An Act relative to the recovery of emergency assistance funds used on non residents with a financial sponsor

This bill would require individuals and families in the emergency housing assistance program undergoing the federal immigration process with a financial sponsor to be identified. After those with a financial sponsor have been identified, the Massachusetts Attorney General’s office will then seek reimbursements of funds provided by the state that should have been covered by the financial sponsor through legal action.  

In the United States, a financial sponsor is not required and not legally responsible for an asylum seeker. However, a US immigration financial sponsor is a US citizen or green card holder who promises to financially support an immigrant applicant for a family-based green card. The sponsor must sign an affidavit of support, which is a contract that shows the immigrant is not likely to become a public charge or dependent on the government. The sponsor's financial responsibility usually lasts until the immigrant becomes a US citizen or can be credited for 10 years of work under the Social Security Act.   

An Act relative to enhanced fire protection in new one- and two-family dwellings

In recognition that fires are the leading cause of natural disaster deaths, this bill would establish a local option to require new one- and two-family homes be built with automatic sprinkler systems.

Massachusetts requires all homes to have both a working smoke detector and a working carbon monoxide detector in their homes. These alarms have become an essential part of our public safety system, warning people of all ages of dangerous situations. Ultimately, a smoke alarm’s function is to prevent physical harm or death from a fire to an individual, but fire alarms do not protect a person or their property from destruction. Fire sprinklers, however, have the ability to effectively notify a household, protect the people in it, prevent damage or the destruction of their property from the threat of fires, allow residents more time to evacuate the premise, and fire departments more time to respond.

An Act maintaining protective orders

This bill was filed to clarify that protective orders that restrict contact with a child remain valid even after the death of the parent who filed the order, and extends the protective order until it is vacated by the court.

Currently, when a parent or guardian requests a protective order, the Court is allowed to impose a range of restrictions, including ordering the defendant to refrain from abusing or contacting the plaintiff’s child or a child in the plaintiff’s care, unless authorized by the court. However, were the parent or guardian to pass away, the court order affiliated with their request then comes into question.

This clarification and expansion of the law will ultimately keep one of our most vulnerable populations — children — safe from potential abuse. A parent will do all that they can to keep their children safe and the law should uphold this commitment so that their passing does not inhibit their ability to protect their child's well-being.

An Act Relative to Updating the Licensure of Optometrists

This legislation updates outdated language of the licensing law for optometrists regarding licensure requirements, penalties, advertising provisions, and references to certain agencies. The legislation also implements a uniform system of licensing for optometrists, preventing older license types from being issued to new applicants. In doing this, patients will be able to rely on the fact that any optometrist they see has the same level of qualifications and practice authority.

The current licensing system is administratively burdensome for the Massachusetts Department of Public Health, confusing for new optometrists and, generally not helpful to the general public who may not know which license type the optometrist they are being seen by possesses.

An Act relative to public safety on private college and university campuses

This bill would allow any police officer employed by public or private colleges in universities in Massachusetts to be eligible to obtain a Police Identification Card to be used as a basic ID across law enforcement departments. Providing Police ID cards to officers of public and private college and universities is especially important for a number of urban campus departments who regularly assist municipal departments for large scale events, such as the Boston Marathon or various parades.   

From a law passed in 2023, these officers are currently allowed to carry a taser if:

• They hold a valid license to carry authorized by their local authority

• Are authorized to carry firearms as part of their duties

• The use of tasers is approved by the chief of their department

However, these officers are not eligible to hold a Massachusetts Police ID card which demonstrates their authority to protect and serve.

An Act relative to the taxation of small business in the commonwealth

This bill, filed on behalf of MassCPAs, would increase the range of the entry-level tax imposed on S corporations from $6 million - $9 million to $12 million - $18 million, and ties future increases to the CPI. Initially enacted in the 1980s, the surtax was designed to safeguard tax benefits for small businesses while fostering a level playing field between large S-corporations and C-corporations. However, the thresholds for net income triggering the additional excise tax have not been updated nor adjusted since its original enactment and an increasing number of small businesses have been adversely affected.  

With the introduction of an additional 4% surtax, many small businesses and other S-corporations now find themselves in the position where their shareholders are subject to a tax burden exceeding the Massachusetts corporate tax rate of 8%, which is in direct conflict with the original intent of the law. The framework of imposing an extra tax on S-corporations serves as a substantial disincentive to business expansion within Massachusetts. Coupled with the surtax, this structure negatively sets Massachusetts apart from other states in terms of its taxation policies. 

An Act relative to municipal unemployment insurance reform

This bill would make teachers, professional and nonprofessional educational employees who work on behalf of the school system but are paid through municipal budgets, ineligible to collect unemployment insurance benefits when school is not in session by extending them a “reasonable assurance” of employment. The bill would also reduce unemployment benefits by an amount equal to 65% of a retiree’s weekly pension for retirees collecting both unemployment benefits and a pension from the same public or private employer.  

