H878 An act regulating the sale and purchase of horses, pending before the House Committee on Agriculture
Background: there are no laws currently on the books in Massachusetts that regulate or protect the sale and purchasing of horses. This bill, intended to be a horse "lemon law," would require the department of agricultural resources and the attorney general to investigate current processes and issues with the sale of horses in the Commonwealth. After reviewing the current landscape, those entities are directed to promulgate necessary regulations to protect the seller and buyer of the animal, as well as the animal itself.
H879 An act protecting the rights of municipalities and districts, pending before the House Committee on Environment and Natural Resources
Background: This bill clarifies the definitions of “permit” and “registration statement” in the existing law on water management to reflect that the water management act (“WMA”) is meant to regulate all water uses. It also makes clear that all properly filed WMA registration statements shall entitle the registrants to their registered water use volumes without conditions and stipulates that no regulations may be promulgated that would allow the imposition of conditions.
H547 An act relative to special education finance, pending before the Joint Committee on Education
H548 An act relative to teacher preparation and certification, pending before the Joint Committee on Education
H550 An act relative to increasing access for vulnerable students, pending before the Joint Committee on Education
H551 An act updating the accuracy of membership to the state advisory council on early education and care, pending before the Joint Committee on Education
H549 An act relative to educator diversity, pending before the Joint Committee on Education
H1114 An act to add a compulsory death benefit to automobile liability insurance, pending before the Joint Committee on Financial Services
Background: Currently, the minimum amount of “bodily injury” insurance coverage used to compensate the families of those killed in fatal automobile accidents is no more than $20,000. unfortunately, this amount is not enough to provide any support to surviving family members once legal and medical fees are paid after death. This legislation is intended to add an additional “death benefit” to compulsory motor vehicle insurance, providing for insurance coverage of not less than $100,000 for the estate of any person killed by the negligence of the operator of a motor vehicle in cases where the decedent is survived by a minor child, a spouse, or dependent parents at the time of death. It is not intended to satisfy health insurance liens.
H1113 An act relative to real estate disclosure forms, pending before the Joint Committee on Financial Services
Background: The bill directs the attorney general’s office to promulgate regulations creating a standard disclosure form for all real estate transactions. Under the proposed section 115(b), real estate brokers and salespersons, as well as homeowner-sellers, would be required to disclose the existence of any of the stated defects known to them on the form prior to finalizing the sale of the property. States such as California and Texas already require sellers and brokers to fill out a disclosure form covering similar defects outlined in this bill.
H1111 An act relative to a dental patient bill of rights, pending before the Joint Committee on Financial Services
Background: This legislation, filed at the request of and in consultation with a large group of dentists and dental professionals in my district, would establish more transparency and patient knowledge of dental benefit plans provided by employers. current statute requires less transparency of employee-provided dental plans and insurance, leaving patients in confusion as they seek dental assistance. Patients frequently believe certain procedures are covered by insurance but find out after the care is provided that their plans did not cover what they just experienced, leading to enormous out-of-pocket expenses. This can discourage employees from selecting dental coverage offered by employers, oftentimes impacting those who can least afford dental care in the event of an emergency or necessary procedure. Greater understanding of what a patient can and cannot expect to have covered by their dental health plans will go a long way in increasing equity and providing our constituents with additional transparency as they make important decisions about their oral health.
H1110 An act relative to dental insurance assignment of benefits, pending before the Joint Committee on Financial Services
Backgrounds: Assignment of Benefits (“AOB”) is an agreement between patient and dentist specifying that the insurance company will pay the dentist directly without the patient having to pay for the treatment up-front and completely out-of-pocket. many insurance companies, however, do not recognize the AOB agreement and have policies that will only reimburse the patient directly after the patient pays up-front. this makes many procedures unaffordable for patients and drives a wedge between dentists and their patients. Additionally, insurance companies will only pay benefits to dentists if the dentists sign a contract to go “in-network” with an insurer and agree to slash their reimbursement by up to 40-50% of the customary rates for a given procedure. this forces patients from lower income backgrounds to search for the cheapest dentist, not necessarily the best dentist with the ability to use the latest technology and offer the best care. This bill protects AOB agreements and prevents manipulation by insurance companies, thereby leveling the playing field between patients, dentists and powerful insurers. multiple states have enacted similar legislation, including New Hampshire, Maine, and most recently Rhode Island.
