income level, on a monthly basis. The division shall apply for any federal waivers necessary to implement this provision. SECTION 38. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- "Two of the appointive members shall be architects licensed to practice in the Commonwealth. One of the appointive members shall be a licensed building inspector. Three of the appointive members shall be selected after consultation with advocacy groups on behalf of persons with disabilities." SECTION 39. The first paragraph of section 13A of chapter 22 of the General Laws, as appearing in the 2018 Official Edition, is hereby further amended by striking out the fourth paragraph, consisting of lines 38 through 51, and inserting in place thereof the following paragraph: The board shall make and from time to time alter, amend, and repeal, in accordance with the provisions of chapter thirty A, rules and regulations designed to make public buildings and facilities, including but not limited to areas that are not generally in public use, accessible to, functional for and safe for use by persons with disabilities. The board shall also make rules and regulations requiring that any person who has lawful control of improved or enclosed private property used as off-street parking areas where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for vehicles authorized to display handicapped plates or placards under section 2 of chapter 90; provided, that the parking requirements shall be consistent with the Americans with Disabilities Act Standards for Accessible Design. The parking spaces reserved for vehicles of such handicapped persons shall be clearly marked as such. SECTION 40. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words “in behalf of the physically handicapped” and inserting in place thereof the following words:- "on behalf of persons with disabilities". SECTION 41. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 67, the following words:- "and facilities". SECTION 42. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “buildings”, in line 75, the following words:- "and facilities". SECTION436. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 80 and 81, the words “handicapped persons,” and inserting in place thereof the following words:- "persons with a disability. SECTION 44. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 88 and 89 the word “newspaper” and inserting in place thereof the following words:- "forms of". SECTION 45. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 93, the following words:- "or facility including Areas not generally in Public Use” SECTION 46. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 94, the following words:- "or facility". SECTION 47. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “changed to a”, in line 94, the following words:- "residential use or a". SECTION 48. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting, in line 94, after the words “which the building” the following words:- "or facility." SECTION 49. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 96, the following words:- "or facility". SECTION 50. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 102 and 103, the words “physically handicapped persons” and inserting in place thereof the following words:- "persons with a disability". SECTION 51. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the eighth paragraph, consisting of lines 107 through 127. SECTION 52. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in lines 131 and 132, the word “person” and inserting in place thereof the following words:- "building, or portion thereof,". SECTION 53. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the words “for a building”, in line 150, the following words:- "or facility". SECTION 54. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the word “building”, in line 166, the following word:- ", facility". SECTION 55. Said section 13A of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 177, 179 and 187 the words “physically handicapped persons” and inserting in place thereof, in each instance, the following words:- "persons with a disability". SECTION 56. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Alteration”, the following definition: “Areas that are not generally in public use,” areas not intended for use by the public, as designated in the 1991 and 2010 Americans with Disabilities Act (ADA) Standards for Accessible Design, and employee work areas. SECTION 57. Said section 13A of said chapter 22, as so appearing, is hereby further amended by inserting after the definition of “Construction” the following definitions:- “Employee work area”:- "Employee work area," all or any portion of a space used only by employees and used only for work. Corridors, toilet rooms, kitchenettes and break rooms are considered “employee work areas” and shall be made accessible in new construction, or where renovation work being performed is otherwise subject to the jurisdiction of the Board. Corridors, toilet rooms, kitchenettes and break rooms are not otherwise considered “employee work areas;” provided however, that where corridors, toilet rooms, kitchenettes and break rooms constitute the path of travel to or are essential to the use of employees for work, they shall be, when possible, adaptable. “Facility”, all or any portion of a building, structure, site improvement, complex, equipment, road, walk, passageway, parking lot or other real or personal property, including the site where the building, property, structure or equipment is located." SECTION 58. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out the definition of “Public building” and inserting in place thereof the following definition:- “Public building'', buildings constructed by the commonwealth or any political subdivision thereof with public funds and open to public use, including, but not limited to, those constructed by public housing authorities, the Massachusetts Port Authority, the Massachusetts Parking Authority, the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, or building authorities of any public educational institution, or their successors; and privately financed buildings that are open to and used by the public, including but not limited to places of public accommodation listed in section 92A of chapter 272 of the General Laws, and 42 U.S.C. section 12181(7). SECTION 59. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 200, the words “Physically handicapped person” and inserting in place thereof the following words:- "Person with a disability". SECTION 60. Said section 13A of said chapter 22, as so appearing, is hereby further amended by striking out, in line 204, the words “Physically handicapped persons” and inserting in place thereof the following words:- "A person with a disability." SECTION 61. Chapter 118E of the General Laws is hereby amended by striking out section 31 and inserting in place thereof the following section:- Section 31. (a) This subsection shall apply to estates of individuals dying prior to April 1, 1995. There shall be no adjustment or recovery of medical assistance correctly paid except as follows: (1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution when the individual received such assistance. Recovery of the assistance shall be limited to assistance provided on or after March 22, 1991. (2) Recovery from Persons Age 65 and Over: From the estate of an individual who was 65 years of age or older when the individual received such assistance. Any recovery may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under age 21 or is blind or permanently and totally disabled. The division shall waive recovery where it would result in undue hardship, as defined by the division in its regulations. (b) This subsection shall apply to estates of individuals dying on or after April 1, 1995 in which a petition for admission to probate of a decedent's will or for administration of a decedent's estate is filed prior to [the effective date of the amendment]. There shall be no adjustments or recovery of medical assistance correctly paid except as follows: (1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution when the individual received such assistance. Recovery of the assistance shall be limited to assistance provided on or after March 22, 1991. (2) Recovery from Persons Age 65 and Over: From the estate of an individual who was 65 years of age or older when the individual received the assistance. (3) Recovery from Persons Age 55 and Over for Post–October 1, 1993 Medicaid: From the estate of an individual who was 55 years of age or older when the individual received such assistance, where the assistance was for services provided on or after October 1, 1993. Any recovery under this subsection may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under age 21 or is blind or permanently and totally disabled. The division shall waive recovery if recovery would work an undue hardship, as defined by the division in its regulations. (c) This subsection shall apply to estates of individuals dying on or after April 1, 1995 in which a petition for admission to probate of a decedent's will or for administration of a decedent's estate is filed on or after [effective date of amendment]. There shall be no adjustments or recovery of medical assistance correctly paid except as follows: (1) Recovery from the Permanently Institutionalized: From the estate of an individual, regardless of age, who was an inpatient in a nursing facility or other medical institution within the meaning of 42 USC 1396p(a)(1)(B)(i) when he or she received such assistance. Recovery of such assistance shall be limited to assistance provided on or after March 22, 1991. (2) Recovery from Persons Age 55 and Over for Post–October 1, 1993 Medicaid: From the estate of an individual who was 55 years of age or older when the individual received such assistance, where such assistance was for services provided on or after October 1, 1993, but only for medical assistance consisting of nursing facility services, home and community-based services, and related hospital and prescription drug services for which estate recovery is mandated by 42 USC 1396p(b)(1)(B)(i) or other federal law. Any recovery under this subsection may be made only after the death of the surviving spouse, if any, and only at a time when the individual has no surviving child who is under age 21 or is blind or disabled. The division shall not recover for capitated payments made to managed care entities that exceed the actual cost of medical services received by the decedent. The division shall waive recovery: (i) if such recovery is not cost effective, including when the total gross assets of the estate, less any claims that have priority over MassHealth, or mortgages or liens on real property, in a probate estate are $25,000 or less; or (ii) if such recovery would create an undue hardship. The division shall promulgate regulations defining undue hardship that shall include, but not be limited to, cases in which: (A) a sale of real property would be required to satisfy a claim against the probate estate; and the property is occupied as the home of a surviving spouse, child under age 21, child of any age who is blind or disabled, surviving sibling with a legal interest in the property or a child to whom the decedent could have transferred the home during his or her lifetime with no transfer of asset penalty pursuant to 42 USC 1396p(c)(2)(A) or (B); or (B) a sale of real property would be required to satisfy a claim against the probate estate, and the property is occupied as the home of an individual who has lived in it for at least 1 year prior to the death of the decedent provided that if at the time of death the decedent was a nursing facility resident, the individual must have lived in the home for at least 1 year prior to the decedent’s nursing facility admission, has inherited or received a legal or equitable interest in the property, is not being forced to sell by other devisees or heirs at law and whose income is 400 per cent of the federal poverty level or less at the time of the decedent’s death; or (C) a sale of real property would be required to satisfy a claim against the probate estate, at the time the notice of claim is filed the property is occupied as the home of an individual who has lived in it for at least 2 consecutive years prior to the decedent becoming institutionalized or before the decedent’s death, and during that time the individual provided a level of care that kept the decedent from needing to be admitted to a nursing home, and the individual has inherited or received a legal or equitable interest in the property, and is not being forced to sell by other devisees or heirs at law; or (D) the gross income of a devisee or heir was 400 per cent of the federal poverty level or less during the 2 years prior to the date of presentment of the division’s claim, in which case, the division shall waive recovery in an amount equal to the value of the devisee’s or heir’s interest in the estate up to a maximum of $50,000 per qualifying individual; provided, if there are multiple individuals who qualify for this waiver, the maximum amount waived is $100,000 per estate; or (E) the sale of a homestead of modest value, as defined by the division consistent with federal guidelines, would be required to satisfy the claim; or (F) other compelling circumstances in which recovery would create a financial hardship for one or more devisees or heirs at law whose income is 400 percent of the federal poverty level or less. (d) For purposes of this section, ''estate'' shall mean all real and personal property and other assets includible in the decedent's probate estate under the General Laws, provided that it shall not include certain property of American Indians that the Secretary has exempted from Medicaid estate recovery pursuant to 42 USC 1396p(b)(3)(B) or Government reparation payments to special populations that are exempt from Medicaid estate recovery pursuant to federal law. (e) There shall be no adjustments or recovery of medical assistance correctly paid from the estate of an individual who was receiving such assistance pursuant to the CommonHealth program for disabled adults. (f) For purposes of this section, medical assistance shall not include medical assistance for medicare cost-sharing or for benefits described in 42 USC 1396a(a)(10)(E) that are exempt from Medicaid estate recovery. (g) The division is also authorized during an individual's lifetime to recover all assistance correctly provided on or after April 1, 1995, if property against which the division has a lien or encumbrance under section 34 is sold. No lien or encumbrance shall be valid against any bona fide purchaser for value or take priority against any subsequent mortgagee for value unless and until it is recorded in the registry of deeds where the property lies. Repayment shall not be required under this subsection while any of the following relatives lawfully resides in the property: (1) a sibling who had been residing in the property for at least 1 year immediately prior to the individual being admitted to a nursing facility or other medical institution; or (2) a child who (i) had been residing in the property for at least two years immediately prior to the parent being admitted to a nursing facility or other medical institution; (ii) establishes to the satisfaction of the division that the child provided care which permitted the parent to reside at home during that 2-year period rather than in an institution; and (iii) has lawfully resided in the property on a continuous basis while the parent has been in the medical institution. If repayment is not yet required because a relative specified above is still lawfully residing in the property and the individual wishes to sell the property, the purchaser shall take possession subject to the lien or the division shall release the lien if the individual agrees to (1) either set aside sufficient assets to satisfy the lien or give bond to the division with sufficient sureties and (2) repay the division as soon as the specified relative is no longer lawfully residing in the property. Notwithstanding the foregoing or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien. This subsection shall not limit the division's ability to recover from the individual's estate under subsection (a), (b), or (c) or as otherwise provided under any general or special law. The division shall provide a release of any lien where repayment shall not be required within 60 days of receiving notice of the change in circumstances resulting in repayments no longer being required. SECTION 62. Said chapter 118E is further amended by striking out section 32 and inserting in place thereof the following section:- Section 32. (a) Notwithstanding any provision of law to the contrary, a petition for admission to probate of a decedent's will or for administration of a decedent's estate shall include a sworn statement that copies of said petition and death certificate have been sent to the division by certified mail in accordance with sections 3–306(f) and 3–403(f) of chapter 190B. Within 30 days of a request by the division, a personal representative shall complete and send to the division by certified mail a form prescribed by the division and provide such further information as the division may require. In the event a petitioner fails to send copies of the petition and death certificate to the division and the decedent received medical assistance for which the division is authorized to recover under section 31, any person receiving a distribution of assets from the decedent's estate shall be liable to the division to the extent of such distribution. (b) The division may present claims against a decedent's estate as follows: (1) within 4 months after approval of the official bond of the personal representative, file a written statement of the amount claimed with the registry of probate where the petition was filed and deliver or mail a copy thereof to the personal representative. The claim shall be deemed presented upon the filing of the claim in the registry of probate; or (2) within 1 year after date of death of the decedent, commence an action under the provisions of section 9 of chapter 197. (c) When presenting its claim by written statement under subsection (b), the division shall also notify the personal representative of (1) the circumstances and conditions which must exist for the division to be required to defer recovery under section 31; (2) the circumstances and conditions which must exist for the division to waive recovery under its regulations for undue hardship; (3) how to obtain a detailed accounting of the claim; (4) limitations on estate recovery related to the decedent having a long term care policy; (5) the limitation described in subsections (d), (e) and (f) of section 31; and (6) the personal representative’s obligation to mail a copy of the division’s written statement to all individuals who may be entitled to deferral or waiver of estate recovery pursuant to section 31 and of the personal representative’s obligation to give the division notice of circumstances and conditions for deferral or waiver that he or she has reason to believe exist. The division shall also supply a form that may be used to notify the division of circumstances and conditions that require deferral or waiver of recovery. (d) If the division presents a claim against the decedent’s estate pursuant to subsection (b) the personal representative shall forthwith send a copy of the written statement by certified mail of the amount claimed to individuals who may be entitled to deferral or waiver of estate recovery pursuant to section 31 and the personal representative shall give the division notice of circumstances and conditions for deferral or waiver that he or she has reason to believe exist. The personal representative shall have 60 days from the date of presentment or 30 days from the date the agency responds to a request for a detailed accounting, whichever is later, to mail notice to the division by certified mail of one or more of the following findings: (1) the claim is disallowed in whole or in part, or (2) circumstances and conditions where the division is required to defer recovery under section 31 exist, or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. A notice under clause (2) or (3) shall state the specific circumstances and conditions which exist. The division shall notify the personal representative what supporting documentation it requires to determine if the circumstances in clause (2) or (3) exist and shall cooperate with the personal representative in supplying information in the possession of the agency. The division shall send a written notice to the personal representative stating whether or not it is satisfied that circumstances and conditions under clause (2) or (3) exist. If the division denies that said circumstances exist, its notice shall explain with specificity the reason for the denial and the opportunity for either an administrative hearing before the MassHealth Board of Hearings or a hearing in an action commenced by the division pursuant to subsection (f) if no administrative hearing is requested. Any party aggrieved by a decision of the MassHealth board of hearings may seek a de novo review in any action commenced by the division pursuant to subsection (f). Failure to mail a notice under clauses (1), (2), or (3) within the time allowed from presentment shall be deemed an allowance of the claim for purposes of subsection (g). (e) If the division at any time within the period for presenting claims under subsection (b) amends the amount due, the personal representative shall have an additional 60 days to mail notice to the division under clause 1 of subsection (d). (f) If the division receives a disallowance under clause (1) of subsection (d), the division may commence an action to enforce its claim in a court of competent jurisdiction within 60 days after receipt of said notice of disallowance. If the division receives a notice under clause (2) or (3) of said subsection (d), with which it disagrees, the division may commence an action in a court of competent jurisdiction within 60 days after receipt of said notice or within 30 days of a final decision of the MassHealth board of hearings with which it disagrees, whichever is later. If the division commences an action to enforce its claim, any and all costs and fees incurred by the Personal Representative in defense of such claim shall be recognized as costs and expenses incurred in the administration of the estate and such expenses shall be given priority pursuant to clause (1) of subsection (a) of section 3-805 of chapter 190B. If the division fails to commence an action after receiving a notice under clause (2) of said subsection (d), the division shall defer recovery while the circumstances or conditions specified in said notice continue to exist. If the division fails to commence an action after receiving a notice under clause (3) of subsection (d), the division shall waive recovery for undue hardship. (g) Unless otherwise provided in any judgment entered, claims allowed pursuant to this section shall bear interest at the rate provided under section 6I of chapter 231 commencing 4 months plus 60 days after approval of the official bond of the personal representative. Notwithstanding the foregoing, if the division fails to commence an action after receipt of a notice under clause (2) of subsection (d), interest at the rate provided under section 6I of chapter 231 shall not commence until the circumstances or conditions specified in the notice received by the division under said clause (2) cease to exist. The personal representative shall notify the division within 30 calendar days of any change in the circumstances or conditions asserted in said clause (2) notice, and upon request by the division, shall provide updated documentation verifying that the circumstances or conditions continue to exist. If the division's claim has been allowed as provided herein and no circumstances and conditions requiring that the division defer recovery under section 31 exist, it may petition the probate court for an order directing the personal representative to pay the claim to the extent that funds are available or for such further relief as may be required. (h) Notice of a petition by a personal representative for a license to sell real estate shall be given to the division in any estate where: (1) the division has filed a written statement of claim with the registry of probate as provided in subsection (b); or (2) the division has filed with the registry of probate a notice, as prescribed under subsection (a) of section 9 of chapter 197, that an action has been commenced. (i) In all cases where:— (1) the division determines it may have a claim against a decedent's estate; (2) a petition for administration of the decedent's estate or for admission to probate of the decedent's will has not been filed; and (3) more than 1 year has passed from the decedent's date of death, the division is hereby authorized to designate a public administrator to be appointed and to serve pursuant to chapter 194 subject to the time limitations under chapter 190B. Said designation by the division shall include a statement of the amount claimed. This provision shall apply to all estates in which no petition for administration of the decedent's estate or for admission to probate of the decedent's will has been filed as of the effective date of this section, regardless of the decedent's date of death. Said public administrator shall have the same rights and duties as the personal representative and the same 60-day opportunity to send notice to the division (1) that the claim is disallowed in whole or in part; or (2) circumstances and conditions where the division is required to defer recovery under section 31 exist; or (3) circumstances and conditions where the division will waive recovery for undue hardship under its regulations exist. (j) If the personal representative wishes to sell or transfer any real property against which the division has filed a lien or claim not yet enforceable because circumstances or conditions specified in section 31 continue to exist, the division shall release the lien or claim if the personal representative agrees to (1) either set aside sufficient assets to satisfy the lien or claim, or to give bond to the division with sufficient surety or sureties and (2) repay the division as soon as the circumstances or conditions which resulted in the lien or claim not yet being enforceable no longer exist. Notwithstanding the foregoing provision or any general or special law to the contrary, the division and the parties to the sale may by agreement enter into an alternative resolution of the division's lien or claim. SECTION 63. Said chapter 118E is further amended by inserting after section 34 the following section:- Section 34A. (a) The division shall give notice of the conditions in which it may seek estate recovery, including, but not limited to, an explanation of what constitutes an estate, what services and expenses are subject to recovery, what Medicaid spending or property is exempt from estate recovery, the relationship between a life-time lien and estate recovery and provisions for deferral or waiver of estate recovery. The notice shall be in clear and non-technical language with citation to the applicable law. The notice should also explain how an individual may obtain an accounting of the current amount of MassHealth spending potentially subject to recovery. The notice must be supplied to individuals potentially subject to estate recovery at the time of application, at least annually thereafter so long as said individuals are eligible for MassHealth, and at the time any lien is released. (b) The division shall give an additional notice to any individual who is required to enroll or given the option to enroll in any Medicaid managed care organization, accountable care organization, senior care options plan, integrated care organization, prepaid health plan or any other delivery system in which Medicaid spending takes the form of a fixed monthly premium or other capitated amount who may be subject to estate recovery. Said additional notice shall be prior to enrollment in managed care, and shall explain how the amount of MassHealth spending subject to estate recovery is determined when MassHealth spending is a fixed monthly payment or capitated amount, and how the member may obtain the amount of said fixed payment or capitated amount subject to estate recovery. SECTION 64. The executive office shall file a state plan amendment or waiver application, as may be required, to implement the provisions of this Act. SECTION 65. Section 4 of chapter 19A of the general laws is hereby amended by adding in subsection (d) after the word “persons”, the following:- “Including, but not limited to, providing information about the Program of All-Inclusive Care for the Elderly (PACE), pursuant to 42 CFR Part 460.60, Senior Care Options (SCO) and fee for service (CHOICES).”