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HOUSE DOCKET, NO. 2740 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3508
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Steven S. Howitt
_________________
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 relative to veteran health, opportunity, notification, observance and respect.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Steven S. Howitt4th Bristol1/18/2023Joseph D. McKenna18th Worcester1/31/2023 1 of 16
HOUSE DOCKET, NO. 2740 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 3508
By Representative Howitt of Seekonk, a petition (accompanied by bill, House, No. 3508) of
Steven S. Howitt and Joseph D. McKenna relative to veteran health, opportunity, notification,
observance and respect. Veterans and Federal Affairs.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4873 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to veteran health, opportunity, notification, observance and respect.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by adding the following section:-
3 Section 243. (a) The commissioner of public health, in consultation with the
4commissioner of veterans’ services and the adjutant general of the Massachusetts national guard,
5shall develop written educational materials that provide information about health effects
6associated with chemicals identified at open burn pits in overseas military deployments,
7including, but not limited to: (i) symptoms associated with exposure to open burn pits during
8overseas military deployment; (ii) information regarding the U.S. Department of Veterans
9Affairs’ Airborne Hazards and Open Burn Pit Registry and resources that can assist with the
10registration process; (iii) information regarding the eligibility requirements for participation in 2 of 16
11the Registry, including deployment locations and dates; (iv) information on participation in the
12Registry and resources that can provide assistance with the registration process; and (v) contact
13information for the U.S. Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit
14Registry. The commissioner, in consultation with appropriate professional licensing boards and
15professional membership associations, shall ensure the information is made available to all
16appropriate licensed health care providers in Massachusetts.
17 (b) The commissioner, in consultation with the commissioner of veterans’
18services and the adjutant general of the Massachusetts national guard shall: (i) monitor the most
19current published epidemiological studies and recommendations arising as a requirement of 38
20U.S.C. 527, as well as developments in the study and treatment of conditions associated with
21exposure to toxic airborne chemicals and fumes caused by open burn pits; and (ii) keep record of
22self-identifying service members and veterans who have been exposed to burn pits, that shall
23include the name, address, electronic address, phone number, location and period of service, and
24other information as deemed necessary. Such information shall be used only for the purposes of
25communicating information about exposure to toxic airborne chemicals and fumes caused by
26open burn pits to service members and veterans. The database, materials or other information
27shall be confidential and privileged, shall not be subject to chapter 66, or clause Twenty-sixth of
28section 7 of chapter 4 and shall not be subject to subpoena, discovery or introduction into
29evidence in any private civil action.
30 (c) On or before January 1, 2024, the commissioner, in coordination with the
31commissioner of veterans’ services and the adjutant general of the Massachusetts national guard
32shall prepare an informational pamphlet regarding the health effects of exposure to open burn
33pits and how to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and 3 of 16
34Open Burn Pit Registry and resources that can provide assistance with the registration process
35for distribution by the commissioner of veterans services and the adjutant general of the
36Massachusetts national guard. The informational pamphlet shall be distributed to all
37organizations the commissioner of veterans’ services and adjutant general of the Massachusetts
38national guard see fit, including but not limited to, veteran service offices throughout the
39commonwealth and veteran organizations. Veteran service officers shall receive training to assist
40with the implementation of this section.
41 (d) The informational pamphlet required in subsection (c) of section 243 of
42chapter 111 of the General Laws shall be made available on the department of public health’s
43website once this bill is adopted into law.
44 SECTION 2. Chapter 115 of the General Laws is hereby amended by adding the
45following section:-
46 Section 16. (a) The commissioner of veterans’ services, the commissioner of
47public health and the adjutant general of the Massachusetts national guard, shall collaborate to
48contact all members of the Massachusetts national guard and all known veterans and members of
49the U.S. Armed Forces residing in Massachusetts who may be eligible to participate in the U.S.
50Department of Veterans Affairs’ Airborne Hazards and Open Burn Pit Registry. The
51commissioner of veterans’ services, the commissioner of public health and the adjutant general
52of the Massachusetts national guard shall develop and execute a plan that ensures contact with
53members of the Massachusetts national guard and veterans or members of the U.S. Armed
54Forces residing in Massachusetts who may have served in the following: (i) Operation Enduring
55Freedom, Operation Iraqi Freedom, or Operation New Dawn; (ii) Djibouti, Africa, on or after 4 of 16
56September 11, 2001; (iii) Afghanistan, on or after September 11, 2001; (iv) Operation Desert
57Shield or Operation Desert Storm; or (v) in the Southwest Asia theater of operations on or after
58August 2, 1990.