H1112 An act relative to the Massachusetts uniform commercial code, pending before the Joint Committee on Financial Services
H1716 An act relative to the uniform voidable transactions act, pending before the Joint Committee on Judiciary
Background: Working closely with an attorney from my district, i drafted and filed this legislation to adopt the amendments to the uniform fraudulent transfer act promulgated by the Uniform Law Commission (the “ULC”) in 2014. The amendments would, among other things, rename the act as the “uniform voidable transactions act”, and substitute the word “voidable” for “fraudulent” throughout the act, to clarify that the elements of common law fraud need not be proven for the act to provide a remedy. The amendments also provide uniform burdens and standards of proof for an action under the act and a choice of law rule and would clarify certain defenses to actions under the act. Twenty-one states have adopted the amendments.
H1453 An act concerning furnishing transcripts of notes and fees, pending before the Joint Committee on Judiciary
Background: Because the fee structure for furnishing transcripts of notes and audio recordings taken at a trial or hearing is set under statute and has remained unchanged since 1988, the purpose of this act is to create parity between labor and cost, and for other purposes.
H1717 An act relative to nonprofit board member compensation, pending before the Joint Committee on Judiciary
H1934 An act to encourage employer supported childcare, pending before the Joint Committee on Labor and Workforce Development
H1933 An act providing for the self-certification of benefits for small businesses, pending before the Joint Committee on Labor and Workforce Development
H2098 An act relative to access to local journalism, pending before the Joint Committee on Municipalities and Regional Government
H2385 An act establishing a smart gun technology task force, pending before the Joint Committee on Public Safety and Homeland Security
H2248 An act to reduce lead poisoning in children, pending before the Joint Committee on Public Service
Background: Currently, Massachusetts law states that when an elevated lead level is found in children aged six or younger, there must be an immediate abatement or containment of lead in the premises where the child resides. This bill would eliminate criminal penalties for failure to de-lead owner-occupied dwellings without first proving that the lead in the dwelling caused elevated levels of lead in the blood of children residing at the premises. this bill would also require that more information be gathered about the source of the child’s elevated blood lead level before there is an order for the containment of lead at the child’s residence. Given the increased importation of goods from countries that do not maintain or enforce lead paint restrictions, there are now many potential sources of elevated lead levels, and we must ensure that the correct source is identified so that it can be remediated. the current statute has resulted in unfair criminal prosecution of parent homeowners as opposed to landlords, when there has been no connection between the elevated lead levels in the child and the inaccessible lead paint in the home.
H2630 An act relative to benefits for teachers, pending before the Joint Committee on Public Service
H2631 An act relative to the membership of the prim board, pending before the Joint Committee on Public Service
H2629 An act relative to the state retiree benefits trust fund board of directors, pending before the Joint Committee on Public Service
H2919 An act relative to property tax deferrals for seniors, pending before the Joint Committee on Revenue
Background: This legislation establishes more reasonable interest rates on the property taxes deferred under the senior citizen property tax deferral program, enabling more senior citizens to take advantage of the program, and freeing up money for important items such as medication, housing expenses and health care.
H2920 An act making senior citizen property tax relief more equitable, pending before the Joint Committee on Revenue
Background: Under current law (general laws chapter 62, section 6), Massachusetts residents with properties assessed at a value of $600,000 or more do not qualify for senior citizen property tax relief. This bill would allow senior citizen homeowners to apply for property tax relief as long as the assessed value of their property is at or below the median value of residential property in their municipality. This would ensure greater fairness for seniors as their eligibility for this program would be determined on a more equitable basis. seniors are typically on fixed incomes regardless of where they reside, and in many instances their home is in a community that became wealthier over the years that they lived there. being able to take advantage of property tax relief would enable these residents to spend more of their limited income on necessities like medication, food, and housing.
H2918 An act supporting small public charities, pending before the Joint Committee on Revenue
H2917 An act to continue tax basis rules for property acquired from decedents, pending before the Joint Committee on Revenue
Background: Currently, the decedents’ heirs are responsible for paying capital gains taxes on some of the pre-death capital gains on inherited appreciated property when sold, as well as the federal estate tax subjecting heirs to two levels of taxes. This bill would address the lack of any Massachusetts step-up tax rules for successors to decedents’ property resulting from the change in the federal basis rules of 2010. Currently, the decedents’ heirs are responsible for paying capital gains taxes on some of the pre-death capital gains on inherited appreciated property when sold, as well as the federal estate tax subjecting heirs to two levels of taxes. This bill would align Massachusetts law with the federal law to avoid this “double tax”."