.” SECTION 66. Section 4B of chapter 19A of the general laws is hereby amended by adding in the fourth paragraph after the words “referral services to elders” in subsection (1) the following:- “provided, that said information and referral services shall include, but not be limited to, information about the Program of all-inclusive care for the elderly (PACE) pursuant to 42 CFR Part 460.60; Senior Care Options (SCO) and fee for service (CHOICES). SECTION 67. Section 9 of chapter 118E of the general laws is hereby amended by striking paragraph four and adding in place there of the following:- “A person seeking admission to a long-term care facility paid for by MassHealth shall receive pre-admission counseling for long-term care services, which shall include an assessment of community-based service options including but not limited to the Program of all-inclusive care for the elderly (PACE) pursuant to CFR Part 460.60 Senior Care Options (SCO) and fee for service (CHOICES). A person seeking care in a long-term care facility on a private pay basis shall be offered pre-admission counseling. For the purposes of this section, pre-admission counseling shall be conducted by the executive office of health and human services or the executive office of elder affairs or their subcontractors. The executive office of elder affairs shall, in consultation with the office of acute and ambulatory care in the executive office of health and human services, study the advisability and feasibility of using certain Medicaid providers to provide pre-admission counseling. The division shall report to the general court on an annual basis the number of individuals who received pre-admission counseling under this section and the number of diversions to the community generated by the pre-admission counseling program.” SECTION 68. Section 3 of chapter 40A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the last paragraph the following 3 paragraphs:- No zoning ordinance or by-law shall prohibit or require a special permit for the use of land or structures for an accessory dwelling unit, or the rental thereof, in a single-family residential zoning district on a lot with 5,000 square feet or more or on a lot of sufficient area to meet the requirements of title 5 of the state environmental code established by section 13 of chapter 21A, if applicable; provided, however, that the single-family dwelling or the accessory dwelling unit is occupied by at least 1 person with disabilities or 1 person who is elderly. As used in this section, “accessory dwelling unit” shall mean a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, incorporated within the same structure as a single-family dwelling or in a detached accessory structure and that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the single dwelling; (ii) shall not be sold separately from the single family dwelling; (iii) is not smaller in floor area than 450 square feet; (iv) may include up to two bedrooms; and (v) is not larger in floor area than ½ the floor area of the single family dwelling or 900 square feet, whichever is smaller; “person with disabilities” shall mean a person who has been determined to be disabled (i) in accordance with criteria established by local by-law or ordinance, if any, or (ii) by the Social Security Administration or MassHealth, notwithstanding any local by-law or ordinance; and “elderly” shall mean a person sixty-five years of age or older. The zoning ordinance or by-law may require that the single-family dwelling or the accessory dwelling unit be owner-occupied and may limit the total number of accessory dwelling units in the municipality to a percentage not lower than 5 percent of the total non-seasonal housing units in the municipality. The use of land or structures for an accessory dwelling unit may be subject to reasonable regulations concerning dimensional setbacks and the bulk and height of structures. Not more than 1 additional parking space shall be required for an accessory dwelling unit but, if parking is required for the single family dwelling, that parking shall either be retained or replaced. An accessory dwelling unit allowed under this section is considered owner-occupied upon transfer of title of the single-family dwelling in whole or in part to a trust in which at least 1 beneficiary is a person with disabilities or a person who is elderly; provided, however, that either the single-family dwelling or the accessory dwelling unit remains occupied by that beneficiary. Nothing in this paragraph shall authorize an accessory dwelling unit to violate the building, fire, health or sanitary codes, historic or wetlands laws, or ordinances or by-laws. SECTION 69. The General Laws are hereby amended by inserting after Chapter 19D, the following new chapter: – Chapter 19D1/2 Section 1: Purpose (a) The purpose of this chapter is to enable a setting of care that is referred to as personal care homes. This chapter establishes licensing requirements to protect the health, safety and wellbeing of personal care home residents. (b) Personal care homes are designed to provide safe, humane, comfortable and supportive residential settings for adults who require assistance or supervision with activities of daily living or instrumental activities of daily living, and qualify for the State Home Care Program. Residents who live in personal care homes that meet the requirements in this chapter will receive the encouragement and assistance they need to develop and maintain maximum independence and self-determination. Section 2: Definitions When used in this chapter, unless the context requires otherwise, the following terms shall have the following meanings: ''Aging services access point'' or ''ASAP'', any agency designated by the executive office of elder affairs pursuant to section 4B of chapter 19A. "Commissioner", the commissioner of the department of transitional assistance as established by section 3 of chapter 18, or her designee. “License”, a certificate of compliance issued by the Secretary permitting the operation of a personal care home, at a given location, for a specific period of time, for a specified capacity. ''MassHealth Senior Care Options" or “SCO program", a program of medical, health and support services covered under Title XIX or Title XVIII of the Social Security Act, provided through senior care organizations. “Personal care home” or “home”, a premise in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for no more than six adults who are not relatives of the sponsor, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. The term includes a premise that has held or presently holds itself out as a personal care home and provides food and shelter to no more than six adults who need personal care services, but who are not receiving the services. “Personal care home administrator” or “administrator”, an individual who is charged with the general administration of a personal care home, whether the individual has an ownership interest in the personal care home, and whether functions and duties are shared with other individuals. “Secretary”, the secretary of the department of elder affairs as established by section 1 of chapter 19A, or her designee. “Sponsor”, a person, society, corporation, governing authority or partnership legally responsible for the administration and operation of a personal care home. “State Home Care Program”, an array of programs enabled by section 4 of chapter 19A that create a continuum of long-term care supports that shall also include the MassHealth Senior Care Options program. Section 3: Regulations The secretary may promulgate regulations for the implementation, administration and enforcement of this chapter; provided that regulations pursuant to section four are separate and distinct from regulations pursuant to sections five and six. Section 4: Licensing of personal care homes The secretary shall issue for a term of two years, and shall renew for like terms, a license, subject to revocation by it for cause, to any sponsor whom it deems responsible and suitable to establish or maintain a personal care home, which meets the requirements that the secretary established in accordance with her rules and regulations; provided, however, that each personal care home shall be inspected at least once a year. The secretary may delegate the duty of inspection to an ASAP, and the results of said inspection will inform the secretary’s determination on the issuance or renewal of a license. For purposes of this section, the secretary’s determination of responsibility and suitability shall include the following factors: (i) the criminal history of the prospective sponsor, or any officer, director, shareholder or general or limited partner thereof, to which the secretary has been granted access or certification or may be subsequently granted access or certification by the department of criminal justice information services; (ii) the financial capacity of the prospective sponsor to operate the personal care home in accordance with applicable laws; (iii) the history of the prospective sponsor in providing home and community based long term care services within the commonwealth measured by compliance with applicable statutes and regulations governing the operation of such services; and (iv) the history of the prospective sponsor in providing home and community based long term care services in states other than the commonwealth, if any, measured by compliance with the applicable statutes and regulations governing the operation of such services in said states. (v) any other factors deemed reasonable and necessary by the secretary and promulgated in regulations pursuant to this chapter. The secretary may, when public necessity and convenience require, or to prevent undue hardship to a sponsor or potential sponsor, under such rules and regulations as it may adopt, grant a temporary provisional or probationary license under this section; provided, however, that no such license shall be for a term exceeding one year. Section 4A: Exemptions No person shall advertise, operate or maintain a personal care home without the license required by this chapter; provided, however, that the provisions of this chapter shall not apply to such entities for the original facilities and services for which said entities were originally licensed or organized to provide: (1) assisted living residence as defined by section 1 of chapter 19D; (2) convalescent homes, nursing homes, rest homes, charitable homes for the aged or intermediate care facilities for persons with an intellectual disability licensed pursuant to section 71 of chapter 111; (3) hospices licensed pursuant to the provisions of section 57D of chapter 111; (4) facilities providing continuing care to residents as defined by section 76 of chapter 93; (5) congregate housing authorized by section 39 of chapter 121B; (6) group homes operating under contract with the department of mental health or the department of developmental services; (7) housing operated for only those duly ordained priests, or for the members of the religious orders of the Roman Catholic church in their own locations, buildings, residences or headquarters to provide care, shelter, treatment and medical assistance for any of the said duly ordained priests or members of the said religious orders; or (8) Premises where the owner of the real property of the premises has no ownership, control or affiliation with any provider of home-based and community-based personal assistance services at those premises. Section 4B: Transfer of Ownership In the case of the transfer of ownership of a personal care home, a prospective transferee, in the capacity of a prospective sponsor, shall submit a notice of intent to acquire such a home to the secretary at least ninety days prior to the transfer of ownership. The notice of intent shall be on a form supplied by the secretary and shall be deemed complete upon submission of all information that the department requires on the notice of intent form and is reasonably necessary to carry out the purposes of this section. Within ninety days of the submission of a completed notice of intent form, the secretary shall determine whether such prospective sponsor is responsible and suitable for licensure. Requests by the secretary for information other than the information required on the notice of intent form shall not extend the ninety day period. Notwithstanding the foregoing, the secretary with the consent of said prospective licensee may extend the ninety day determination period for one additional period not to exceed thirty days. The prospective sponsor shall be deemed responsible and suitable upon the expiration of the ninety day period, or upon the expiration of said period as extended, if the secretary fails to notify said prospective sponsor in writing of its decision within the ninety day period or within the expiration of the extension period, whichever is applicable. Upon determination by the secretary that the prospective sponsor is responsible and suitable for licensure, or upon the failure of the department to notify said prospective sponsor in writing of its decision within the required period, and upon a transfer of ownership, the prospective sponsor may file an application for a license that shall have the effect of a license until the secretary takes final action on the application. If the secretary determines that the prospective sponsor is not suitable for licensure, the secretary's determination shall take effect on the date of the secretary's notice. In such cases, the prospective sponsor shall upon the filing of a written request with the secretary be afforded an adjudicatory hearing pursuant to chapter thirty A. During the pendency of such appeal, the prospective sponsor shall neither operate the facility as a sponsor, nor, without prior approval of the secretary, manage such personal care home. No transfer of ownership of a personal care home shall occur unless the prospective sponsor has been deemed suitable for licensure in accordance with the provisions of this section. Section 4C: Denial, suspension, or revocation of license The secretary may deny, suspend or revoke a license in any case after finding a failure or refusal to comply with the requirements established under this chapter or the regulations promulgated thereunder. Notice of denial, revocation, suspension or modification and the sponsor's or prospective sponsor’s right to an adjudicatory proceeding shall be governed by the provisions of chapter 30A. In no case shall the revocation of such a license take effect in less than thirty days after written notification by the Secretary to the personal care home. Section 4D: Licensing Fee The fee for the issue or renewal of each license shall be determined annually by the commissioner of administration under the provision of section 3B of chapter 7. The fee shall be sufficient to support the direct and indirect costs incurred by the department of elder affairs related to the duties established by section 4, including, but not limited to, costs incurred when the secretary delegates inspection to an ASAP. Section 4E: Access The Sponsor or Administrator shall provide, upon request, immediate access to the home, the residents and records to agents of the department of elder affairs, representatives of the ASAP and representatives of the long-term care ombudsman program. Section 5: Delivery of long-term services and supports Consistent with the powers enumerated in section 4 of chapter 19A, the secretary shall mobilize the human, physical and financial resources available to develop and implement innovative programs and service models to support residents of personal care homes. The secretary shall encourage the development and availability of personal care homes as a care setting option for individuals who require assistance or supervision with activities of daily living, instrumental activities of daily living or both. All residents of personal care homes who meet the eligibility requirements of the state home care program as defined in section 2 shall have access to the services and supports provided by the program. When a personal care home resident is enrolled in the state home care program, a sponsor must accept as full payment for cost of care services the amount of the combined service revenues resulting from the state home care program, and any other formal and informal resources being coordinated through the service plan as maintained by the ASAP. All residents of personal care homes shall have a person-centered care plan maintained and authorized by an ASAP. Section 6: Resident Contract The personal care home shall have a signed contract with each resident that specifies the terms of his or her agreement. The secretary shall establish the minimum requirements of the resident contract between the personal care home administrator and the personal care home resident. The resident contract shall include, but not be limited to, the following: (1) Information regarding services the resident will receive covered under the ASAP service plan. The ASAP service plan will account for both formal and informal services coordinated for the resident, and in consideration of the service schedules of the other residents within the particular personal care home; (2) Arrangements for payment, including cost-sharing requirements of the ASAP service plan; (3) A grievance procedure that requires the initial grievance to be presented to the personal care home administrator, and includes an escalation process for the grievance to be further reviewed first by the ASAP and then by the executive office of elder affairs; (4) The conditions under which either party may terminate the resident contract; and (5) Information and acknowledged disclosure regarding how the resident may contact the community care ombudsman. The term of a resident contract shall not exceed one year and may be renewable for one year at the option of the personal care home resident. A condition of the option is for a person-centered care plan maintained and authorized by the ASAP and approved by the personal care home resident to be in place at the time of extension. Section 6A: Discharge The secretary shall establish the procedural requirements for an involuntary discharge, including the notice requirements and the related appeal process, in furtherance of this section. If a personal care home resident does not meet the terms for occupancy as stated in the resident contract, the personal care home shall not commence involuntary discharge until the administrator has discussed the reasons for the involuntary discharge with the designated representative of the personal care home resident and the ASAP care manager responsible for the service plan. Documentation of the discussions shall be placed in the resident’s record. A resident may be involuntarily discharged only if one or more of the following occurs: (1) The resident poses an immediate threat to self or others; (2) The resident needs mental health services to prevent harm to self or others; (3) The resident has substantially breached the conditions of the residential contract; (4) The personal care home sponsor has had its license terminated, suspended, not renewed, or voluntarily surrendered; or (5) The personal care home can no longer meet the resident’s needs with available support services. Triggering this occurrence requires a signed affirmation by the ASAP responsible for maintaining the service plan. Furthermore, triggering this occurrence requires the clinical review of an ASAP from a contiguous service area with a signed statement confirming that the reviewing ASAP does not object to the involuntary discharge for the reason of no longer being able to meet the resident’s needs with available support services. The secretary shall establish the procedural requirements for an involuntary discharge, including the notice requirements and the related appeal process. The administrator shall prepare plans, in consultation with the ASAP, to ensure safe and orderly involuntary discharge while protecting resident health, safety and rights. Section 7: Supports for Room and Board The secretary shall coordinate with the commissioner to develop an optional state supplement for recipients of supplemental security income who reside in personal care homes. The optional state supplement shall be no less than the supplement for assisted living. The optional state supplement may exceed the assisted living supplement by no more than ten percent. The secretary shall recommend, and the commissioner shall establish and routinely revise, a personal needs allowance for residents of personal care homes. A personal care home shall accept as full payment for room and board the amount of the combined optional state supplement and the supplemental security income payment, minus the personal needs allowance. Section 8: ASAP Performing as Sponsor Consistent with section 4B of chapter 19A, an ASAP may, in its role of a nonprofit agency capable of marshaling resources from within the community it serves, serve as sponsor to a personal care home. In such an instance, for the purpose of paragraph six in section 4 of chapter 19A, an ASAP coordinating and receiving the supports for room and board payments related to section 7 of said chapter shall not be considered a direct service. When performing as a personal care home sponsor, the ASAP shall submit a plan for the review and approval of the secretary that specifies the measures taken to ensure adherence to the requirements of paragraph six in section 4 of chapter 19A. SECTION 70. Chapter 121B is hereby amended by adding the following section:- Section 61. (a) For purposes of this section, unless the context clearly requires otherwise, the following words shall have the following meanings: “Bullying”, the repeated use by one or more residents of employees of, or visitors to, a covered residential community of a written, verbal or electronic expression physical act or gesture or any combination thereof, directed at a victim that: (i) causes physical or emotional harm to the victim or damage to the victim's property; (ii) places the victim in reasonable fear of harm to himself or of damage to his property; (iii) creates a hostile environment for the victim; (iv) infringes on the rights of the victim at a covered residential community; or (v) materially and substantially disrupts the orderly operation of a covered residential community. For the purposes of this section, bullying shall include but not be limited to cyber-bullying, group or social bullying, and mobbing. “Covered residential community”, a public or privately-owned, multifamily residential housing development subsidized in whole or in part by the U.S. Department of Housing and Urban Development or the Commonwealth of Massachusetts and intended for occupancy primarily or solely persons aged 55 or older and/or persons with disabilities. “Cyber-bullying”, bullying through the use of technology or any electronic communication, which shall include, but shall not be limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not limited to, electronic mail, internet communications, instant messages, instant messages or facsimile communications. Cyber-bullying shall also include (i) the creation of a web page or blog in which the creator assumes the identity of another person or (ii) the knowing impersonation of another person as the author or posted content or messages, if the creation of impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. Cyber-bullying shall also include the distribution by electronic means of a communication to more than one person or the posting of material on an electronic medium that may be accessed by one or more persons, if the distribution or posting creates any of the conditions enumerated in clauses (i) to (v), inclusive or the definition of bullying. “Group or social bullying” is the attempt by several persons acting together to engage in bullying conduct toward one or more victims by intentional, repeated, aggressive speech or action capable of causing harm. “Hostile environment”, a situation in which bullying causes the residential environment to be permeated with intimidation, ridicule, or insult that is sufficiently severe or pervasive to interfere with a resident’s peaceful enjoyment of her tenancy or rights as a tenant. “Mobbing”, is bullying that owner/management employees condone or take part in, with the purpose of demeaning the victim and excluding them from the social life, quiet enjoyment of occupancy, or occupancy status in a covered residential community. “Owner/managers”, the owner of a covered residential community and/or the property manager or management agent responsible for managing a covered residential community. “Plan”, a bullying prevention and intervention plan established pursuant to subsection (d). “Perpetrator”, a person who engages in bullying or retaliation, or an owner/management company whose employees engage in, support or condone bullying, group or social bullying or mobbing. “Residential property and grounds”, property on which a covered residential community is located or property that is owned, leased, or used by an owner/manager or group of residents for an activity, function, program, instruction or training related to the operation of the residential community. “Victim”, a person against whom bullying, group or social bullying, mobbing, or retaliation has been perpetrated. (b) Bullying shall be prohibited: (i) on residential property and ground, at an owner/manager or resident sponsored activity, function or program whether on or off residential grounds or through the use of technology or an electronic device owned, leased, or used by an owner/manager; and (ii) at an owner/manager sponsored location, activity, or function or program that is not located within the covered residential community, or through the use of technology or an electronic device that is not owned, leased, or used by an owner/manager, if the bullying creates a hostile environment in a covered residential community for the victim, infringes on the rights of the victim at a covered residential community or materially and substantially disrupts the orderly operation of a covered residential community. Nothing contained herein shall require an owner/manager to staff any non-residence related activities, functions, or programs. Retaliation against a person who reports bullying, provides information during an investigation or bullying, or witnesses or has reliable information about bullying shall be prohibited. (c) The public safety division of the Commonwealth’s attorney general’s office, after consultation with the department of public health, the department of mental health, the executive office of elder affairs, the office on disability, the department of housing and community development, Mass Housing, the Massachusetts district attorneys association, representatives or areawide tenant organizations representing residents of covered residential communities, representatives or areawide associations or resident service coordinators and owner/managers, and experts on bullying, group or social bullying, and mobbing shall, within one year of enactment of this legislation: (i) publish a model plan and training curricula for owner/managers to consider when creating their plans and curricula; and (ii) create and compile list of bullying prevention and intervention resources, evidence-based curricula, best practices and academic-based research that shall be made available to covered residential communities. The resources may include, but shall not be limited to, print, audio, video or digital media; subscription based online services; and on-site or technology-enabled professional development and training sessions. The Division shall biennially update the model plan and the list of the resources, curricula, best practices and research and shall post them on its website. The division shall conduct a biennial confidential survey of residents and management staff to assess the prevalence and extent of bullying and the effectiveness of remedial efforts, and publish the findings while protecting the confidentiality of respondents. (d) Each owner/manager of a covered residential community shall provide appropriate training on bullying prevention to all employees and residents of a covered residential community. The curriculum shall be evidence-based. (e) (1) Each covered residential community shall develop, adhere to and update a plan to address bullying prevention and intervention in consultation with residents, any legitimate residents’ association as defined by 24 CFR Part 245, resident support organizations, owner/manager service employees, on-site management staff, professional support personnel, community representatives, local law enforcement agencies, and division staff. The consultation shall include, but not be limited to, notice and a public comment period. The plan shall be adopted and implemented within six months of preparation of a model plan by the division and updated at least biennially. (2) Each plan shall include, but not be limited to: (i) descriptions of and statements prohibiting bullying, group or social bullying, mobbing, cyber-bullying and retaliation; (ii) clear procedures for residents, owner/manager employees, visitors, relatives, partners, guardians and others to report bullying or retaliation; (iii) a provision that reports of bullying or retaliation may be made anonymously; provided, however, that no disciplinary action shall be taken against a resident or owner/manager employee solely on the basis of an anonymous report; (iv) clear procedures for promptly responding to and investigating reports of bullying or retaliation; (v) the range of remedial actions that may be taken against a perpetrator for bullying or retaliation, including but not limited to employment sanctions or lease enforcement; provided, however, that the remedial actions shall balance the need for accountability with the need to teach appropriate behavior; (vi) clear procedures for restoring a sense of safety for a victim and assessing that victim’s needs for protection; (vii) strategies for protecting from bullying or retaliation a person who reports bullying, provides information during an investigation of bullying or witnesses or has reliable information about an act of bullying; (viii) procedures consistent with state and federal law for promptly notifying the relatives, partners, or guardians of a victim and a perpetrator, if appropriate and authorized by the victim; provided, further, that the relatives, partners and guardians of a victim shall also be notified of the action taken to prevent any further acts of bullying or retaliation, if appropriate and authorized by the victim; and provided, further, that the procedures shall provide for immediate notification pursuant to regulations promulgated under this subsection by the division or person who holds a comparable role to the local law enforcement agency when civil and/or criminal charges may be pursued against the perpetrator; (ix) a provision that a person who knowingly makes a false accusation of bullying or retaliation shall be subject to remedial action or sanction; and (x) a strategy for providing, counseling or referring to appropriate services for perpetrators and victims and for appropriate family members of said residents. The plan shall also reference existing regulatory and lease protections applicable to the covered residential community, including but not limited to grievance procedures and protections for public housing tenants; lease and 24 CFR Part 245, protections for HUD multifamily tenants; and comparable protections for MassHousing tenants in elderly/handicapped housing. Each plan shall also include procedures for victims to appeal confidentially to the division in cases where the alleged perpetrator is the owner/manager or employee of the covered residential community and the resident is concerned about retaliation. (3) Nothing in this section shall prevent an owner/manager from remediating any discrimination or harassment based on a person’s membership in a legally protected category under local, state or federal law. (4) The plan for a covered residential community shall include a provision for ongoing professional development and training to build the skills of all employees, including, but not limited to, on-site managers, social service or resident service coordinators, maintenance and office clerical staff, to prevent, identify and respond to bullying. The content of such professional development shall include, but not be limited to: (i) appropriate strategies to prevent bullying incidents; (ii) appropriate strategies for immediate, effective interventions to stop bullying incidents; (iii) information regarding the complex interaction and power differential that can take place between and among one or more perpetrators, victims and witnesses to the bullying; (iv) research findings on bullying, including information about specific categories of residents who have been shown to be particularly at risk for bullying in the environment or covered residential communities, and the role of mental illness, dementia, behavioral disorders, domestic violence and substance abuse as they may affect both victims and perpetrators; (v) information on the incidence and nature of cyber-bullying; and (vi) internet safety issues as they relate to cyber-bullying. The division shall identify and offer information on alternative methods for fulfilling the professional development requirements of this section, at least one of which shall be available at no cost to owners/managers of covered residential communities. (5) The plan may include provisions for informing relatives, partners, and guardians about the bullying prevention curriculum of the covered residential community and shall include, but not be limited to: (i) how relatives, partners and guardians can reinforce the curriculum and support the owner/manager or division plan; (ii) the dynamics of bullying; and (iii) online safety and cyber-bullying. (6) The division shall promulgate rules and regulations on the requirements related to an owner/agent’s duties under clause (viii) of the second paragraph of subsection (e). (f)(1) Each owner/manager shall provide to residents and/or their designees, in appropriate languages or means of communication, annual written notice of the relevant resident-related sections of the plan. (2) Each owner/manager shall provide to all employees of a covered residential community annual written notice of the plan. The employees at each covered residential community shall be trained biennially on the plan. The relevant section of the plan relating to the duties of employees shall be included in an owner/agent employee handbook or policies. (3) The plan shall be posted on the website of each owner/manager or a covered residential community, or otherwise made available to residents, staff and interested members of the public. (g) Each owner/manager shall be responsible for the implementation and oversight of the plan at her covered residential community. (h) Any employee of a covered residential community, including on-site management staff, social service or resident service coordinator, maintenance or clerical staff, shall immediately report any instance of bullying or retaliation the staff member has witnessed or become aware of to the owner/manager official identified in the plan as responsible for receiving such reports. Upon receipt of such a report, the owner/manager or a designee shall promptly conduct an investigation. If the owner/manager or a designee determines that bullying or retaliation has occurred, the owner/manager or designee shall (i) take appropriate remedial action, in consultation with the victim; and (ii) assist the victim in notifying the local law enforcement agency if the owner/manager or designee believes that civil, criminal or both civil and criminal charges may be pursued against a perpetrator. (i) If an incident of bullying or retaliation occurs on the grounds of a covered residential community and involves a former resident or employee who is no longer involved in a covered residential community, the owner/manager informed of the bullying or retaliation shall contact law enforcement consistent with the provisions of clause (viii) of the second paragraph of subsection (e). (j) Nothing in this section shall supersede or replace existing rights or remedies under any other general or special law. SECTION 71 (a) Notwithstanding any special or general law to the contrary, there shall be a special commission established to study and report on alternatives to the arrest and incarceration for individuals with developmental and intellectual disabilities. The report shall include, but not be limited to, findings and recommendations on: (i) existing options for diverting individuals with disabilities from incarceration; (ii) recommendations for improving the process by which individuals with disabilities are placed; (iii) techniques to identify individuals at risk due to developmental or intellectual disabilities or pervasive mental health conditions; (iv) techniques, services, and other resources to prevent exacerbation of issues. (b) The commission shall consist of the following 21 members: the secretary of health and human services or a designee, who shall serve as co-chair; the secretary of public safety and security or a designee, who shall serve as co-chair; the commissioner of the department of developmental services or a designee; the commissioner of the department of mental health or a designee; the chairs of the joint committee on the judiciary; the chairs of the joint committee on children, families and persons with disabilities; one member of the senate to be appointed by the president of the senate; one member of the senate to be appointed by the minority leader; one member of the house of representatives to be appointed by the speaker of the house of representatives; one member of the house of representatives to be appointed by the house minority leader of the house of representatives; the president of the Massachusetts Sheriffs’ Association or a designee; the president of the Massachusetts District Attorneys’ Association or a designee; the president of the Massachusetts Chiefs of Police or a designee; the chief counsel of the committee for public counsel services or a designee; a representative from the Arc of Massachusetts; a representative from the Disability Law Center; a representative from the Disability Policy Consortium; a representative from the Center for Public Representation; a representative from Dignity Alliance Massachusetts; a representative from an organization involved with persons who are autistic, to be appointed by the governor; and a clinician with experience working with intellectually and developmentally disabled individuals in the criminal justice system, to be appointed by the governor. (c) 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 not later than July 31, 2024.

