An Act relative to controlling and abusive litigation

This bill would prevent perpetrators of domestic violence from using litigation as a form of continued harassment. Controlling and abusive litigation is when someone uses the court system to exert power and control over a victim. Tactics of abusive litigation include taking the survivor, or their loved ones, to court again and again to maintain control, harass, intimidate, coerce, and impoverish the survivor.  

While the Massachusetts Legislature took up legislation regarding abuse and exploitation last session, this gap in our legal system was not addressed. This bill effectively corrects this injustice by defining the abuse in the general laws as well as provides a framework for the courts to use when a party is accused of abusive litigation and if they are found guilty.

An Act updating the Commonwealth's wiretap statutes

As Massachusetts general law currently stands, law enforcement may use a wiretap or a witness to record conversations only when the crime is linked to organized crime, and only when that organized crime narrowly includes “a continuing enterprise to supply illegal goods and services.” This is an extraordinarily limiting set of rules and circumstances, and they very often prevent the investigation and prosecution of many other serious crimes that fall outside of those definitions, such as hate crimes, civil rights violations, and illegal firearm trafficking. 

This legislation would amend the current wiretapping law, which was passed in 1968, to update the technologies covered by the law and expand the authority of law enforcement to use these capabilities to investigate crimes such as illegal firearm trafficking, hate crimes, and civil rights violations. This legislation would not change the extremely rigorous process a wiretap request must go through, including who may request and authorize a wiretap, as well as the existing factors and high bar of exhaustion that needs to be met in order to request a wiretap.

An Act relative to the establishment of the PFAS Public Safety Fund

PFAS, or Polyfluoroalkyl substances, is a class designation that includes nearly 10,000 chemicals used to make everyday items waterproof, fire-resistant, or non-stick. Even at low levels, the toxicity of PFAS chemicals can be devastating, increasing the risk of cancer, immunosuppression, birth defects, colitis, and other diseases. Compounding these dangers is the persistent nature of PFAS chemicals, known as “forever chemicals” for their resistance to breaking down in the environment. 

Occupational cancer is the leading cause of death for firefighters, caused by the dangerous conditions they face on the job and due to the exposure of these toxic forever chemicals from their equipment. Last session the Massachusetts legislature passed my bill, An Act relative to the reduction of certain toxic chemicals in firefighter personal protective equipment, which will ban manufacturers and sellers of personal protective equipment for firefighters will be prohibited from knowingly selling gear containing “intentionally-added PFAS” chemicals on January 1, 2027. This legislation would create a dedicated fund to support programs and grants related to researching, developing, and purchasing PFAS-free firefighter gear. 

An Act standardizing consideration of pets in divorce and separation

This bill would allow for the courts to consider the custody of a couple's pets upon separation, taking into account the best interest of the animal as well as any history of animal abuse or human violence. Traditionally, in divorce or separation proceedings, judges may divide property between parties, such as cars, furniture, and even the family pet. When determining ownership of a pet in divorce or separation proceedings, the judge will typically assign ownership of the pet to the party who initially paid for the animal’s adoption or purchase — this is a narrow evaluation that puts the animal’s well-being at risk and that particularly penalizes victims of domestic abuse, whose abusers often control finances and paperwork. 

New Massachusetts case law allows the court to enforce even-informal pet custody agreements between non-married partners: however, this does not address how a court handles non-married partners without any such agreement or any married couples in divorce and separation proceedings. This bill is intended to provide a consistent framework in statute for judges to use in determining ownership of a pet while ensuring enough flexibility for a judge to use their discretion in evaluating individual circumstances, and help protect the best interest of the family pet, protect survivors of family violence, and protect the emotional attachment between a pet and any children involved.  

An Act restricting the use of rodenticides in the environment

This bill would ban the use of the most destructive anticoagulant rodenticides, many of which pose a great threat to the biodiversity of the Commonwealth, starting on January 1st, 2027. It would also create a permitting process for limited and responsible use of anticoagulant rodenticides in certain public health emergencies.