H3079 An act promoting governmental efficiency, pending before the Joint Committee on State Administration and Regulatory Oversight
H3405 An act updating bicycle fines, pending before the Joint Committee on Transportation
Background: The goal of this legislation is to improve road safety for pedestrians, cyclists, and motorists. Under current statute (MGL c. 84, §11b), fines for any bicycle infraction are set at an amount of $20.00. The same statute grants bicyclists the right to use “all public ways” (other than state highways) and subjects cyclists to the “traffic laws and regulations of the Commonwealth.” The intent behind this statute is to ensure that bicyclists are observing and obeying the same traffic laws as motorists. we all know from media coverage and personal experience, however, that bicyclists routinely flout traffic laws and create dangerous situations on our roads. This legislation would bring the fines for bicycle-related traffic fines in line with those for motor vehicle violations, thereby creating more incentive for cyclists to follow the law and improving public safety.
H3406 An act regulating the posting of speed limits, pending before the Joint Committee on Transportation
Background: Under present law, drivers operating on roads maintained by the department of conservation and recreation are not protected by the same speed regulations found in MGL Ch.90, §.18. Roads maintained by DCR are exempt from traffic engineering studies, whereas state highways and municipal roads use traffic engineering studies to establish speed regulations. This legislation would require DCR to also complete traffic engineering studies, followed by speed limit adjustments on roads that are under DCR jurisdiction based on the study’s findings. This legislation would require DCR to also complete traffic engineering studies, followed by speed limit adjustments on roads that are under DCR jurisdiction based on the study’s findings."
H1234 An act relative to an individual Medicare marketplace option, pending before the Joint Committee on Health Care Financing
Background: The primary function of this legislation is to reform two sections of Massachusetts general laws (Chapters 32a and 32b) to implement an individual marketplace (“im”) option for state and municipal retiree health benefits. the bill modifies the statutory language by removing the requirement for group insurance for medicare-eligible retirees as a prerequisite, enabling individual marketplace coverage funded by the retiree’s former employer. Although allowed under current statute, the primary funding mechanism for this new option will be a health reimbursement arrangement. The goal of this legislation is simple: to save the state and municipalities billions of dollars on retiree health coverage by providing access to individual marketplaces that offer additional flexibility and choice to applicable retirees. This cost-effective alternative will provide equal, or even better, health benefits. the bill also contains specific language ensuring that retirees will be protected from future premium increases as they are similarly protected under the current program.
For more information on the bills, I’ve filed and co-sponsored this session, please click here.
Background: there are no laws currently on the books in Massachusetts that regulate or protect the sale and purchasing of horses. This bill, intended to be a horse "lemon law," would require the department of agricultural resources and the attorney general to investigate current processes and issues with the sale of horses in the Commonwealth. After reviewing the current landscape, those entities are directed to promulgate necessary regulations to protect the seller and buyer of the animal, as well as the animal itself.
H879 An act protecting the rights of municipalities and districts, pending before the House Committee on Environment and Natural Resources
Background: This bill clarifies the definitions of “permit” and “registration statement” in the existing law on water management to reflect that the water management act (“WMA”) is meant to regulate all water uses. It also makes clear that all properly filed WMA registration statements shall entitle the registrants to their registered water use volumes without conditions and stipulates that no regulations may be promulgated that would allow the imposition of conditions.
H547 An act relative to special education finance, pending before the Joint Committee on Education
H548 An act relative to teacher preparation and certification, pending before the Joint Committee on Education
H550 An act relative to increasing access for vulnerable students, pending before the Joint Committee on Education
H551 An act updating the accuracy of membership to the state advisory council on early education and care, pending before the Joint Committee on Education
H549 An act relative to educator diversity, pending before the Joint Committee on Education
H1114 An act to add a compulsory death benefit to automobile liability insurance, pending before the Joint Committee on Financial Services
Background: Currently, the minimum amount of “bodily injury” insurance coverage used to compensate the families of those killed in fatal automobile accidents is no more than $20,000. unfortunately, this amount is not enough to provide any support to surviving family members once legal and medical fees are paid after death. This legislation is intended to add an additional “death benefit” to compulsory motor vehicle insurance, providing for insurance coverage of not less than $100,000 for the estate of any person killed by the negligence of the operator of a motor vehicle in cases where the decedent is survived by a minor child, a spouse, or dependent parents at the time of death. It is not intended to satisfy health insurance liens.
H1113 An act relative to real estate disclosure forms, pending before the Joint Committee on Financial Services
Background: The bill directs the attorney general’s office to promulgate regulations creating a standard disclosure form for all real estate transactions. Under the proposed section 115(b), real estate brokers and salespersons, as well as homeowner-sellers, would be required to disclose the existence of any of the stated defects known to them on the form prior to finalizing the sale of the property. States such as California and Texas already require sellers and brokers to fill out a disclosure form covering similar defects outlined in this bill.
