Consolidated Amendment "A" to H4661

Consolidated Amendment A

Consolidated Amendment A

1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59

Mr. Michlewitz of Boston and others move to amend H.4661 by striking out section 1 and inserting in place thereof the following 2 sections:-

SECTION 1. Section 6A of chapter 2 of the General Laws, as appearing in the 2022 official edition, is hereby amended by adding the following 3 paragraphs:-

(h) In the event of the death of any military service member performing military duty under official orders, who is killed while in an active duty status, including, but not limited to, a member of the United States Army, United States Air Force, United States Coast Guard, United States Marine Corps, United States Navy, United States National Guard, United States Army Reserves and United States Space Force, and residing in the commonwealth, from the day of death until sunset of the day of interment, the flag of the commonwealth shall be flown at half-staff in accordance with such orders or instructions as may be issued by, or at the direction of, the governor.

(i) In the event the remains of a POW or a MIA are repatriated within the commonwealth, from the day of arrival within the commonwealth through the day of interment the flag of the commonwealth shall be flown at half-staff.

(j) Annually, on national POW/MIA recognition day, observed on the third Friday of September, from sunrise to sunset the flag of the commonwealth shall be flown at half-staff.

SECTION 1A. Section 34 of said chapter 2, as so appearing, is hereby amended by striking out, in line 2, the word “department” and inserting in place thereof the following words:- executive office.

And further amend the bill by inserting after section 7 the following section:-

SECTION 7A. Chapter 23K of the General Laws is hereby amended by inserting after section 20 the following section:-

Section 20A. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Limited slot machine establishment”, the premises owned or leased by a veterans’ organization for use by its members in good standing.

“Limited slot machine license”, a gaming license issued by the commission that permits a veterans’ organization to operate a gaming establishment with no table games and not more than 5 slot machines at a limited slot machine establishment.

“Limited slot machine licensee”, a veterans’ organization that holds a limited slot machine license for its limited slot machine establishment.

“Local licensing authority”, the local licensing authority in the city or town in which the limited slot machine establishment is located.

“Veterans’ organization”, any veterans’ organization that is: (i) incorporated by the Congress of the United States; and (ii) included in section 4E of chapter 9.

(b)(1) The commission may issue a limited slot machine license to veterans’ organizations in the commonwealth.

(2) A limited slot machine license shall only be issued to a veterans’ organization that: (i) has been organized and actively functioning as a veterans’ organization for not less than 5 years prior to being issued a license; (ii) has received the approval of the local licensing authority; and (iii) has been deemed suitable and qualified pursuant to regulations adopted by the commission pursuant to subsection (l).

(3) No limited slot machine license issued to a veterans’ organization pursuant to this section shall be transferred or assigned.

(c) A limited slot machine license issued by the commission pursuant to this section may be suspended or revoked at the discretion of the commission or upon written request to the commission by the local licensing authority. The suspension or revocation of a license issued pursuant to this section may be appealed by the limited slot machine licensee to the full commission, and the commission shall hear the appeal on the record. The decision rendered by the commission after the hearing shall be final and the licensee shall not be entitled to further review; provided, however, that in the case of a license revocation, the licensee shall be entitled to reapply for a license not less than 5 years from the date in which the final decision of the commission was issued.

(d) A limited slot machine licensee shall limit the promotion, operation of and access to slot machines to members in good standing of the veterans’ organization; provided, that no member of the veterans’ organization holding a limited slot machine license shall receive remuneration in any form for time or effort devoted to the promotion or operation of the slot machines. No member of the general public shall be permitted access to any slot machine in a limited slot machine establishment.

(e) The profits of any slot machines shall be the property of the limited slot machine licensee, and shall be used for charitable, fraternal or civic purposes, including, but not limited to, veterans’ benefits.

(f) A limited slot machine license issued pursuant to this section shall be valid for a period of 5 years. The commission shall establish procedures for application and renewal and may establish a fee for application or renewal not to exceed $500. Application and renewal fees shall be deposited into the Gaming Revenue Fund established in section 59.