In 2012, a task force was convened by Governor Deval Patrick in response to concerns about the municipal unemployment insurance system. This panel was composed of representatives of both public-sector labor and management. One recommendation sought to address the issue of school-based employees who are paid by the municipality directly and not by the school department, to collect unemployment benefits during school vacations and the summer break. Another recommendation seeks to address the issue of a retiree collecting both unemployment benefits and a defined benefit pension from the same public or private employer. The committee released a report more than 10 years ago containing a series of recommendations — and reforms are still necessary. As cities and towns try to manage finances, these are important loopholes to close.

An Act relative to the creation of the Massachusetts Public Safety Building Authority

This bill creates a Massachusetts Public Safety Building Authority which would operate as an independent public authority in order to encourage and foster the thoughtful establishment and maintenance of public safety facility space in cities and towns across the Commonwealth. Additionally, the bill establishes a new fund to be known as the Public Safety Building Modernization and Reconstruction Trust Fund, to be financed by cannabis sales revenue. 

The need for a Public Safety Building Authority is widespread and evident throughout Massachusetts. The State Auditor’s 2021 report on public infrastructure in Western Massachusetts highlighted and recommended the urgent need for the creation of a Municipal and Public Safety Building Authority. Findings make it clear this issue impacts both urban and rural communities alike. The creation of the PSBA would provide a direct economic stimulus, enhancing local economic productivity and efficiency. Failing to invest in infrastructure, as indicated by the American Society of Civil Engineers, could cost the national economy trillions of dollars. By addressing this need, the PSBA promotes economic growth and stability within Massachusetts. 

An Act relative to car theft with digital devices

This bill addresses a modern form of car theft that involves using motor vehicle key programs or emulation devices to break into vehicles. This bill would establish criminal penalties for individual who, with intent to steal a motor vehicle or other property manufacture, sell, offer to sell, transfer, or possess a motor vehicle key programming or emulating device, or relay attack device. 

An Act relative to retail liquor sales to caterers

The alcoholic beverage industry in Massachusetts has been in a state of significant instability in recent years; one especially concerning issue is the slow death of family-owned, local package stores that have long been a staple of the Massachusetts retail beverage industry. A root cause of this issue is the increases in the cap on how many licenses can be owned has led to many such stores being forced out of the market by chains of convenience stores and big-box liquor stores based outside the Commonwealth.  

This bill would help alleviate some of these burdens by allowing licensed liquor stores to sell directly to caterers. Current law limits this practice to wholesalers, which can cause significant burdens for small events that don’t require expansive beverage options. Allowing package stores to supply these events will provide a boost to their sales numbers and give local caterers more flexibility and convenience when they consider alcohol needs.  

An Act prohibiting state and municipal contracts for the purchase and installation of artificial turf fields

The bill would ban state and local governments from using public funds to install artificial turf containing zinc, plastic, or intentionally added PFAs on public playing surfaces. The legislation is aimed to promote the use of crumb rubber as an alternative, which was found to be best for both public health and the environment.

A recent federal, multi-agency research initiative examining sport players’ chemical exposure on synthetic turf fields using crumb rubber infill found there was no difference in exposure to certain chemicals, metals, or air emissions among players regardless of whether the playing field was synthetic with crumb rubber infill or grass. This study provided credible evidence that recycled rubber for turf fields is a win for public health, as well as the environment.

An Act enabling registered dental hygienists to administer nitrous oxide

This legislation allows dental hygienists who have obtained a special permit to administer nitrous oxide to patients under the direct supervision of a dentist. For more than 40 years, dental hygienists in other parts of the country have safely administered nitrous oxide to patients under the supervision of dentists. Nitrous oxide is a safe and reliable method to reduce a patient’s fear and anxiety before or during dental procedures – in fact, is cited by the American Academy of Pediatric Dentistry as one of the safest sedatives used in the field.  

35 states that have passed similar legislation. Removing this artificial barrier will increase access to care by expanding the pool of qualified providers able to administer local anesthesia agents for treatments in their office, allowing busy dentists to devote more attention to patients. This bill also encourages professional development and allows dental hygienists greater ease to practice their skills. 

An Act reforming auto body labor rates

Massachusetts provides the lowest auto body labor rates of any state in the country, not having been significantly increased since 1998. A study by National AutoBody Research Organization of auto body labor rates in Massachusetts found that for the approximately 2,300 repairs processed through insurance claims, $40/hour was the most common labor rate paid, and most of the time the rate paid by insurers was $36-$42/hour. This number is not up to modern standards. 

This bill aims to address this issue by establishing the Auto Body Labor Rate Advisory Board to create, implement, and oversee an annual survey regarding auto body labor rates – in addition to requiring the Commissioner of Insurance to set the minimum hourly labor rate of $55. 

Auto insurers’ refusal to pay a labor rate of more than $40 over the past 30 years in Massachusetts has caused real pain in the collision repair industry. Massachusetts auto body shops are struggling to find employees, and customers are struggling to find places to repair their vehicles. If passed, this legislation will help address these issues.

