Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4172 Compare Versions

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22 HOUSE DOCKET, NO. 4685 FILED ON: 11/9/2023
33 HOUSE . . . . . . . . . . . . . . . No. 4172
44 OFFICE OF THE GOVERNOR
55 COMMONWEALTH OF MASSACHUSETTS
66 STATE HOUSE · BOSTON, MA 02133
77 (617) 725-4000
88 MAURA T. HEALEY
99 GOVERNOR
1010 KIMBERLEY DRISCOLL
1111 LIEUTENANT GOVERNOR
1212 November 9, 2023
1313 To the Honorable Senate and House of Representatives,
1414 I am pleased to submit for your consideration An Act Honoring, Empowering, and Recognizing
1515 our Servicemembers and Veterans.
1616 On March 1, 2023, our administration established the Executive Office of Veterans Services
1717 (EOVS), reaffirming our commitments to veterans who have sacrificed and served their nation,
1818 and to provide an increased level of oversight, accountability, and professionalism. This
1919 important step was made possible because of the leadership of the Legislature, and we are
2020 grateful for their partnership in our efforts to improve veteran services across the state.
2121 The Healey-Driscoll administration has completed a robust engagement process to better
2222 understand the legislative and programmatic priorities of the veteran community. I am proud to
2323 say that the administration has engaged with over 75 Veterans Service Officers representing over
2424 100 municipalities, heard from over 30 nonprofit partners, and conducted a 50-state review of
2525 veteran policy and legislative efforts. The legislation I am filing today consists of proposals
2626 aimed at expanding veterans’ benefits, increasing inclusivity, and modernizing services.
2727 The legislation will increase benefits and opportunities for veterans, including by:
2828 1. Increasing the annuity paid to disabled veterans, surviving spouses, or Gold Star parents
2929 from $2,000 to $2,500.
3030 2. Allowing veterans who lack other options to be reimbursed for behavioral health
3131 services.
3232 3. Increasing the tax credit for employers who hire eligible veterans from $2,000 to $2,500. 2 of 2
3333 4. Giving municipalities options to increase property tax exemptions for veterans, by
3434 doubling the existing exemption for veterans alone and/or tying the exemption to
3535 inflation.
3636 5. Lengthening the timeframe in which veterans in public service can pay to have up to four
3737 years of active-duty service time count toward their state retirement.
3838 This legislation will redouble our commitment to inclusivity and greater representation of all our
3939 veterans, including by:
4040 1.Broadening the definition of veteran by aligning the state Chapter 115 program definition
4141 of a veteran with the United States Department of Veteran Affairs (VA) definition,
4242 allowing EOVS to serve more veterans.
4343 2.Expanding the scope of the Veterans Equality Review Board to allow individuals
4444 discharged on the basis of additional protected classes (including race/ethnicity, color,
4545 religious creed, national origin, age, and disability) to become eligible for state veterans
4646 benefits.
4747 3.Providing, through a two-year pilot program, in vitro fertilization (IVF) reimbursement to
4848 disabled same-sex women veterans who have been denied IVF reimbursement by the VA
4949 solely because they are in a same-sex marriage.
5050 And this legislation will modernize our approach to serving veterans, including by:
5151 1.Revising Chapter 115 and 115A to ensure gender neutral and inclusive language while
5252 removing antiquated references.
5353 2.Creating a public-private working group to study the health benefits of psychedelics as
5454 treatment for veterans suffering physical or mental disorders related to their service.
5555 Our veterans answered the call to serve our state and country, and they deserve the utmost
5656 dignity, respect, and support for their service. This bill reaffirms the Commonwealth’s
5757 commitment to supporting all of our servicemembers and their families.
5858 I urge your favorable consideration of this legislation.
5959 Respectfully submitted,
6060 Maura T. Healey,
6161 Governor 1 of 27
6262 HOUSE . . . . . . . . . . . . . . . No. 4172
6363 The Commonwealth of Massachusetts
6464 _______________
6565 In the One Hundred and Ninety-Third General Court
6666 (2023-2024)
6767 _______________
6868 An Act honoring, empowering, and recognizing our servicemembers and veterans.
6969 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
7070 of the same, as follows:
7171 1 SECTION 1. Section 34 of chapter 2 of the General Laws, as appearing in the 2022
7272 2Official Edition, is hereby amended by striking out, in line 2, the word “department” and
7373 3inserting in place thereof the following words:- executive office.
7474 4 SECTION 2. Subsection (d) of section 16DD of chapter 6A of the General Laws, as so
7575 5appearing, is hereby amended by striking out, in line 29, the word “department” and inserting in
7676 6place thereof the following words:- executive office.
7777 7 SECTION 3. Section 105 of said chapter 6A, as so appearing, is hereby amended by
7878 8striking out, in line 1, the word “department” and inserting in place thereof the following words:-
7979 9executive office.
8080 10 SECTION 4. Section 4G of chapter 7 of the General Laws, as so appearing, is hereby
8181 11amended by striking out, in lines 7 to 8, the words “the department of veterans’ services”. 2 of 27
8282 12 SECTION 5. Subsection (k) of section 61 of said chapter 7, as so appearing, is hereby
8383 13amended by striking out, in lines 124 to 125, the word “department” and inserting in place
8484 14thereof the following words:- executive office.
8585 15 SECTION 6. Paragraph 2 of section 17 of chapter 11 of the General Laws, as so
8686 16appearing, is hereby amended by striking out, in line 21, the word “department” and inserting in
8787 17place thereof the following words:- executive office.
8888 18 SECTION 7. Section 49 of chapter 31 of the General Laws, as so appearing, is hereby
8989 19amended by striking out, in lines 14 to 15, the words “in the City of Chelsea”.
9090 20 SECTION 8. Subsection (h) of said section 4 of said chapter 32, as so appearing, is
9191 21hereby amended by inserting after the words “United States shall be”, in lines 148 to 149, the
9292 22following words:- provided written notice by the retirement board upon entry into service that
9393 23they are.