59 (b) Veterans or service members contacted shall be encouraged to join the
60Registry and shall be provided with: (i) contact information for the U.S. Department of Veterans
61Affairs’ Airborne Hazards and Open Burn Pit Registry; and (ii) a copy of the pamphlet created
62by the commissioner of public health pursuant to subsection (c) of section 243 of chapter 111.
63 (c) Notwithstanding any general or special law to the contrary, on or before September 1,
642023, the adjutant general of the national guard and the commissioner of veterans’ services shall
65encourage the U.S. Department of Veterans Affairs to enhance and simplify the registration
66process for the Airborne Hazards and Open Burn Pit Registry by providing for: (i) identification
67verification for DS Logon Level 2 access to be made available at U.S. Department of Veterans
68Affairs’ community-based outpatient clinics throughout Massachusetts; (ii) the creation of a
69paper registration option; and (iii) the creation of a process for deceased veterans’ family
70members to participate in the Registry on behalf of said veteran.
71 (d) On or before October 1, 2023, the adjutant general of the national guard shall
72request that the periodic health assessment for members of the Massachusetts national guard to
73determine whether the guard member was deployed to a location that would make him or her
74eligible to participate in the U.S. Department of Veterans Affairs’ Airborne Hazards and Open
75Burn Pit Registry, and whether the guard member was exposed to open burn pits during his or
76her deployment to said location. 5 of 16
77 (e) On or before October 1, 2023, the adjutant general shall request that any
78member of the Massachusetts national guard who during his or her periodic health assessment is
79identified as having been potentially exposed to open burn pits during a deployment is
80automatically registered to participate in the U.S. Department of Veterans Affairs’ Airborne
81Hazard and Open Burn Pit Registry.
82 SECTION 3. Chapter 33 of the General Laws, as so appearing, is hereby amended by
83inserting the following section:-
84 Section 137A. (a)The Massachusetts National Guard family education program
85(NGFEP) shall be an extension of the National Guard Education Assistance Program as outlined
86in Section 137, to include dependents of Massachusetts Guard members when requirements are
87met as specified.
88 (b) National Guard members may split their state sponsored 130 credit tuition and fee
89waiver between dependents. For the purpose of this section, dependents are defined as immediate
90family members enrolled in the Defense Enrollment Eligibility Reporting System (DEERS).
91 (c) The program shall be administered by the Military Division which will maintain a
92record of tuition and fee credit total, not to exceed 130 total credits per service member. The
93Military Division may issue a certificate of exemption from the matriculation fee and tuition to
94specified dependents of the Massachusetts Army or Air National Guard members enrolled at any
95state institution, in a program the cost of which is borne by the commonwealth, and who are
96qualified as provided in this section. Identified dependents must use their specified credit
97allotment within ten years of service member separation or by the age of 26, whichever date is
98later. 6 of 16
99 (d) To receive benefits from the program, the member must extend their current
100service obligation or reenlist for NGFEP benefits after completing their initial 6-year military
101service obligation to the Massachusetts National Guard. In order to be eligible, the
102Massachusetts National Guard member must: (i) be eligible to serve an additional 6-year
103enlistment from the date of extension or reenlistment; (ii) be in good standing and a satisfactory
104participant in the Massachusetts National Guard; and (iii) have not previously used their 130
105semester credit state tuition waiver.
106 (e) No combination of member and/or dependents shall receive benefits in excess of 130
107semester credit hours total.
108 (f) Enrollment of a dependent in a course at any such institution shall be dependent on the
109availability of seats. For the purposes of this section, ''availability of seats'' is defined as
110vacancies that exist in a course after the enrollment of all tuition-paying students, and all students
111who are enrolled under any scholarship or tuition waiver provisions.
112 SECTION 4. Chapter 6 of the General Laws, as so appearing, is hereby amended by
113inserting after section 15MMMMMM the following 4 sections:-
114 Section 15NNNNNNN. The governor shall annually set apart June 14, the
115anniversary of the founding of the United States Army, in recognition of the distinguished
116patriotic services rendered by that organization, and by the citizens of the commonwealth who so
117gallantly served, and issue a proclamation recommending that the day be observed by the people
118in the display of the flag and in appropriate public exercises, commemorative of the services and
119sacrifices of the citizens of the commonwealth who have served and continue to serve in the
120defense of the United States. 7 of 16
121 Section 15OOOOOO. The governor shall annually set apart September 18, the
122anniversary of the founding of the United States Air Force, in recognition of its distinguished
123history of service as a projector of American air power in support in defense of the Nation, and
124by the citizens of the commonwealth who so gallantly served, and issue a proclamation
125recommending that the day be observed by the people in the display of the flag and in
126appropriate public exercises, commemorative of the services and sacrifices of the citizens of the
127commonwealth who have served and continue to serve in the defense of the United States.