Experts and advocates have established guidelines on best practices in using rodenticides to manage rodents without unintentionally harming the broader ecosystem, however it is more common that an anticoagulant agent is used. These rodenticides not only have hazardous run off, but their toxins can then be ingested by animals further up the food chain, negatively affecting the health of predator species, as well as be consumed by a domesticated animal simply by being on the ground.

This bill was derived from a law passed in California in 2021 and is co-filed with Representative Jim Hawkins.

An Act extending the civil statute of limitations for child abuse

A decade ago, the Massachusetts Legislature extended the statute of limitations on child sexual abuse. The amended law allows an individual at least 35 years after their 18th birthday to file civil actions against their abusers, and at least 7 years from their 18th birthday to file civil actions against those whose negligence contributed to the abuse. With this decision, the Legislature was recognizing that many individuals have trouble complying with short statutes of limitation due to the trauma associated with abuse, often causing them to delay disclosure until they are older. While this change has allowed many to seek restitution and justice they deserve, the change was made only in cases of child sexual abuse.  

This bill would extend the 2014 law to provide the longer statute of limitations to cover non-sexual child abuse, giving victims more time to hold their abusers accountable. Currently, the law omits many cases of non-sexual child abuse that can have similar traumatic impact on children – both in terms of long-term damage and delays in when the survivors feel ready and able to make their abuse public. Aligning these standards will allow thousands of survivors to better pursue the justice they deserve. 

An Act establishing an internal special audit unit within the Cannabis Control Commission

In response to the will of the voters, the Massachusetts Legislature created the Cannabis Control Commission (CCC), an independent agency modeled after the Massachusetts Gaming Commission. Despite being structured on a proven regulatory model, the CCC has struggled to effectively and efficiency execute on its regulatory mission. This bill would create an internal special audit unit within, but not subject to the control of, the CCC. This unit is modeled after existing internal special audit units, which currently exist to provide dedicated oversight of the MassDOT/MBTA, Executive Office of Health and Human Services, and the State Police.

The unit would be tasked with monitoring the quality, efficiency and integrity of the CCC programs and operations. The Unit would then make recommendations to the CCC on how it can improve its operations. In addition, the Unit would develop trainings for the CCC, including on how to conduct regulatory investigations. The bill also requires a memorandum of understanding between the CCC, the Massachusetts Department of Agricultural Resources, and the Department of Public Utilities to promote communication and collaboration between the agencies.

An Act to Maximize Participation in Federal Nutrition Programs and Improve Customer Service

SNAP is the most efficient and effective benefit program we have to address food insecurity, support local grocers, and stimulate the Commonwealth’s economy, especially because SNAP benefits are 100% federally funded and issued directly to families. However in recent months, struggling families have faced extraordinary barriers getting help from the Massachusetts Department of Transitional Assistance (DTA), SNAP’s issuing authority in MA. When SNAP for eligible families is delayed or denied, both they and their communities suffer.

The hope of this bill is to ensure SNAP applicants get their applications processed fast. This bill would require the Executive Office of Health and Human Services to submit a report specifying the resources DTA requires to assure timely participation by eligible households in federal nutrition assistance benefits administered by the department. This report will provide the department’s short and long-term goals for improving access to benefits, ensure timely customer service to eligible households, and provide the financial and other resources necessary for the department to reach those goals. As the state loses federal dollars, we must ensure all funds are being utilized in the most efficient and effective ways possible.

Resolve establishing a sexual assault counselor certification task force

This bill would establish a task force to review and update curriculum and training of rape crisis center employees or volunteers and to examine the feasibility of providing continuing education and college credits with the completion of training programs. The task force’s scope includes fees and costs associated with certification and licensure for rape crisis centers and professionals.

Currently, the Commonwealth contracts with 17 providers across the state to deliver rape crisis center service. Through contractual obligations, these organizations can be held to high standards, however there is no mechanism to do so with non-contracted individuals and organizations. This legislation is critical to ensure that anyone claiming to be a physician, nurse, social worker, or mental health counselor and providing services to survivors of sexual assault has met minimum training requirements and credentials associated with the title to protect these individuals who are already dealing with the trauma of sexual violence. 