H1111 An act relative to a dental patient bill of rights, pending before the Joint Committee on Financial Services
Background: This legislation, filed at the request of and in consultation with a large group of dentists and dental professionals in my district, would establish more transparency and patient knowledge of dental benefit plans provided by employers. current statute requires less transparency of employee-provided dental plans and insurance, leaving patients in confusion as they seek dental assistance. Patients frequently believe certain procedures are covered by insurance but find out after the care is provided that their plans did not cover what they just experienced, leading to enormous out-of-pocket expenses. This can discourage employees from selecting dental coverage offered by employers, oftentimes impacting those who can least afford dental care in the event of an emergency or necessary procedure. Greater understanding of what a patient can and cannot expect to have covered by their dental health plans will go a long way in increasing equity and providing our constituents with additional transparency as they make important decisions about their oral health.
H1110 An act relative to dental insurance assignment of benefits, pending before the Joint Committee on Financial Services
Backgrounds: Assignment of Benefits (“AOB”) is an agreement between patient and dentist specifying that the insurance company will pay the dentist directly without the patient having to pay for the treatment up-front and completely out-of-pocket. many insurance companies, however, do not recognize the AOB agreement and have policies that will only reimburse the patient directly after the patient pays up-front. this makes many procedures unaffordable for patients and drives a wedge between dentists and their patients. Additionally, insurance companies will only pay benefits to dentists if the dentists sign a contract to go “in-network” with an insurer and agree to slash their reimbursement by up to 40-50% of the customary rates for a given procedure. this forces patients from lower income backgrounds to search for the cheapest dentist, not necessarily the best dentist with the ability to use the latest technology and offer the best care. This bill protects AOB agreements and prevents manipulation by insurance companies, thereby leveling the playing field between patients, dentists and powerful insurers. multiple states have enacted similar legislation, including New Hampshire, Maine, and most recently Rhode Island.
H1112 An act relative to the Massachusetts uniform commercial code, pending before the Joint Committee on Financial Services
H1716 An act relative to the uniform voidable transactions act, pending before the Joint Committee on Judiciary
Background: Working closely with an attorney from my district, i drafted and filed this legislation to adopt the amendments to the uniform fraudulent transfer act promulgated by the Uniform Law Commission (the “ULC”) in 2014. The amendments would, among other things, rename the act as the “uniform voidable transactions act”, and substitute the word “voidable” for “fraudulent” throughout the act, to clarify that the elements of common law fraud need not be proven for the act to provide a remedy. The amendments also provide uniform burdens and standards of proof for an action under the act and a choice of law rule and would clarify certain defenses to actions under the act. Twenty-one states have adopted the amendments.
H1453 An act concerning furnishing transcripts of notes and fees, pending before the Joint Committee on Judiciary
Background: Because the fee structure for furnishing transcripts of notes and audio recordings taken at a trial or hearing is set under statute and has remained unchanged since 1988, the purpose of this act is to create parity between labor and cost, and for other purposes.
H1717 An act relative to nonprofit board member compensation, pending before the Joint Committee on Judiciary
H1934 An act to encourage employer supported childcare, pending before the Joint Committee on Labor and Workforce Development
H1933 An act providing for the self-certification of benefits for small businesses, pending before the Joint Committee on Labor and Workforce Development
H2098 An act relative to access to local journalism, pending before the Joint Committee on Municipalities and Regional Government
H2385 An act establishing a smart gun technology task force, pending before the Joint Committee on Public Safety and Homeland Security
H2248 An act to reduce lead poisoning in children, pending before the Joint Committee on Public Service
Background: Currently, Massachusetts law states that when an elevated lead level is found in children aged six or younger, there must be an immediate abatement or containment of lead in the premises where the child resides. This bill would eliminate criminal penalties for failure to de-lead owner-occupied dwellings without first proving that the lead in the dwelling caused elevated levels of lead in the blood of children residing at the premises. this bill would also require that more information be gathered about the source of the child’s elevated blood lead level before there is an order for the containment of lead at the child’s residence. Given the increased importation of goods from countries that do not maintain or enforce lead paint restrictions, there are now many potential sources of elevated lead levels, and we must ensure that the correct source is identified so that it can be remediated. the current statute has resulted in unfair criminal prosecution of parent homeowners as opposed to landlords, when there has been no connection between the elevated lead levels in the child and the inaccessible lead paint in the home.
