Bill S.2241 187th (2011 - 2012)

Clerk #1

WITHDRAWN

ADOPTED
Clerk #2

Supplier Diversity Office

Mr. Rush moves to amend the bill (Senate, No. 2241) by adding a new section:-

“Section 2A.  Subsection (f) of section 61 of chapter 7 of the General Laws is hereby amended in line 30 by striking out the word “bank” and inserting in place thereof the words:- “lending institutions”

ADOPTED
Clerk #3

Service-Disabled Veteran-Owned Small Businesses

Mr. Rush moves to amend the bill (Senate, No. 2241), in section 3, by striking the first sentence and inserting in place thereof the following:-
“(i½) SDO shall promulgate regulations to encourage and facilitate participation on public projects for service-disabled veteran-owned small businesses interested in and capable of providing construction and design services on public construction and design projects.”

ADOPTED
REDRAFT Clerk #4

Department of Defense Educational Opportunities

Mr. Michael O. Moore moves to amend the bill (Senate, No. 2241), in section 5, in subsection (a) of proposed section 42 of chapter 15A by adding after the second sentence the following sentence:-
“The council may also develop and adopt a written policy requiring each public institution of higher education to develop a set of policies and procedures to standardize credit-by-exam equivalencies for exams funded through the department of defense.”

Clerk #5

WITHDRAWN

ADOPTED
Clerk #6

Assisted Living Facilities

Ms. Chandler moves to amend the bill, ( Senate, No. 2241) in section 15, in line 633, by adding after the word “home” the following words: “or assisted living facility”, in line 635 by adding after the word “homes” the following words: “or assisted living facilities”, and in line 639 by adding after the word “home” the following words: “or assisted living facility”

Rejected
Clerk #7

Public Forest and Beach Fees Exemptions

Mr. Ross moves to amend the bill (Senate, No. 2241) by inserting, after Section XX, the following sections:-

“Section XX. Chapter 21 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, after section 3E, the following section:- Veterans, as defined by clause 43, section 7 of chapter 4, shall not be required to pay charges and fees, including day-use parking fees and recreation visitor fees, for entrance to public forest lands and public beaches under the control and care of the department of conservation and recreation.”

 “Section XX. Section 2D of chapter 132A is hereby amended by striking out, in line 16, the words ‘disabled veteran’ and inserting in place thereof the following words:- Veterans, as defined by clause 43, section 7 of chapter 4.”.

ADOPTED
3nd REDRAFT Clerk #8

ACTIVE DUTY SERVICE MEMBER SECURITY

Mr. Knapik moves to amend the bill (Senate, No. 2241) by adding the following new sections:-

SECTION 20.  The court administrator shall, in consultation with the department of veteran services and the department of children and families, conduct a study and make recommendations relative to legal or physical custody or parenting time during the time a parent is on active military duty.  Said study shall include a review of any recommendations provided for by the department of defense, and include an analysis of prohibitions on permanent custody orders during deployment, limitations on the use of past and/or future deployment in making custody determinations, and other protections, including but not limited to expedited custody hearings, delegated custody rights, and electronic testimony and visitations.  The court administrator shall file a report with recommendations to the joint committee on the judiciary, the joint committee on veterans and federal affairs by June 1, 2013. 

ADOPTED
Clerk #9

Facilitating Professional Licenses

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2241) by inserting after section 8 the following section:-

“SECTION __.  Chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 1A the following new section:-

Section 1B. (a) The director and each of the boards of registration and examination under the director’s supervision, shall upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the armed forces, as defined in clause 43 of section 7 of chapter 4; or the United States military reserves toward the qualifications required to receive the license or certification in question.

(b) The commissioner of public health and each of the boards of registration and examination under the commissioner’s supervision, shall upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the armed forces, as defined in clause 43 of section 7 of chapter 4, or the United States military reserves toward the qualifications required to receive the license or certification in question.

(c) Notwithstanding any general or special law to the contrary, if a licensee or certificate holder, pursuant to chapter 112, is engaged in active service in the armed forces of the United States, as defined in clause 43 of section 7 of chapter 4, the license or certification held by a licensee or certificate holder shall remain valid until the licensee or certificate holder is released from active duty and for a period of not less than 90 days following said release.