An Act investigating the economic impact of certain Massachusetts laws

This legislation would create a commission to investigate the economic impact of the Commonwealth’s minimum pricing laws on businesses and residents. The commission will be tasked with analyzing the potential for beneficial economic impact from the Commonwealth’s minimum pricing laws and determine, if appropriate, whether certain minimum pricing laws should be adjusted to better assist businesses within the Commonwealth.

After World War II, many minimum pricing laws were originally instituted as protections to prevent wholesalers and retailers from using certain products as “loss leaders.” Despite the length of time these laws have been in place, the Commonwealth’s minimum pricing laws, including regulations governing the same, have not been revisited or studied in years. As time has passed, technology and advances in federal law have had different impacts on minimum pricing laws, sometimes benefitting states and sometimes hurting them.   

An Act establishing local emergency management agencies

This bill would allow municipalities to establish Local Emergency Management Agencies which would be organized and run by a director appointed by a city’s Mayor or City manager, or a Town Manager or Town Administrator. The agency would have the authority to utilize and coordinate the services, equipment, supplies, and facilities of the town in response to an emergency. This legislation would only take effect in the case of a declaration of a state of emergency by the local municipal authority and would be superseded by any declaration made by the Governor.

An Act relative to oversight of the sex offender registry board

This legislation mandates that Sex Offender Registry Board and the State Police establish a memorandum of understanding to identify and locate offenders who failed to comply or could not be notified. The bill also requires the state police file an arrest warrant for any offender who violates the reporting requirements and expands the reporting requirements to include the state police and departments where the offender previously lived and worked. Finally, the bill also creates a new category of offenders, to be known as “Level Zero”, to be used to identify offenders who are appealing their classification. This would include individuals who avoid the notification efforts to delay their classification.  

Following a review by the State Auditor that found some offenders who were not being monitored, I filed this legislation to close gaps in enforcement. The largest group that escaped supervision abandoned their approved residences during the process of appealing their level of classification. Because of due process issues outlined by the SJC, SORB is unable to classify offenders under the existing level system during an appeal. By establishing a statewide standard for alerting law enforcement, we can encourage more consistent and effective handling of these offenders and that it will be much more difficult for individuals to fall through the cracks. 

An Act relative to the timely and consistent payment of law enforcement personnel

Many public construction projects require a police detail. While the laws on the use of police details are clear, the method of compensation is not; some awarding authorities require the contractor to pay for police details, others make the payments themselves. The awarding authority, who is responsible for the oversight and management of a project, including recordkeeping in connection with police details on the project, should likewise be responsible for handling the payment associated with those police details.    

This legislation clarifies that awarding authorities are responsible for handling the payment of police details on the project. Assigning responsibility in this manner ensures that awarding authorities are responsible and would guarantee payment for law enforcement personnel, improve bid pricing, allow for greater cost control and prevent certain project delays.  

An Act prohibiting real estate dual agency transactions

This bill would prohibit real estate brokers and salespeople from representing both the seller and buyer in a real estate transaction. This practice is commonly referred to as dual agency and 8 states across the U.S. have taken action to prohibit or restrict this type of real estate transaction. Per the Statutes of Frauds, these transactions must have written and signed consent by both parties represented by the dual agent. However, the dual agent is unable to fulfill their fiduciary duty to their client due to their duty of confidentiality.  

In recognition of the recent National Association of Realtors lawsuit settlement and the action taken in other states to provide an extra level of consumer protection, by prohibiting dual agency the hope is to ensure the fiduciary duty of the agent is fully fulfilled — supporting all consumer’s right to protection.

An Act relative to the Massachusetts Fire Training Council

This bill would update Massachusetts law regarding Massachusetts Fire Training Council eligibility to include “at large” fire departments rather than only “full call” fire departments, allowing more fire chiefs to participate.

Currently, only Fire Chiefs of “full call” departments are eligible to sit on the MA Fire Training Council, making the pool of candidates for this position very slim. This change would allow Fire Chiefs who are not considered full time to be eligible to sit on the Council to more efficiently fulfill their responsibility and better represent the fire departments across the Commonwealth as a whole.

An Act relative to custom-built heavy duty vehicles sold in the Commonwealth

This bill is purposefully narrow in scope and simply applies the language of the original Right-to-Repair law, passed in 2013, to the adopted Right-to-Repair Telematics law. The requirements of the original 2013 law apply to heavy-duty vehicles, however, heavy-duty vehicles were not included in the Right-to-Repair amendments that passed in November 2020. The stated issue with custom-built heavy duty vehicles is their unique component assembly, which is not the case with vertically integrated companies such as passenger car manufacturers. To address this matter, the proposed bill simply adds a provision that mirrors the language of the original law to include heavy duty vehicles that are built to custom specifications and sold in the commonwealth for commercial purposes.