SENATE . . . . . . . . . . . . . . No. 2325
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The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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SENATE, Thursday, June 9, 2016.
The committee on Ways and Means, to whom was referred the House Bill relative to housing, operations, military service, and enrichment (House, No. 4285),-- reports, recommending that the same ought to pass with an amendment striking out all after the enacting clause and inserting in place thereof the text of Senate document numbered 2325.
For the committee,
Karen E. Spilka
SENATE . . . . . . . . . . . . . . No. 2325
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The Commonwealth of Massachusetts
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In the One Hundred and Eighty-Ninth General Court
(2015-2016)
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SECTION 1. Chapter 6 of the General Laws is hereby amended by striking out section 71, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-
Section 71. The board of trustees of the Soldiers’ Home in Holyoke shall manage and control the Soldiers’ Home in Holyoke and all property, real and personal, of the commonwealth that is occupied or used by the home. In the management and control of the home, the board of trustees shall: (i) adopt reasonable rules and regulations governing outpatient treatment at, admission to and hospitalization in the home; and (ii) appoint a superintendent. The superintendent shall be the administrative head of the home. The superintendent shall, subject to the approval of the trustees, appoint and may remove a medical director, a treasurer and an assistant treasurer. The treasurer and assistant treasurer shall devote their full time and attention to the duties of their office. Section 49 of chapter 31 shall apply to the appointment of the treasurer and assistant treasurer. The medical director shall have responsibility for the medical, surgical and outpatient facilities and shall make recommendations to the superintendent regarding the appointments of all physicians, nurses and other medical staff. The superintendent shall also appoint and remove such other persons as the superintendent deems necessary for the proper and efficient operation of the facilities of the home.
SECTION 2. Section 16 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a Public Service Scholarship Program to provide scholarships: (i) to the children and widowed spouses of Massachusetts police officers, firefighters and correction officers who were killed or died from injuries received while in the performance of their duties, including authorized training duty; (ii) to the children of prisoners of war or of military or service persons missing in action; and (iii) to the children of veterans whose service was credited to the commonwealth and who were killed in action or otherwise died as a result of such service.
SECTION 3. Section 26 of chapter 31 of the General Laws, as so appearing, is hereby amended by inserting after the word “honor”, in line 25, the following words:- , distinguished service medal or silver star medal.
SECTION 4. Section 59 of chapter 33 of the General Laws, as so appearing, is hereby amended by striking out, in line 5, the word “annual” and inserting in place thereof the following words:- service in the uniformed services, annual.
SECTION 5. Subsection (a) of said section 59 of said chapter 33, as so appearing, is hereby further amended by adding the following sentence:- For the purposes of this section, “uniformed services” shall have the same meaning as defined in section 13.
SECTION 6. Said section 59 of said chapter 33, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following 2 subsections:-
(d) An employee of the commonwealth in a reserve component of the armed forces of the United States who is ordered to service for more than 30 consecutive days shall be paid the regular base salary as a public employee for each pay period of such military leave of absence, reduced by any amount received either from the United States or the commonwealth as base pay for military service performed during the same pay period. No such employee shall lose any seniority or accrued vacation leave, sick leave, personal leave, compensation time or earned overtime.
(e) An employee of a county, city or town which, by vote of its county commissioners, city council or inhabitants at a town meeting, has accepted this section or similar provisions of earlier laws, shall be entitled to the benefits and protections of this section or the benefits of the accepted earlier law.
SECTION 7. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out clause Twenty-second D and inserting in place thereof the following clause:-
Twenty-second D, Real estate to the full amount of the taxable valuation of real property of the surviving spouses of soldiers and sailors, members of the National Guard and veterans who: (i) during active duty service, suffered an injury or illness documented by the United States Department of Veterans Affairs or a branch of the armed forces which was a proximate cause of their death; or (ii) are missing in action with a presumptive finding of death as a result of active duty service as members of the armed forces of the United States; provided, however, that the real estate shall be occupied by the surviving spouse as the surviving spouse’s domicile; and provided further, that the surviving spouse shall have been domiciled in the commonwealth for the 5 consecutive years immediately before the date of filing for an exemption pursuant to this clause or the soldier or sailor, member of the National Guard or veteran was domiciled in the commonwealth for at least 6 months before entering service.
Such exemption shall be available until such time as the surviving spouse dies or remarries.
No real estate shall be exempt under this clause if it was conveyed to the surviving spouse to evade taxation. The amount of the exemption shall be borne by the commonwealth, and the state treasurer shall annually reimburse the city or town for the amount of the tax which otherwise would have been collected for this exemption.
SECTION 8. Said section 5 of said chapter 59, as so appearing, is hereby further amended by inserting after the word “paraplegics”, in line 866, the following words:- or have a disability rating of 100 per cent for service-connected blindness.