(d) Notwithstanding any general or special law to the contrary, the commissioner of public health and each of the boards of registration and examination under the supervision of the commissioner, shall upon presentation of satisfactory evidence by an applicant for certification or licensure, expedite the issuance of a license or certification to a person: (i) who is certified or licensed in a state other than Massachusetts, (ii) whose spouse is a member of the armed forces in the United States; (iii) whose spouse is a the subject of a military transfer to Massachusetts; and (iv) who left employment to accompany the person’s spouse to Massachusetts. The procedure shall include, but shall not be limited to: (v) issuing the person a license or certificate, if, in the opinion of the department, the requirements for licensure or certification of such other state are substantially equivalent to that required in Massachusetts; or (vi) issuing the person a temporary license or certificate to allow the person to perform services while completing any specific requirements that may be required in Massachusetts but were not required in the state in which the person was licensed or certified.

(e) Notwithstanding any general or special law to the contrary, the director and each of the boards of registration and examination under the supervision of the director, shall upon the presentation of satisfactory evidence by an applicant for certification or licensure, expedite the issuance of a license or certification for a person: (i) who is certified or licensed in a state other than Massachusetts; (ii) whose spouse is a member of the armed forces in the United States; (iii) whose spouse is the subject of a military transfer to Massachusetts; and (iv) who left employment to accompany their spouse to Massachusetts. The procedure shall include, but not be limited to: (i) issuing said person a license or certificate, if, in the opinion of the department, the requirements for licensure or certification of such other state are substantially equivalent to those required in Massachusetts; or (ii) issuing said person a temporary license or certificate to allow said person to perform services while completing any specific requirements that may be required in Massachusetts but were not required in the state in which said person was licensed or certified.”; and

by inserting after section 13 the following section:-

“SECTION __.  Chapter 147 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 61 the following section:-

Section 62. (a)  The commissioner shall coordinate and adopt a uniform policy within the department to, upon presentation of satisfactory evidence by an applicant for certification or licensure under the authority of the department, accept education, training, or service completed by an individual as a member of the armed forces, as defined in clause 43 of section 7 of chapter 4, or the United States military reserves toward the qualifications required to receive the license or certification in question.

(b) Notwithstanding any general or special law to the contrary, if a licensee or certificate holder, who received a license or certificate under the authority of the department, is engaged in active service in the armed forces of the United States, as defined in clause 43 of section 7 of chapter 4, the license or certification held by a licensee or certificate holder shall remain valid until the licensee or certificate holder is released from active duty and for a period of not less than ninety days following said release.

(c) Notwithstanding any general or special law to the contrary, the commissioner shall establish a procedure within the department to, upon the presentation of satisfactory evidence by an applicant for certification or licensure under the authority of the department, expedite the issuance of a license or certification for a person: (i) who is certified or licensed in a state other than Massachusetts; (ii) whose spouse is a member of the armed forces in the United States; (iii) whose spouse is the subject of a military transfer to Massachusetts; and (iv) who left employment to accompany their spouse to Massachusetts. The procedure shall include, but not be limited to: (i) issuing said person a license or certificate, if, in the opinion of the department, the requirements for licensure or certification of such other state are substantially equivalent to those required in Massachusetts; or (ii) issuing said person a temporary license or certificate to allow said person to perform services while completing any specific requirements that may be required in Massachusetts but were not required in the state in which said person was licensed or certified.”.

ADOPTED
Clerk #10

MASSACHUSETTS MILITARY FAMILY RELIEF FUND

Mr. Tarr moves to amend the bill (Senate, No. 2241), in Section 4, in line 24, by inserting after the words “Gold Star Families,” the following:- “or service members deceased in relation to their military service”.