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An Act relative to violent crimes

H1420

HD3341

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T16:46:19.377'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T16:46:19.3766667'}, {'Id': None, 'Name': 'Timothy Cruz', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:46:19.3766667'}, {'Id': None, 'Name': 'Timothy Shugrue', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:46:19.4066667'}, {'Id': None, 'Name': 'Paul Tucker', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:46:19.4066667'}, {'Id': None, 'Name': 'Michael Morrissey', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:46:19.4066667'}, {'Id': None, 'Name': 'David Sullivan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:46:19.4233333'}, {'Id': None, 'Name': 'Joseph Early', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:46:19.4233333'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-01-26T11:43:09.46'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1420/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1420) of Tackey Chan and others relative to certain violent crimes. The Judiciary.

SECTION 1. Section 52 of Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended in line 18 by inserting after the word “committed,” the following words:- “while under the age of eighteen, murder in violation of section one of chapter two hundred sixty-five; or” SECTION 2. Section 54 of Chapter 119, as so appearing, is hereby amended in line 16 by inserting after the second paragraph the following new paragraph:- “The commonwealth may proceed by complaint in juvenile court or in a juvenile session of a district court, as the case may be, or by indictment as provided by chapter two hundred and seventy-seven, if a person while under the age of eighteen is alleged to have committed an offense in violation of section one of chapter two hundred and sixty-five.” SECTION 3. Section 72B of Chapter 119, as so appearing, is hereby amended by inserting at the beginning thereof the following:- “If a person is found guilty or adjudicated delinquent by reason of murder in the first degree committed before his fourteenth birthday under the provisions of section one of chapter two hundred and sixty-five, the person shall be sentenced to 20 years with possibility of parole after 15 years; or if found guilty or adjudicated delinquent by reason of murder in the second degree, the person shall be sentenced to 15 years with possibility of parole after 10 years in accordance with section fifty-eight of chapter one hundred nineteen.” SECTION 4. Chapter 279 of the General Laws, as so appearing, is hereby amended by striking out Section 24 and inserting in its place the following:- Section 24. If a convict is sentenced to the state prison, except as a habitual criminal, the court shall not fix the term of imprisonment, but shall fix a maximum and a minimum term for which he may be imprisoned. The maximum term shall not be longer then the longest term fixed by law for the punishment of the crime of which he has been convicted, and the minimum term shall be a term set by the court, except that, where an alternative sentence to a house of correction is permitted for the offense, a minimum state prison term may not be less than one year. In the case of a sentence to life imprisonment, except in the case of a sentence for murder in the first degree, and in the case of multiple life sentences arising out of separate and distinct incidents that occurred at different times, where the second offense occurred subsequent to the first conviction, the court shall fix a minimum term which shall not be less than 15 years nor more than 25 years. In the case of a sentence for murder in the first degree imposed upon a person who has been designated pursuant to subsection (b) of section two of chapter two hundred and sixty-five as eligible for parole, the court shall fix a minimum term which shall not be less than 35 years.

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An Act to assist the investigation of serious crimes

H1421

HD3343

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T16:52:16.297'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-19T16:52:16.2966667'}, {'Id': None, 'Name': 'Timothy Cruz', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:52:16.2966667'}, {'Id': None, 'Name': 'Timothy Shugrue', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:52:16.2966667'}, {'Id': None, 'Name': 'Paul Tucker', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:52:16.2966667'}, {'Id': None, 'Name': 'Michael Morrissey', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:52:16.3133333'}, {'Id': None, 'Name': 'David Sullivan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:52:16.3133333'}, {'Id': None, 'Name': 'Joseph Early', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-19T16:52:16.3133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1421/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1421) of Tackey Chan and others for legislation to assist the investigation of serious crimes. The Judiciary.