SECTION 9. The first paragraph of section 3 of chapter 115 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The mayor of each city, except Boston, and the board of selectmen of each town may appoint a veterans' agent who shall serve for a term of up to 3 years and shall be eligible for reappointment. The veterans’ agent may act for the mayor or the board of selectmen, as applicable, in the disbursement of veterans' benefits by the city or town; provided, however, that in each town having a part-time veterans' agent, the town clerk shall receive applications and assist applicants for veterans' benefits and shall submit the applications to the veterans' agent.
SECTION 10. Chapter 115A of the General Laws is hereby amended by adding the following section:-
Section 12. (a) There shall be within the department of veterans’ services an office of veterans’ homes and housing. The office shall serve as the principal agency for providing oversight of the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke. The commissioner of veterans’ services shall appoint an executive director of veterans’ homes and housing who shall have at least 5 years of management and healthcare experience. The duties of the executive director shall include, but not be limited to: (i) oversight of the office; and (ii) service as an advisor to the commissioner of veterans’ services on matters relative to veterans’ housing. The position of executive director shall be classified pursuant to 45 of chapter 30. The executive director may, with the approval of the commissioner of veterans’ services, appoint and remove any employees necessary to carry out the duties of the office. Unless otherwise provided by law, all such appointments and removals shall be made pursuant to chapter 31. The office shall: (1) coordinate and oversee implementation and enforcement of laws, regulations and policies relative to the veterans’ homes and other housing for veterans; and (2) investigate and make recommendations on best practices for providing housing for veterans. The executive director shall meet with the board of trustees of the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke jointly at least twice per calendar year.
(b) Annually, not later than November 1, the office shall submit a report to the general court on the state of the soldiers’ homes. The report shall include findings relative to: (i) the quality of care provided at the homes; (ii) the financial status of the homes; (iii) the uniformity of programs at the homes; (iv) the capital needs of the homes; and (v) the status of the United States Department of Veterans Affairs’ accreditation, including the efforts necessary to maintain compliance and the efforts necessary to become fully compliant with the department’s standards at each soldiers’ home. The report shall also include an analysis of activities of the office, including a summary of activities undertaken to implement uniform intake policies and procedures, patient and resident eligibility requirements and rate-setting functions between the Soldiers’ Home in Massachusetts and the Soldiers’ Home in Holyoke. The office shall submit the report to the governor and to the clerks of the senate and house of representatives and the clerks shall forward the report to the joint committee on veterans and federal affairs, the joint committee on public health and the joint committee on housing.
SECTION 11. The third paragraph of section 32 of chapter 121B of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- Notwithstanding any general or special law to the contrary, in communities where no low-income family housing was developed pursuant to chapter 200 of the acts of 1948, preference in admission shall be given to veterans for all scattered site housing units acquired by a local housing authority pursuant to chapter 705 of the acts of 1966.
SECTION 12. The fifth paragraph of said section 32 of said chapter 121B, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- In determining the net income for the purpose of computing the rent of a disabled veteran who is not able to work, a housing authority shall exclude amounts of disability compensation paid by the United States government for disability occurring in connection with military service in excess of $1800; provided, however, that such exclusion shall apply only to state-aided projects as provided in sections 35 and 36.
SECTION 13. Section 39 of said chapter 121B, as so appearing, is hereby amended by striking out the sixth paragraph and inserting in place thereof the following paragraph:-
Among persons who are eligible and qualified for housing pursuant to this section, a preference shall be given to veterans.
SECTION 14. Section 40 of said chapter 121B, as so appearing, is hereby amended by striking out paragraph (d) and inserting in place thereof the following paragraph:-
(d) In all housing for elderly persons of low income and handicapped persons of low income there shall be a preference in admission for eligible and qualified applicants who are veterans.
SECTION 15. Section 4 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "or ancestry” and inserting in place thereof the following words:- ancestry or status as a veteran.
SECTION 16. Section 17 of chapter 260 of the acts of 2006 is hereby repealed.
SECTION 17. Chapter 62 of the acts of 2014 is hereby amended by striking out section 29 and inserting in place thereof the following section:-
Section 29. (a) There shall be a Massachusetts post-deployment commission to make recommendations regarding the implementation of a program to support servicemembers transitioning to civilian life after deployment. The department of veterans’ services shall convene the commission.