ADOPTED
Clerk #11

RECOGNIZING THOSE IN MILITARY SERVICE

Mr. Tarr moves to amend the bill (Senate, No. 2241) by inserting at the beginning thereof the following Section:-

“SECTION__. Section 7 of Chapter 4 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-
Fifty-ninth, “Active Duty” as used in Section 2 of Chapter 90 shall mean full-time duty in active military service of the army, navy, marine corps, coast guard or air force of the United States, but shall not include active duty being served for the purpose of training as a reservist in the  army national guard or air national guard.”; and

by inserting at the end thereof the following section:-

“SECTION__. Section 2 of Chapter 90 of the General Laws, as so appearing, is hereby amended by inserting, as a new paragraph, after the word “registration.” in line 423 the following language:-

The registrar shall furnish, upon request, to owners of private passenger motor vehicles and motorcycles who are residents of the state and serving in active duty as defined in clause Fifty-nine of section seven of chapter four and upon presentation of evidence deemed satisfactory by the registrar, a distinctive emblem to be affixed to the plate that identifies the branch of the armed services in which such owner serves. The registrar may charge a fee directly attributable to the cost of issuance of such emblem, provided however that this fee shall not exceed $35.  Any member of the armed forces who is dishonorably discharged shall return such plates to the registrar not later than thirty days after such discharge. The registrar shall not renew the license plate of a dishonorably discharged armed forces member until confirming that the distinctive emblem is not affixed to the plate.”

ADOPTED
Clerk #12

Disabled Veteran Active Duty Tax Exemption

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2241) by inserting after section 7 the following section:-

“SECTION __.  Clause twenty-second A of section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following sentence:-
No person who has received an exemption under this clause shall be denied the benefit of said exemption because such person returns to active service.” 

Rejected
Clerk #13

Service-Disabled Veteran Owned Small Businesses

Messrs. Richard T. Moore and Tarr move to amend the bill (Senate, No. 2241) by inserting at the end thereof the following new sections:-

SECTION __. Section 40N of Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended, in line 11, after the word “business”, by striking out the word “and” and inserting in place thereof: “,”

; and further, in line 11, by inserting after the word “businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 14, by inserting after the word “market”, the following: “; (6) minority, women and veterans business enterprises frequently face special handicaps and problems in achieving viable economic status; (7) the commonwealth is committed to creating a culture of inclusion that values and promotes non-discrimination, equal opportunity and diversity in all aspects of Commonwealth employment, business, programs, activities, and services”
 
; and further, in line 14, by inserting after the word “end,”, the following: “and in accordance with the powers and duties of the supplier diversity office, as set forth in section 61 of chapter 7,”

; and further, in line 14, after the word “minority”, by striking out the word “and” and inserting in place thereof: “businesses,”

; and further, in line 15, by inserting after the word “businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 21, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place thereof: “,”

; and further, in line 21, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 58, by inserting after the word “project.”, a new paragraph as follows: ““Service-Disabled Veteran-Owned Small Business”, a business that is verified by the federal government’s Department of Veterans Affairs pursuant to the Veterans Benefits, Health Care, and Information Technology Act of 2006, Pub. L. 109-461, the procurement program for verified service-disabled veteran-owned small businesses or veteran-owned small businesses, and determined to be a service-disabled veteran-owned small business concern in accordance with 38 CFR Part 74 and Pub. L. 111-275.”

; and further, in line 64, by inserting after the word “commonwealth;”, a new paragraph as follows: ““Supplier diversity office” or “SDO”, shall have the same meaning as found in section 58 of chapter 7.”

; and further, in line 75, after the words “director of the”, by striking out the words “state office of minority and women business assistance, may” and inserting in place thereof: “supplier diversity office, shall”

; and further, in line 77, after the words “minority-owned”, by striking out the word “and” and inserting in place there of: “businesses,”

; and further, in line 78, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 80, after the words “minority-owned”, by striking out the word “and” and inserting in place there of: “businesses,”

; and further, in line 80, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 81, by inserting after the words “building projects”, the following: “; and, in no case shall the participation goals established for service-disabled veteran-owned small businesses be lower than the greater of the participation goals established for minority-owned and women-owned businesses”

; and further, in line 82, after the words “minority-owned business”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 83, by inserting after the word “business”, the following: “and service-disabled veteran-owned small business”