H2630 An act relative to benefits for teachers, pending before the Joint Committee on Public Service
H2631 An act relative to the membership of the prim board, pending before the Joint Committee on Public Service
H2629 An act relative to the state retiree benefits trust fund board of directors, pending before the Joint Committee on Public Service
H2919 An act relative to property tax deferrals for seniors, pending before the Joint Committee on Revenue
Background: This legislation establishes more reasonable interest rates on the property taxes deferred under the senior citizen property tax deferral program, enabling more senior citizens to take advantage of the program, and freeing up money for important items such as medication, housing expenses and health care.
H2920 An act making senior citizen property tax relief more equitable, pending before the Joint Committee on Revenue
Background: Under current law (general laws chapter 62, section 6), Massachusetts residents with properties assessed at a value of $600,000 or more do not qualify for senior citizen property tax relief. This bill would allow senior citizen homeowners to apply for property tax relief as long as the assessed value of their property is at or below the median value of residential property in their municipality. This would ensure greater fairness for seniors as their eligibility for this program would be determined on a more equitable basis. seniors are typically on fixed incomes regardless of where they reside, and in many instances their home is in a community that became wealthier over the years that they lived there. being able to take advantage of property tax relief would enable these residents to spend more of their limited income on necessities like medication, food, and housing.
H2918 An act supporting small public charities, pending before the Joint Committee on Revenue
H2917 An act to continue tax basis rules for property acquired from decedents, pending before the Joint Committee on Revenue
Background: Currently, the decedents’ heirs are responsible for paying capital gains taxes on some of the pre-death capital gains on inherited appreciated property when sold, as well as the federal estate tax subjecting heirs to two levels of taxes. This bill would address the lack of any Massachusetts step-up tax rules for successors to decedents’ property resulting from the change in the federal basis rules of 2010. Currently, the decedents’ heirs are responsible for paying capital gains taxes on some of the pre-death capital gains on inherited appreciated property when sold, as well as the federal estate tax subjecting heirs to two levels of taxes. This bill would align Massachusetts law with the federal law to avoid this “double tax”."
H3079 An act promoting governmental efficiency, pending before the Joint Committee on State Administration and Regulatory Oversight
H3405 An act updating bicycle fines, pending before the Joint Committee on Transportation
Background: The goal of this legislation is to improve road safety for pedestrians, cyclists, and motorists. Under current statute (MGL c. 84, §11b), fines for any bicycle infraction are set at an amount of $20.00. The same statute grants bicyclists the right to use “all public ways” (other than state highways) and subjects cyclists to the “traffic laws and regulations of the Commonwealth.” The intent behind this statute is to ensure that bicyclists are observing and obeying the same traffic laws as motorists. we all know from media coverage and personal experience, however, that bicyclists routinely flout traffic laws and create dangerous situations on our roads. This legislation would bring the fines for bicycle-related traffic fines in line with those for motor vehicle violations, thereby creating more incentive for cyclists to follow the law and improving public safety.
H3406 An act regulating the posting of speed limits, pending before the Joint Committee on Transportation
Background: Under present law, drivers operating on roads maintained by the department of conservation and recreation are not protected by the same speed regulations found in MGL Ch.90, §.18. Roads maintained by DCR are exempt from traffic engineering studies, whereas state highways and municipal roads use traffic engineering studies to establish speed regulations. This legislation would require DCR to also complete traffic engineering studies, followed by speed limit adjustments on roads that are under DCR jurisdiction based on the study’s findings. This legislation would require DCR to also complete traffic engineering studies, followed by speed limit adjustments on roads that are under DCR jurisdiction based on the study’s findings."
H1234 An act relative to an individual Medicare marketplace option, pending before the Joint Committee on Health Care Financing
Background: The primary function of this legislation is to reform two sections of Massachusetts general laws (Chapters 32a and 32b) to implement an individual marketplace (“im”) option for state and municipal retiree health benefits. the bill modifies the statutory language by removing the requirement for group insurance for medicare-eligible retirees as a prerequisite, enabling individual marketplace coverage funded by the retiree’s former employer. Although allowed under current statute, the primary funding mechanism for this new option will be a health reimbursement arrangement. The goal of this legislation is simple: to save the state and municipalities billions of dollars on retiree health coverage by providing access to individual marketplaces that offer additional flexibility and choice to applicable retirees. This cost-effective alternative will provide equal, or even better, health benefits. the bill also contains specific language ensuring that retirees will be protected from future premium increases as they are similarly protected under the current program.
For more information on the bills, I’ve filed and co-sponsored this session, please click here.