SECTION 1: Section 99 of chapter 272, as appearing in 2020 Official Edition, is hereby amended in sub-section B.1 by striking, in lines 29 – 32, the definition of “wire communication” and inserting in place thereof the following definition:- 1. The term “transmitted communication” means any communication made in whole or in part through (i) the use of facilities which allow for the transmission of communications or (ii) the aid of wire, cable, wireless, electronic, digital, radio, electromagnetic, satellite, cellular, optical, or other like technological means in order to achieve a connection between a point of origin and a point of reception, regardless of whether or not such communication travels in part within a switching station or other like facility. The term “transmitted communication” shall also include: any transfer of signs, signals, writing, images, photographs, videos, texts, sounds, data, or intelligence of any nature transmitted in whole or in part by using a cellular telephone, Smartphone, personal data assistant or similar devices, but shall not include: (i) any communication made through a tone-only paging device; (ii) any communication from a tracking device, defined as an electronic or mechanical device which permits the tracking of movement of a person or object; or (iii) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. SECTION 2: Section 99 of chapter 272, as so appearing, is further amended at line 77, in sub-section B.7 by adding at the end thereof, the following definition:- The term “designated offense” shall also include, whether or not in connection with organized crime, (i) any homicide; (ii) any crime that involves the use, attempted use, or threatened use of force; (iii) any violation of the laws relating to controlled substances, as defined in chapter 94C; (iv) any crime that involves the use, sale, purchase, delivery, transport, or licensing of firearms; (v) human trafficking, as defined in sections 50 through 52 of chapter 265; (vi) being an accessory to any of the offenses described in this sentence and conspiracy or attempt or solicitation to commit any of the offenses describes in this sentence.

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An Act relative to Trial Court data collection

H1422

HD3344

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T00:58:48.683'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T00:58:48.6833333'}, {'Id': None, 'Name': 'Timothy Cruz', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:58:48.7'}, {'Id': None, 'Name': 'Timothy Shugrue', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:58:48.7'}, {'Id': None, 'Name': 'Paul Tucker', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:58:48.7'}, {'Id': None, 'Name': 'Michael Morrissey', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:58:48.7166667'}, {'Id': None, 'Name': 'David Sullivan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:58:48.7166667'}, {'Id': None, 'Name': 'Joseph Early', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:58:48.73'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1422/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1422) of Tackey Chan and others relative to Trial Court age, gender and race data collection. The Judiciary.

SECTION 1. Section 9 of Chapter 211B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting at the end thereof the following:- “(xxv) the responsibility to collect and maintain offense information, race, gender, and age data of persons before the court accused of a crime, and to provide such data publicly.”

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An Act relative to leaving the scene of a collision

H1423

HD3345

{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T00:54:29.02'}

[{'Id': 'T_C1', 'Name': 'Tackey Chan', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_C1', 'ResponseDate': '2023-01-20T00:54:29.02'}, {'Id': None, 'Name': 'Timothy Cruz', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:54:29.0366667'}, {'Id': None, 'Name': 'Timothy Shugrue', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:54:29.0533333'}, {'Id': None, 'Name': 'Paul Tucker', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:54:29.0666667'}, {'Id': None, 'Name': 'Michael Morrissey', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:54:29.0833333'}, {'Id': None, 'Name': 'David Sullivan', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:54:29.1'}, {'Id': None, 'Name': 'Joseph Early', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T00:54:29.1'}, {'Id': 'DFC1', 'Name': 'Daniel Cahill', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFC1', 'ResponseDate': '2023-04-04T16:42:07.2033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1423/DocumentHistoryActions

Bill

By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 1423) of Tackey Chan and others relative to motor vehicle operators leaving the scene of a collision. The Judiciary.

SECTION 1. Section 24 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “property”, in line 932, the following words:- “or after having reason to know that he collided with or otherwise caused injury to any other vehicle or property,”. SECTION 2. Section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the words “death of any person”, in line 982, the following words:- “or after having reason to know that he collided with or otherwise caused injury to any person not resulting in the death of any person,”. SECTION 3. Section 24 of chapter 90, as so appearing, is hereby further amended by striking out the word “shall”, in line 992, and inserting in place thereof the following words:- “or after having reason to know that he collided with or otherwise caused injury to any person, shall,”.

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An Act removing barriers to justice in the workplace

H1424

HD3847

{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T14:52:36.39'}

[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-20T14:52:36.39'}, {'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T14:53:19.75'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T14:15:35.28'}, {'Id': 'AXV1', 'Name': 'Andres X. Vargas', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AXV1', 'ResponseDate': '2023-01-25T14:15:35.28'}, {'Id': 'SND0', 'Name': 'Sal N. DiDomenico', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/SND0', 'ResponseDate': '2023-01-25T15:05:55.2266667'}, {'Id': 'MRS1', 'Name': 'Margaret R. Scarsdale', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRS1', 'ResponseDate': '2023-01-26T12:04:01.7866667'}]

{'Id': 'N_H1', 'Name': 'Natalie M. Higgins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/N_H1', 'ResponseDate': '2023-01-20T14:52:36.39'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1424/DocumentHistoryActions

Bill

By Representatives Connolly of Cambridge and Higgins of Leominster, a petition (accompanied by bill, House, No. 1424) of Mike Connolly, Natalie M. Higgins and others relative to workplace discrimination complaints. The Judiciary.

Section 5 of Chapter 151B of the General Laws is hereby amended by striking out, in line 182, the words “300 days” and inserting in place thereof the following words: “3 years”.

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An Act banning the use of tear gas by law enforcement

H1425

HD2634

{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T15:12:35.643'}

[{'Id': 'M_C1', 'Name': 'Mike Connolly', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/M_C1', 'ResponseDate': '2023-01-19T15:12:35.6433333'}, {'Id': 'RLR0', 'Name': 'Rebecca L. Rausch', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RLR0', 'ResponseDate': '2023-01-21T14:07:00.5166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-19T17:00:19.92'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1425/DocumentHistoryActions

Bill

By Representative Connolly of Cambridge, a petition (accompanied by bill, House, No. 1425) of Mike Connolly, Lindsay N. Sabadosa and Rebecca L. Rausch relative to banning the use of tear gas by law enforcement. The Judiciary.

Chapter 6 of the General Laws is hereby amended by inserting after section 116K, as added by chapter 253 of the acts of 2020, the following section:- SECTION 116L. (a) No law enforcement officer, law enforcement agency or department shall purchase, obtain, use or allow to be used for law enforcement purposes on any person, a chemical or substance that can produce rapidly in humans, sensory irritation or disabling physical effects within a short time of exposure. Examples of such substance include “tear gas” or “CS gas”. (b) Whoever violates this section shall be punished by a criminal fine of $5,000.

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An Act establishing a regional keep safe program in Suffolk County

H1426

HD1261

{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-18T11:35:04.367'}

[{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-18T11:35:04.3666667'}, {'Id': None, 'Name': 'Sheriff Steve Tompkins', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-18T11:35:04.3833333'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-02-28T16:54:27.27'}, {'Id': 'JAG1', 'Name': 'Jessica Ann Giannino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JAG1', 'ResponseDate': '2023-02-28T16:53:31.12'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1426/DocumentHistoryActions

Bill

By Representative Consalvo of Boston, a petition (accompanied by bill, House, No. 1426) of Rob Consalvo and others for legislation to establish a regional keep safe facility within Suffolk County for the detention of persons arrested upon probable cause or warrant or a person arrested under a civil process. The Judiciary.

SECTION 1. Section 34 of chapter 40 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence: Unless a member of a regional lockup facility, a city or town containing more than five thousand inhabitants shall, and any other town may, maintain a secure and convenient lockup to which a person arrested without a warrant may be committed; and a magistrate may commit, for further examination, a prisoner charged with a bailable offense and not recognizing, to the lockup in the town where the prisoner was arrested, to any regional lockup of which that town is a member, or to the lockup in a town where the court is held, if he considers it safe and commodious and that expense may be saved thereby. SECTION 2. Section 35 of chapter 40, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph: Notwithstanding the foregoing paragraph, if there is a county regional lock-up facility, the sheriff of that county shall be responsible for the appointment of the administrator of the lock-up facility who shall serve for such term as the sheriff shall determine and who can be terminated from such position with or without cause at the sole discretion of the sheriff. Written notice of the same shall be filed with the county commissioners and the clerk of each member city or town. The administrator of the regional lock-up facility shall have all the powers and duties of a keeper of the lock-up. SECTION 3. Section 36B of chapter 40, as so appearing, is hereby amended by inserting after the word “town,” in the first sentence, the following word: , regional, SECTION 4. Section 36B of chapter 40, as so appearing, is hereby further amended by inserting after the word “department,” in the first sentence the following words:- , county sheriff, SECTION 5. Notwithstanding sections 34 to 37A of chapter 40 of the General Laws, or any other general or special law to the contrary, the sheriff of Suffolk county may establish a regional lockup facility within the site of the Suffolk county jail and house of correction, or elsewhere within the county of Suffolk, which shall be used only for the detention of persons arrested upon probable cause or warrant or a person arrested under a civil process. There shall be space made available for interviews and space assigned for use by the clerk/magistrates for bail hearings. The regional lockup facility established under this section shall have the same function and power as a lockup established under section 34 of chapter 40. A city or town of Suffolk county, a state or federal law enforcement agency may, subject to the discretion of the sheriff of Suffolk County, become a member of the county regional lockup system by executing, with the consent of the appropriate governing body, a written agreement with the sheriff of Suffolk County. The agreement shall be filed with the corresponding city and town clerk and the secretary of state and shall set forth the details of the agreement as to the transportation and booking of prisoners. Member police officers who are transporting a prisoner to a regional lockup facility shall, during transport, have the full authority and jurisdiction of a police officer through any city, town, or county. Member city or town police departments do not have to comply with section 36C of chapter 40. The requirements and duties set forth in sections 36A to 36, inclusive, of chapter 40 shall pertain to the regional lockup facility and the sheriff's office, except that all training provided for in section 36C of chapter 40 shall be completed within 1 year of the establishment of the facility. The regional lockup administrator and sheriffs of the Suffolk county regional lockup facility shall have the same authority, jurisdiction and duty to detain, book, hold and transport a pre-arraignment prisoner or any other prisoner to or from the regional lockup as required under chapter 40. SECTION 6. The sheriff of Suffolk County shall be afforded all the protections of section 9 of chapter 258, as though the sheriff held office under the constitution within the meaning of this statute. SECTION 7. This act shall take effect upon passage.

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An Act relative to the assault on and aggravated harassment of sports officials

H1427

HD1290

{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T15:55:41.573'}

[{'Id': 'R_C1', 'Name': 'Rob Consalvo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/R_C1', 'ResponseDate': '2023-01-17T15:55:41.5733333'}, {'Id': 'BJA1', 'Name': 'Bruce J. Ayers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BJA1', 'ResponseDate': '2023-02-28T16:54:43.6566667'}, {'Id': 'MDB0', 'Name': 'Michael D. Brady', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MDB0', 'ResponseDate': '2023-03-13T09:21:45.69'}, {'Id': 'WFT0', 'Name': 'Walter F. Timilty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/WFT0', 'ResponseDate': '2023-04-11T14:39:31.0666667'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-04-11T14:39:18'}, {'Id': 'DMD1', 'Name': 'Daniel M. Donahue', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMD1', 'ResponseDate': '2023-06-21T15:30:26.81'}, {'Id': 'TMS1', 'Name': 'Thomas M. Stanley', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/TMS1', 'ResponseDate': '2023-06-21T15:30:22.74'}, {'Id': 'MJS3', 'Name': 'Michael J. Soter', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJS3', 'ResponseDate': '2023-06-21T15:30:19.4433333'}, {'Id': 'MSV1', 'Name': 'Marcus S. Vaughn', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSV1', 'ResponseDate': '2023-07-25T14:50:21.05'}, {'Id': 'DFD1', 'Name': 'David F. DeCoste', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DFD1', 'ResponseDate': '2023-08-14T12:57:36.9933333'}, {'Id': 'PAH1', 'Name': 'Patricia A. Haddad', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PAH1', 'ResponseDate': '2023-08-14T12:57:28.99'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1427/DocumentHistoryActions

Bill

By Representative Consalvo of Boston, a petition (accompanied by bill, House, No. 1427) of Rob Consalvo, Bruce J. Ayers and Michael D. Brady relative to assault upon and aggravated harassment of sports officials. The Judiciary.

Chapter 265 of the General Laws is hereby amended by inserting after section 43A the following section:- Section 43B. (a) For the purposes of this section, the following words shall, unless the context requires otherwise, have the following meanings:- “Sporting event”, any interscholastic or intramural athletic activity, any organized athletic activity sponsored by a community, business or nonprofit organization, any athletic activity that is a professional or semiprofessional event and any other organized athletic activity enforced by a sports official. A “sporting event” shall also include pre-sporting event and post-sporting event activities and surrounding parking areas. “Sports official”, any individual who enforces the rules of a sporting event including, but not limited to, a referee, umpire, linesman or someone who serves in a similar capacity but may be known by a different title or name and is duly registered by, or a member of, a local, state, regional or national organization engaged in part in providing education and training to sports officials. (b) Whoever commits an assault or an assault and battery upon a sports official at a sporting event shall be punished by imprisonment in the state prison for not more than 5 years, or by imprisonment in a house of correction for not more than 2 ½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment. (c) Whoever willfully and maliciously engages in a knowing pattern of conduct or series of acts at a sporting event directed at a sports official, which seriously alarms that sports official and would cause a reasonable person to suffer substantial emotional distress, shall be guilty of the crime of criminal harassment of a sports official and shall be punished by imprisonment in the state prison for not more than 5 years, or by imprisonment in a house of correction for not more than 2½ years, or by a fine of not more than $5,000, or by both such fine and imprisonment.

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An Act relative to personal information

H1428

HD265

{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-11T14:23:26.353'}

[{'Id': 'E_C1', 'Name': 'Edward F. Coppinger', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_C1', 'ResponseDate': '2023-01-11T14:23:26.3533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1428/DocumentHistoryActions

Bill

By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 1428) of Edward F. Coppinger relative to releasing personal information of police officers. The Judiciary.

SECTION 1. Chapter 41 of the General Laws, as so appearing in the 2014 Official Edition, is hereby amended by adding the following new section:- Section 98H. No person, business, or association shall publicly post or publicly display on the internet or make publicly available in any manner the personal information of any police officer, said police officer’s residing spouse or said police officer’s child without the consent of said police officer. Personal information shall mean a home address, home telephone number, personal mobile telephone number, pager number, personal email address, personal photographs, or information on the personal vehicle registered to said individual. A violation of this section shall be punishable by a fine of not more than five thousand dollars or by imprisonment in a house of corrections for not more than two and one-half years, or by both such fine and imprisonment.

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An Act relative to penalties for unlicensed work

H1429

HD1430

{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:46:25.453'}

[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:46:25.4533333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1429/DocumentHistoryActions

Bill

By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1429) of Mark J. Cusack for legislation to increase the penalties for continuing to practice a trade or profession after a certificate, registration, license or authority to do so has been suspended, revoked or cancelled. The Judiciary.

SECTION 1. Subsection (a) of section 65 of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “$2,500” in line 5 and inserting in place thereof, the following word:- $10,000 SECTION 2. Subsection (b) of section 65 of chapter 112, as so appearing, is hereby amended by striking out the word “$1,000” in line 13 and inserting in place thereof, the following word:- $5,000 SECTION 3. Subsection (b) of section 65 of chapter 112, as so appearing, is hereby amended by striking out the word “$2,500” in line 14 and inserting in place thereof, the following word:- $10,000 SECTION 4. Section 65A of chapter 112 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking out the word “$1,000” in line 7 and inserting in place thereof, the following word:- $5,000 SECTION 5. Section 65A of chapter 112 of the General Laws, as so appearing, is hereby amended by striking out the word “$2,500” in line 8 and inserting in place thereof, the following word:- $10,000 SECTION 6. Section 5 of chapter 141 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the first sentence and inserting in place thereof, the following sentence:- Any person, firm or corporation, or employee thereof, and any representative, member or officer of such firm or corporation individually, entering upon or engaging in the business and work hereinbefore defined, without having complied with this chapter, shall for the first offence be punished by a fine not to exceed $5,000, and for a subsequent offence by a fine not to exceed $10,000 or by imprisonment in the house of correction for six months, or both. SECTION 7. Section 3L of chapter 143 of the General Laws, as so appearing in the 2020 Official Edition, is hereby amended by striking the words “five hundred” in line 31 and inserting in place thereof, the following words:- "ten thousand"

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An Act to promote employment for people with disabilities

H143

HD3878

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:05:12.957'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:05:12.9566667'}, {'Id': 'CAF1', 'Name': 'Carole A. Fiola', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAF1', 'ResponseDate': '2023-10-06T15:18:34.6866667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H143/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 143) of Michael S. Day for legislation to promote employment for people with disabilities. Children, Families and Persons with Disabilities.

