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HOUSE DOCKET, NO. 191 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 3872
The Commonwealth of Massachusetts
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PRESENTED BY:
Kelly W. Pease
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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 expanding the mission of the Office of the Veteran Advocate.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kelly W. Pease4th Hampden1/7/2025Dennis C. Gallagher8th Plymouth1/9/2025 1 of 5
HOUSE DOCKET, NO. 191 FILED ON: 1/7/2025
HOUSE . . . . . . . . . . . . . . . No. 3872
By Representative Pease of Westfield, a petition (accompanied by bill, House, No. 3872) of
Kelly W. Pease and Dennis C. Gallagher relative to the mission of the Office of the Veteran
Advocate. Veterans and Federal Affairs.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act expanding the mission of the Office of the Veteran Advocate.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 115B: OFFICE OF THE MILITARY AND VETERAN ADVOCATE
2 Section 1: Definitions
3 Section 1. As used in this chapter, the following words shall, unless the context clearly
4requires otherwise, have the following meanings:
5 “Active Duty” shall include (1) full time service; and (2) any period of active or inactive
6duty for training during which the individual was disabled or died.
7 “Armed Forces” shall include army, marine corps, navy, air force, space force, coast
8guard and any additional military service created by the U.S. Department of Defense including
9reserve components thereof.
10 [ Definition of "Executive agency'' effective until May 30, 2023. For text effective May
1130, 2023, see below.] 2 of 5
12 "Executive agency'', a state agency within the office of the governor, including the
13executive office of education, the executive office of public safety and security, executive office
14of health and human services, and their constituent agencies, the Massachusetts interagency
15council on housing and homelessness and the executive office of housing and economic
16development, and their constituent agencies.
17 [ Definition of "Executive agency'' as amended by 2023, 7, Sec. 245 effective May 30,
182023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
19 "Executive agency'', a state agency within the office of the governor, including the
20executive office of education, the executive office of public safety and security, executive office
21of health and human services, and their constituent agencies, the Massachusetts interagency
22council on housing and homelessness and the executive office of housing and livable
23communities, and their constituent agencies.
24 "Nominating committee'', the nominating committee established in section 3.
25 "Office'', the office of the veteran advocate established in section 2.
26 "Veteran advocate'', the veteran advocate appointed under section 3.
27 “Uniformed Services” shall include armed forces, commissioned corps of the public
28health service and commissioned corps of the national oceanic and atmospheric administration.
29 Section 2: Office of the military and veteran advocate
30 Section 2. There shall be an office of the military and veteran advocate, which shall be
31independent of any supervision or control by any executive agency. The office shall provide
32overarching support to the uniformed service and to all veterans and their families and serve as a 3 of 5
33liaison and advocate on behalf of the servicemember and veteran population residing in the
34Commonwealth to all relevant federal agencies. The office shall: (i) ensure that veterans and
35servicemembers in the care of the commonwealth or receiving services under the supervision of
36an executive agency in any public or private facility receive humane and dignified treatment at
37all times, with full respect for the veterans' or servicemembers’ personal dignity and right to
38privacy; (ii) ensure that veterans and servicemembers in the care of the commonwealth or
39receiving services under the supervision of an executive agency in any public or private facility
40receive timely, safe and effective services; (iii) aid and coordinate with local veterans service
41agents to ensure veterans receive all available state and federal benefits; (iv) examine, on a
42system-wide basis, the care and services that executive agencies provide veterans and
43servicemembers; (v) advise the public and those at the highest levels of state government about
44how the commonwealth may improve its services to and for veterans, servicemembers, and their
45families; (vi) develop internal procedures appropriate for the effective performance of the office's
46duties; (vii) assist in developing procedures for the executive agencies to best serve the veteran
47and servicemember community;; and (viii) investigate incidents where a veteran suffered a
48fatality, near fatality or serious bodily or emotional injury while receiving services from an
49executive agency, or circumstances which result in a reasonable belief that an executive agency
50or a constituent agency failed in its duty to care for a veteran and, as a result, the veteran was at
51imminent risk of, or suffered serious bodily or emotional injury or death.
52 Section 3: Military and Veteran advocate; nomination and appointment; term; removal
53 Section 3. The office of the military and veteran advocate shall be under the direction of
54the military and veteran advocate. The military and veteran advocate shall be the administrative
55head of the office and shall devote full time to the duties of the office. The military and veteran 4 of 5
56advocate shall be appointed by a majority vote of the attorney general, the state auditor and the
57governor from a list of 3 nominees submitted by a nominating committee to recommend a
58military and veteran advocate. The nominating committee shall consist of: the secretary of health
59and human services, or a designee, who shall serve as chair; the secretary of veterans' services, or
60a designee; the secretary of public safety, or a designee; the commissioner of mental health, or a
61designee; the house and senate chairs of the joint committee on veterans and federal affairs; the
62adjutant general of the Massachusetts national guard; a representative of the veterans of foreign
63wars department of Massachusetts; a representative of the American legion department of
64Massachusetts;
65 the chair of the board of trustees of the veterans' home in the city of Chelsea; and the
66chair of the board of trustees of the veterans' home in the city of Holyoke. The nominating
67committee shall submit salary recommendations for the candidates commensurate with the
68candidates' experience and other similar state positions. The work of the nominating committee
69shall be coordinated by the executive office of health and human services.
70 Any person appointed to the position of military and veteran advocate shall be selected
71without regard to political affiliation and on the basis of integrity and demonstrated ability in
72military culture and veteran welfare, justice, auditing, law, health care, management analysis,
73public administration and investigation or criminal justice administration. The military and
74veteran advocate may, subject to appropriation, appoint such other personnel as the military and
75veteran advocate deems necessary for the efficient management of the office.
76 The military and veteran advocate shall serve for a term of 5 years. In the case of a
77vacancy in the position of the military and veteran advocate, a successor shall be appointed in the 5 of 5
78same manner for the remainder of the unexpired term. No person shall be appointed as military
79and veteran advocate for more than 2 full terms.
80 The military and veteran advocate may be removed from office for cause by a majority
81vote of the attorney general, the state auditor and the governor. Such cause may include
82substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of
83the military and veteran advocate shall be stated in writing and shall be sent to the clerks of the
84senate and house of representatives and to the governor at the time of removal and shall be a
85public document.
86 Section 4: Annual report
87 Section 4. The military and veteran advocate shall report annually to the governor, the
88senate president, the speaker of the house of representatives, the senate and the house committees
89on ways and means, and the joint committee on veterans and federal affairs on the activities of
90the office, including, but not limited to, an analysis of the delivery of services to veterans,
91servicemember and their families and recommendations for changes in agency procedures which
92would enable the commonwealth to better provide services to and for veterans, servicemembers
93and their families and priorities for implementation of those changes to services. The report shall
94be made public on the website of the veteran advocate.