Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H613 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1152 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 613
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Bruce J. Ayers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act increasing the penalties for unfair and deceptive actions perpetrated against persons with
13	13	disabilities and senior citizens.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Bruce J. Ayers1st Norfolk1/18/2023 1 of 3
17	17	HOUSE DOCKET, NO. 1152 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 613
19	19	By Representative Ayers of Quincy, a petition (accompanied by bill, House, No. 613) of Bruce J.
20	20	Ayers relative to deceptive actions perpetrated against elderly and disabled persons. Elder
21	21	Affairs.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 723 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act increasing the penalties for unfair and deceptive actions perpetrated against persons with
30	30	disabilities and senior citizens.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting, after
34	34	2Section 2NNN, as inserted by section 50 of chapter 43 of the Acts of 1997, the following new
35	35	3section:—
36	36	4 Section 2OOO. There is hereby established and set up on the books of the commonwealth
37	37	5a separate fund to be known as the Senior Citizens and Disabled Persons Abuse Prevention Fund.
38	38	6There shall be credited to said fund all revenues which are generated under the provisions of
39	39	7section 4 of chapter 93A which are in excess of any such revenues which were collected during
40	40	8each fiscal year. Amounts credited to said fund shall be available for expenditure, subject to
41	41	9appropriation, to 2 of 3
42	42	10 (1) prepare and distribute educational materials to inform senior citizens, disabled
43	43	11persons and other citizens of the commonwealth regarding consumer protection laws and
44	44	12consumer rights that are of particular interest to senior citizens or disabled persons, and
45	45	13 (2) to underwrite educational seminars and other forms of education and projects
46	46	14designed to explain deceptive investment or marketing practices which have historically targeted
47	47	15senior citizens and disabled persons.
48	48	16 SECTION 2. Section 1 of Chapter 93A of the General Laws is hereby amended by
49	49	17inserting the following paragraphs:—
50	50	18 (e) “Senior Citizen”, a person who is at least 65 years of age.
51	51	19 (f) “Persons with disabilities”, a person who has a physical or mental impairment which
52	52	20substantially limits one or more fundamental life activities. For the purposes of this paragraph,
53	53	21“physical or mental impairment” shall include such diseases or conditions as orthopedic, visual,
54	54	22speech and hearing impairment, cancer, heart disease, diabetes, mental retardation, and
55	55	23emotional illness; “fundamental life activities” shall include activities such as caring for one’s
56	56	24self, performing annual tasks, walking, seeing, hearing, speaking, breathing, learning and
57	57	25working.
58	58	26 SECTION 3. Section 4 of chapter 93A of the General Laws is hereby amended by
59	59	27inserting the following at the end of the first paragraph:—
60	60	28 “The court may also require such person to pay to the Commonwealth an additional civil
61	61	29penalty of not more than $2,500 for each such violation if the court finds that each violation was
62	62	30perpetrated against one or more senior citizens or persons with disabilities. 3 of 3
63	63	31 In determining whether to impose the additional civil penalty pursuant to this section and
64	64	32the amount thereof, the court shall consider, in addition to any other appropriate factors, the
65	65	33extent to which one or more of the following factors are present:
66	66	34 (1) Whether the defendant knew or should have known that his or her conduct was
67	67	35directed at one or more senior citizens or persons with disabilities.
68	68	36 (2) Whether the defendant’s conduct caused one or more senior citizens or persons with
69	69	37disabilities to suffer: loss or encumbrance of a primary residence, principal employment, or
70	70	38source of income; substantial loss of property or assets set aside or held for retirement or for
71	71	39personal or family care and maintenance; substantial loss of payments received under a pension
72	72	40or retirement plan or a government benefits program; or assets essential to the health or welfare
73	73	41of the senior citizens or persons with disabilities.
74	74	42 (3) Whether one or more senior citizens or persons with disabilities are substantially
75	75	43more vulnerable than other members of the public to the defendant’s conduct because of age,
76	76	44poor health or infirmity, impaired understanding, restricted mobility, or disability, and actually
77	77	45suffered substantial physical, emotional or economic damage resulting from the defendant’s
78	78	46conduct.”