SECTION 1. Short Title. Sections I through 7 of this act may be cited as the "State Use Act to Promote Employment for People with Disabilities". SECTION 2. Purpose. The purpose of the State Use Act is to encourage and assist persons with disabilities to achieve maximum personal independence through useful and productive employment by ensuring an expanded and constant market for services delivered by persons with disabilities, thereby enhancing their dignity and capacity for self-support and minimizing their dependence on welfare and entitlements. SECTION 3. Definitions. A. "central nonprofit agency" means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders for the services of: (1) qualified individuals; and (2) community rehabilitation programs; B. "community rehabilitation program" means a nonprofit entity: (1) that is organized under the laws of the United States or this state, operated in the interest of persons with disabilities and operated so that no part of the income of which inures to the benefit of any shareholder or other person; (2) that complies with applicable occupational health and safety standards as required by federal or state law; and (3) that, in the provision of services, whether or not procured under the State Use Act, employs during the state fiscal year at least 75% persons with disabilities in direct labor for the provision of services; C. "council” means the Commonwealth of Massachusetts council for purchasing from persons with disabilities; D. "direct labor" means all work directly relating to the provision of services, but not work required for or relating to supervision, administration or inspection; E. "local public body" means a political subdivision of the state and the political subdivision's agencies, instrumentalities and institutions; F. "persons with disabilities" means persons who have a mental or physical impairment that constitutes or results in a substantial impediment to employment as deemed by the federal Rehabilitation Act of 1973; G. "qualified individual" means a person with a disability who is a business owner, or a business that is primarily owned and operated by persons with disabilities that employs at least 75% persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. A person who is receiving services pursuant to an individualized plan of employment from the vocational rehabilitation division of the public education department or from the commission for the blind shall be presumed to be a person with disability, as shall a person who is receiving supplemental security income or social security benefits based on disability; H. "state agency" means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of government of this state; and I. "state purchasing agent" means the director of the purchasing division of the general services department. SECTION 4. Council for purchasing from persons with disabilities; appointment; organization. A. The "Commonwealth of Massachusetts council for purchasing from persons with disabilities" is created. The council shall be composed of the following nine members: (1) the state purchasing agent or the agent's designee; (2) two persons, appointed by the governor, who represent state agencies that purchase significant amounts of goods and services from the private sector, or their designees; (3) a person, appointed by the governor, who is a state-employed vocational rehabilitation counselor and who is familiar with employment needs of persons with disabilities and with current pricing and marketing of goodsanp services; and (4) two persons with disabilities, a person who is familiar with employment needs of persons with disabilities and with current pricing and marketing of goods and services and two persons who represent community rehabilitation programs that provide employment services to persons with disabilities, all selected by mutual agreement of the persons appointed in Paragraphs (I), (2) and (3) of this subsection. B. Council members shall be appointed for three-year terms. Vacancies shall be filled in the same manner as for original appointments. A member appointed to fill a vacancy shall serve for the remainder of the term for that vacancy. Council members shall continue to serve beyond the expiration of their terms until new members are appointed. C. The council shall elect a chair from among its members. Seven members of the council shall constitute a quorum in order to conduct the council's business. D. Except for the regular pay of public employee members, council members shall serve without compensation or cost reimbursement. SECTION 5. Authority and duties of the council; rules. A. The council shall adopt rules in accordance with the procedures that: (1) determine which services provided by persons with disabilities are suitable for sale to state agencies and local public bodies; (2) establish, maintain and publish a list of all the services identified in Paragraph (1) of this subsection. The council shall periodically review and revise this list as products or services are added or removed. The council shall make the list available to all purchasing officials of state agencies and local public bodies; (3) verify the fair market prices of the services identified in Paragraph (1) of this subsection and periodically revise the fair market prices in accordance with changing market conditions to ensure that services offer the best value for state agencies and local public bodies. In verifying the fair market value of services, the council shall consider amounts being paid for similar services purchased by the federal government, the state and local public bodies and by private businesses, and the actual cost of performing the services at a community rehabilitation program, taking into consideration the benefits associated with employing persons with disabilities; (4) establish a procedure to certify eligible community rehabilitation programs and qualified individuals that have services suitable for procurement by state agencies and local public bodies that will be placed on the list established in Paragraph (2) of this subsection; (5) establish a procedure for approval of a central nonprofit agency that shall hold contracts, facilitate the equitable distribution of orders for services to be procured by state agencies and local public bodies and market approved services to state agencies and local public bodies; (6) establish procedures for the operation of the approved central nonprofit agency, including a fee structure for its services; (7) address any other matter necessary to the proper administration of the State Use Act; and (8) ensure that the work provides opportunities for integration with nondisabled persons, fair pay and adds value to the service provided. B. The council shall, not later than one hundred eighty days following the close of each fiscal year, submit to the governor, the legislature and each community rehabilitation program a report that includes the names of the council members serving during the preceding fiscal year, the dates of council meetings during that year and any recommendations for changes to the State Use Act. SECTION 6. Procurement by state agencies and local public bodies; cooperative agreements. A. A state agency or local public body intending to procure a service on a list published by the council shall, in accordance with rules of the council, procure the service at the price established by the council if the service is available within the period required by the state agency or local public body. Procurement pursuant to the State Use Act is exempt from the provisions of the Procurement Code. B. The council and a state agency or local public body may enter into a cooperative agreement for effective coordination of the objectives of the State Use Act and any other law requiring procurement of services from a state agency or local public body. SECTION 7. Supplies manufactured and services performed by persons with disabilities. A. Contracts for supplies manufactured by and services performed by persons with disabilities shall be entered into in accordance with this section without the requirement for competitive bidding. Persons with disabilities must make an appreciable contribution in manufacturing an item or performing a service. B. When the Commonwealth enters into a contract under this section with a cost exceeding $300,000 per year, the department, in cooperation with the purchasing agency, shall conduct an annual review to confirm compliance with the contract and the requirements of this section. The annual review shall include, but not be limited to, an assessment of all requirements related to appreciable contribution. If the department, in cooperation with the purchasing agency, determines that persons with disabilities are not making an appreciable contribution in the manufacturing of an item or the performance of a service or an agency for persons with disabilities is not in compliance with other requirements of this section, the department shall give an agency for persons with disabilities 45 days in which to remedy the deficiency. If the agency for persons with disabilities fails to remedy the deficiency within 45 days, the agency for persons with disabilities shall be deemed to be in noncompliance with the contract, and the purchasing agency may terminate the contract and seek to procure the item or service through a competitive bidding process. Nothing in this section shall preclude a purchasing agency from procuring an item or service through an emergency contract when an agency for persons with disabilities is deemed to be in noncompliance.

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An Act relative to the examination of evidence rooms and evidentiary procedures

H1430

HD1438

{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:49:48.907'}

[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-18T13:49:48.9066667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1430/DocumentHistoryActions

Bill

By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1430) of Mark J. Cusack relative to the examination of evidence rooms and evidentiary procedures. The Judiciary.

SECTION 1. Chapter 276 of the General Law, as appearing in the 2020 Official Edition, is hereby amended by adding the following section:- Section 104. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: “Auditing entity”, a person, or an employee or department of the commonwealth, who is experienced and trained in evidence collection, storage and auditing, who is deemed qualified by the secretary to perform audits of a department’s evidence, property, and evidence and property room. “Chief executive officer”, the chief executive officer or person in charge of each department. “Department”, the Massachusetts state police, the Massachusetts Bay Transportation Authority police force, any police department in the commonwealth or any of its political subdivisions; any law enforcement council, as defined in section 4J of chapter 40, created by contract between or among cities and towns, pursuant to section 4A of said chapter 40; the environmental police appointed pursuant to chapter 21A; and any entity employing 1 or more special state police officers appointed pursuant to section 63 of chapter 22C. “District attorney”, the district attorney or designee who has jurisdiction for prosecutions where a department is located. “Evidence”, all items seized as a result of a police investigation that are physical, biological, digital or any other materials that have been collected for their potential evidentiary value during the investigation of a crime. “Evidence and property custodian”, a person appointed by the chief executive officer or designee for the custody and operations of the department’s evidence and property room. “Evidence and property room”, any area, including but not limited to, any room, vault, locker, or other repository, located within the legal control and jurisdiction of a department that contains any evidence or any property. “Full audit”, a full review of all items of evidence and property from the particular evidence and property room log book, whether in electronic format or hard copy, to ensure that all evidence or property is located in the appropriate storage location in the particular evidence and property room of each department. If evidence or property is stored off-site, the individual conducting the full audit shall contact the particular off-site location and ensure, in writing, that any item of evidence or property is at that particular location. “Inspection”, a review of the evidence and property room and evidence and property handling procedures including, but not limited to: (1) ensuring department adherence to all security controls and evidence handling procedures; (2) verifying that the limited access control system to the evidence and property room functions properly; (3) ensuring the existence and accuracy of a list of department personnel authorized to access the evidence and property room or handle evidence or property; (4) ensuring general cleanliness of the evidence and property room; (5) ensuring manageable inventory levels within the evidence and property room; (6) ensuring evidence and property custodians have acceptable levels of aptitude and training; (7) inspecting all internal evidence and property room cameras, when applicable; and (8) ensuring the evidence and property room logs are operational and current. “Municipal executive officer”, the manager in a city or town with a manager form of government; in other cities, the mayor; and in other towns, the board of selectmen. “Property”, all items, other than evidence, in the custody of a department that are being stored because they were: (i) lost; (ii) abandoned; (iii) taken from a person under arrest by an employee of the department in their normal course of employment; or (iv) seized by the department for their connection to a potential crime. "Purge”, the disposal, destruction or release of evidence or property at a singular time by a department. "Random-sampling audit", a review and analysis of randomly selected items of evidence or property from the particular evidence and property room log book, whether in electronic format or hard copy, to ensure that the selected evidence or property is located in the appropriate storage location in the particular evidence and property room of each department. If evidence or property is stored off-site, the individual conducting the random-sampling audit shall contact the particular off-site location and ensure, in writing, that any randomly selected item of evidence or property is at that particular location. A random-sampling audit shall review the lesser of 10 percent of the department’s total number of items of evidence or property or 50 items of evidence or property, provided, however, that any department with fewer than 100 items of evidence or property shall review at least 10 items and any department with fewer than 10 items of evidence or property shall review all items. "Secretary”, secretary of the executive office of public safety and security. (b) A random-sampling audit shall be conducted no less than annually at the direction of the chief executive officer. The random-sampling audit shall be conducted by a department employee, provided that, the employee shall: (1) not be the evidence and property custodian; (2) not have specific oversight or responsibilities for the evidence or property being audited or the evidence and property room in which the items are stored; and (3) not have conducted the required semi-annual inspections in paragraph (c). If a department has an internal affairs division, a member of the internal affairs division shall perform the random-sampling audit. A written report of the random-sampling audit shall be submitted to the chief executive officer and the municipal executive officer within 30 days of completion. (c) A semi-annual inspection of the evidence and property room shall be conducted by the designated supervisor or the unit commander of the evidence and property room. A written report of an inspection shall be submitted to the chief executive officer and the municipal executive officer within 30 days of completion. (d) All written reports required by subsections (b) and (c) of this section shall be submitted to the secretary not later than January 30 of each year. A department which fails to submit all reports to the secretary on or before January 30 of each year, shall be issued a written warning by the secretary, provided, however that the department shall be allowed an additional 60 days to submit the reports. After 60 days, if the department fails to file the reports or refuses to comply, the department shall undergo a full audit of all the evidence and property stored and in the possession of the department as well as all evidence and property rooms under the legal control and jurisdiction of the department. The full audit shall be completed by a neutral auditing entity not affiliated with the department chosen by the chief executive officer from a list of qualified auditing entities provided by the secretary. The cost of the full audit shall be borne by the department. The chief executive officer and department shall have 30 days from the secretary’s notice to select an auditing entity from the list provided. A written report of the full audit shall be submitted to the secretary, the chief executive officer and the municipal executive officer within 30 days of completion. (e) Once every 5 years a full audit of the evidence and property held by a department shall be completed by an employee of the department at the direction of the chief executive officer; provided, however the employee shall: (1) not be the evidence and property custodian; and (2) not have specific oversight or responsibilities for the evidence or property being audited or the evidence and property room in which these items are being stored. A written report of the full audit shall be submitted to the secretary, the chief executive officer and the municipal executive officer within 30 days of completion. If a department fails to conduct the required full audit or submit the full audit report in accordance with this subsection, the department shall undergo a full audit of all the evidence and property stored and in the possession of the department as well as all evidence and property rooms under the legal control and jurisdiction of the department. The full audit shall be completed by a neutral auditing entity not affiliated with the department chosen by the chief executive officer from a list of qualified auditing entities provided by the secretary. The cost of the full audit shall be borne by the department. The chief executive officer and department shall have 30 days from the secretary’s notice to select an auditing entity from the list provided. A written report of the full audit shall be submitted to the secretary, the chief executive officer and the municipal executive officer within 30 days of completion. Upon the transfer, resignation or replacement of the chief executive officer, the chief executive officer currently in charge shall order a full audit of the evidence and property held by a department. This full audit shall reset the 5 year timeline of the mandatory full audit and the 5 year timeline shall begin after the completion of the full audit conducted pursuant to this paragraph. (f) All moneys seized by a department as evidence or within the course of an investigation, shall be deposited into an interest bearing account held by the department, except if the moneys physically hold evidentiary value as determined by the department or the district attorney. The moneys shall be kept in the account until otherwise instructed by the court. All moneys deposited shall be recorded, including but not limited to, the time, date, account number, denomination of the moneys, person depositing the moneys, institution where the account is held, case number associated with the moneys and origin of the moneys. A written report of all moneys held by the department shall be submitted annually to the secretary, the chief executive officer, the municipal executive officer and the district attorney on or before January 30 of each year. (g) (1) Any evidence or property that is disposed of, returned, auctioned or no longer in custody of the department shall be recorded. The records shall be made available to any governmental entity that needs to view the records for legal, official or other public safety or health reasons. A department which completes a purge of the evidence or property under the department’s control shall keep records, including, but not limited to: time, date, type of evidence, method of disposal, case number, description, name of employee and reason for disposal. Upon completion of a purge, all records shall be delivered to the secretary, the chief executive officer, the municipal executive officer and the district attorney. (2) A department may dispose of items held as evidence by destruction, return to owner, sale at auction or other lawful disposition pursuant to a court order or after certifying to the district attorney that the disposition is in compliance with section 47A of chapter 94C, section 3 of chapter 276, or chapter 278A. Records of the disposal of controlled substances pursuant to section 47A of chapter 94C shall be kept by the department. All records shall be submitted annually to the chief executive officer, the secretary, the municipal executive office and the district attorney on or before January 30. SECTION 2. The department of environmental protection shall conduct a study and investigation of the licensing of incinerators in the commonwealth. The study shall investigate at a minimum: (i) the possibility of mandating the disposal of controlled substances as criteria to obtaining a license , (ii) methods to improve the disposal of controlled substances through safe and legal means within the commonwealth to prevent the theft and over stock of controlled substances, and (iii) potential mandates for departments directed towards frequency and usage of incinerators for purposes of the disposal of controlled substances. The department shall submit a report of its findings to the joint committee on environment, natural resources and agriculture, the joint committee on consumer protection and licensure, the joint committee on the judiciary, and the joint committee on public safety and homeland security on or before July 1, 2023. SECTION 3. A department within the commonwealth, as defined by subsection (a) of section 104 of chapter 276, shall complete a full audit pursuant to subsection (e) of section 104 of chapter 276 of the General Laws within 1 year of the effective date of this act.

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An Act relative to strengthen the Commonwealth's Anti-SLAPP law

H1431

HD1458

{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-12T15:21:40.12'}

[{'Id': 'MJC1', 'Name': 'Mark J. Cusack', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MJC1', 'ResponseDate': '2023-01-12T15:21:40.12'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1431/DocumentHistoryActions

Bill

By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 1431) of Mark J. Cusack for legislation to ensure full participation by citizens and organizations in discussions of issues regarding the right to the freedom of petition, the freedom of speech, the freedom of expression or any matter of public concern. The Judiciary.

SECTION 1. Section 59H of Chapter 231 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by striking the section in its entirety and inserting in place there of the following new section:- Section 59H. Strategic Litigation Against Public Participation; Special Motion to Dismiss The purpose of this statute is to ensure full participation by citizens and organizations in the robust discussion of issues in furtherance of the right to the freedom of petition, the freedom of speech, the freedom of expression or in connection with any matter of public concern. Because there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of constitutional rights of freedom of speech, this statute recognizes that such litigation is disfavored and should be resolved quickly with minimum cost to those exercising their First Amendment rights. In furtherance of this purpose, in any case in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based, either in whole or in part, on said party’s exercise of its right to freedom of expression, freedom of speech or freedom of petition under the Constitution of the United States or of the Commonwealth, said party may bring a special motion to dismiss. (a) The court shall advance any such special motion so that it may be heard and determined as expeditiously as possible. For those claims or allegations that are based on protected speech activity, the court shall grant such special motion, unless the party against whom such special motion is made shows that: i. the moving party’s exercise of its right to the freedom of petition, the freedom of speech, the freedom of expression or in connection with any matter of public concern, either acting solely or in concert with other citizens, was devoid of any reasonable factual support or any arguable basis in law; and ii. the moving party’s acts caused actual injury to the responding party. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. (b) The attorney general, on his behalf or on behalf of any government agency or subdivision to which the moving party’s acts were directed, may intervene to defend or otherwise support the moving party on such special motion. (c) All discovery proceedings shall be stayed upon the filing of the special motion to dismiss under this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that limited, specified discovery on the motion may be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion. (d) Said special motion to dismiss may be filed within sixty days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. (e) If the court grants such special motion to dismiss, the court shall award the moving party all costs and reasonable attorneys’ fees, including those incurred for the special motion and any related discovery matters. Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law. (f) As used in this section, the phrase “freedom of petition, the freedom of speech, the freedom of expression” shall be defined as those rights are defined under the U.S. Constitution or the Massachusetts Constitution. (g) As used in this section, the term “any matter of public concern” shall be defined as inclusive of any written or verbal statement that is recorded, displayed or distributed in-person or via any form of media, concerning any topic or subject related to a good, product, or service in the marketplace or otherwise offered to the public

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An Act relative to escheat

H1432

HD75

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:13:19.463'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:13:19.4633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1432/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1432) of Josh S. Cutler relative to deposits of property with persons having residences or places of business in the Commonwealth. The Judiciary.

