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2 | 2 | | SENATE DOCKET, NO. 1825 FILED ON: 1/20/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2352 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Michael F. Rush |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act ensuring the fair treatment of military service members and veterans. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Michael F. RushNorfolk and SuffolkPaul McMurtry11th Norfolk2/2/2023 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 1825 FILED ON: 1/20/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2352 |
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18 | 18 | | By Mr. Rush, a petition (accompanied by bill, Senate, No. 2352) of Michael F. Rush and Paul |
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19 | 19 | | McMurtry for legislation to ensure the fair treatment of military service members and veterans. |
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20 | 20 | | Veterans and Federal Affairs. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act ensuring the fair treatment of military service members and veterans. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Section 1 of chapter 12A of the General Laws is hereby amended by |
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30 | 30 | | 2inserting after the definition of “Contractor” the following definition:- |
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31 | 31 | | 3 ''Uniformed services'', shall have the same meaning as in 38 U.S.C. section 4303(16) and |
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32 | 32 | | 4shall include: (i) the armed forces of the commonwealth, including the state defense force or |
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33 | 33 | | 5similar organization composed as permitted by law; (ii) the state staff when engaged in duty |
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34 | 34 | | 6under this chapter or Title 32 of the United States Code; or (iii) the armed forces of another state |
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35 | 35 | | 7or territory when ordered to active duty under appropriate authority. |
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36 | 36 | | 8 SECTION 2. Said chapter 12A is hereby further amended by inserting after section 7 the |
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37 | 37 | | 9following section:- |
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38 | 38 | | 10 Section 71/2. (a) There shall be a veteran employment and reemployment rights division |
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39 | 39 | | 11within the office of the inspector general to assist veterans and service members with |
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40 | 40 | | 12employment disputes. There shall be within the division: (i) intake officers to serve as the 2 of 2 |
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41 | 41 | | 13designated initial point of contact for veterans and service members within the division; (ii) |
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42 | 42 | | 14investigators to conduct the division’s formal inquiries or investigations, as necessary; and (iii) |
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43 | 43 | | 15mediators to act as an intermediary between veterans and service members and employers. |
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44 | 44 | | 16 (b) Under the direction of the office of the inspector general, the veteran employment and |
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45 | 45 | | 17reemployment rights division shall: (i) employ intake officers to meet with veterans and service |
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46 | 46 | | 18members, gather preliminary evidence and facts from the service member or veteran, and gather |
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47 | 47 | | 19preliminary evidence on military service, employment, and reemployment; (ii) employ |
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48 | 48 | | 20investigators to contact employers and military components for the purpose of gathering |
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49 | 49 | | 21pertinent evidence; (iii) conclude whether there was improper conduct in violation of Sections |
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50 | 50 | | 224301 to 4333, inclusive, of title 38 of the United States Code, the Uniformed Services |
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51 | 51 | | 23Employment and Reemployment Rights Act or the General Laws; and (iv) employ mediators to |
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52 | 52 | | 24contact the employer and veteran to offer mediation to resolve disputes and correct any improper |
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53 | 53 | | 25conduct. |
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54 | 54 | | 26 (c) If mediation under this section is unsuccessful, the Office of the Inspector General |
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55 | 55 | | 27shall refer the case to the attorney general for further action. |
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