Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3872 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 191 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3872
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kelly W. Pease
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 expanding the mission of the Office of the Veteran Advocate.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kelly W. Pease4th Hampden1/7/2025Dennis C. Gallagher8th Plymouth1/9/2025 1 of 5
16	16	HOUSE DOCKET, NO. 191 FILED ON: 1/7/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3872
18	18	By Representative Pease of Westfield, a petition (accompanied by bill, House, No. 3872) of
19	19	Kelly W. Pease and Dennis C. Gallagher relative to the mission of the Office of the Veteran
20	20	Advocate. Veterans and Federal Affairs.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act expanding the mission of the Office of the Veteran Advocate.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 115B: OFFICE OF THE MILITARY AND VETERAN ADVOCATE
30	30	2 Section 1: Definitions
31	31	3 Section 1. As used in this chapter, the following words shall, unless the context clearly
32	32	4requires otherwise, have the following meanings:
33	33	5 “Active Duty” shall include (1) full time service; and (2) any period of active or inactive
34	34	6duty for training during which the individual was disabled or died.
35	35	7 “Armed Forces” shall include army, marine corps, navy, air force, space force, coast
36	36	8guard and any additional military service created by the U.S. Department of Defense including
37	37	9reserve components thereof.
38	38	10 [ Definition of "Executive agency'' effective until May 30, 2023. For text effective May
39	39	1130, 2023, see below.] 2 of 5
40	40	12 "Executive agency'', a state agency within the office of the governor, including the
41	41	13executive office of education, the executive office of public safety and security, executive office
42	42	14of health and human services, and their constituent agencies, the Massachusetts interagency
43	43	15council on housing and homelessness and the executive office of housing and economic
44	44	16development, and their constituent agencies.
45	45	17 [ Definition of "Executive agency'' as amended by 2023, 7, Sec. 245 effective May 30,
46	46	182023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]
47	47	19 "Executive agency'', a state agency within the office of the governor, including the
48	48	20executive office of education, the executive office of public safety and security, executive office
49	49	21of health and human services, and their constituent agencies, the Massachusetts interagency
50	50	22council on housing and homelessness and the executive office of housing and livable
51	51	23communities, and their constituent agencies.
52	52	24 "Nominating committee'', the nominating committee established in section 3.
53	53	25 "Office'', the office of the veteran advocate established in section 2.
54	54	26 "Veteran advocate'', the veteran advocate appointed under section 3.
55	55	27 “Uniformed Services” shall include armed forces, commissioned corps of the public
56	56	28health service and commissioned corps of the national oceanic and atmospheric administration.
57	57	29 Section 2: Office of the military and veteran advocate
58	58	30 Section 2. There shall be an office of the military and veteran advocate, which shall be
59	59	31independent of any supervision or control by any executive agency. The office shall provide
60	60	32overarching support to the uniformed service and to all veterans and their families and serve as a 3 of 5
61	61	33liaison and advocate on behalf of the servicemember and veteran population residing in the
62	62	34Commonwealth to all relevant federal agencies. The office shall: (i) ensure that veterans and
63	63	35servicemembers in the care of the commonwealth or receiving services under the supervision of
64	64	36an executive agency in any public or private facility receive humane and dignified treatment at
65	65	37all times, with full respect for the veterans' or servicemembers’ personal dignity and right to
66	66	38privacy; (ii) ensure that veterans and servicemembers in the care of the commonwealth or
67	67	39receiving services under the supervision of an executive agency in any public or private facility
68	68	40receive timely, safe and effective services; (iii) aid and coordinate with local veterans service
69	69	41agents to ensure veterans receive all available state and federal benefits; (iv) examine, on a
70	70	42system-wide basis, the care and services that executive agencies provide veterans and
71	71	43servicemembers; (v) advise the public and those at the highest levels of state government about
72	72	44how the commonwealth may improve its services to and for veterans, servicemembers, and their
73	73	45families; (vi) develop internal procedures appropriate for the effective performance of the office's
74	74	46duties; (vii) assist in developing procedures for the executive agencies to best serve the veteran
75	75	47and servicemember community;; and (viii) investigate incidents where a veteran suffered a
76	76	48fatality, near fatality or serious bodily or emotional injury while receiving services from an
77	77	49executive agency, or circumstances which result in a reasonable belief that an executive agency
78	78	50or a constituent agency failed in its duty to care for a veteran and, as a result, the veteran was at
79	79	51imminent risk of, or suffered serious bodily or emotional injury or death.
80	80	52 Section 3: Military and Veteran advocate; nomination and appointment; term; removal
81	81	53 Section 3. The office of the military and veteran advocate shall be under the direction of
82	82	54the military and veteran advocate. The military and veteran advocate shall be the administrative
83	83	55head of the office and shall devote full time to the duties of the office. The military and veteran 4 of 5
84	84	56advocate shall be appointed by a majority vote of the attorney general, the state auditor and the
85	85	57governor from a list of 3 nominees submitted by a nominating committee to recommend a
86	86	58military and veteran advocate. The nominating committee shall consist of: the secretary of health
87	87	59and human services, or a designee, who shall serve as chair; the secretary of veterans' services, or
88	88	60a designee; the secretary of public safety, or a designee; the commissioner of mental health, or a
89	89	61designee; the house and senate chairs of the joint committee on veterans and federal affairs; the
90	90	62adjutant general of the Massachusetts national guard; a representative of the veterans of foreign
91	91	63wars department of Massachusetts; a representative of the American legion department of
92	92	64Massachusetts;
93	93	65 the chair of the board of trustees of the veterans' home in the city of Chelsea; and the
94	94	66chair of the board of trustees of the veterans' home in the city of Holyoke. The nominating
95	95	67committee shall submit salary recommendations for the candidates commensurate with the
96	96	68candidates' experience and other similar state positions. The work of the nominating committee
97	97	69shall be coordinated by the executive office of health and human services.
98	98	70 Any person appointed to the position of military and veteran advocate shall be selected
99	99	71without regard to political affiliation and on the basis of integrity and demonstrated ability in
100	100	72military culture and veteran welfare, justice, auditing, law, health care, management analysis,
101	101	73public administration and investigation or criminal justice administration. The military and
102	102	74veteran advocate may, subject to appropriation, appoint such other personnel as the military and
103	103	75veteran advocate deems necessary for the efficient management of the office.
104	104	76 The military and veteran advocate shall serve for a term of 5 years. In the case of a
105	105	77vacancy in the position of the military and veteran advocate, a successor shall be appointed in the 5 of 5
106	106	78same manner for the remainder of the unexpired term. No person shall be appointed as military
107	107	79and veteran advocate for more than 2 full terms.
108	108	80 The military and veteran advocate may be removed from office for cause by a majority
109	109	81vote of the attorney general, the state auditor and the governor. Such cause may include
110	110	82substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of
111	111	83the military and veteran advocate shall be stated in writing and shall be sent to the clerks of the
112	112	84senate and house of representatives and to the governor at the time of removal and shall be a
113	113	85public document.
114	114	86 Section 4: Annual report
115	115	87 Section 4. The military and veteran advocate shall report annually to the governor, the
116	116	88senate president, the speaker of the house of representatives, the senate and the house committees
117	117	89on ways and means, and the joint committee on veterans and federal affairs on the activities of
118	118	90the office, including, but not limited to, an analysis of the delivery of services to veterans,
119	119	91servicemember and their families and recommendations for changes in agency procedures which
120	120	92would enable the commonwealth to better provide services to and for veterans, servicemembers
121	121	93and their families and priorities for implementation of those changes to services. The report shall
122	122	94be made public on the website of the veteran advocate.