9494 24 SECTION 9. Said subsection (h) of said section 4 of said chapter 32, as so appearing, is
9595 25hereby further amended by inserting after the word “member”, in line 151, the following words:-
9696 26prior to or within 1 year of vesting pursuant to this chapter.
9797 27 SECTION 10. Section 5 of chapter 59 of the General Laws, as so appearing, is hereby
9898 28amended by inserting after clause Twenty-second H the following 2 clauses:-
9999 29 Twenty-second I. In a city or town that accepts this section and is certified by the
100100 30commissioner to be assessing all property at full and fair cash valuation, an abatement granted
101101 31pursuant clause Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C,
102102 32Twenty-second E or Twenty-second F shall be increased annually by an amount equal to the 3 of 27
103103 33increase in the cost of living as determined by the Consumer Price Index for such year. The
104104 34department of revenue shall annually inform each city or town that accepts this clause of the
105105 35amount of this increase.
106106 36 Twenty-second J. In a city or town that accepts this section and is certified by the
107107 37commissioner to be assessing all property at full and fair cash valuation, a taxpayer who
108108 38otherwise qualifies for an exemption pursuant clause Twenty-second, Twenty-second A,
109109 39Twenty-second B, Twenty-second C, Twenty-second E or Twenty-second F shall be granted an
110110 40additional exemption that shall be uniform for all herein named exemptions and the amount of
111111 41which shall not exceed 100 per cent of the exemption for which the taxpayer qualifies, as may be
112112 42determined by the legislative body of the city or town, subject to its charter, not later than the
113113 43beginning of the fiscal year to which the additional exemption shall commence. Once accepted,
114114 44the amount of the exemption shall continue until amended by the legislative body of the city or
115115 45town. Notwithstanding any provision of this chapter to the contrary, the exemption shall be in
116116 46addition to any exemption allowable pursuant to said section 5; provided, however, that in no
117117 47instance shall the taxable valuation of the property, after all applicable exemptions, be reduced
118118 48below 10 per cent of its full and fair cash valuation, except through the applicability of clause
119119 49Eighteenth of said section 5. Acceptance of this section by a city or town shall not increase the
120120 50amount that it otherwise would have been reimbursed by the commonwealth pursuant to the
121121 51respective clause. The additional exemption contained within this section shall not be
122122 52implemented in any year in which the city or town has also accepted the section 5C1/2 of chapter
123123 5359. 4 of 27
124124 54 SECTION 11. Paragraph (1) of subsection (u) of section 6 of chapter 62 of the General
125125 55Laws, as so appearing, is hereby amended by striking out, in line 1113, the figure “2,000” and
126126 56inserting in place thereof the following figure:- 2,500.
127127 57 SECTION 12. Paragraph (4) of said subsection (u) of said section 6 of said chapter 62,
128128 58as so appearing, is hereby amended by striking out, in line 1130, the figure “2,000” and inserting
129129 59in place thereof the following figure:- 2,500.
130130 60 SECTION 13. Subsection (a) of section 38GG of chapter 63 of the General Laws, as so
131131 61appearing, is hereby amended by striking out, in line 8, the figure “2,000” and inserting in place
132132 62thereof the following figure:- 2,500.
133133 63 SECTION 14. Subsection (d) of said section 38GG of said chapter 63, as so appearing, is
134134 64hereby amended by striking out, in line 24, the figure “2,000” and inserting in place thereof the
135135 65following figure:- 2,500.
136136 66 SECTION 15. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby
137137 67amended by striking out subsection (u) and inserting in place thereof the following subsection:-
138138 68 (u) Sale of a motor vehicle purchased by and for the use of a person who has suffered
139139 69loss, or permanent loss of use of, both legs or both arms or one leg and one arm or by and for the
140140 70use of a veteran who has been determined to be permanently disabled by the medical advisory
141141 71board established under section 8C of chapter 90 and has been issued a disabled veteran number
142142 72plate or a purple heart recipient plate under section 2 of said chapter 90; provided that this
143143 73exemption shall apply to 1 motor vehicle only owned and registered for the personal,
144144 74noncommercial use of such person. A person issued a purple heart recipient plate shall not have
145145 75to forfeit their purple heart recipient plate for a disabled veteran number plate in order to receive 5 of 27
146146 76the exemption from the tax in this paragraph. A person issued a purple heart recipient plate and a
147147 77disability placard shall receive the exemption from the tax in this subsection.
148148 78 SECTION 16. Section 4 of chapter 71 of the General Laws, as so appearing, is hereby
149149 79amended by striking out, in lines 32 and 39, each time it appears, the word “department” and
150150 80inserting in place thereof the following words:- executive office.
151151 81 SECTION 17. Section 2 of chapter 90 of the General Laws, as so appearing, is hereby
152152 82amended by striking out the words “pleasure passenger vehicles owned by veterans who,
153153 83according to the records of the United States Veterans’ Administration, has been determined to
154154 84have a service-connected disability rating of 60 per cent or greater and by reason of service in the
155155 85armed forces of the United States have suffered loss or permanent loss of use of one or both feet;
156156 86or loss or permanent loss of use of one or both hands; or permanent impairment of vision of both
157157 87eyes of the following status: central visual acuity of 20/200 or less in the better eye, with
158158 88corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which
159159 89the peripheral field has contracted to such an extent that the widest diameter of visual field
160160 90subtends an angular distance no greater than twenty degrees in the better eye, or any other
161161 91disability or handicap of such veterans which may be determined by the medical advisory board
162162 92as established by section eight C, and”.
163163 93 SECTION 18. The seventh paragraph of said section 2 of said chapter 90, as so
164164 94appearing, is hereby amended by striking out the third and fourth sentences.