An Act relative to police interactions with persons on the autism spectrum

This bill would require all law enforcement officers, including correctional officers, to undergo training for interactions with individuals on the autism spectrum to ensure that those hired to protect and these individuals are properly educated on how to handle any high-pressure situation they may be in during the course of their career. While the police reform bill signed during the 191st session by former Governor Charlie Baker was a monumental step in making the Commonwealth safer for all, currently training is only done for new correctional officers. This lack of training could have catastrophic results as corrections officers are responsible for the custody of individuals with intellectual and developmental disabilities on a daily basis.

An Act relative to crumbling concrete foundations

This bill would establish a crumbling concrete relief fund to be used by Bay Staters whose homes are affected by the presence of pyrrhotite. Pyrrhotite, a naturally occurring iron sulfide mineral that expands when exposed to water and oxygen, can cause concrete to crack, disintegrate, and fail. The bill also establishes a working group to make recommendations for regulatory and legislative changes necessary to comprehensively address the remediation of residential property foundations that have deteriorated due to the presence of pyrite or pyrrhotite.

This mineral makes its way into the aggregate used to make concrete and has been the root cause for the concrete foundations of residences to fail prematurely. The average cost to replace a residential home foundation is between $60,000 and $400,000. This bill is intended to ensure that the homeowner is not responsible for the costs associated with a deteriorating foundation due to the presence of pyrrhotite.

An Act to update Nicky's Law to protect individuals with disabilities in MassHealth day habilitation programs

This bill would expand Nicky’s Law to require MassHealth Day Habilitation providers to use the abuse registry established by the original legislation — signed into law in 2020 by former Governor Baker — that I filed during the 191st session.

Nicky’s Law established a registry of care providers found guilty of registrable abuse after Nicky Chan, a young man with a disability, was abused by an employee at a day program he attended. Because no registry existed, this employee, and the witness who never reported the abuse, were able to find employment at another agency. This bill will ensure no individual with a disability will be subject to abuse while receiving services from a MassHealth Day Habilitation program.

An Act protecting personal identifying information

This legislation updates the definition of “personal information” in Massachusetts’ data security law safeguarding sensitive information to include an individual's date of birth. By adding this protection to law, this personal information cannot be shared by state agencies, ensuring no aspects of one’s privacy are violated.

An Act relative to smoking cessation agents

This legislation allows a licensed pharmacist to prescribe and dispense smoking cessation agents. Before dispensing smoking cessation agents, a pharmacist shall complete a training program approved by the Commissioner of the Department of Public Health on proper documentation, quality assurance, and referral to additional services, including recommendation that the patient follow-up with a medical practitioner.

By allowing pharmacists to prescribe these products, we can lower barriers to treatment on the path of those attempting to get and remain tobacco free. 

An Act relative to improving sexual violence survivor protections

This legislation aims to strengthen protections for survivors of sexual violence. This bill would ensure that survivors have the choice to remain anonymous if they choose to have a Sexual Assault Evidence Kit done by law enforcement, as well as decide to have it stored and preserved by the law enforcement agency during the duration of the statute of limitations. Additionally, the bill ensures the protection of an anonymous sexual assault survivor’s DNA within the kit from being used to prosecute the survivor in an unrelated investigation.

The act of getting a Sexual Assault Evidence Kit can be a traumatic experience for a survivor, who was courageous enough to come forward and report their sexual violence to law enforcement. While they may not choose to seek legal action at that time, we have a duty and an obligation to provide survivors with the necessary means to seek justice when they are ready and to make sure all of their evidence is treated with the respect and care that it deserves.