128 Section 15PPPPPP. The governor shall annually set apart December 13, the anniversary
129of the founding of the National Guard, in recognition of its role as an operational reserve of the
130United States Army and Air Force, providing ready, well equipped personnel and equipment to
131support the federal military mission when called upon by the President and the governor of the
132commonwealth to respond to domestic emergencies, and by the citizen soldiers and airmen of the
133commonwealth who have unfailingly answered the call of duty, issue a proclamation
134recommending that the day be observed by the people in the display of the flag and in
135appropriate public exercises, commemorative of the services and sacrifices of the citizens of the
136commonwealth who have served and continue to serve in the defense of the United States.
137 Section 15QQQQQQ. The governor shall annually set apart August 4, the
138anniversary of the founding of the United States Coast Guard, in recognition of its distinguished
139history and seagoing service, and issue a proclamation recommending that the day be observed
140by the people in the display of the flag and in appropriate public exercises, commemorative of
141the services and sacrifices of the citizens of the commonwealth who have served and continue to
142serve in the defense of the United States. 8 of 16
143
144 SECTION XX. Chapter 60 of the General Laws, as so appearing, is hereby amended by
145inserting after section 35 the following section:-
146 Section 35A. (a) No municipality shall publish or cause to be published the name,
147or other individually identifying information, of a veteran still owing a tax pursuant to this
148chapter after it has become due and payable.
149 (b) A municipality may communicate through the municipality’s veteran service
150officer in order to provide notice and information related to a tax due and payable under this
151chapter to the veteran owing such tax.
152 SECTION 5. Chapter 112 of the General Laws, as so appearing, is hereby amended by
153inserting after section 84C the following section:-
154 Section 84D. Every licensed funeral director, or his or her agent or servant, before
155an agreement as to the price of the merchandise and service is made, shall make available to all
156potential clients information regarding funeral and burial benefits for veterans as set forth in
157section 7 and 8 of chapter 115 and shall give or cause to be given to a client, a written statement
158verifying that the funeral director, or his or her agent or servant, make such information available
159to the potential client. The written statement shall be signed by the funeral director, or his or her
160agent or servant, and the potential client before an agreement as to the price of the merchandise
161and service is made. A funeral director who fails to comply with this section shall be punished by
162a fine of not more than $1,000.
163 9 of 16
164 SECTION 6. Chapter 23K of the General Laws is hereby amended by inserting after
165section 20 the following section:-
166 Section 20A. (a) As used in this section, the following words shall, unless the context
167clearly requires otherwise, have the following meanings:
168 “Limited slot machine establishment”, the premises owned or leased by a veterans’
169organization for use by its members in good standing.
170 “Limited slot machine license”, a gaming license issued by the commission that permits a
171veterans’ organization to operate a gaming establishment with no table games and not more than
1725 slot machines at a limited slot machine establishment.
173 “Limited slot machine licensee”, a veterans’ organization that holds a limited slot
174machine license for its limited slot machine establishment.
175 “Local licensing authority”, the local licensing authority in the city or town in which the
176limited slot machine establishment is located.
177 “Veterans’ organization”, any veterans’ organization that is: (i) incorporated by the
178Congress of the United States and (ii) included in section 4E of chapter 9.
179 (b) The commission may issue a limited slot machine license to veterans’ organizations
180in the commonwealth.
181 A limited slot machine license shall only be issued to a veterans’ organization that: (i) has
182been organized and actively functioning as a veterans’ organization for not less than 5 years prior
183to being issued a license; (ii) has received the approval of the local licensing authority; and (iii) 10 of 16
184has been deemed suitable and qualified pursuant to regulations adopted by the commission
185pursuant to subsection (l).
186 No limited slot machine license issued to a veterans’ organization pursuant to this section
187shall be transferred or assigned.
188 (c) A limited slot machine license issued by the commission pursuant to this section may
189be suspended or revoked at the discretion of the commission or upon written request to the
190commission by the local licensing authority. The suspension or revocation of a license issued
191pursuant to this section may be appealed by the limited slot machine licensee to the full
192commission, and the commission shall hear the appeal on the record. The decision rendered by
193the commission after the hearing shall be final and the licensee shall not be entitled to further
194review; provided, however, that in the case of a license revocation, the licensee shall be entitled
195to reapply for a license not less than 5 years from the date in which the final decision of the
196commission was issued.