Section 3 of Chapter 200A of the General Laws, as so appearing, is hereby stricken and replaced by the following :- Section 3. Any deposit of property with a person having a residence or place of business in the commonwealth, or authorized to do business therein, together with the increments thereon, shall be presumed abandoned unless the owner has, within three years next preceding the date as of which reports are required by section seven:— (1) Communicated in writing with the person concerning the deposit; or (2) Been credited with interest on a passbook or certificate of deposit at his request; or (3) Had any transfer, disposition of interest or other transaction noted of record in the books or records of the person; or (4) Increased or decreased the amount of deposit; or (5) Electronically logged in or accessed a password protected account; or (6) Owned other property for which clause (1), (2), (3), (4), or (5) is applicable; or (7) Had another relationship with the holder concerning which the owner has: (i) communicated in writing with the holder, or (ii) otherwise indicated an interest as evidenced by a memorandum on file prepared by an employee of the holder; provided, however, that if the holder communicates in writing with the owner with regard to the property that would otherwise be presumed abandoned under this section at the address at which communications regarding the other relationship regularly are received.

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An Act relative to the free flow of information

H1433

HD135

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:13:51.7'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-06T13:13:51.7'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:29:58.85'}, {'Id': 'PMO', 'Name': "Patrick M. O'Connor", 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/PMO', 'ResponseDate': '2023-02-07T15:33:24.55'}, {'Id': 'D_R1', 'Name': 'David Allen Robertson', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/D_R1', 'ResponseDate': '2023-02-06T11:27:48.7033333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1433/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1433) of Josh S. Cutler and others relative to the protection for certain persons from compelled disclosure of information. The Judiciary.

SECTION 1. This act may be cited as the "Free Flow of Information Act." SECTION 2. Chapter 233 of the General Laws , as appearing in the 2012 Official Edition, is hereby amended by adding the following section:- Section 84. (a) For the purposes of this section, the following terms shall have the following meanings:- "Covered person", any person who is or has been an employee, agent, or independent contractor of any news media as defined here, and who, for gain, is or has been regularly engaged in bona fide news gathering for such entity, and who obtained or prepared the news or information that is sought while serving in that capacity. "News or information", written oral, pictorial, photographic or electronically recorded information or communication concerning local, national, or worldwide events, or other matters of public concern or public interest. "News media", any newspaper, magazine or other periodical, book publisher, news agency, wire service, press association, radio or television station or network, cable or satellite station or network, or audio or audiovisual production company, college and university affiliated and sanctioned student press, or any entity that is in the regular business of gathering and disseminating news or information to the public by any means, including, but not limited to, print, broadcast, photographic, mechanical, internet, or electronic distribution. (b) (1) Except as provided in subsection (c), no entity of the judicial, legislative or executive branch of the commonwealth with the power to issue a subpoena or provide other compulsory process shall compel any covered person, who is providing or has provided services for the news media to disclose: (i) the source of any news or information procured by such covered person, or any information that would tend to identify such source, while providing services for the news media, whether or not such source has been promised confidentially: or (ii) any news or information procured by the covered person, while providing services for the news media, that is not itself communicated in the news media, including any: notes; outtakes; photographs or photographic negatives; video or sound tapes; film or; other data, irrespective of its nature, that is not itself communicated in the news media. (2) The protection from compelled disclosure described in subparagraph (1) shall apply to a supervisor or employer, including a subsidiary, parent or affiliate company of employer, or any person assisting a covered person to whom said sub paragraph (1) applies. (3) Any news or information obtained in violation of this section shall be inadmissible in any action, proceeding or hearing before any entity of the judicial legislative or executive branch of the commonwealth. (c) A state entity may not compel a covered person to testify or produce any document in any proceeding or in connection with any issue arising under state law unless: (i) disclosure of the identity of a source is critical and necessary to prevent imminent harm to public safety; (ii) compelled disclosure of the identity of a source would prevent such harm; and (iii) the harm sought to be redressed by requiring disclosure outweighs the public interest in protecting the free flow of information. (d)(1) A court may compel disclosure of news or information described in clause (ii) of paragraph (1) of subsection (b) and protected from disclosure under said subsection (b) if the court finds, after providing notice and an opportunity to be heard to the person or entity from whom the news or information is sought, that the party seeking the news or information has established by clear and convincing evidence that: (i) the news or information is critical and necessary to the resolution of a significant legal issue before an entity of the judicial, legislative or executive branch of the commonwealth that has the power to issue a subpoena; (ii) the news or information could not reasonably be obtained by alternative means; (iii) there is an overriding public interest in the disclosure; and (iv) the party has attempted prior negotiations with the covered person or news media. (2) A court may not compel disclosure of the source of any news or information described in clause (i) of paragraph (1) of subsection (b) and protected from disclosure under said subsection (b). (e) The publication by the news media or the dissemination by a covered person while providing services for the news media of a source of news or information, or a portion of the news or information, procured in the course of pursuing professional activities shall not constitute a waiver of the protection from compelled disclosure that is described in subsection (b).

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An Act reducing barriers to employment through credit discrimination

H1434

HD340

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http://malegislature.gov/api/GeneralCourts/193/Documents/H1434/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1434) of Josh S. Cutler and others for legislation to prohibit the use of consumer reports for employment purposes and to reduce barriers to employment through credit discrimination. The Judiciary.

SECTION 1. Section 51 of Chapter 93 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after the word “purposes”, in line 12, the following words:- under section 51C. SECTION 2. Said Chapter 93 is hereby further amended by inserting after Section 51B the following section:- Section 51C. (a) For the purposes of this section, the following terms shall have the following meanings unless the context clearly indicates otherwise: “Consumer report”, shall have the same meaning as in section 50 of this chapter. “Employment purposes”, shall have the same meaning as in section 50 of this chapter. (b) A person or entity shall not: (i) use a consumer report in connection with or as a criterion for an employment purpose; (ii) request or procure a consumer report for employment purposes; or (iii) require an employee or applicant to answer a question about the contents of a consumer report or the information contained in it regarding credit worthiness, credit standing or credit capacity. Nothing in this section shall prohibit the use of matters of public record by a person or entity for employment purposes, including, but not limited to, matters under 12 U.S.C. 1785(d), unless otherwise prohibited by law. (c) Notwithstanding subsection (b), a person or entity may use or request a consumer report for employment purposes if 1 of the following conditions are met: (i) a person is required by federal or state law or regulation or the rules of a self-regulatory organization, as defined in 15 U.S.C. 78c(a)(26), to use a consumer report for employment purposes; or (ii) the employee or applicant applies for or holds a position that requires national security clearance. (d) An employer or person acting on behalf of the employer shall not retaliate, discriminate or take an adverse action against an employee or applicant on the basis that the employee or applicant has or intends to: (i) file a complaint pursuant to section 68 of this chapter; (ii) allege that the person violated this section; (iii) testify, assist, give evidence or participate in an investigation, proceeding or action concerning a violation of this section; or (iv) otherwise oppose a violation of this section. (e) Notwithstanding subsection (c), a waiver of this section shall be void and a person or entity shall not require or request that an employee or applicant waive it. SECTION 3. This act shall take effect on January 1, 2025.

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An Act relative to cash payments

H1435

HD2954

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T19:22:06.977'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-19T19:22:06.9766667'}, {'Id': 'CMG1', 'Name': 'Colleen M. Garry', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CMG1', 'ResponseDate': '2023-02-16T12:59:32.53'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-02-27T10:27:51.7166667'}, {'Id': 'L_S1', 'Name': 'Lindsay N. Sabadosa', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/L_S1', 'ResponseDate': '2023-01-25T20:13:58.0266667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1435/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1435) of Josh S. Cutler and others relative to discrimination against buyers using cash payments. The Judiciary.

Section 10A of chapter 255D of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the word “buyer”, in line 5, the following words:- , unless a device to convert cash into a prepaid card with no fee is readily accessible at the establishment

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[{'Action': 'Discharge to Another Committee', 'FiscalAmounts': [], 'Committee': {'CommitteeCode': 'J19', 'GeneralCourtNumber': 193, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/Committees/J19'}, 'Votes': []}]

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An Act relative to total return unitrusts

H1436

HD3535

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T13:12:25.343'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T13:12:25.3433333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1436/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1436) of Josh S. Cutler relative to total return unitrusts. The Judiciary.

SECTION 1. Chapter 203 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting after section 25A the following section: SECTION 25B. Total Return Unitrusts. (a) For purposes of this section, the following words shall have the following meanings: “Disinterested person” means a person who is not a “related or subordinate party” (as defined in § 672(c) of the Internal Revenue Code [26 U.S.C. §1, et seq.] or any successor provision thereof (hereinafter referred to in this section as the “I.R.C.”)) with respect to the person then acting as trustee of the trust and excludes the trustor of the trust and any interested trustee. “Income trust” means a trust, created by either an inter vivos or a testamentary instrument, which directs or permits the trustee to distribute the net income of the trust to 1 or more persons, either in fixed proportions or in amounts or proportions determined by the trustee. Notwithstanding the foregoing, no trust that otherwise is an “income trust” shall qualify hereunder if it may be subject to taxation under I.R.C. § 2001 or §2501 [26 U.S.C. § 2001 or § 2501] until the expiration of the period for filing the return therefor (including extensions). “Interested distributee” means a person to whom distributions of income or principal can currently be made who has the power to remove the existing trustee and designate as successor a person who may be a “related or subordinate party” (as defined in I.R.C. § 672(c) [26 U.S.C. § 672(c)]) with respect to such distributee. “Interested trustee” means : a. An individual trustee to whom the net income or principal of the trust can currently be distributed or would be distributed if the trust were then to terminate and be distributed, b. Any trustee who may be removed and replaced by an interested distributee and/or c. An individual trustee whose legal obligation to support a beneficiary may be satisfied by distributions of income and principal of the trust. “Total return unitrust” means an income trust which has been converted under and meets the provisions of this section. “Trustee” means all persons acting as trustee of the trust (except where expressly noted otherwise), whether acting in their discretion or on the direction of 1 or more persons acting in a fiduciary capacity. “Trustor” means an individual who created an inter vivos or a testamentary trust. “Unitrust amount” means an amount computed as a percentage of the fair market value of the trust. (b) A trustee of an income trust, other than an interested trustee, or where 2 or more persons are acting as trustee, a majority of the trustees who are not an interested trustee (in either case hereafter “trustee”), may, in its sole discretion and without the approval of the court having jurisdiction of the income trust: (1) Convert an income trust to a total return unitrust; (2) Reconvert a total return unitrust to an income trust; or (3) Change the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust if: (A) The trustee adopts a written policy for the trust providing: (i) In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income; (ii) In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts; or (iii) That the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust will be changed as stated in the policy; (B) The trustee sends written notice of its intention to take such action, along with copies of such written policy and this section, to: (i) The trustor of the trust, if living; (ii) All living persons who are currently receiving or eligible to receive distributions of income of the trust or unitrust amounts; (iii) All living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice (without regard to the exercise of any power of appointment) or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in paragraph 2 of this subparagraph b were deceased; and (iv) All persons acting as adviser or protector of the trust; (C) At least one person receiving notice under clauses (i) and (ii) of subdivision (1) above is legally competent; and (D) No person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action of the trustee within 60 days of receipt of such notice. (c) If there is no trustee of the trust other than an interested trustee, the interested trustee or, where two or more persons are acting as trustee and are interested trustees, a majority of such interested trustees may, in its sole discretion and without the approval of the court having jurisdiction of the trust: (1) Convert an income trust to a total return unitrust; (2) Reconvert a total return unitrust to an income trust; or (3) Change the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust if: (A) the trustee adopts a written policy for the trust providing: (i) In the case of a trust being administered as an income trust, that future distributions from the trust will be unitrust amounts rather than net income; (ii) In the case of a trust being administered as a total return unitrust, that future distributions from the trust will be net income rather than unitrust amounts; or (iii) That the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust will be changed as stated in the policy; (B) the trustee appoints a disinterested person who, in its sole discretion but acting in a fiduciary capacity, determines for the trustee: (i) the percentage to be used to calculate the unitrust amount; (ii) the method to be used in determining the fair market value of the trust; and (iii) which assets, if any, are to be excluded in determining the unitrust amount; (C) the trustee sends written notice of its intention to take such action, along with copies of such written policy and this section, and the determinations of the disinterested person to: (i) the trustor of the trust, if living; (ii) all living persons who are currently receiving or eligible to receive distributions of income of the trust or unitrust amounts; (iii) all living persons who would receive principal of the trust if the trust were to terminate at the time of the giving of such notice (without regard to the exercise of any power of appointment) or, if the trust does not provide for its termination, all living persons who would receive or be eligible to receive distributions of income or principal of the trust if the persons identified in clause (ii) of subparagraph C were deceased; and (iv) all persons acting as adviser or protector of the trust; (D) at least one person receiving notice under clauses (ii) and (iii) of subparagraph (C) of this subsection is legally competent; and (E) no person receiving such notice objects, by written instrument delivered to the trustee, to the proposed action of the trustee or the determinations of the disinterested person within sixty (60) days of receipt of such notice. (d) If any trustee desires to (i) convert an income trust to a total return unitrust, (ii) reconvert a total return unitrust to an income trust, or (iii) change the percentage used to calculate the unitrust amount and/or the method used to determine the fair market value of the trust but does not have the ability to or elects not to do it under the provisions of subsection (b) or (c) above, the trustee may petition the court having jurisdiction of the trust for such order as the trustee deems appropriate. In the event, however, there is only one trustee of such trust and such trustee is an interested trustee or in the event there are two or more trustees of such trust and a majority of them are interested trustees, the Court, in its own discretion or on the petition of such trustee or trustees or any person interested in the trust, may appoint a disinterested person who, acting in a fiduciary capacity, shall present such information to the court as shall be necessary to enable the court to make its determinations under this section. (e) The fair market value of the trust shall be determined at least annually, using such valuation date or dates or averages of valuation dates as are deemed appropriate. Assets for which a fair market value cannot be readily ascertained shall be valued using such valuation methods as are deemed reasonable and appropriate. Such assets may be excluded from valuation, provided all income received with respect to such assets is distributed to the extent distributable in accordance with the terms of the governing instrument. (f) The percentage to be used in determining the unitrust amount shall be a reasonable current return from the trust, in any event not less than three percent nor more than five percent, taking into account the intentions of the trustor of the trust as expressed in the governing instrument, the needs of the beneficiaries, general economic conditions, projected current earnings and appreciation for the trust, and projected inflation and its impact on the trust. (g) The unitrust amount shall not be less than the net income of the trust, determined without regard to the provisions of subsection (h), for (i) a trust for which a marital deduction has been taken for federal tax purposes under I.R.C. § 2056 or § 2523 [26 U.S.C. § 2056 or § 2523] (during the lifetime of the spouse for whom the trust was created), or (ii) a trust to which the generation-skipping transfer tax due under I.R.C. § 2601 [26 U.S.C. § 2601] does not apply by reason of any effective date or transition rule. (h) Following the conversion of an income trust to a total return unitrust, the trustee: (1) shall treat the unitrust amount as if it were net income of the trust for purposes of determining the amount available, from time to time, for distribution from the trust; and (2) may allocate to trust income for each taxable year of the trust (or portion thereof): (A) net short-term capital gain described in I.R.C. § 1222(5) [26 U.S.C. § 1222(5)] for such year (or portion thereof) but only to the extent that the amount so allocated together with all other amounts allocated to trust income for such year (or portion thereof) does not exceed the unitrust amount for such year (or portion thereof); and (B) net long-term capital gain described in I.R.C. § 1222(7) [26 U.S.C. § 1222(7)] for such year (or portion thereof) but only to the extent that the amount so allocated together with all other amounts, including amounts described in paragraph a. of this subdivision, allocated to trust income for such year (or portion thereof) does not exceed the unitrust amount for such year (or portion thereof). (i) In administering a total return unitrust, the trustee may, in its sole discretion but subject to the provisions of the governing instrument, determine: (1) the effective date of the conversion; (2) the timing of distributions (including provisions for prorating a distribution for a short year in which a beneficiary’s right to payments commences or ceases); (3) whether distributions are to be made in cash or in kind or partly in cash and partly in kind; (4) if the trust is reconverted to an income trust, the effective date of such reconversion; and (5) such other administrative issues as may be necessary or appropriate to carry out the purposes of this section. (j) Conversion to a total return unitrust under the provisions of this section shall not affect any other provision of the governing instrument, if any, regarding distributions of principal. (k) In the case of a trust for which a marital deduction has been taken for federal tax purposes under I.R.C. § 2056 or § 2523 [26 U.S.C. § 2056 or § 2523], the spouse otherwise entitled to receive the net income of the trust shall have the right, by written instrument delivered to the trustee, to compel the reconversion during his or her lifetime of the trust from a total return unitrust to an income trust, notwithstanding anything in this section to the contrary. (l) This section shall be construed as pertaining to the administration of a trust and shall be available to any trust that is administered in Massachusetts under Massachusetts law unless: (1) the governing instrument reflects an intention that the current beneficiary or beneficiaries are to receive an amount other than a reasonable current return from the trust; (2) the trust is a trust described in I.R.C. § 170(f)(2)(B), § 664(d), § 1361(d), § 2702(a)(3) or § 2702(b) [26 U.S.C. § 170(f)(2)(B), § 664(d), § 1361(d), § 2702(a)(3) or § 2702(b)]; (3) one or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard under I.R.C. § 2041 or § 2514 [26 U.S.C. § 2041 or § 2514] or that can be exercised to discharge a duty of support he or she possesses; or (4) the governing instrument expressly prohibits use of this section by specific reference to the section. A provision in the governing instrument that “The provisions of Mass. Gen. Laws c. 203 § 25 ½, as amended, or any corresponding provision of future law, shall not be used in the administration of this trust.” or similar words reflecting such intent shall be sufficient to preclude the use of this section. (m) Any trustee or disinterested person who in good faith takes or fails to take any action under this section shall not be liable to any person affected by such action or inaction, regardless of whether such person received written notice as provided in this section and regardless of whether such person was under a legal disability at the time of the delivery of such notice. Such person’s exclusive remedy shall be to obtain an order of the court having jurisdiction of the trust directing the trustee to convert an income trust to a total return unitrust, to reconvert from a total return unitrust to an income trust or to change the percentage used to calculate the unitrust amount. (n) This section shall be effective upon enactment and shall be available to trusts in existence at the date of enactment or created thereafter.