165165 95 SECTION 19. Said section 2 of said chapter 90, as so appearing, is hereby further
166166 96amended by striking out the words “and the words “Disabled Veteran” for a pleasure passenger
167167 97vehicle or a pick-up truck owned or leased by and used by a veteran who, according to the 6 of 27
168168 98records of the United States Veterans’ Administration, by reason of service in the armed forces
169169 99of the United States has suffered loss or permanent loss of use of one or both feet; or loss or
170170 100permanent loss of use of one or both hands; or permanent impairment of vision of both eyes of
171171 101the following status: central visual acuity of 20/200 or less in the better eye, with corrective
172172 102glasses, or central visual acuity of more than 20/200 if there is a field defect in which the
173173 103peripheral field has contracted to such an extent that the widest diameter of visual field subtends
174174 104an angular distance no greater that 20 degrees in the better eye, or any other disability or
175175 105handicap”.
176176 106 SECTION 20. Said section 2 of said chapter 90, as so appearing, is hereby further
177177 107amended by striking out the twelfth paragraph.
178178 108 SECTION 21. Said section 2 of said chapter 90, as so appearing, is hereby further
179179 109amended by striking out the fifteenth through seventeenth, inclusive, paragraphs.
180180 110 SECTION 22. Said section 2 of said chapter 90, as so appearing, is hereby further
181181 111amended by striking out the nineteenth through twenty-second, inclusive, paragraphs.
182182 112 SECTION 23. Chapter 90 of the General Laws is hereby amended by inserting after
183183 113section 2I the following section:-
184184 114 Section 2J. (a) The registrar is hereby authorized, required, and directed to design and
185185 115maintain a series on distinct and individual license plates recognizing those who have served in
186186 116the military and for those who deserve special recognition relating to or deriving from military
187187 117service. Any veteran meeting the definition of a veteran in clause forty-third of section 7 of
188188 118chapter 4, or section 1 of chapter 115, or is eligible for the annuity provided under section 6C of
189189 119chapter 115, shall be eligible and entitled to a veteran plate which shall carry the denotation 7 of 27
190190 120“VETERAN”, upon presentation of satisfactory evidence of such status as determined by the
191191 121registrar.
192192 122 (b) Veterans ranked as at least 60 per cent disabled by the United States Veterans
193193 123Administration, including those who have suffered the loss of a limb, permanent visual acuity
194194 124loss of 20/200 in an eye, or are otherwise determined to be disabled or handicapped by the
195195 125medical advisory board established in section 8C, shall be entitled to a distinctive disabled
196196 126veteran plate.
197197 127 (c) Veterans who have been captured and incarcerated by foreign forces in conflict or
198198 128held as prisoners of war shall be entitled to a distinctive plate recognizing that status.
199199 129 (d) Veterans who are members of the Legion of Valor of the United States Inc. shall be
200200 130entitled to a distinctive plate recognizing that status. Residents of the commonwealth awarded
201201 131the Congressional Medal of Honor shall be entitled to a distinctive plate recognizing that status,
202202 132including, subject to availability, the use of the initials of the award recipient followed by CMH
203203 133signifying their award.
204204 134 (e) Veterans entitled to a distinctive plate shall be entitled to have a distinctive emblem or
205205 135decal reflecting service in Operation Enduring Freedom, the receipt of the Iraqi Freedom
206206 136Campaign Ribbon, an Afghanistan Campaign Ribbon, a Persian Gulf Campaign Ribbon, the
207207 137receipt of the Armed Forces Expeditionary Medal, Southwest Asia Service Medal, Inherent
208208 138Resolve Campaign Medal, Global War on Terrorism Expeditionary Medal, Vietnam Service
209209 139Medal, Kosovo Campaign Medal, Prisoner of War Medal.
210210 140 (f) Veterans awarded the Order of the Purple Heart shall be entitled to a distinctive plate
211211 141indicating that status which shall include the words “COMBAT WOUNDED.” 8 of 27
212212 142 (g) Survivors of the attack upon Pearl Harbor shall be entitled to a distinctive plate
213213 143reflecting that status and also bearing the word “VETERAN” thereupon.
214214 144 (h) Residents of the commonwealth serving in the national guard, any branch, shall be
215215 145entitled to a distinctive plate reflecting that status.
216216 146 (i) Residents of the commonwealth awarded the Medal of Liberty under chapter 33 shall
217217 147be entitled to a distinctive plate reflecting that status.
218218 148 (j) Residents of the commonwealth identifying as a woman veteran who served in any
219219 149branch shall be entitled to a distinctive decal which the registry of motor vehicles shall design
220220 150and issue.
221221 151 (k) A veteran who has served in the armed forces and is entitled to veteran plate shall also
222222 152be entitled to the issuance of a decal or emblem denoting their branch of service.
223223 153 (l) Owners of private vehicles awarded a decoration for valor or gallantry, as defined
224224 154herein, shall be entitled to a distinctive veteran plate or emblem or decal denoting their award
225225 155status. The awards references in this paragraph shall be as follows: the Silver Star, the Bronze
226226 156Star, the Distinguished Flying Cross, the Distinguish Service Cross, the Navy Cross, the Air
227227 157Force Cross, and any other similar award designated by the secretary of veterans’ services under
228228 158the auspices of section 1 of chapter 115.
229229 159 (m) A resident of the commonwealth qualifying as a Gold Star parent, child, sibling,
230230 160grandchild or spouse shall be entitled to either a distinctive plate or an emblem or decal denoting
231231 161their status. A distinctive plate, under this paragraph, may not be used in conjunction with a
232232 162motor vehicle which has promotional or advertising material thereupon. A Gold Star Family 9 of 27
233233 163member is defined as a parent, child, spouse, sibling or grandchild of a member of the armed
234234 164forces who is killed in action.
235235 165 (n) The next of kin of a member of the armed forces, in possession of a Gold Star Lapel
236236 166Button under the regulations of the United States Secretary of Defense, shall be entitled to a
237237 167Gold Star Family distinctive plate. Said button shall not be an eligibility requirement for those
238238 168who have presented other satisfactory evidence of their status, as determined by the registrar.
