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HOUSE DOCKET, NO. 1152 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 613
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Bruce J. Ayers
_________________
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 increasing the penalties for unfair and deceptive actions perpetrated against persons with
disabilities and senior citizens.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 3
HOUSE DOCKET, NO. 1152 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 613
By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 613) of Bruce J.
Ayers relative to deceptive actions perpetrated against elderly and disabled persons. Elder
Affairs.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 723 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act increasing the penalties for unfair and deceptive actions perpetrated against persons with
disabilities and senior citizens.
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 29 of the General Laws is hereby amended by inserting, after
2Section 2NNN, as inserted by section 50 of chapter 43 of the Acts of 1997, the following new
3section:—
4 Section 2OOO. There is hereby established and set up on the books of the commonwealth
5a separate fund to be known as the Senior Citizens and Disabled Persons Abuse Prevention Fund.
6There shall be credited to said fund all revenues which are generated under the provisions of
7section 4 of chapter 93A which are in excess of any such revenues which were collected during
8each fiscal year. Amounts credited to said fund shall be available for expenditure, subject to
9appropriation, to 2 of 3
10 (1) prepare and distribute educational materials to inform senior citizens, disabled
11persons and other citizens of the commonwealth regarding consumer protection laws and
12consumer rights that are of particular interest to senior citizens or disabled persons, and
13 (2) to underwrite educational seminars and other forms of education and projects
14designed to explain deceptive investment or marketing practices which have historically targeted
15senior citizens and disabled persons.
16 SECTION 2. Section 1 of Chapter 93A of the General Laws is hereby amended by
17inserting the following paragraphs:—
18 (e) “Senior Citizen”, a person who is at least 65 years of age.
19 (f) “Persons with disabilities”, a person who has a physical or mental impairment which
20substantially limits one or more fundamental life activities. For the purposes of this paragraph,
21“physical or mental impairment” shall include such diseases or conditions as orthopedic, visual,
22speech and hearing impairment, cancer, heart disease, diabetes, mental retardation, and
23emotional illness; “fundamental life activities” shall include activities such as caring for one’s
24self, performing annual tasks, walking, seeing, hearing, speaking, breathing, learning and
25working.
26 SECTION 3. Section 4 of chapter 93A of the General Laws is hereby amended by
27inserting the following at the end of the first paragraph:—
28 “The court may also require such person to pay to the Commonwealth an additional civil
29penalty of not more than $2,500 for each such violation if the court finds that each violation was
30perpetrated against one or more senior citizens or persons with disabilities. 3 of 3
31 In determining whether to impose the additional civil penalty pursuant to this section and
32the amount thereof, the court shall consider, in addition to any other appropriate factors, the
33extent to which one or more of the following factors are present:
34 (1) Whether the defendant knew or should have known that his or her conduct was
35directed at one or more senior citizens or persons with disabilities.
36 (2) Whether the defendant’s conduct caused one or more senior citizens or persons with
37disabilities to suffer: loss or encumbrance of a primary residence, principal employment, or
38source of income; substantial loss of property or assets set aside or held for retirement or for
39personal or family care and maintenance; substantial loss of payments received under a pension
40or retirement plan or a government benefits program; or assets essential to the health or welfare
41of the senior citizens or persons with disabilities.
42 (3) Whether one or more senior citizens or persons with disabilities are substantially
43more vulnerable than other members of the public to the defendant’s conduct because of age,
44poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually
45suffered substantial physical, emotional or economic damage resulting from the defendant’s
46conduct.”