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An Act relative to protecting innocent sellers

H1437

HD3590

{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T13:36:58.493'}

[{'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-01-20T13:36:58.4933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1437/DocumentHistoryActions

Bill

By Representative Cutler of Pembroke, a petition (accompanied by bill, House, No. 1437) of Josh S. Cutler relative to nonmanufacturing seller liability. The Judiciary.

SECTION 1. Title XV is hereby amended by adding the following new chapter:- “CHAPTER 93M. NONMANUFACTURING SELLER LIABILITY Section 1. Definitions. (a) "Claimant" means a party seeking relief, including a plaintiff, counterclaimant, or cross-claimant. (b) "Products liability action" means any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories. (c) "Seller" means a person who is engaged in the business of distributing or otherwise placing, for any commercial purpose, in the stream of commerce for use or consumption a product or any component part thereof. (d) "Manufacturer" means a person who is a designer, formulator, constructor, rebuilder, fabricator, producer, compounder, processor, or assembler of any product or any component part thereof and who places the product or any component part thereof in the stream of commerce. Section 2. Manufacturer's duty to indemnify. (a) A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by the seller's intentional misconduct or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable. (b) For purposes of this section, "loss" includes court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages. (c) Damages awarded by the trier of fact shall, on final judgment, be deemed reasonable for purposes of this section. (d) For purposes of this section, a wholesale distributor or retail seller who completely or partially assembles a product in accordance with the manufacturer's instructions shall be considered a seller. (e) The duty to indemnify under this section: (1) applies without regard to the manner in which the action is concluded; (2) shall supersede a preexisting contractual agreement absolving a manufacturer of the duty to indemnify; and (3) is in addition to any duty to indemnify established by law, contract, or otherwise. (f) A seller eligible for indemnification under this section shall give reasonable notice to the manufacturer of a product claimed in a petition or complaint to be defective, unless the manufacturer has been served as a party or otherwise has notice of the action. (g) A seller is entitled to recover from the manufacturer court costs and other reasonable expenses, reasonable attorney fees, and any reasonable damages incurred by the seller to enforce the seller's right to indemnification under this section. Section 3. Liability of nonmanufacturing sellers. (a) A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves: (1) that the seller participated in the design of the product; (2) that the seller altered or modified the product and the claimant's harm resulted from that alteration or modification; (3) that the seller installed the product, or had the product installed, on another product and the claimant's harm resulted from the product's installation onto the assembled product; (4) that: (i) the seller exercised substantial control over the content of a warning or instruction that accompanied the product; (ii) the warning or instruction was inadequate; and (iii) the claimant's harm resulted from the inadequacy of the warning or instruction; (5) that: (i) the seller made an express factual representation about an aspect of the product; (ii) the representation was incorrect; (iii) the claimant relied on the representation in obtaining or using the product; and (iv) if the aspect of the product had been as represented, the claimant would not have been harmed by the product or would not have suffered the same degree of harm; or (6) that: (i) the seller actually knew of a defect to the product at the time the seller supplied the product; and (ii) the claimant's harm resulted from the defect. (b) This section does not apply to a manufacturer or seller whose liability in a products liability action is governed by Chapter 93B. In the event of a conflict, Chapter 93B prevails over this section. (c) If after service on a nonresident manufacturer through the secretary of state, the manufacturer fails to answer or otherwise make an appearance in the time required by law, it is conclusively presumed for the purposes of Subsection (a)(7)(B) that the manufacturer is not subject to the jurisdiction of the court unless the seller is able to secure personal jurisdiction over the manufacturer in the action. Section 4. Design defects. (a) In a products liability action against a seller in which a claimant alleges a design defect, the burden is on the claimant to prove by a preponderance of the evidence that: (1) it is proper to bring action against a seller rather than the manufacturer because a judgment is not recoverable from the assets of the bankruptcy estate associated with said manufacturer; (2) there was a safer alternative design; and (3) the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery. (b) In this section, "safer alternative design" means a product design other than the one actually used that in reasonable probability: (1) would have prevented or significantly reduced the risk of the claimant's personal injury, property damage, or death without substantially impairing the product's utility; and (2) was economically and technologically feasible at the time the product left the control of the manufacturer or seller by the application of existing or reasonably achievable scientific knowledge. (c) This section does not apply to a drug or device as those terms are defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321). (d) This section is not declarative, by implication or otherwise, of the common law with respect to any product and shall not be construed to restrict the courts of this state in developing the common law with respect to any product which is not subject to this section. Section 5. Compliance with government standards. (a) In a products liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant caused by some aspect of the formulation, labeling, or design of a product if the product manufacturer or seller establishes that the product's formula, labeling, or design complied with mandatory safety standards or regulations adopted and promulgated by the federal government, or an agency of the federal government, that were applicable to the product at the time of manufacture and that governed the product risk that allegedly caused harm. (b) The claimant may rebut the presumption in Subsection (a) by establishing that: (1) the mandatory federal safety standards or regulations applicable to the product were inadequate to protect the public from unreasonable risks of injury or damage; or (2) the manufacturer, before or after marketing the product, withheld or misrepresented information or material relevant to the federal government's or agency's determination of adequacy of the safety standards or regulations at issue in the action. (c) This section does not extend to manufacturing flaws or defects even though the product manufacturer has complied with all quality control and manufacturing practices mandated by the federal government or an agency of the federal government. Section 6. Affidavit by seller identifying manufacturer (a) In any product liability action against a product seller, the product seller may file an affidavit certifying the correct identity of the manufacturer of the product which allegedly caused the injury, death or damage. (b) Upon filing the affidavit pursuant to subsection (a) of this section, the product seller shall be relieved of all strict liability claims, subject to the provisions set forth in subsection (a) of section 3 of this chapter. Due diligence shall be exercised in providing the plaintiff with the correct identity of the manufacturer or manufacturers. (c) The product seller shall be subject to strict liability if: (1) The identity of the manufacturer given to the plaintiff by the product seller was incorrect. Once the correct identity of the manufacturer has been provided, the product seller shall again be relieved of all strict liability claims, subject to subsection (d) of this section; or (2) The manufacturer has no known agents, facility, or other presence within the United States; or (3) A judgment is not recoverable from the assets of the bankruptcy estate. (d) The commencement of a product liability action based in whole or in part on the doctrine of strict liability against a product seller shall toll the applicable statute of limitations with respect to manufacturers who have been identified pursuant to the provisions of subsection (a) of this section. Section 7. Elements of defense; summary judgment; reinstatement of action (a) It shall be a defense to an action against a seller of a product for property damage or personal injury allegedly caused by the defective design or manufacture of a product if the seller establishes that: (1) The seller had no knowledge of the defect; (2) The seller in the performance of the duties he performed or while the product was in his possession could not have discovered the defect while exercising reasonable care; (3) The seller did not manufacture, produce, design, or designate the specifications for the product which conduct was the proximate and substantial cause of the claimant's injury; and (4) The seller did not alter, modify, assemble, or mishandle the product while in the seller's possession in a manner which was the proximate and substantial cause of the claimant's injury. (b) The defense provided in subsection (a) of this section is not available if the manufacturer is not subject to service of process under the laws of Commonwealth. (c) Except in an action based on an expressed indemnity agreement, if the seller shows by unrebutted facts that he has satisfied subsection (a) of this section and that subsection (b) of this section does not apply, summary judgment shall be entered in his favor as to the original or third party actions. (d) Notwithstanding the granting of a motion for summary judgment pursuant to paragraph (c) of this subsection, the seller will thereafter continue to be treated as though he were still a party for all purposes of discovery including the uses thereof. (e) On a subsequent showing of the occurrence of any condition described in subsection (b) of this section or that one or more of the conditions of subsection (a) of this section did not exist, during the pending litigation, the actions dismissed by summary judgment pursuant to paragraph (c) of this subsection shall be reinstated and are not barred by the passage of time. Section 8. Effectiveness; civil actions and remedies (a) Sections one through seven of this chapter, inclusively, shall apply to contracts made before and after the passage of this act. (b) A seller entity who has been injured by an act or practice declared to be unlawful by the provisions of this chapter may bring an action in the superior court whether by way of original complaint, counterclaim, cross-claim, or third party action, for damages and such equitable relief as the court deems to be necessary and proper. (c) Judgments entered on actions prior to the passage of this act shall not be re-adjudicated on substantially similar facts and claims pursuant to the passage of this act.” SECTION 2. This act shall go into effect upon its passage.

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An Act relative to access to justice

H1438

HD3913

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:20:16.073'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:20:16.0733333'}, {'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T15:20:30.93'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-10-06T15:18:00.6866667'}]

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-20T15:20:16.073'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1438/DocumentHistoryActions

Bill

By Representatives Day of Stoneham and Decker of Cambridge, a petition (accompanied by bill, House, No. 1438) of Michael S. Day and Marjorie C. Decker relative to interviews or questioning conducted for immigration investigations or enforcement purposes. The Judiciary.

SECTION 1. Section 167A of chapter 6 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after clause (i) the following clause:- (j) The department shall not disclose to any federal agency or permit any federal agency to access any files, data, or other information from the Massachusetts Registry of Motor Vehicles for purposes of civil immigration enforcement, provided that information concerning a particular identified individual may be disclosed upon receipt of a probable cause warrant signed by a judge. The Attorney General is authorized to bring an action in state or federal court to quash, modify, or otherwise contest any demand for information not in accordance with the requirements of this paragraph. SECTION 2. Said chapter 6 is hereby further amended by inserting in the first sentence of subclause (1) of clause (a) of section 172 after the word “duties”:- ; provided that criminal offender record information shall not be accessed or disclosed for any non-criminal justice purpose, including civil enforcement duties. SECTION 3. Said clause (a) is hereby further amended by inserting at the end of subclause (30) after the word “databases”:- ; provided that criminal offender record information shall not be accessed or disclosed for any non-criminal justice purpose, including civil enforcement duties. SECTION 4. Section 24 of chapter 37 of the General Laws is hereby amended by inserting after clause (e) the following clause:- (f) federal detainees housed in their facilities to and from the several divisions or departments of the trial court, pursuant to a valid state court writ of habeas corpus. SECTION 5. Chapter 147 of the General Laws is hereby amended by inserting after section 62 the following section:- Section 63. (a) An interview or any questioning conducted for immigration investigation or enforcement purposes of a person in the custody of any state or local law enforcement agency, sheriff’s office, the department of correction, or Massachusetts court, shall take place only with the written informed consent of the person in custody, unless otherwise required by federal law. If the person in custody indicates that they wish to have an attorney present for an interview with a federal agent, the custodian shall allow them to contact such attorney, and in the case that no attorney can be present, the interview shall not take place. The custodian agency shall not be responsible for the payment of the person’s attorney’s fees and expenses. (b) The office of the attorney general shall prepare a uniform consent form in English and other languages commonly spoken in Massachusetts for use pursuant to subsection (a), which shall: (i) explain the purpose of the interview, that the interview is voluntary, that the person may decline to be interviewed or may choose to be interviewed only with an attorney present, and that the person may decline to sign any documents presented to them at the interview; and (ii) document the person’s consent or lack thereof, whether an interview took place, and, if so, whether an attorney was present. Custodian agencies shall make their best efforts to provide a form in a language that the person understands, and to provide interpretation if needed. Consent forms shall be public records as defined in clause Twenty-sixth of section 7 of chapter 4, provided that the name, address, phone number and other personal identifying information regarding the interview subject shall not be a public record. (c) The provisions of paragraphs (a) and (b) shall not apply to persons in federal custody who are held in a state or local facility pursuant to an intergovernmental contract. (d) Court officers, clerks, probation department employees, other trial court administrative personnel, prosecutors, and personnel of the prosecutor’s office, may provide federal agencies or agents with information relating to any person involved in matters before the court only upon request and in the same manner and to the same extent as such information is lawfully made available to the general public. Such officials shall not otherwise notify federal agencies or agents of the presence of individuals attending proceedings in Massachusetts courthouses, unless required by federal law. (e) The superior court in the county where the person is held shall be authorized to hear any claim in law or equity arising from violation of this section. SECTION 6. Section 3 of chapter 258B of the General Laws is hereby amended by inserting after clause (w) the following clause:- (x) for victims, family members, and witnesses, to not be asked by a law enforcement agency, the prosecutor, personnel in the prosecutor’s office, trial court personnel, or parole, probation or corrections officials about their immigration status, or the immigration status of their family members, unless such inquiry is required by federal or state law; provided that a judge or magistrate may make such inquiries as are necessary to adjudicate matters within their jurisdiction. The court may enter orders or conditions to maintain limited disclosure of any information regarding immigration status as it deems appropriate to protect the liberty interests of victims, family members and witnesses.

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An Act relative to clarity and consistency for the Justice Reinvestment Oversight Board

H1439

HD3899

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:12:14.67'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:12:14.67'}, {'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T15:14:45.1866667'}]

{'Id': 'DMR1', 'Name': 'David M. Rogers', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/DMR1', 'ResponseDate': '2023-01-20T15:14:20.497'}

http://malegislature.gov/api/GeneralCourts/193/Documents/H1439/DocumentHistoryActions

Bill

By Representatives Day of Stoneham and Rogers of Cambridge, a petition (accompanied by bill, House, No. 1439) of Michael S. Day and David M. Rogers relative to the Justice Reinvestment Oversight Board. The Judiciary.

SECTION 1. Section 18¾ of chapter 6A of the General Laws, as amended by chapter 69 of the acts of 2018, is hereby amended by striking out clauses (12) through (14) and inserting in place thereof the following:- (12)(i) to establish data collection and reporting standards for criminal justice agencies and the trial court, including the probation service, the parole board, the executive office of public safety and security, the department of correction, houses of correction, county jails, and the several district attorneys to capture and report information on their populations, including recording all applicable charges and convictions. The secretary shall promulgate regulations regarding: (i) the format for the submission of the data and (ii) the categories and types of data required to be submitted, including, but not limited to: (A) a unique statewide identification number assigned to each person who enters the criminal justice system, including but not limited to the fingerprint-based state identification number and the probation central file number; (B) the offense for which the person has been incarcerated; (C) the date and time of the offense, (D) the location of the offense; (E) the race, ethnicity, gender age of the person, whether the person is a primary caretaker of a child and the status of the person’s reproductive health needs; (F) risk and needs assessment scores; (G) participation and completion of evidence-based programs; and (H) dates entering and exiting the jail or the date entering the department or house of correction custody, wrap-up release date and actual release date. (ii) the data collected pursuant to clause (i) shall be in the form of a cross-tracking system for data collection and reporting standards for criminal justice agencies and the trial court, including the probation service, the parole board, the executive office of public safety and security, the department of correction, houses of correction, county jails, and the several district attorneys. The cross-tracking system shall require all these agencies to use a unique state identification number assigned to each person who enters the criminal justice system and to incorporate the unique state identification number into their data systems upon a person’s initial transfer to their jurisdiction. Anonymized cross-agency data shall be made available to the public for analysis through an application programming interface which allows access to all electronically available records. (13) to establish data collection and reporting standards for criminal justice agencies and the trial court, including the probation service, the parole board, the executive office of public safety and security, the department of correction, houses of correction, county jails, and the several district attorneys relative to recidivism rates for rearraignment, reconviction and reincarceration. Recidivism rates, determined by the data collected, shall be reported annually to the secretary. The data shall be submitted by each agency to the secretary who shall subsequently publish the information quarterly on the executive office of public safety and security website. Reported data shall be tracked over 1, 2 and 3 year periods and include categorizations by race, ethnicity, gender and age. (14) to establish data collection and reporting standards for criminal justice agencies and the trial court, including the probation service, the parole board, the executive office of public safety and security, the department of correction, houses of correction, county jails, and the several district attorneys to standardize methods of reporting of race and ethnicity data to facilitate assessment of the racial and ethnic composition of the criminal justice population of the commonwealth. These agencies shall coordinate to ensure that racial and ethnic data related to populations, trends and outcomes is reported accurately to the secretary of the executive office of public safety and security and the public. SECTION 2. Section 11 of chapter 7D of the General Laws, as amended by chapter 69 of the acts of 2018, is hereby amended by striking out the second paragraph and inserting in place thereof the following:- The board shall meet quarterly to review the compliance of criminal justice agencies and the trial court, including the probation service, the parole board, the executive office of public safety and security, the department of correction, houses of correction and, county jails and the several district attorneys in: (1) collecting and submitting data required by paragraphs (12), (13) and (14) of section 18¾ of chapter 6A; (2) making said data available to the public as required by said paragraphs 12, 13 and 14 of said section 18¾ through the development of data portals to make data without personally identifiable information so available; and (3) maintaining policies ensuring accurate data collection across racial, ethnic and gender classifications; provided, that compliance shall include a review of whether the methods of data collection are appropriately screening for gender-specific risk or needs that may be addressed by evidence-based programs. A report on the collection of data and the compliance with justice reinvestment policies shall be submitted annually to the clerks of the house of representatives and the senate on or before July 1.