239239 169 (o) Under any special recognition or status recognized in this section, the widowed
240240 170person may not be compelled to surrender their distinctive plate, emblem or decal unless they
241241 171remarry, cancel or fail to renew registration. If the deceased person was entitled to recognition
242242 172under any portion of this section but did not apply for special status under this section, the
243243 173widowed person may nonetheless apply in the stead of their deceased spouse.
244244 174 (p) Any special status under this section shall entitle the bearer to only one special plate,
245245 175emblem, or decal. However, such person may, at their option, have the distinctive plate, emblem,
246246 176or decal issued in a form suitable for use on a motorcycle rather than a passenger car.
247247 177 (q) Any plate to which an individual is entitled under this section shall be issued without
248248 178fee other than the established registration fee for private passenger motor vehicles and
249249 179motorcycles. The registrar may provide individuals the option of paying an additional fee. Any
250250 180fees generated under this section shall be distributed to the state-operated veterans’ homes on an
251251 181equal basis, to their special account, up to one-half million dollars for each home. Any excess
252252 182shall be placed in the special trust fund subject to the control of the secretary of veterans’
253253 183services. 10 of 27
254254 184 SECTION 24. Subsection (a) of section 244 of chapter 111 of the General Laws, as
255255 185appearing in the 2022 Official Edition, is hereby amended by striking out, in line 2, the word
256256 186“commissioner” and inserting in place thereof the following word:- secretary.
257257 187 SECTION 25. Subsection (b) of said section 244 of said chapter 111, as so appearing, is
258258 188hereby amended by striking out, in lines 28, 35 and 38, each time it appears, the word
259259 189“commissioner” and inserting in place thereof the following word:- secretary.
260260 190 SECTION 26. Subsection (c) of said section 244 of said chapter 111, as so appearing, is
261261 191hereby amended by striking out, in line 43, the word “department’s” and inserting in place
262262 192thereof the following words:- executive office’s.
263263 193 SECTION 27. Said subsection (c) of said section 244 of said chapter 111, as so
264264 194appearing, is hereby further amended by striking out, in line 43, the word “department” and
265265 195inserting in place thereof the following words:- executive office.
266266 196 SECTION 28. Section 1 of chapter 115 of the General Laws, as so appearing, is hereby
267267 197amended by striking out, in lines 3 to 4, the words “wife, husband, widow, widower, mother or
268268 198father” and inserting in place thereof the following words:- spouse, widowed person or parent.
269269 199 SECTION 29. Said section 1 of said chapter 115, as so appearing, is hereby further
270270 200amended by striking out, in line 6, the word “his” and inserting in place thereof the following
271271 201words:- the veteran’s.
272272 202 SECTION 30. Said section 1 of said chapter 115, as so appearing, is hereby further
273273 203amended by striking out, in lines 8 to 16, inclusive, the words “such child is attending school for
274274 204the purpose of completing a regulation high school course or its equivalent, or unless he is 11 of 27
275275 205mentally or physically unable to support himself, and his disability existed before he attained that
276276 206age, or unless he is under twenty-three years of age, and is a full-time student at an educational
277277 207institution which maintains a regular faculty and curriculum and has a regularly organized body
278278 208of students in attendance at the place where its educational activities are carried on” and inserting
279279 209in place thereof the following words:- the child meets the criteria established for emancipation
280280 210pursuant to section 28 of chapter 208 or section 9 of chapter 209C or unless the child is mentally
281281 211or physically unable to support themselves after attaining the age of 23.
282282 212 SECTION 31. Said section 1 of said chapter 115, as so appearing, is hereby further
283283 213amended by striking out, in line 25, the word “his”, each time it appears, and inserting in place
284284 214thereof the following word:- their.
285285 215 SECTION 32. Said section 1 of said chapter 115, as so appearing, is hereby further
286286 216amended by striking out, in line 26, the words “he applies” and inserting in place thereof the
287287 217following words:- they apply.
288288 218 SECTION 33. Said section 1 of said chapter 115, as so appearing, is hereby further
289289 219amended by striking out the definition of “veteran” and inserting in place thereof the following
290290 220definition:-
291291 221 “Veteran”, any person who (a) was a veteran as defined in clause Forty-third, section 7 of
292292 222chapter 4; or (b) served on active duty, to include active duty solely for training purposes, in the
293293 223armed forces for at least 90 days and whose last discharge or release was under conditions other
294294 224than dishonorable; or (c) served on active duty, to include active duty solely for training
295295 225purposes, in the armed forces, and was awarded a service-connected disability or who died in
296296 226such service under conditions other than dishonorable; or (d) served in the national guard or as a 12 of 27
297297 227reservist in any branch of the armed forces, including active duty solely for training purposes,
298298 228and was awarded a service-connected disability or who died in such service under conditions
299299 229other than dishonorable; or (e) is determined to be a veteran according to the U.S. Department of
300300 230Veterans Affairs; provided that, in any case, the service of such person was entered into or
301301 231served in Massachusetts, or such person has resided in the commonwealth for 1 day except for
302302 232the purpose of determining the residential eligibility of a deceased veteran’s dependents.
303303 233 SECTION 34. Said section 1 of said chapter 115, as so appearing, is hereby further
304304 234amended by striking out, in lines 54 to 55, the words “as defined in clause Forty-third of section
305305 235seven of chapter four,”.
306306 236 SECTION 35. Section 2 of said chapter 115, as so appearing, is hereby amended by
307307 237striking out, in lines 1 to 2, the words “as defined in clause Forty-third of section seven of
308308 238chapter four,”.
309309 239 SECTION 36. Said section 2 of said chapter 115, as so appearing, is hereby further
310310 240amended by striking out, in lines 7, 20, 39, 45 and 98, each time it appears, the word “his” and
311311 241inserting in place thereof the following word:- the.
312312 242 SECTION 37. Said section 2 of said chapter 115, as so appearing, is hereby further
313313 243amended by striking out, in lines 8, 12, 20, 66, 75, 103, 123, 131, 139 and 150, each time it
314314 244appears, the word “He” and inserting in place thereof the following words:- The secretary.
