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2 | 2 | | HOUSE DOCKET, NO. 1528 FILED ON: 1/15/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3847 |
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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 | | Jessica Ann Giannino |
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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 recognizing and providing assistance for military service-related injuries from agent |
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13 | 13 | | orange and burn pits. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Jessica Ann Giannino16th Suffolk1/15/2025 1 of 5 |
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17 | 17 | | HOUSE DOCKET, NO. 1528 FILED ON: 1/15/2025 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3847 |
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19 | 19 | | By Representative Giannino of Revere, a petition (accompanied by bill, House, No. 3847) of |
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20 | 20 | | Jessica Ann Giannino for legislation to recognize and provide assistance for military service- |
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21 | 21 | | related injuries from agent orange and burn pits. Veterans and Federal Affairs. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act recognizing and providing assistance for military service-related injuries from agent |
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28 | 28 | | orange and burn pits. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Chapter 33 of the General Laws is hereby amended by inserting after |
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32 | 32 | | 2section 67B the following section:- |
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33 | 33 | | 3 Section 67C. There shall be a Massachusetts orange heart medal to be presented to a |
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34 | 34 | | 4service member or veteran who suffered a service-connected disease, condition or injury related |
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35 | 35 | | 5to the exposure to harmful toxins, herbicides, agents or materials including, but not limited to, |
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36 | 36 | | 6exposure to agent orange and burn pits, where the exposure occurred while serving in the armed |
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37 | 37 | | 7forces of the United States, active or reserve components, or the Massachusetts national guard. A |
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38 | 38 | | 8service member shall have entered military service or state active duty from the commonwealth, |
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39 | 39 | | 9have been a resident of the commonwealth at the time of death or have been a member of the |
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40 | 40 | | 10Massachusetts national guard at the time of death. To be eligible, a service member or veteran |
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41 | 41 | | 11must have served after December 6, 1941. The adjutant general or designee and 2 field grade |
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42 | 42 | | 12officers of the armed forces of the commonwealth detailed by the commander-in-chief shall 2 of 5 |
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43 | 43 | | 13constitute a commission to make recommendations to the commander-in-chief for the awarding |
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44 | 44 | | 14of the Massachusetts orange heart medal. The presentation of the Massachusetts orange heart |
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45 | 45 | | 15medal pursuant to this section shall not preclude an award of the Massachusetts medal of fidelity |
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46 | 46 | | 16pursuant to section 67B. |
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47 | 47 | | 17 SECTION 2. Chapter 115 of the General Laws is hereby amended by adding the |
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48 | 48 | | 18following section:- |
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49 | 49 | | 19 Section 18. (a) For the purposes of this section, the following words shall, unless the |
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50 | 50 | | 20context clearly requires otherwise, have the following meanings: |
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51 | 51 | | 21 "Agent orange", the herbicide composed primarily of trichlorophenoxyacetic acid (2, 4, 5 |
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52 | 52 | | 22T) and dichlorophenoxyacetic acid (2, 4 D) and its contaminant tetrachlorodibenzo-para-dioxin |
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53 | 53 | | 23(2, 3, 7, 8 dioxin, TCDD). |
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54 | 54 | | 24 "Chemical agent", dioxin or other toxic substances found in certain defoliants, herbicides, |
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55 | 55 | | 25pesticides and similar chemical substances or causative agents. |
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56 | 56 | | 26 "Board", the veterans agent orange advisory board. |
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57 | 57 | | 27 "Program", the agent orange information and assistance program. |
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58 | 58 | | 28 “Vietnam veteran”, as defined in clause Forty-third of section 7 of chapter 4 of the |
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59 | 59 | | 29General Laws. |
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60 | 60 | | 30 (b) There shall be a veterans agent orange advisory board to assist the secretary in |
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61 | 61 | | 31administering the agent orange and burn pit information and assistance program established |
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62 | 62 | | 32pursuant to subsection (c). The board shall consist of: 3 members appointed by the secretary of |
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63 | 63 | | 33veterans' services; and 2 members appointed by the governor. All members shall, by education or 3 of 5 |
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64 | 64 | | 34experience, be knowledgeable of veterans benefits and programs and have demonstrated interest |
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65 | 65 | | 35in veteran affairs. A majority of the members shall be veterans. Members shall serve for 5 years. |