(g) Each licensee shall keep accurate records and books showing: (i) the total amount of all monies deposited by members in good standing of the veterans’ organization who played the slot machines located in the limited slot machine establishment; (ii) the expenses incurred; and (iii) the name and address of each person receiving greater than $100 in winnings in a 24-hour period. A separate checking account shall be kept of receipts and expenditures. Money for expenses shall be withdrawn only by checks having preprinted consecutive numbers and made payable to a specific person or corporation. No check shall be made payable to cash. All monies expended for said charitable, fraternal or civic purposes shall be duly and accurately recorded as to specific amounts expended and the purposes for which said amounts were expended. Proceeds from the operation of the slot machines shall be kept in a separate bank account and the licensee shall file an annual report on or before December 31 of each year of the charitable, fraternal and civic disbursements made during the preceding year with the commission and the local licensing authority in such form as the commission may prescribe. Such annual report shall be a public record. The commission and the local licensing authority, or their duly authorized agents or representatives, shall at all times have access to the limited slot machine establishment, as well as the records and books of any licensee for the purpose of examining and checking the same.

(h) Each licensee shall file a return with the commission, on a form prepared by the commission, and shall pay therewith a tax of 5 per cent of the gross profits derived from the slot machines located in the limited slot machine establishment, which shall be deposited into the Gaming Revenue Fund established in section 59.

(i) No person under 21 years of age shall be permitted in the portion of any building or premises of the licensee during such time as a slot machine is being played.

(j) A limited slot machine establishment shall keep conspicuously posted on their premises a notice containing the following statement: “If you or someone you know has a gambling problem and wants help, call the Massachusetts Council on Gaming and Health on the Safer Gaming Education Line at 1-800-426-1234 or the Massachusetts Department of Public Health helpline at 1-800-327-5050.”

(k) Limited slot machine licensees shall only acquire slot machines from a person licensed as a gaming vendor under section 31.

(l) The commission shall, consistent with the public objectives of this chapter established in section 1, promulgate regulations for the implementation, administration and enforcement of this section including, without limitation, regulations that prescribe: (i) the method and form of application which an applicant for licensure shall follow and complete before consideration by the commission; (ii) the information to be furnished by an applicant for a limited slot machine license or for the renewal of a limited slot machine license; (iii) suitability standards for applicants for licensure pursuant to this section; (iv) the criteria for evaluation of the application for a limited slot machine license and qualifications for licensure pursuant to this section; (v) the information to be furnished by a veterans’ organization relating to the members of the veterans’ organization tasked with managing the slot machines; (vi) criteria for eligibility for licensure under this section; (vii) conditions on the operation and control of a limited slot machine establishment; and (viii) grounds and procedures for the revocation or suspension of a limited slot machine license.

And further amend the bill by striking out sections 9 and 10 and inserting in place thereof the following 2 sections:-

SECTION 9. Paragraph (h) of subdivision (1) of section 4 of chapter 32, as so appearing, is hereby amended by striking out the fourth subparagraph and inserting in place thereof the following subparagraph:-

Notwithstanding the provisions of this chapter or any other general or special law, rule or regulation to the contrary, a member in service of a retirement system as defined in section 1 shall be provided written notice by the retirement board upon entry into service that if they qualify as a veteran who served in the armed forces of the United States they shall be entitled to credit for active service in the armed services of the United States; provided, however, that such active service shall not be credited until such member, prior to or within 1 year of vesting pursuant to this chapter, has paid into the annuity savings fund of such system, in 1 sum or in installments, upon such terms and conditions as the board may prescribe, makeup payments, for each year of creditable service sought, of an amount equal to the 10 per cent of the regular annual compensation of the member when said member entered the retirement system; provided further, that such creditable service shall not be construed to include service for more than 4 years; and provided further, that such creditable service shall not be allowed for any period of active service for which said veteran has received credit pursuant to this paragraph . This paragraph shall apply to national guard and active reserve personnel, both former and present. Creditable service time, both enlisted and commissioned, may be applied toward retirement on a ratio of 5 years national guard service or 5 years active reserve service substitutable for each year of active service. National guard and active reserve personnel shall not be precluded from making said purchase should they qualify as a veteran after vesting or if they reach the maximum of 4 years of eligible service purchase subsequent to vesting and qualifying as a veteran; provided, that they enter into a purchase agreement within 5 years of the last occurring event.

SECTION 10. Section 67A of chapter 33 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Next of kin of a fallen service member may apply to the adjutant general for a medal of liberty, in a form prescribed by the adjutant general. There shall be within the application for the medal of liberty a notification that informs applicants of their eligibility to receive the medal of liberty license plate, pursuant to section 2 of chapter 90, free of charge upon approval of the application. The notification shall read as follows: IF YOU RECEIVE THE MEDAL OF LIBERTY, YOU ARE ENTITLED TO RECEIVE THE MEDAL OF LIBERTY LICENSE PLATE FREE OF CHARGE. APPLY AT https://www.mass.gov/doc/application-for-medal-of-liberty-plates.