315315 245 SECTION 38. Said section 2 of said chapter 115, as so appearing, is hereby further
316316 246amended by striking out, in lines 12, 63, 71, 89, 98, 113, 118 and 119, each time it appears, the
317317 247word “him” and inserting in place thereof the following words:- the secretary. 13 of 27
318318 248 SECTION 39. Said section 2 of said chapter 115, as so appearing, is hereby further
319319 249amended by striking out, in lines 13, 14, 61, 76, 118, 125, 129, 134 and 142, each time it
320320 250appears, the word “he” and inserting in place thereof the following words:- the secretary.
321321 251 SECTION 40. Said section 2 of said chapter 115, as so appearing, is hereby further
322322 252amended by striking out the sixth paragraph.
323323 253 SECTION 41. Said section 2 of said chapter 115, as so appearing, is hereby further
324324 254amended by striking out, in lines 153 and 156, each time it appears, the word “his” and inserting
325325 255in place thereof the following word:- a.
326326 256 SECTION 42. Said section 2 of said chapter 115, as so appearing, is hereby further
327327 257amended by striking out, in line 155, the word “chairman” and inserting in place thereof the
328328 258following word:- chairperson.
329329 259 SECTION 43. Said section 2 of said chapter 115, as so appearing, is hereby further
330330 260amended by adding the following 3 paragraphs:-
331331 261 The secretary shall provide, subject to appropriation, a medical assistance benefit over
332332 262and above other benefits under this chapter. A recipient of the medical assistance benefit shall,
333333 263where applicable, make use of private, state or federally funded resources before seeking aid
334334 264under this chapter. The medical assistance benefit shall include but not be limited to covering the
335335 265cost of those necessary medical visits, procedures, prescriptions and costs. The secretary shall,
336336 266by regulation or otherwise, make provision to keep the program efficient and economical.
337337 267 The secretary shall provide, subject to the appropriation, a behavioral health assistance
338338 268benefit over and above other benefits under this chapter. A recipient of the behavioral health 14 of 27
339339 269assistance benefit shall, where applicable, make use of private, state or federally funded
340340 270resources before seeking aid under this chapter. The behavioral health assistance benefit shall
341341 271include but not be limited to covering the cost of those necessary outpatient behavioral health
342342 272assessments, evaluations, visits, prescriptions, costs and other such treatment as the secretary
343343 273shall determine through regulations. The secretary shall, by regulation or otherwise, make
344344 274provision to keep the program efficient and economical.
345345 275 The secretary shall provide, subject to appropriation, a dental assistance benefit over and
346346 276above other benefits under this chapter. A recipient of the dental assistance benefit shall, where
347347 277applicable, make use of private, state or federally funded resources before seeking aid under this
348348 278chapter. The dental assistance benefit shall include but not be limited to covering the cost of
349349 279those necessary medical visits, procedures, prescriptions and costs. The secretary shall, by
350350 280regulation or otherwise, make provision to keep the program efficient and economical.
351351 281 SECTION 44. Section 2B of said chapter 115, as so appearing, is hereby amended by
352352 282striking out, in lines 7 and 8, each time it appears, the word “his” and inserting in place thereof
353353 283the following word:- a.
354354 284 SECTION 45. Section 3 of said chapter 115, as so appearing, is hereby amended by
355355 285striking out, in line 17, the following word:- his.
356356 286 SECTION 46. Said section 3 of said chapter 115, as so appearing, is hereby further
357357 287amended by striking out, in line 18, the following words:- civil war.
358358 288 SECTION 47. Said section 3 of said chapter 115, as so appearing, is hereby further
359359 289amended by striking out, in lines 18 to 19, the words “his wife or widow” and inserting in place
360360 290thereof the following words:- a veteran’s spouse or widowed person. 15 of 27
361361 291 SECTION 48. Said section 3 of said chapter 115, as so appearing, is hereby further
362362 292amended by striking out, in line 20, the word “him” and inserting in place thereof the following
363363 293words:- the secretary.
364364 294 SECTION 49. Said section 3 of said chapter 115, as so appearing, is hereby further
365365 295amended by striking out, in line 20, the word “his” and inserting in place thereof the following
366366 296words:- the agent’s.
367367 297 SECTION 50. Said section 3 of said chapter 115, as so appearing, is hereby further
368368 298amended by striking out, in line 24, the word “he” and inserting in place thereof the following
369369 299words:- the veteran.
370370 300 SECTION 51. Said section 3 of said chapter 115, as so appearing, is hereby amended by
371371 301striking out, in line 24, the word “his” and inserting in place thereof the following words:- the
372372 302veteran’s.
373373 303 SECTION 52. Said section 3 of said chapter 115, as so appearing, is hereby further
374374 304amended by striking out, in lines 25 and 27, each time it appears, the word “him” and inserting in
375375 305place thereof the following words:- the agent.
376376 306 SECTION 53. Section 4 of said chapter 115, as so appearing, is hereby amended by
377377 307striking out, in lines 4, 5 and 8, each time it appears, the word “his” and inserting in place thereof
378378 308the following word:- the.
379379 309 SECTION 54. Said section 4 of said chapter 115, as so appearing, is hereby further
380380 310amended by striking out, in line 14, the word “widow” and inserting in place thereof the
381381 311following words:- widowed person. 16 of 27
382382 312 SECTION 55. Said section 4 of said chapter 115, as so appearing, is hereby further
383383 313amended by striking out, in line 20, the word “his” and inserting in place thereof the following
384384 314word:- their.
385385 315 SECTION 56. Section 5 of said chapter 115, as so appearing, is hereby amended by
386386 316striking out, in line 2, the word “he” and inserting in place thereof the following words:- the
387387 317veteran.
388388 318 SECTION 57. Said section 5 of said chapter 115, as so appearing, is hereby further
389389 319amended by striking out, in line 3, the word “he” and inserting in place thereof the following
390390 320word:- they.