; and further, in line 84, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 84, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 89, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 89, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses; however, in no case shall the participation goals established for service-disabled veteran-owned small businesses be lower than the greater of the participation goals established for minority-owned and women-owned businesses”

; and further, in line 89, after the word “the”, by striking out the words “state office of minority and women business assistance” and inserting in place thereof: “supplier diversity office”

; and further, in line 92, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 92, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 94, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 94, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses” ;

; and further, in line 95, after the word “of”, by striking out the word “SOMWBA” and inserting in place thereof: “SDO”

; and further, in line 100, after the word “of”, by striking out the words “state office of minority and women business assistance” and inserting in place thereof: “the supplier diversity office”

; and further, in line 101-102, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 102, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 108, by inserting after the word “year.”, the following: “The participation goals established for service-disabled veteran-owned small businesses shall be no less than the greater of the participation goals established by the supplier diversity office for minority-owned and women-owned businesses for contracts awarded for capital facility projects and state assisted building projects in the calendar year.”

; and further, in line 110, after the words “minority-owned businesses”, by striking out the words “and for” and inserting in place there of: “,”

; and further, in line 110, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 112, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 113, by inserting after the word “businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 115, after the words “minority owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 115, by inserting after the words “women owned businesses,”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 119, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 120, by inserting after the word “businesses,”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 121, after the words “director of the”, by striking out the words “state office of minority and women business assistance” and inserting in place thereof: “supplier diversity office”

; and further, in line 124, after the words “minority-owned business”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 125, by inserting after the word “business,”, the following: “and service-disabled veteran-owned small business”

; and further, in line 125-126, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 126, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 134, after the words “program, the”, by striking out the words “state office of minority and women business assistance” and inserting in place thereof: “supplier diversity office”

; and further, in line 147, after the word “the”, by striking out the words “state office of minority and women business assistance” and inserting in place thereof: “supplier diversity office”

; and further, in line 155, after the words “minority owned business”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 155, by inserting after the words “women owned business”, the following: “and service-disabled veteran-owned small business”

; and further, in line 156, after the words “minority-owned”, by striking out the word “or” and inserting in place there of: “business,”

; and further, in line 156, by inserting after the words “women-owned business”, the following: “and service-disabled veteran-owned small business”

; and further, in line 159, after the words “minority-owned”, by striking out the word “and” and inserting in place there of: “businesses,”

; and further, in line 159, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”.

SECTION __. Section 61 of Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended, in line 29, after the word “minority”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 29, by inserting after the word “women”, the following: “and veteran”

; and further, in line 41-42, after the word “minority”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 42, by inserting after the word “women”, the following: “and veteran”

; and further, in line 42, after the word “minority”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 42, by inserting after the word “women”, the following: “and veteran”

; and further, in line 57, after the word “persons”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 57, by inserting after the word “women”, the following: “and veterans”

; and further, in line 80, after the words “minority-owned”, by striking out the word “and” and inserting in place there of: “businesses,”

; and further, in line 80, by inserting after the word “businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 82-83, after the words “minority-owned”, by striking out the word “and” and inserting in place there of: “business,”

; and further, in line 83, by inserting after the word “business”, the following: “and service-disabled veteran-owned small business”

; and further, in line 84-85, after the word “minority-owned business”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 85, by inserting after the words “women-owned business”, the following: “and service-disabled veteran-owned small business”

; and further, in line 86, after the word “businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 87, by inserting after the word “businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 104, after the words “minority owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 104, by inserting after the words “women owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 109, after the words “minority owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 109, by inserting after the words “women owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 114, after the words “women-owned businesses”, by striking out the words “or both” and inserting in place there of: “, service-disabled veteran-owned small businesses, or all three”

; and further, in line 116, after the words “minority-owned businesses”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 116, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”

; and further, in line 118, by inserting after the word “factors”, the following: “and in no case shall the participation goals established for service-disabled veteran-owned small businesses be lower than the greater of the participation goals established for minority-owned and women-owned businesses”