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66 | 66 | | 36The members shall vote to select a chair. If a vacancy occurs, it shall be filled for the balance of |
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67 | 67 | | 37the unexpired term in the same manner as the original appointment. A majority of the appointed |
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68 | 68 | | 38and serving members of the board shall constitute a quorum of the board for the transaction of |
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69 | 69 | | 39business. An action of the board shall be approved by a majority vote of the members present at |
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70 | 70 | | 40a meeting where a quorum is present. The members of the board shall serve without |
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71 | 71 | | 41compensation. |
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72 | 72 | | 42 (c) The secretary shall develop and administer, in consultation with the veterans agent |
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73 | 73 | | 43orange advisory board established in subsection (b), the agent orange information and assistance |
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74 | 74 | | 44program to identify and assist Vietnam, Gulf War and Post September 11 veterans exposed to |
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75 | 75 | | 45agent orange or other chemical agents in connection with their military service. The program |
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76 | 76 | | 46shall: |
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77 | 77 | | 47 (1) study, evaluate and provide information regarding epidemiological, genetic and other |
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78 | 78 | | 48studies, investigations and research that pertain to use of chemical agents, including agent |
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79 | 79 | | 49orange, and adverse health conditions that may be associated with exposure to chemical agents; |
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80 | 80 | | 50 (2) provide medical information to health professionals in the commonwealth regarding |
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81 | 81 | | 51the detection, diagnosis and treatment of acute and chronic symptoms that may be associated |
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82 | 82 | | 52with exposure to chemical agents, including agent orange; |
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83 | 83 | | 53 (3) monitor and report on the activities and policies of the federal government and other |
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84 | 84 | | 54states relating to the exposure of veterans to chemical agents, including agent orange; 4 of 5 |
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85 | 85 | | 55 (4) monitor existing programs for Vietnam, Gulf War and Post September 11 veterans at |
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86 | 86 | | 56the state or local level to determine if adequate services and resources exist, identify additional |
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87 | 87 | | 57areas of concern and make recommendations on behalf of Vietnam, Gulf War and Post |
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88 | 88 | | 58September 11 veterans to address these needs; |
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89 | 89 | | 59 (5) provide genetic information, screening and counseling to Vietnam, Gulf War and Post |
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90 | 90 | | 60September 11 veterans regarding the possible genetic effects which may be associated with |
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91 | 91 | | 61exposure to chemical agents, including agent orange; |
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92 | 92 | | 62 (6) establish, promote and maintain a public information service on agent orange |
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93 | 93 | | 63including, but not limited to, efforts to contact Vietnam, Gulf War and Post September 11 |
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94 | 94 | | 64veterans who may have been exposed to agent orange or other chemical agents; |
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95 | 95 | | 65 (7) establish and maintain a central registry of information on Vietnam, Gulf War and |
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96 | 96 | | 66Post September 11 veterans in the commonwealth who may have been exposed to agent orange |
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97 | 97 | | 67or other chemical substances; |
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98 | 98 | | 68 (8) refer Vietnam, Gulf War and Post September 11 veterans to appropriate state and |
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99 | 99 | | 69federal agencies or other available resources for treatment of adverse health conditions which |
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100 | 100 | | 70may have resulted from possible exposure to chemical agents, including agent orange, in |
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101 | 101 | | 71connection with their military service; |
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102 | 102 | | 72 (9) assist Vietnam, Gulf War and Post September 11 veterans in filing compensation |
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103 | 103 | | 73claims for disabilities that may have resulted from possible exposure to chemical agents, |
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104 | 104 | | 74including agent orange and burn pits; and 5 of 5 |
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105 | 105 | | 75 (10) communicate the concerns of Vietnam, Gulf War and Post September 11 veterans |
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106 | 106 | | 76related to exposure to chemical agents, including agent orange and burn pits, to appropriate state |
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107 | 107 | | 77and federal officials. |
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108 | 108 | | 78 (d) The secretary, in consultation with the board, shall promulgate regulations necessary |
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109 | 109 | | 79to implement this section. |
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