391391 321 SECTION 58. Said section 5 of said chapter 115, as so appearing, is hereby further
392392 322amended by striking out, in lines 4, 7, 16, 25, 26, 43, 45, 51, 54, 59, 62, 63 and 66, each time it
393393 323appears, the word “his” and inserting in place thereof the following word:- their.
394394 324 SECTION 59. Said section 5 of said chapter 115, as so appearing, is hereby further
395395 325amended by striking out, in lines 5 to 10, the words “unless he has actually resided within the
396396 326commonwealth continuously for three years next preceding the date of his application for such
397397 327benefits, nor unless the veteran of whom he is a dependent has actually resided within the
398398 328commonwealth continuously for three years next preceding the date of such dependent’s
399399 329application for such benefits” and inserting in place thereof the following words:- except upon
400400 330like terms.
401401 331 SECTION 60. Said section 5 of said chapter 115, as so appearing, is hereby further
402402 332amended by striking out, in lines 22 and 27, each time it appears, the word “him” and inserting in
403403 333place thereof the following word:- them. 17 of 27
404404 334 SECTION 61. Said section 5 of said chapter 115, as so appearing, is hereby further
405405 335amended by striking out, in line 24, the word “himself” and inserting in place thereof the
406406 336following word:- themselves.
407407 337 SECTION 62. Said section 5 of said chapter 115, as so appearing, is hereby further
408408 338amended by striking out in lines 39 and 54, the word “his” and inserting in place thereof the
409409 339following words:- the veteran’s.
410410 340 SECTION 63. Said section 5 of said chapter 115, as so appearing, is hereby further
411411 341amended by striking out, in line 42, the word “his” and inserting in place thereof the following
412412 342words:- the secretary’s.
413413 343 SECTION 64. Said section 5 of said chapter 115, as so appearing, is hereby further
414414 344amended by striking out, in line 55, the word “he” and inserting in place thereof the following
415415 345words:- the veteran.
416416 346 SECTION 65. Said section 5 of said chapter 115, as so appearing, is hereby further
417417 347amended by striking out, in line 57, the word “him” and inserting in place thereof the following
418418 348words:- the veteran.
419419 349 SECTION 66. Said section 5 of said chapter 115, as so appearing, is hereby further
420420 350amended by striking out, in line 59, the word “He” and inserting in place thereof the following
421421 351word:- They.
422422 352 SECTION 67. Said section 5 of said chapter 115, as so appearing, is hereby further
423423 353amended by striking out, in line 61, the word “he” and inserting in place thereof the following
424424 354word:- they. 18 of 27
425425 355 SECTION 68. Said section 5 of said chapter 115, as so appearing, is hereby further
426426 356amended by striking out, in line 74, the word “him” and inserting in place thereof the following
427427 357words:- them.
428428 358 SECTION 69. Said section 5 of said chapter 115, as so appearing, is hereby further
429429 359amended by striking out, in line 92, the word “his” and inserting in place thereof the following
430430 360words:- the veterans’ agent’s.
431431 361 SECTION 70. Said section 5 of said chapter 115, as so appearing, is hereby further
432432 362amended by striking out, in lines 95, 99 and 103, each time it appears, the word “mother” and
433433 363inserting in place thereof the following word:- parent.
434434 364 SECTION 71. Said section 5 of said chapter 115, as so appearing, is hereby further
435435 365amended by striking out, in line 100, the word “her” and inserting in place thereof the following
436436 366words:- the parent’s own.
437437 367 SECTION 72. Said section 5 of said chapter 115, as so appearing, is hereby further
438438 368amended by striking out, in lines 102 and 103, each time it appears, the word “his” and inserting
439439 369in place thereof the following words:- the veteran’s.
440440 370 SECTION 73. Said section 5 of said chapter 115, as so appearing, is hereby further
441441 371amended by striking out, in line 106, the word “him” and inserting in place thereof the following
442442 372words:- the secretary.
443443 373 SECTION 74. The seventh paragraph of said section 5 of said chapter 115, as so
444444 374appearing, is hereby amended by adding the following sentence:- An increase in income from a
445445 375cost-of-living adjustment made to social security, supplemental security income or social 19 of 27
446446 376security disability insurance shall not serve to render any recipient ineligible for benefits under
447447 377this chapter in the year that the cost-of-living adjustment was issued.
448448 378 SECTION 75. Section 5A of said chapter 115, as so appearing, is hereby amended by
449449 379striking out, in lines 2, 8, 11, 40, 57, 60, and 63 to 64, each time they appear, the words “mother
450450 380or father” and inserting in place thereof the following word:- parent.
451451 381 SECTION 76. Said section 5A of said chapter 115, as so appearing, is hereby further
452452 382amended by striking out, in lines 16 to 17, the words “mother’s or father’s” and inserting in place
453453 383thereof the following word:- parent’s.
454454 384 SECTION 77. Said section 5A of said chapter 115, as so appearing, is hereby further
455455 385amended by striking out, in line 33, the word “him” and inserting in place thereof the following
456456 386word:- them.
457457 387 SECTION 78. Said section 5A of said chapter 115, as so appearing, is hereby further
458458 388amended by striking out, in line 41, the words “in his” and inserting in place thereof the
459459 389following words:- within their.
460460 390 SECTION 79. Said section 5A of said chapter 115, as so appearing, is hereby further
461461 391amended by striking out, in line 45, the word “his” and inserting in place thereof the following
462462 392words:- the secretary’s.
463463 393 SECTION 80. Said section 5A of said chapter 115, as so appearing, is hereby further
464464 394amended by striking out, in lines 47 to 48, the words “the petition in his own name” and inserting
465465 395in place thereof the following words:- a petition. 20 of 27
466466 396 SECTION 81. Section 6 of said chapter 115, as so appearing, is hereby amended by
467467 397striking out, in line 3, the word “him”.
468468 398 SECTION 82. Said section 6 of said chapter 115, as so appearing, is hereby further
469469 399amended by striking out, in line 12, each time it appears, the word “him” and inserting in place
470470 400thereof the following words:- the secretary.
