An Act prohibiting the use of coal tar sealers

This bill would prohibit the use of coal tar-based driveway and pavement sealants due to their harmful health and environmental impacts. Coal tar-based sealants typically contain 20-35% coal tar pitch which is a known human carcinogen, and the storm runoff of these products have detrimental effects on marine wildlife. A number of studies have found that living adjacent to coal tar sealed pavement is associated with significant increases in estimated excess lifetime cancer risk, and that much of the increased risk occurs during early childhood. Additional studies have found that runoff from coal tar harms marine ecosystems.

Washington, Minnesota, New York, Maryland, Maine, and Virginia have banned coal tar sealcoating used on driveways and parking lots.

An Act relative to collective bargaining rights of the state police

This bill would change the collective bargaining agreement process for the State Police by aligning the state police union with all other public employee unions in the Commonwealth. Currently, the collective bargaining process contains no binding arbitration clause that governs the MA State Police. This has created an imbalanced power dynamic with the Commonwealth holding a disproportionate level of leverage in the process.  

Collective bargaining is the cornerstone of labor relations, providing a structured framework for employers and unions to negotiate wages, benefits, and working conditions. The provisions of the current system undermine the fairness and effectiveness of collective bargaining and leaves the State Police at a significant disadvantage because they have no way to enforce the provisions of a contract they bargained in good faith. This is a particularly critical issue for public police unions, where the lack of binding arbitration can undermine the stability of labor relations and jeopardize public safety.  

An Act regarding conditions of release in Superior Court

This bill was filed on behalf of the Trial Court and would grant Superior Court judges the same discretion to order conditions of release that the District Court judges have. Currently, Superior Court Judges can only order such conditions in domestic violence cases. This would give judges more flexibility when deciding on release petitions and create uniformity throughout the Trial Court system.

An Act strengthening synthetic drug laws in correctional facilities

This bill builds upon language I had passed through FY15 budget that established a definition for K-2/Spice drugs (synthetic marijuana). With the rise of K-2 drugs in our correctional facilities, DAs were experiencing issues with prosecuting these crimes due to the way the current law is written, as it only allow the DAs to prosecute any person who knowingly or intentionally manufactures, distributes, dispenses, or possesses with intent to manufacture, distribute, or dispense a Class C substance. This bill would strictly prohibit K-2/Spice drugs in correctional facilities and the distribution, possession or use of the substances would become a felony in the state of Massachusetts. 

This legislation was co-filed with Senator Patrick O’Connor.

An Act relative to the retirement of MassPort officers

MassPort police officers provide high level public safety services for the Commonwealth on important properties that are controlled by the agency. These officers share jurisdiction with the Massachusetts State Police in essential public areas like Logan Airport and the Seaport in Boston. Despite their duties and qualifications matching any police department in the state, they have been incorrectly relegated to group 2 for the purposes of the retirement system. This bill would bring them into group 4, which is reflective of their training, work, and dedication to public safety.

An Act designating the month of May as Native Plant Month

This bill would designate the month of May as Native Plant Month in Massachusetts. Establishing Native Plant Month in Massachusetts will encourage community groups, schools, and citizens to undertake appropriate activities to promote the conservation, restoration, and appreciation of the Commonwealth's native plants. This legislation was derived from The Garden Club of America who launched a national initiative to create a permanent designation across the U.S.    

An Act updating the unit pricing exemption threshold

This bill would increase the exemption for unit pricing requirements that exists for small format food stores. Unit pricing requirements allow consumers to compare products so that they can make informed decisions about food purchases. However, the need to comparison shop does not really apply when shopping in a convenience store because there is generally only one type of product offered. 

Because of inflation, the unit pricing exemption language that was adopted in 2004 to exempt retail establishments with a sales volume of less than $5 million per year of in-store sales is close to being obsolete. The law that was passed in 2004 provided a common-sense modification to small businesses that saves them money and time. However, more than 20 years later, these convenience stores are in jeopardy of losing the exemption because inflation has eroded the value of the revenue threshold over time. Without this exemption, small format retailers will be forced to go through the expense and inconvenience of re-implementing unit pricing in their stores. 

An act relative to gift card tampering

Gift Card Tampering is when one acquires unloaded gift cards for the purpose of changing or stealing physical card details in order to attain monetary value from the card upon activation by a victim. One of the challenges the industry is facing in addressing this emerging problem is the lack of a consistent and clear path to prosecution due to the nature of the activity and loopholes within existing criminal statutes. This bill intends to update the Massachusetts criminal code in an effort to close such gaps and allow for meaningful prosecution of such activity occurring in the Commonwealth. 

An Act relative to the alignment of the University of Massachusetts police

This bill was filed in regard to the retirement of the officers of the University of Massachusetts Police Department. These officers are expected to perform at the same level as municipal police across the Commonwealth, receiving the same training, wielding the same powers, rights, and responsibilities — yet are entitled to a fraction of the retirement benefits. This inequity has lasting detrimental effects on the University’s police force, which experiences a high rate of turnover, with many citing the lack of benefits as a primary reason for departure. The lack of continuity and inability to retain talented and dedicated officers is especially harmful in the unique scenarios that compromise campus policing.

