SENATE DOCKET, NO. 1825        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2352

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael F. Rush

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act ensuring the fair treatment of military service members and veterans.

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PETITION OF:

SENATE DOCKET, NO. 1825        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2352

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act ensuring the fair treatment of military service members and veterans.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 1 of chapter 12A of the General Laws is hereby amended by inserting after the definition of “Contractor” the following definition:-

''Uniformed services'', shall have the same meaning as in 38 U.S.C. section 4303(16) and shall include: (i) the armed forces of the commonwealth, including the state defense force or similar organization composed as permitted by law; (ii) the state staff when engaged in duty under this chapter or Title 32 of the United States Code; or (iii) the armed forces of another state or territory when ordered to active duty under appropriate authority.

SECTION 2.  Said chapter 12A is hereby further amended by inserting after section 7 the following section:-

Section 71/2. (a) There shall be a veteran employment and reemployment rights division within the office of the inspector general to assist veterans and service members with employment disputes. There shall be within the division: (i) intake officers to serve as the designated initial point of contact for veterans and service members within the division; (ii) investigators to conduct the division’s formal inquiries or investigations, as necessary; and (iii) mediators to act as an intermediary between veterans and service members and employers.

(b) Under the direction of the office of the inspector general, the veteran employment and reemployment rights division shall: (i) employ intake officers to meet with veterans and service members, gather preliminary evidence and facts from the service member or veteran, and gather preliminary evidence on military service, employment, and reemployment; (ii) employ investigators to contact employers and military components for the purpose of gathering pertinent evidence; (iii) conclude whether there was improper conduct in violation of Sections 4301 to 4333, inclusive, of title 38 of the United States Code, the Uniformed Services Employment and Reemployment Rights Act or the General Laws; and (iv) employ mediators to contact the employer and veteran to offer mediation to resolve disputes and correct any improper conduct. 

(c) If mediation under this section is unsuccessful, the Office of the Inspector General shall refer the case to the attorney general for further action.