471471 401 SECTION 83. Said section 6 of said chapter 115, as so appearing, is hereby further
472472 402amended by striking out, in lines 15 and 19, each time it appears, the word “he” and inserting in
473473 403place thereof the following words:- the secretary.
474474 404 SECTION 84. Section 6A of said chapter 115, as so appearing, is hereby repealed.
475475 405 SECTION 85. Section 6B of chapter 115 of the General Laws, as appearing in the 2022
476476 406Official Edition, is hereby amended by striking out, in lines 19, 28 and 35, each time it appears,
477477 407the figure “2,000” and inserting in place thereof the following figure:- 2,250.
478478 408 SECTION 86. Said section 6B of said chapter 115, as so appearing, is hereby further
479479 409amended by striking out, in lines 19, 28 and 35, each time it appears, the figure “2,250” and
480480 410inserting in place thereof the following figure:- 2,500.
481481 411 SECTION 87. Said section 6B of said chapter 115, as so appearing, is hereby further
482482 412amended by striking out, in lines 21 and 30, each time it appears, the word “his” and inserting in
483483 413place thereof the following words:- the veteran’s.
484484 414 SECTION 88. Section 7 of said chapter 115, as so appearing, is hereby amended by
485485 415striking out, in line 4, the word “He” and inserting in place thereof the following words:- The
486486 416burial agent. 21 of 27
487487 417 SECTION 89. Said section 7 of said chapter 115, as so appearing, is hereby further
488488 418amended by striking out, in line 8, the words “his wife, or his widow” and inserting in place
489489 419thereof the following words:- spouse, or widowed person.
490490 420 SECTION 90. Said section 7 of said chapter 115, as so appearing, is hereby further
491491 421amended by striking out, in line 10, the word “him” and inserting in place thereof the following
492492 422words:- the burial agent.
493493 423 SECTION 91. Said section 7 of said chapter 115, as so appearing, is hereby further
494494 424amended by striking out, in lines 12 and 14, each time it appears, the word “he” and inserting in
495495 425place thereof the following words:- the burial agent.
496496 426 SECTION 92. Said section 7 of said chapter 115, as so appearing, is hereby further
497497 427amended by striking out, in line 17, the word “his” and inserting in place thereof the following
498498 428word:- their.
499499 429 SECTION 93. Section 8 of said chapter 115, as so appearing, is hereby amended by
500500 430striking out, in line 23, the words “widow, or widower” and inserting in place thereof the
501501 431following words:- widowed person.
502502 432 SECTION 94. Section 9 of said chapter 115, as so appearing, is hereby amended by
503503 433striking out, in line 3, the words “, as defined in clause Forty-third of section seven of chapter
504504 434four,”.
505505 435 SECTION 95. Said chapter 115 of the General Laws, as so appearing, is hereby amended
506506 436by inserting after Section 9 the following section:- 22 of 27
507507 437 Section 9A. The executive office of veterans’ services shall have the authority to operate,
508508 438maintain and expand the Massachusetts Veterans’ Memorial Cemetery located in Agawam and
509509 439the Massachusetts Veterans’ Memorial Cemetery located in Winchendon, and may add new
510510 440locations, subject to the availability of funds, to meet veterans and dependents’ needs. This
511511 441authority includes, but is not limited to, the maintenance and upkeep of the cemetery grounds,
512512 442facilities and infrastructure, the burial and interment services in accordance with established
513513 443federal protocols and regulations and the overall management and administration of the
514514 444cemeteries. The executive office may adopt additional rules, regulations and policies as
515515 445necessary to fulfill its responsibilities and ensure the proper functioning of the cemeteries under
516516 446its control.
517517 447 SECTION 96. Section 10 of chapter 115 of the General Laws, as appearing in the 2022
518518 448Official Edition, is hereby amended by striking out, in line 23, the word “his” and inserting in
519519 449place thereof the following word:- their.
520520 450 SECTION 97. Said section 10 of said chapter 115, as so appearing, is hereby further
521521 451amended by striking out, in lines 31 and 32, the words “duties of his office” and inserting in
522522 452place thereof the following words:- office’s duties.
523523 453 SECTION 98. Said section 10 of said chapter 115, as so appearing, is hereby further
524524 454amended by striking out, in line 32, the word “his” and inserting in place thereof the following
525525 455word:- the.
526526 456 SECTION 99. Said section 10 of said chapter 115, as so appearing, is hereby further
527527 457amended by striking out, in line 37, the words “his duties as treasurer of the district” and
528528 458inserting in place thereof the following words:- the district treasurer’s duties. 23 of 27
529529 459 SECTION 100. Section 11 of said chapter 115, as so appearing, is hereby amended by
530530 460striking out, in lines 2 and 5, each time it appears, the word “his” and inserting in place thereof
531531 461the following word:- their.
532532 462 SECTION 101. Said section 11 of said chapter 115, as so appearing, is hereby further
533533 463amended by striking out, in lines 3 to 4, the word “chairman” and inserting in place thereof the
534534 464following word:- chairperson.
535535 465 SECTION 102. Said section 11 of said chapter 115, as so appearing, is hereby further
536536 466amended by striking out, in line 24, the word “his” and inserting in place thereof the following
537537 467word:- the.
538538 468 SECTION 103. Section 15 of said chapter 115, as so appearing, is hereby amended by
539539 469striking out, in line 4, the words “he, and his duly accredited agents,” and inserting in place
540540 470thereof the following words: they and their agents.
541541 471 SECTION 104. Said section 15 of said chapter 115, as so appearing, is hereby further
542542 472amended by striking out, in line 11, the word “his” and inserting in place thereof the following
543543 473word:- a.