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An Act to lift kids out of deep poverty

H144

HD507

{'Id': 'MCD1', 'Name': 'Marjorie C. Decker', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MCD1', 'ResponseDate': '2023-01-10T14:56:06.88'}

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http://malegislature.gov/api/GeneralCourts/193/Documents/H144/DocumentHistoryActions

Bill

By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 144) of Marjorie C. Decker and others relative to the payment standards for monthly benefits for parents with dependent children. Children, Families and Persons with Disabilities.

SECTION 1. Section 2 of chapter 118 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 paragraph:-- Notwithstanding any general or special law to the contrary, the payment standards for monthly benefits for the program not including the rental allowance shall be increased effective July first of each year beginning with July 1, 2023 by 25 percent above the payment standard in effect in the previous fiscal year until the payment standard for the household size equals 50 percent of the federal poverty level for the household size; provided further, that once the payment standard for the household size equals 50 percent of the federal poverty level for the household size, the payment standard shall be increased effective July first of each year in order that the payment standard shall be no less than 50 percent of the poverty level for the household size as determined by the federal Department of Health and Human Services; provided further, that the need standard and the payment amounts shall be further increased by the amount of a clothing allowance in the month for which it is paid and by the rental allowance for households incurring a rent or mortgage expense and not residing in public or subsidized housing. SECTION 2. Section 1 of chapter 117A of the General Laws is hereby amended by inserting after the first paragraph the following new paragraph:- Notwithstanding any general or special law to the contrary, the payment standards for monthly benefits for the program shall be increased effective July first of each year beginning with July 1, 2023 by 25 percent above the payment standard in effect in the previous fiscal year until the payment standard for the household size equals 50 percent of the federal poverty level for the household size; provided further, that once the payment standard for the household size equals 50 percent of the federal poverty level for the household size, the payment standard shall be increased effective July first of each year in order that the payment standard shall be no less than 50 percent of the poverty level for the household size as determined by the federal Department of Health and Human Services.

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An Act relative to civil rights

H1440

HD3756

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T14:25:26.577'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T14:25:26.5766667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1440/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1440) of Michael S. Day relative to interference or attempted interference by threats, intimidation or coercion in civil rights actions. The Judiciary.

SECTION 1. Section 11H of chapter 12 of the General Laws, as appearing in the 2020 Official Edition, as amended by section 37 of chapter 253 of the acts of 2020, is hereby amended by inserting, in line 32, after the word “secured”, the following:- ; provided, however, that in an action brought under this section against a law enforcement officer, as defined in section 1 of chapter 6E, for conduct under color of law, proof shall not be required that the interference or attempted interference was by threats, intimidation or coercion. SECTION 2. Said section 11H of said chapter 12 of the General Laws, as so appearing, as amended by section 37 of chapter 253 of the acts of 2020, is hereby further amended by striking, in lines 62-64, the words “interference by threat, intimidation or coercion, or attempted interference by threats, intimidation or coercion,” and inserting in place thereof the following: - interference or attempted interference. SECTION 3. Said section 11H of said chapter 12 of the General Laws, as so appearing, as amended by section 37 of chapter 253 of the acts of 2020, is hereby further amended by inserting, after subsection (b), the following subsection: - (c) When granting a claim of immunity from civil liability in an action brought pursuant to this section or section 11I of this chapter against a law enforcement officer, as defined in section 1 of chapter 6E, the court shall also make a determination in writing as to whether the conduct alleged, if proven at trial, interfered with the exercise or enjoyment by any other person or persons of rights secured by the constitution or laws of the United States, or of rights secured by the constitution or laws of the commonwealth. SECTION 4. Section 11I of said chapter 12 of the General Laws, as so appearing, is hereby amended by inserting, in line 8, after the word “damages.” the following: - In an action brought under this section against a law enforcement officer, as defined in section 1 of chapter 6E, for conduct under color of law, proof shall not be required that the interference or attempted interference was by threats, intimidation or coercion.

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An Act concerning the arrest without a warrant of persons on probation and temporary custody

H1441

HD3905

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:18:43.57'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:18:43.57'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1441/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1441) of Michael S. Day relative to arrests without a warrant of persons on probation and temporary custody. The Judiciary.

SECTION 1. Section 3 of chapter 279 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting before line 1 the following paragraph:- For the purposes of this section, probation officer shall include a chief probation officer, a regional probation supervisor, a statewide probation supervisor, the director of the ELMO center, the deputy commissioner of field services, and any other personnel whom the commissioner of probation shall direct. SECTION 2. Section 3 of said chapter 279, as so appearing, is hereby further amended by striking out, in line 51 the word “temporary”. SECTION 3. Section 3 of said chapter 279, as so appearing, is hereby further amended by striking out, in lines 52-53 the words “for a period not to exceed 72 hours or until the next sitting of the court, during which period the” and inserting in place thereof the following words:- . The SECTION 4. Section 3 of said chapter 279, as so appearing, is hereby further amended by inserting, in line 55, after the word “before the following:- the next sitting of SECTION 5. Section 3 of said chapter 279, as so appearing, is hereby further amended by striking out, in line 59 the word “temporary”. SECTION 6. Section 3 of said chapter 279, as so appearing, is hereby further amended by inserting in line 60 after the word “thereto.” the words: - The probationer shall be brought before the next session of the court having jurisdiction over the place where the person is held or to the court that set the conditions of release.

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An Act to protect the privacy of 911 callers

H1442

HD3920

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:22:39.297'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:22:39.2966667'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1442/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1442) of Michael S. Day relative to audio recordings and written transcripts of phone calls made to the 911 emergency system. The Judiciary.

SECTION 1. Chapter 6A of the Massachusetts General Laws, as appearing in the 2008 Edition, is hereby amended by adding the following section:- Section 18M: The audio recording of a call placed to a 911 system for the purpose of requesting service from a law enforcement, fire, or medical agency is private data on individuals with respect to the individual making the call, except that a written transcript of the audio recording is public. A transcript shall be prepared upon request. The person requesting the transcript shall pay the actual cost of transcribing the call, in addition to any other applicable costs for transcript preparation. The audio recording may be disseminated to law enforcement agencies for investigative purposes. The audio recording may be used for public safety and emergency medical services training purposes. The release of the audio recording of a 911 telephone call without the express written consent of the caller or the caller’s legal representative shall be prohibited, except pursuant to a court order finding that the right of the public to the release of the recording outweighs the privacy interests of the individual who made the 911 call or any person involved in the facts or circumstances relating to the 911 call. This section shall not apply to law enforcement personnel conducting an investigation where the 911 telephone call is or may be relevant to the investigation.

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An Act relative to the punishment of organized retail crimes

H1443

HD3924

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:23:41.32'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:23:41.32'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1443/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1443) of Michael S. Day relative to the punishment of organized retail crimes. The Judiciary.

SECTION 1. Subsection (b) of § 30D of Chapter 266 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in the second sentence after the words “shall be punished by imprisonment in the state prison for not more than 10 years” the following language: “or imprisonment in the house of correction for not more than 2 ½ years”. SECTION 2. Subsection (c) of § 30D of Chapter 266 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting in the second sentence after the words “shall be punished by imprisonment in the state prison for not more than 15 years” the following language: “or imprisonment in the house of correction for not more than 2 ½ years”. SECTION 3. § 26 of Chapter 218 of the General Laws, as amended by St.2018, c. 69, §109, is hereby amended by inserting after the words “and sections sixteen, seventeen, eighteen, nineteen, twenty-eight, thirty” the following language: “thirty D”.

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An Act to update expungement

H1444

HD3964

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:45:43.063'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:45:43.0633333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1444/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1444) of Michael S. Day relative to the protection of sealed court records. The Judiciary.

SECTION 1. Chapter 276 of the General Laws is hereby amended by striking out section 100Q, inserted by section 195 of chapter 69 of the acts of 2018, and inserting in place thereof the following section:- 100Q. Unless otherwise provided by law, no person shall make records sealed pursuant to section 100A, section 100B or section 100C available for inspection in any form by any person. No person shall make records expunged pursuant to section 100F, section 100G, section 100H or section 100K available for inspection in any form by any person. SECTION 2. Section 100T of Chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words “100A or section 100B” and inserting in place thereof the words:- 100A, 100B or 100C”.

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An Act relative to retirement reporting

H1445

HD3970

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:48:42.443'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:48:42.4433333'}, {'Id': 'V_H1', 'Name': 'Vanna Howard', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/V_H1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'S_G2', 'Name': 'Steven Ultrino', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_G2', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'AJP1', 'Name': 'Angelo J. Puppolo, Jr.', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/AJP1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'JKH1', 'Name': 'James K. Hawkins', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JKH1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'JSC1', 'Name': 'Josh S. Cutler', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JSC1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'CAD1', 'Name': 'Carol A. Doherty', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/CAD1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'BWM1', 'Name': 'Brian W. Murray', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/BWM1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'G_C2', 'Name': 'Gerard J. Cassidy', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/G_C2', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'RMH2', 'Name': 'Ryan M. Hamilton', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RMH2', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'MRP0', 'Name': 'Marc R. Pacheco', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MRP0', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'E_U1', 'Name': 'Erika Uyterhoeven', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/E_U1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'RME1', 'Name': 'Rodney M. Elliott', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/RME1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}, {'Id': 'T_V1', 'Name': 'Tommy Vitolo', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/T_V1', 'ResponseDate': '2023-07-10T17:24:16.4133333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1445/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1445) of Michael S. Day relative to retirement reporting. The Judiciary.

Section 15 of Chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the paragraph, and inserting in place thereof the following paragraph: - (5) If the attorney general or district attorney becomes aware of a final conviction of a member of a retirement system under circumstances which may require forfeiture of the member’s rights to a pension, retirement allowance, or a return of his accumulated total deductions pursuant to this chapter. Sections 58 or 59 of chapter 30 or section 25 of Chapter 268A, he shall immediately notify the commission of such conviction. The Commission shall not report the conviction to the member’s retirement board or employer unless the Commission has determined that such conviction, in fact, requires forfeiture of that member’s rights to a pension, retirement allowance, or return of his accumulated total deductions pursuant to this chapter, sections 58 or 59 of Chapter 30 or section 25 of Chapter 268A; and is directing that member’s retirement board or employer to take action to effectuate such.

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An Act relative to eliminating liability limits for abuse of a minor

H1446

HD3979

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:52:42.817'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T15:52:42.8166667'}, {'Id': 'S_M1', 'Name': 'Samantha Montaño', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/S_M1', 'ResponseDate': '2023-07-10T17:25:38.2933333'}, {'Id': 'JPL1', 'Name': 'Jack Patrick Lewis', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/JPL1', 'ResponseDate': '2023-07-10T17:25:38.2933333'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1446/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1446) of Michael S. Day relative to eliminating liability limits for abuse of minors. The Judiciary.

Section 85K of chapter 231 of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting a new paragraph at the end as follows: “The liability limitations set forth in this section shall not apply to any entity in a civil action for sexual abuse of a minor, as that term is defined in section 4C1/2 of chapter 260, or a civil action for physical abuse of a minor.”

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An Act to modernize the roles and responsibilities of the victim and witness assistance board

H1447

HD4018

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:08:40.24'}

[{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:08:40.24'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1447/DocumentHistoryActions

Bill

By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 1447) of Michael S. Day relative to the roles and responsibilities of the Victim and Witness Assistance Board. The Judiciary.

SECTION 1. Section 3 of chapter 258B, as appearing in the 2022 Official Edition, is hereby amended by striking the last paragraph beginning with the words “there shall be conspicuously posted” and inserting the following:- There shall be conspicuously posted in all courthouses and police stations a summary of the rights afforded under this section. To satisfy this requirement, the victim and witness assistance board, pursuant to section 4, shall provide information on the rights afforded to victims and witnesses to court officials and police chiefs. Information may be provided in printed or digital formats. The board shall provide information in the top five languages spoken at home, other than English, as provided by the most recent federal census data. SECTION 2. Section 4 of said chapter 258B, as appearing in the 2022 Official Edition, is hereby amended by striking the word “him” in the second paragraph and inserting the following word:- them SECTION 3. Said Section 4 of chapter 258B, as so appearing, is hereby further amended by striking the fourth paragraph and inserting the following paragraphs:- The board shall establish, adopt, and maintain bylaws relative to the operation of internal governance. In addition to the foregoing, the board shall: (a) fund and support services that are available to victims across the commonwealth (b) provide professional development and community education opportunities for Massachusetts victim services providers, victims, and allied professionals, including sharing information relative to the victim and witness rights and services established under this chapter (c) advocate for policy and legislative initiatives related to access and support for victims’ rights and services including but not limited to funding (d) assume the management and administration of the Garden of Peace, a public memorial garden located on the plaza of 100 Cambridge street in the city of Boston to honor victims of homicide, to receive gifts or grants of money or property to assist the board in the maintenance and operation of the memorial and to establish an advisory committee which shall consist of interested residents appointed by the victim witness assistance board to provide advice to the board. (e) administer the SAFEPLAN advocacy program as established in Chapter 151 of the Acts of 1996 SECTION 4. Section 6 of said chapter 258B, as appearing in the 2022 Official Edition, is hereby amended by striking the words “the board”.

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An Act to Improve enforcement of environmental quality

H1448

HD4029

{'Id': 'MSD1', 'Name': 'Michael S. Day', 'Type': 1, 'Details': 'http://malegislature.gov/api/GeneralCourts/193/LegislativeMembers/MSD1', 'ResponseDate': '2023-01-20T16:13:40.68'}

[{'Id': None, 'Name': 'Vincent L. Dixon ', 'Type': 3, 'Details': None, 'ResponseDate': '2023-01-20T16:13:40.68'}]

http://malegislature.gov/api/GeneralCourts/193/Documents/H1448/DocumentHistoryActions

Bill

By Representative Day of Stoneham (by request), a petition (accompanied by bill, House, No. 1448) of Vincent L. Dixon relative to the enforcement of laws and legal regulations related to public health, environmental pollution, and environmental justice. The Judiciary.

SECTION I. – The Massachusetts General Laws are hereby amended by inserting the following new chapter: Citizen Environmental Negligence – Right of Action Act PURPOSE – Public Policy requires various avenues of enforcement, that provide enforcement of laws, and legal regulations, including those that relate to Public Health, Environmental Pollution, and Environmental Justice. SECTION II. – Any individual, community, or local organization, negatively damaged, by Specific Environmental Pollution (SEP), may bring a Civil Action, in a District Court of The Commonwealth of Massachusetts; without respect to the amount of controversy, citizenship of the parties, or possibility of other regulatory and/or administrative remedy; seeking redress, by order, compensation, and/or other appropriate legal action. Such Specific Environmental Pollution (SEP), which may be either evidently deliberate; and/or apparently unintentional, but causing negligent harm, can be addressed, in court actions; and those persons, communities, and organizations having suffered negative damage, may receive appropriate compensation, and/or remedial actions. SECTION III-A. – A Right Of Action (ROA) brought by such party, or parties, with sufficient standing, based on actual, or sufficient evidence of harm, shall be entitled to an attorney, appointed by a District Court; and such court, may appoint appropriate legal counsel, and authorize initiation of legal action. SECTION III-B. – Definition of Forms of Action – Actions Brought Under This Statute Such actions, may be specified, as individual Rights Of Action (ROA); Community Rights Of Action (CRA); and/or Class Actions. SECTION IV – Definition of Damages, And/Or Remedial Requirements If a Court determines that a Corporation, Individual, Organization, or other entity, has deliberately, or unintentionally caused environmental harm, that violates laws, and regulations, of The Commonwealth of Massachusetts, damages may be awarded, and/or Specified Remedial Required Actions, may be ordered. In the circumstances of individual harm, and/or community, or organizational impact (such as schools, or other locations), damages of at least $1000, per infraction (such as, but not limited to, individual daily instances of, polluting water, air, soil, and/or other circumstances), may be ordered. Specified Remedial Required Actions (SRRA) may be ordered, as needed, either by themselves, and/or distinct from specific award of negligent damages.

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