197 (d) A limited slot machine licensee shall limit the promotion and operation of, and access
198to, slot machines to members in good standing of the veterans’ organization; provided, that no
199member of the veterans’ organization holding a limited slot machine license shall receive
200remuneration in any form for time or effort devoted to the promotion or operation of the slot
201machines. No member of the general public shall be permitted access to any slot machine in a
202limited slot machine establishment.
203 (e) The profits of any slot machines shall be the property of the limited slot machine
204licensee, and shall be used for charitable, fraternal or civic purposes, including, but not limited
205to, veterans’ benefits. 11 of 16
206 (f) A limited slot machine license issued pursuant to this section shall be valid for a
207period of 5 years. The commission shall establish procedures for application and renewal and
208may establish a fee for application or renewal not to exceed $500. Application and renewal fees
209shall be deposited into the Gaming Revenue Fund established in section 59.
210 (g) Each licensee shall keep accurate records and books showing: (i) the total amount of
211all monies deposited by members in good standing of the veterans’ organization who played the
212slot machines located in the limited slot machine establishment; (ii) the expenses incurred; and
213(iii) the name and address of each person receiving greater than $100 in winnings in a 24-hour
214period. A separate checking account shall be kept of receipts and expenditures. Money for
215expenses shall be withdrawn only by checks having preprinted consecutive numbers and made
216payable to a specific person or corporation. No check shall be made payable to cash. All monies
217expended for said charitable, fraternal or civic purposes shall be duly and accurately recorded as
218to specific amounts expended and the purposes for which said amounts were expended. Proceeds
219from the operation of the slot machines shall be kept in a separate bank account and the licensee
220shall file an annual report on or before December 31 of each year of the charitable, fraternal and
221civic disbursements made during the preceding year with the commission and the local licensing
222authority in such form as the commission may prescribe. Such annual report shall be a public
223record. The commission and the local licensing authority, or their duly authorized agents or
224representatives, shall at all times have access to the limited slot machine establishment, as well
225as the records and books of any licensee for the purpose of examining and checking the same.
226 (h) Each licensee shall file a return with the commission, on a form prepared by the
227commission, and shall pay therewith a tax of 5 per cent of the gross profits derived from the slot 12 of 16
228machines located in the limited slot machine establishment, which shall be deposited into the
229Gaming Revenue Fund established in section 59.
230 (i) No person under 21 years of age shall be permitted in that portion of any building or
231premises of the licensee during such time as a slot machine is being played.
232 (j) A limited slot machine establishment shall keep conspicuously posted on their
233premises a notice containing the following statement: “If you or someone you know has a
234gambling problem and wants help, call the Massachusetts Council on Gaming and Health on the
235Safer Gaming Education Line at 1-800-426-1234 or the Massachusetts Department of Public
236Health helpline at 1-800-327-5050.”
237 (k) Limited slot machine licensees shall only acquire slot machines from a person
238licensed as a gaming vendor under section 31.
239 (l) The commission shall, consistent with the public objectives of this chapter established
240in section 1, promulgate regulations for the implementation, administration and enforcement of
241this section including, without limitation, regulations that prescribe: (i) the method and form of
242application which an applicant for licensure shall follow and complete before consideration by
243the commission; (ii) the information to be furnished by an applicant for a limited slot machine
244license or for the renewal of a limited slot machine license; (iii) suitability standards for
245applicants for licensure pursuant to this section; (iv) the criteria for evaluation of the application
246for a limited slot machine license and qualifications for licensure pursuant to this section; (v) the
247information to be furnished by a veterans’ organization relating to the members of the veterans’
248organization tasked with managing the slot machines; (vi) criteria for eligibility for licensure
249under this section; (vii) conditions on the operation and control of a limited slot machine 13 of 16
250establishment; and (viii) grounds and procedures for the revocation or suspension of a limited
251slot machine license.
252 SECTION 7. Chapter 75 of the General Laws is hereby amended by inserting after
253section 34A the following section:-
254 Section 34B. (a) Unless otherwise prohibited by any general or special law to the
255contrary, the University of Massachusetts medical school shall develop a continuing education
256program for clinical and non-clinical counselors serving institutions within the system of public
257institutions of higher education established pursuant to section 5 of chapter 15A. The program
258shall include education on the following subjects: (i) military culture and its influence on service
259member and veteran psychology; (ii) deployment cycle stressors as they impact campus life for
260students who are service members and veterans; (iii) outreach strategies for administrative, non-
261clinical and clinical services; (iv) symptoms of depression, suicide, deployment-related,
262insomnia, substance use, and post-traumatic stress disorder; and (v) available resources and
263methods of referral.