(b) The commission shall consist of the secretary of health and human services or a designee from the executive staff of the executive office of health and human services, the secretary of veterans’ services or a designee, who shall serve as chair, 3 members of the senate, of whom 1 shall be a member of the joint committee on veterans and federal affairs, 1 shall be a member of the joint committee on mental health and substance abuse and 1 shall be appointed by the minority leader of the senate; 3 members of the house of representatives, of whom 1 shall be a member of the joint committee on veterans and federal affairs, 1 shall be a member of the joint committee on mental health and substance abuse and 1 shall be appointed by the minority leader of the house of representatives, the adjutant general of the national guard or a designee, the commissioner of the Massachusetts rehabilitation commission or a designee, the undersecretary of housing and community development or a designee, the secretary of labor and workforce development or a designee, the secretary of education or a designee, the president of Brave for Veterans, Inc., the executive director of Quabbin Mediation, Inc., the president of Soldier On, Inc. or a designee and 15 persons to be appointed by the governor, of whom 2 shall be members of the Home Base Program established by the Red Sox Foundation and Massachusetts General Hospital, 2 shall be veterans’ agents as defined in section 1 of chapter 115 of the General Laws, 2 shall be members of the Massachusetts Coalition for Suicide Prevention, 2 shall be members of the Massachusetts Psychological Association, 1 shall be a member of the board of directors of the Massachusetts Association of Realtors and 5 shall be persons chosen from a list of nominees submitted by each of the following organizations: the Massachusetts Coalition for Suicide Prevention, the Massachusetts Psychological Association Inc., Massachusetts Psychiatric Society, Inc., Massachusetts Association for Mental Health, Inc., Association for Behavioral Healthcare, Inc., Massachusetts Veterans’ Service Officers Association, Massachusetts Women Veterans’ Network, The Red Sox Foundation, Inc. and Massachusetts General Hospital Home Base Program, the Massachusetts Military Heroes Fund, Inc., the United States Department of Veterans Affairs, The Massachusetts Hospital Association, Inc., the Military Friends Foundation and The Massachusetts League of Community Health Centers, Inc.; provided, however, that 2 such members shall be veterans of Operation New Dawn, Operation Enduring Freedom or Operation Iraqi Freedom.
(c) The commission shall perform, and make recommendations pertaining to how best to operationalize and quantify, the following duties which may include, but shall not be limited to: (i) examining and evaluating the effectiveness of veterans’ suicide prevention policies; (ii) examining and evaluating the effectiveness of resilience training for veterans’ personnel; (iii) developing recommendations on ways in which veterans’ support service needs may be promptly assessed upon return from deployment; (iv) developing recommendations for methods by which the commonwealth may identify, evaluate and refer servicemembers returning to civilian life post-deployment for assistance with education, employment, healthcare, housing and other services; (v) providing recommendations for improving communication between mental health support services and veterans who may benefit from such services; (vi) developing recommendations for providing mental health counseling services to treat post-traumatic stress injuries for post-deployment veterans; and (vii) providing recommendations on improving health access assistance, including analyzing: (1) barriers prohibiting veterans from receiving coverage upon their residency in the commonwealth; (2) tools to educate active duty members who intend to reside in the commonwealth on their ability to acquire health care coverage in the commonwealth; (3) the resources available to military members to help afford coverage upon discharge; (4) the fluctuating income of servicemembers upon discharge; (5) the number of veterans who are discharged and, upon residency in the commonwealth, are without health care coverage; provided, however, that the council may form a subcommittee to implement this clause; and (6) the needs of women veterans relative to issues including, but not limited to, compensation, rehabilitation, outreach, health care, education and other issues facing women veterans in the community. The commission may hold public hearings to assist in the collection and evaluation of data and testimony.
(d) Appointments to the commission shall be made not later than October 1, 2016 and the commission shall hold its first meeting not later than November 1, 2016. The members of the commission shall elect a vice chair at the first meeting.
(e) The commission shall submit its findings and recommendations, including a detailed reentry program plan relative to service members who return to civilian life after deployment, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the senate and house of representatives, the house and senate committees on ways and means, the joint committee on veterans and federal affairs and the joint committee on mental health and substance abuse not later than September 17, 2017.
SECTION 18. Subsection (b) of section 32 of said chapter 62 is hereby amended by striking out, in line 1, the figure “16” and inserting in place thereof the following figure:- 17.
SECTION 19. Said subsection (b) of said section 32 of said chapter 62 is hereby further amended by inserting after the word “veterans”, in line 18, the following words:- ; the president of Soldier On, Inc. or a designee.
SECTION 20. Subsection (d) of said section 32 of said chapter 62 is hereby amended by striking out, in line 3, the words “April 30, 2015” and inserting in place thereof the following words:- January 30, 2018.
SECTION 21. Surviving spouses of soldiers, sailors, members of the National Guard and veterans shall be eligible for the exemption established in clause Twenty-second D of section 5 of chapter 59 of the General Laws without regard to whether the soldier, sailor, member of the National Guard or veteran died before or after the effective date of said clause Twenty-second D of said section 5 of said chapter 59; provided, however that the exemption shall only apply to tax years beginning on or after January 1, 2017.