; and further, in line 132, after the words “minority owned business”, by striking out the word “and” and inserting in place there of: “,”

; and further, in line 132, by inserting after the words “women owned business”, the following: “and service-disabled veteran-owned small business”

; and further, in line 133, after the words “minority-owned”, by striking out the word “or” and inserting in place there of: “business,”

; and further, in line 133, by inserting after the words “women-owned business”, the following: “or service-disabled veteran-owned small business”

; and further, in line 136, after the words “minority-owned”, by striking out the word “and” and inserting in place there of: “businesses,”

; and further, in line 136, by inserting after the words “women-owned businesses”, the following: “and service-disabled veteran-owned small businesses”.

Clerk #14

WITHDRAWN

ADOPTED
Roll Call #173
[YEAS 38 to NAYS 0]
Clerk #15

Property Tax Relief for Volunteer Veterans

Mr. Richard T. Moore moves to amend the bill (Senate, No. 2241) by inserting at the end thereof the following new sections:-

SECTION __.  Chapter 59 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after Section 5M, the following new section:-

Section 5N. In any city or town which accepts the provisions of this section, the board of selectmen of a town or in a municipality having a town council form of government, the town council or the mayor with the approval of the city council in a city may establish a program to allow persons who are veterans, as defined in clause forty-third of section 7 of chapter 4, to volunteer to provide services to such city or town.  In exchange for such volunteer services, the city or town shall reduce the real property tax obligations of such veteran on his tax bills and any reduction so provided shall be in addition to any exemption or abatement to which any such person is otherwise entitled and no such person shall receive a rate of, or be credited with, more than the current minimum wage of the commonwealth per hour for services provided pursuant to such reduction nor shall the reduction of the real property tax bill exceed $750 in a given tax year.  It shall be the responsibility of the city or town to maintain a record for each taxpayer including, but not limited to, the number of hours of service and the total amount by which the real property tax has been reduced and to provide a copy of such record to the assessor in order that the actual tax bill reflect the reduced rate.  A copy of such record shall also be provided to the taxpayer prior to the issuance of the actual tax bill.  Such cities and towns shall have the power to create local rules and procedures for implementing this section in any way consistent with the intent of this section.  Nothing in this section shall be construed to permit the reduction of workforce or otherwise replace existing staff.

In no instance shall the amount by which a person's property tax liability is reduced in exchange for the provision of services be considered income, wages, or employment for purposes of taxation as provided in chapter 62, for the purposes of withholding taxes as provided in chapter 62B, for the purposes of workers' compensation as provided in chapter 152 or any other applicable provisions of the general laws, but such person while providing such services shall be considered a public employee for the purposes of chapter 258, but such services shall be deemed employment for the purposes of unemployment insurance as provided in chapter 151A.

A city or town, by vote of its legislative body, subject to its charter, may adjust the exemption in this clause by: (1) allowing an approved representative, for persons physically unable, to provide such services to the city or town; or (2) allowing the maximum reduction of the real property tax bill to be based on 125 volunteer service hours in a given tax year, rather than $750.

ADOPTED
Clerk #16

Active Duty Civil Service

Mr. Richard T. Moore moves to amend the bill (Senate, No. 2241) by inserting at the end thereof the following new section:-

SECTION __. Section 58 of chapter 31 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting in line 24, after the word “examination”, the following:-

“; provided, however, that an applicant who was not twenty-one on or before the date of an original examination but has since reached his twenty-first birthday while serving on active military duty shall be eligible for any subsequent make up examination that is offered.”

CLERK #17

WITHDRAWN

Rejected
CLERK #18

Treatment Service

Ms. Clark moves to amend the bill (Senate, No. 2241), in section 14, by striking out, in line 613, the word “clinical”;

and in section 17, by inserting in after the word “services”, in line 681, the following words:- “and a faculty member at an institution of higher education with an expertise in veteran mental health assessment and treatment”;

and in section 18, by inserting after the word “services”, in line 689,  the following:-  “and a faculty member at an institution of higher education with an expertise in veteran mental health assessment and treatment”.