264 (b) The University of Massachusetts medical school shall: (i) develop the continuing
265education program, including the curriculum thereof, required by section 34B of chapter 75 of
266the General Laws within 180 days after passage of this act; and (ii) conduct training for clinical
267and non-clinical counselors serving institutions within the Commonwealth’s public institution of
268higher education within 545 days after passage of this act.
269 14 of 16
270 SECTION 8. Resolved, that there shall be a special commission to investigate and report
271on a suitable memorial to be erected to commemorate Deborah Samson, the official heroine of
272the commonwealth.
273 The special commission shall: (i) promote public support for and education on the
274importance of Deborah Samson to the War of Independence; (ii) identify a location for a suitable
275memorial for Deborah Samson; and (iii) evaluate the public and private resources available to
276erect and maintain the suitable memorial.
277 The commission shall consist of: the house and senate chairs of the joint committee on
278veterans and federal affairs, who shall serve as co-chairs; 2 additional members of the house of
279representatives, 1 of whom shall be appointed by the minority leader of the house; 2 additional
280members of the senate, 1 of whom shall be appointed by the minority leader of the senate; the
281commissioner of veterans’ services or a designee; the adjutant general of the commonwealth or a
282designee; and 7 members to be appointed by the governor, 1 of whom shall be a female veteran,
2831 of whom shall be a representative of the women veterans’ network in the department of
284veterans’ services, 1 of whom shall be a representative of the advisory committee on women
285veterans established under section 2 of chapter 115 of the General Laws, 1 of whom shall be a
286representative of the Department of Massachusetts Veterans of Foreign Wars of The United
287States, Inc., 1 of whom shall be a representative of The American Legion, Department of
288Massachusetts Inc., 1 of whom shall be a representative of the AMVETS Department of
289Massachusetts Service Foundation, Incorp. and 1 of whom shall be a representative of Disabled
290American Veterans, Department of Massachusetts, Inc. 15 of 16
291 The commission shall submit a report of its investigation and recommendations,
292including any drafts of legislation necessary to implement its recommendations, to the clerks of
293the house of representatives and senate not later than 183 days following enactment of this
294resolve.
295 SECTION 9. Chapter 115 of the General Laws is hereby amended by inserting after
296section 15 the following section:-
297 Section 16. (a) There shall be a veteran equality review board to ensure veterans
298dishonorably discharged due to sexual orientation under 10 U.S. Code § 654, also known as the
299don’t ask, don’t tell policy, receive state-based veteran benefits. The board shall consist of 5
300voting members who, by education or experience, are knowledgeable of veterans benefits and
301programs and have demonstrated interest in veteran affairs. A majority of the members shall be
302veterans. 2 members shall be appointed by the Secretary of Veterans’ Services, 1 member shall
303be appointed by the Governor, 1 member shall be appointed by the Senate President and 1
304member shall be appointed by the speaker of the house of representatives. Members shall serve
305for 5 years. The members shall vote to select a chair. A vacancy shall be filled for the balance of
306the unexpired term in the same manner as the original appointment. duties. A majority of the
307appointed and serving members of the board shall constitute a quorum of the board for the
308transaction of business. An action of the board shall be approved by a majority vote of the
309members present at a meeting where a quorum is present. The members of the board shall serve
310without compensation.
311 (b) The board shall meet as often as deemed necessary by the chairperson based on the
312number of applications pending before the board. The board shall review each application 16 of 16
313submitted and render a recommendation to the secretary of veterans’ services as to whether the
314veteran's sexual orientation was the reason for an other than honorable discharge. The board shall
315review each application not later than thirty days after receipt and render a written
316recommendation to the secretary not later than thirty days after such review.
317 (c) A veteran who received a discharge that was not honorable and who believes such
318discharge characterization was based on such veteran's sexual orientation may file an application
319for state-based veteran benefits. Said veteran may include evidence supporting his or her claim
320that such discharge characterization was based on the veteran's sexual orientation.
321 (d) The department of veterans’ services shall promulgate a standardized application
322form enumerating the required documentation necessary for filing an application under this
323subsection and shall make such form available on the department of veterans’ services web site
324along with filing instructions.
325 (e) The secretary shall issue a written decision not later than ten days after receipt of the
326board's recommendation, approving or denying the application. If the secretary approves the
327application, such veteran shall be eligible for state-based veteran benefits.
328 (f) If the secretary’s decision is unfavorable to the veteran, the veteran may file a request
329for reconsideration not later than thirty days after receipt of the secretary’s decision. The veteran
330may provide additional documentation for their application.