And further amend the bill by inserting after section 11 the following section:-

SECTION 11A. Section 1 of chapter 60A of the General Laws, as so appearing, is hereby amended by striking out, in lines 101 to 103, inclusive, the words “medical advisory board established under section 8C of chapter 90 to be permanently disabled”, and inserting in place thereof the following words:- United States Department of Veterans Affairs to: (i) have a combined service-connected disability rating of 100 per cent; or (ii) be individually unemployable due to their service-connected disability.

And further amend the bill by inserting after section 23 the following section:-

SECTION 23A. The twenty-third paragraph of said section 2 of chapter 90, as so appearing, is hereby amended by adding the following sentence:- The registrar, in consultation with the adjutant general of the Massachusetts national guard, shall notify all past recipients of the medal of liberty, established pursuant to said section 67A of said chapter 33, of their eligibility for the medal of liberty license plate through a letter, which shall include the application for the medal of liberty license plate.

And further amend the bill by inserting after section 24 the following section:-

SECTION 24A. Section 33 of said chapter 90, as appearing in the 2022 Official Edition, is hereby amended by striking out paragraph (29) and inserting in place thereof the following paragraph:-

(29) No fee shall be exacted for the registration of any vehicle owned by a veteran who has been determined by the United States Department of Veterans Affairs to: (i) have a combined service-connected disability rating of 100 per cent; or (ii) be individually unemployable due to their service-connected disability, and no fee shall be exacted for the issuance to such disabled veteran of a license to operate such vehicle.

And further amend the bill by inserting after section 30 the following 2 sections:-

SECTION 30A. Subsection (b) of section 3 of chapter 111C of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out clause (26) and inserting in place thereof the following 2 clauses:-

(26) establish standards for determining the extent to which the education and training requirements of veterans and military medics of the United States armed forces are substantially equivalent to the course and training requirements of emergency medical technicians in the commonwealth and promulgate regulations for the waiver of any equivalent course or training requirement for certification completed by veterans and military medics of the United States armed forces seeking certification as an emergency medical technician in the commonwealth; and

(27) take any other action consistent with its role as state lead agency for EMS.

SECTION 30B. Said chapter 111C is hereby further amended by inserting after section 9A the following section:-

Section 9B. (a) The department may grant a waiver to veterans or military medics of the United States armed forces applying to be an emergency medical technician consistent with standards established pursuant to clause (26) of subsection (b) of section 3 if the completed courses or training required by the United States armed forces are substantially equivalent to training consistent with this chapter for emergency medical technicians.

(b) The applicant for a waiver pursuant to subsection (a) shall submit sufficient proof of completion of the substantially equivalent courses and training to the department.

(c) No veteran or military medic applying to be an emergency medical technician who has completed substantially equivalent emergency training with the United States armed forces, as determined by the department, shall be required to complete the same training for EMT certification or licensing in the commonwealth.

(d) The department shall issue a verification of emergency medical technician education and training equivalency if the department determines the completed courses or training required by the United States armed forces are substantially equivalent to training consistent with this chapter for emergency medical technicians.

And further amend the bill by inserting after section 46 the following section:-

SECTION 46A. Said chapter 115 is hereby further amended by inserting after section 2D the following section:-

Section 2E. (a) The secretary, in consultation with the secretary of labor and workforce development, shall create and distribute a veterans’ benefits and services notice.

(b) The veterans’ benefits and services notice shall include information regarding the services and resources available to veterans, including, but not limited to: (i) contact and website information for the executive office of veterans’ services and the United States Department of Veterans Affairs; (ii) substance abuse and mental health treatment resources; (iii) educational, workforce and training resources; (iv) tax benefits resources; (v) information about obtaining a veteran indicator on a state driver’s license or identification card; (vi) information about eligibility for unemployment insurance benefits under state and federal law; (vii) legal services resources; and (viii) contact information for the United States Department of Veterans Affairs Veterans Crisis Line.

(c) Every employer in the commonwealth with more than 50 full-time employees shall post the notice created pursuant to subsection (a) in a conspicuous location in the workplace accessible to employees and shall distribute the notice to each employee at the start of employment and on an annual basis.

And further amend the bill in section 115 by striking out the words, in lines 579 and 580, “and third paragraphs” and inserting in place thereof the following word:- paragraph.