An Act protecting safety net access for Massachusetts residents

In March 2020, the Worcester office for the Department of Transitional Assistance moved to a new location on the southeast side of the city of Worcester. Prior to the move, the office was located in downtown Worcester – a central location for the region’s residents and easily accessible by many forms of public transportation. While the move provided the needed new space, the new location created significant challenges for those who rely on the office, including single parents, families with small children, and low-income residents – many of whom do not have reliable access to a car. 

Under this legislation, strict benchmarks must be met before closing or moving community service offices, including: 

• At least 120 days for legislators, local leaders, and the community to comment 

• Detailed data, proposals, and plans for how the closure or relocating of the office affects the community and how low-income and underserved residents will be able to access the next closest location 

An Act to promote safety, efficiency and accountability in transportation projects through public inspections

This legislation requires that public employees perform construction inspections on all surface transportation projects receiving state or federal funding. This will save the Commonwealth money since private sector engineers are paid at a much higher rate than public construction inspectors. But more importantly, this legislation provides a much-needed checks and balances system on private construction projects. 

An Act establishing a standing commission on operating under the influence and impaired driving

Effective training protocols can be used to assist our law enforcement in their responsibility to keep our roads safe, especially with the support of technological advancements. This bill was developed in conjunction with the Cannabis Control Commission to help the Commonwealth better address the effects of impaired driving. Specifically, the bill would establish a special commission to review all aspects of law enforcement’s ability to properly test impaired drivers on operating under the influence.  

While the mission of the Commission would extend to all impaired driving, it includes specific directives regarding the challenges of legalized marijuana. The Commission is directed to study the emerging scientific and medical tests, as well as consider the civil liberties of the driver, the socio-economic impacts of the testing, and the admissibility of evidence in court proceedings. As the cannabis industry grows, it is imperative that the dangers of driving impaired are taken seriously and that our law enforcement has the tools in place to keep our roads safe.   

An Act granting property tax exemptions to disabled veterans

Far too many Veterans are facing challenging circumstances that endanger their quality of life and threaten to push them out of our communities. One of the biggest drivers of financial uncertainty for many is the rising cost of housing. There are approximately 35,000 senior Veterans with a disability currently living in Massachusetts. Often relying on fixed income, these Veterans are extremely vulnerable to the rising property taxes. Disabled veterans are struggling to find affordable places to rent or buy, to keep up with the rising housing prices, or afford the financial costs associated with staying in their home.  

This bill is intended to support the group of Veterans who are most likely to struggle with property tax bills —senior veterans with permanent, service-connected disabilities — while limiting costs to the Commonwealth. The bill would create a new subsection in Massachusetts Law to allow disabled Veterans a property tax exemption equal to the percentage of the Veteran’s permanent, service-connected disability as determined by the US Department of Veterans Affairs. This language also requires the Commonwealth to reimburse municipalities for the amount of the tax which would otherwise have been collected.

Many of our Veterans have suffered devastating, life-changing injuries in connection with their military service and worrying about whether property taxes will prevent them from staying in their homes should be least of their concerns.

An Act Protecting Patients from Surprise Bills Related to Emergency Ambulance Service

This bill aims to protect those in need of emergency ambulance services by requiring health insurance carriers to directly and promptly pay ambulance service companies for emergency services rendered to a patient, even if they are not under a contractual agreement. The bill does not create an entitlement to coverage for ambulance services. However, it does also require the insured to assign their benefits to the ambulance company in order to facilitate payment, establishes payment rates equal to those established by municipalities, and authorizes municipalities to appeal to the commissioner of insurance for a municipally established ambulance rate increase that is in excess of the current Health Care Cost Benchmark.  

Currently, many people opt for ride share options or are taking public transportation if they need emergency health services due to the high cost of ambulance transport. This phenomenon is due to an unaffordable health care system on top of extreme economic pressures. As a result, by the time people receive help for their health emergency, it may be too late. Ambulances are equipped with medical supplies and personnel trained to respond and act in any health care situation. By providing this protection, we can enable more people to seek the resources available to them without worrying about the financial burdens associated with seeking care. 

This bill was filed last session by Senator Timilty.