544544 474 SECTION 105. Section 16 of said chapter 115, as so appearing, is hereby amended by
545545 475inserting after the first sentence the following sentence:- The veterans equality review board
546546 476shall also ensure that veterans who received an other than honorable discharge because of sex,
547547 477race, color, religious creed, national origin, age, genetic information, ancestry, marital status,
548548 478disability or any U.S. Department of Veterans Affairs category eligible for upgrade, including,
549549 479but not limited to, mental health conditions, military sexual trauma and traumatic brain injury,
550550 480receive state-based veteran benefits. 24 of 27
551551 481 SECTION 106. Section 9 of chapter 115A of the General Laws, as so appearing, is
552552 482hereby amended by striking out, in line 3, the words “home in the city of Chelsea” and inserting
553553 483in place thereof the following word:- homes.
554554 484 SECTION 107. Section 3 of chapter 115B of the General Laws, as so appearing, is
555555 485hereby amended by striking out, in line 16, the words “home in the city of Chelsea; and the chair
556556 486of the board of trustees of the veterans’ home in the city of Holyoke” and inserting in place
557557 487thereof the following word:- homes.
558558 488 SECTION 108. Subsection (c) of section 73B of chapter 272 of the General Laws, as so
559559 489appearing, is hereby amended by striking out, in lines 18 and 23, each time it appears, the word
560560 490“department” and inserting in place thereof the following words:- executive office.
561561 491 SECTION 109. Section 11 of chapter 276A of the General Laws, as so appearing, is
562562 492hereby amended by striking out, in lines 6 and 13, each time it appears, the word “department”
563563 493and inserting in place thereof the following words:- executive office.
564564 494 SECTION 110. Section 3 of chapter 71 of the acts of 1996, as amended by section 2 of
565565 495chapter 468 of the acts of 2002, is hereby amended by striking out the second paragraph.
566566 496 SECTION 111. Notwithstanding any general or special law to the contrary, any member
567567 497of a retirement system who is a member in service and a veteran who failed to make the purchase
568568 498authorized in paragraph (h) of subdivision (1) of section 4 of chapter 32 of the General Laws
569569 499within the required 180 days pursuant to chapter 71 of the acts of 1996, as amended, shall be
570570 500given a 1-time opportunity to apply to the retirement system to make said purchase within 1
571571 501years from the effective date of this act. Each retirement system shall provide written notice to 25 of 27
572572 502all members in service of their potential eligibility for this purchase within 90 days of the
573573 503effective date of this act.
574574 504 SECTION 112. Notwithstanding any general or special law to the contrary, the secretary
575575 505of veterans’ services, in coordination with the executive office of health and human services,
576576 506shall convene a working group to review alternative therapies for mental health treatments for
577577 507veterans. The working group shall: (i) study whether psychedelic therapy is associated with
578578 508improved outcomes among veterans with diagnosed mental health disorders; (ii) evaluate
579579 509literature, research trials and expert opinions to determine if psychedelic therapy is associated
580580 510with improved outcomes regarding mental health treatment for veterans; and (iii) issue
581581 511recommendations regarding the provision of psychedelic therapy to treat veterans with mental
582582 512health disorders in Massachusetts. As used in this section, “psychedelic therapy” shall mean the
583583 513use of psilocybin, ketamine, or 3,4 methylenedioxymethamphetamine, under the direction of a
584584 514health care provider, to treat mental health disorders.
585585 515 The secretary shall appoint the following members of the working group: 2 members who
586586 516shall represent medical centers or hospitals in Massachusetts that serve veterans; 2 members who
587587 517shall represent health insurance companies; 2 members who shall represent veteran-services
588588 518organizations; 1 member who shall represent an organization currently studying this subject
589589 519matter; and such other members as the secretary deems necessary. The members of the working
590590 520group shall have experience in behavioral health or veteran services. The secretary may
591591 521designate a chair of the working group.
592592 522 Not later than January 1, 2025, the working group shall file a report of its findings and
593593 523any recommendations with the clerks of the senate and house of representatives, the joint 26 of 27
594594 524committee on veterans and federal affairs, and the joint committee on mental health, substance
595595 525use and recovery.
596596 526 SECTION 113. (a) Notwithstanding any general or special law to the contrary, the
597597 527executive office of veterans’ services shall administer a 2-year pilot program to offer
598598 528reimbursement to veterans who: (i) have a service-related injury that necessitates treatment for
599599 529infertility through in vitro fertilization; (ii) reside in the commonwealth; and (iii) would
600600 530otherwise be eligible to receive coverage for that treatment by the U.S. Department of Veterans
601601 531Affairs but have been denied coverage solely due to being married to a spouse of the same sex.
602602 532 (b) Eligible veterans seeking coverage under this section shall submit appropriate
603603 533documentation, as the executive office requires, which may include, but not be limited to, proof
604604 534of denial of coverage from the U.S. Department of Veterans Affairs and medical documentation
605605 535supporting the need for treatment. Any information provided under this section to the executive
606606 536office shall be held confidential consistent with federal and state law.
607607 537 (c) The executive office may contract with a vendor to facilitate the program and develop
608608 538policies or procedures required for the administration of this section.
609609 539 (d) There shall be a working group to review and advise the executive office on the pilot
610610 540program. The secretary of the executive office of veterans’ services shall assess and determine
611611 541who will be on the working group, and at least one member shall be a veteran who shall
612612 542represent the interest of same sex couples.
613613 543 The working group shall advise on matters including, but not limited to, the following: (i)
614614 544the implementation of the pilot program; (ii) the potential long-term funding strategies to provide
615615 545reimbursement for in vitro fertilization for the population of veterans described in subsection (a); 27 of 27
616616 546and (iii) any additional areas where veterans receive disparate access to health care services from
617617 547the U.S. Department of Veterans Affairs, not limited to sexual orientation or marital status.
618618 548 (e) Not later than 3 months after the conclusion of the pilot program, the executive office
619619 549shall post a report on its website which describes the activities of the pilot program and all the
620620 550working group’s recommendations.
621621 551 SECTION 114. Sections 43 and 85 shall take effect as of July 1, 2024.
622622 552 SECTION 115. Section 86 shall take effect as of July 1, 2025.
623623 553 SECTION 116. Sections 15 and 17 through 23, inclusive, shall take effect 6 months from
624624 554the effective date of this act.