This bill aims to rectify this inequity by moving their retirement group from Group 2 to Group 4, aligning the retirement benefits for all officers of our police departments. 

An Act relative to timely public payments for work not included in original construction contracts

This bill mirrors language that is already in Massachusetts statutes to enable the process of ‘prompt pay’ for private construction work to help contractors and subcontractors receive payment from public awarding authorities in a timely fashion for work that was not included in the original contract. Currently, the law does not set a timeframe for when an awarding agency must accept or reject charges for work outside the original contract, which prevents the contractor or subcontractor from being able to even bill for it — let alone receive payment.  

The goal of the prompt pay law, which was enacted in 2010 and has worked well since then is simple: to keep the payment process moving so that funds flow as they should on construction projects, and prompt payment becomes routine business practice.

An Act relative to a municipality’s right of first refusal of agricultural and recreational land

Under current Massachusetts law, cities and towns are allowed to exercise their right of first refusal of agricultural and recreational land when a property owner seeks to sell or use it for non-agricultural or recreational purposes. This bill would extend the existing time period for a municipality to exercise its right of first refusal and fulfill a purchase and sale contract, as well as establish a 30-day timeline in which the seller may accept the purchase and sale agreement.   

The effects of the existing law for these transactions largely falls on communities who have a town meeting form of government. The timelines our municipalities must abide to are short and make it difficult for them to effectively conduct the required due diligence of a potential land acquisition. This bill would lengthen the time municipalities have to make decisions about agricultural lands to better reflect the timeframes necessary to work through municipal requirements, giving our communities more flexibly and influence in how their communities grow. 

An Act defining recyclable beverage containers

This legislation would create a legal definition to ensure that recyclable PET bottles and aluminum cans are treated similarly under the law, and importantly it would prevent them from being considered “single-use”.

PET and Aluminum are the most recyclable and recycled item in Massachusetts and continue to be the most valuable materials in the waste stream. There is high demand for the recycled bales of material from carpet manufacturers, footwear and apparel, and bottlers. There is currently no legal definition of single-use, and this bill would ensure highly recyclable containers are differentiated. This legislation would not impact the current deposit system and has the potential to be a first step toward other recycling and pollution reduction goals. The language is consistent with and can be used to help reinforce the DEP waste ban on single-resin, long neck plastic bottles.

An Act relative to equalizing the Department of Revenue interest rates

Under current law, a taxpayer that fails to make a timely payment is required to pay interest after the statutory due date. The interest for such delinquent tax liability is the federal short-term rate, plus 4%, compounded daily. In contrast, when the Department of Revenue owes a taxpayer a refund, the rate of interest is the federal short-term rate, plus two percentage points, computed as simple interest. Moreover, the Department of Revenue gets 120 days from the last date for filing the tax return before interest applies. If the refund is mailed within 120 days, the Department of Revenue pays no interest. This legislation would restore equity to our tax code by subjecting the taxpayer and the Commonwealth to the same interest rate at the federal short-term rate, plus two percentage points, computed as simple interest.        

Resolve establishing a special commission on the Dover amendment

This legislation establishes a special commission to study the use and effectiveness of the zoning approval process of educational uses under the so-called Dover Amendment. The commission would study the impact of the education exemption provided by the Dover Amendment on municipalities and nonprofit education institutions, which shall include a review of the types of building projects sited under the protection of the Dover Amendment and the case law decided on the educational exemption.

While the Dover Amendment is an important piece of state law, some believe that the education provision is overly broad and can be falsely invoked by those looking to circumvent local zoning requirements.    

An Act updating hunter harassment laws 

This bill will prohibit anyone from harassing or impeding the efforts of hunters and fishermen who are operating legally in the Commonwealth. This includes attempting to herd animals away from lawful hunters, physical and verbal intimidation, and restricting access to land set aside for the lawful harvest of fish and wildlife.

Any fines collected under this bill shall be deposited into the Inland Fisheries and Game Fund and will go towards supporting the Hunter Education Program. 

An Act relative to sheriffs

This legislation includes recommendations approved by the Sheriff’s Commission (final report filed as S.1865 during the 2013-2014 legislative session). This bill exempts the Sheriffs from the prohibition on providing meals to employees by allowing collective bargaining on this issue. The bill also establishes a Corrections Advisory Board with the aim of improving coordination across the criminal justice system and establishing best practices in all aspects of corrections operations. Additionally, the bill provides for a Human Resource Development assessment of current Sheriffs’ Office’s policies and practices, updates the civil process operations, moves deputy sheriffs to Group 4 and provides injured line of duty benefits as well. These recommended advancements will allow our Sheriff Office’s to increase employment and retain the workforce, allowing our Sheriff’s to better protect the communities we live in. 

An Act to further clear titles to real property affected by technical irregularities in recorded instruments

This bill was filed on behalf of the Mass Land Title Association and would set a 10-year period after which technical defects in real estate documents are deemed cured. Currently, technical defects need to be cured by going to land court, which can take months and can derail pending real estate transactions — primarily affecting titles for 1 to 4 family homes. This bill provides Massachusetts with an additional resource to increase our housing stock and allow more residents to own property.