H 5594

HOUSE . . . . . . . . No. 5594
 The Commonwealth of Massachusetts
  ________________________________________
  HOUSE OF REPRESENTATIVES, July 22, 2026.
   The committee on Children, Families and Persons with Disabilities, to
whom was referred the petition (accompanied by bill, Senate, No. 3095) of
Sal N. DiDomenico for legislation to significantly alleviate poverty,
reports recommending that the accompanying bill (House, No. 5594)
ought to pass.
  For the committee,
  JAY D. LIVINGSTONE.
  FILED ON: 7/20/2026
      HOUSE . . . . . . . . . . . . . . . No. 5594
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
     An Act significantly alleviating poverty.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
1SECTION 1. Chapter 23B of the General Laws is hereby amended by adding the
2 following section:-
3Section 31. (a) As used in this section, the following words shall have the following
4 meanings unless the context clearly requires otherwise:
5“Disposable menstrual products”, products used by a menstruating individual including,
6 but not limited to, sanitary napkins, tampons and underwear liners.
7“Menstruating individual”, a person who menstruates.
8(b) Any provider of temporary housing assistance, including, but not limited to, a family
9 shelter, a shelter for adults, a hotel used for emergency shelter, an emergency apartment, a
10 domestic violence shelter, a runaway and homeless youth shelter or a safe house for refugees,
11 shall provide disposable menstrual products at no cost to a menstruating individual. The
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12 disposable menstrual products shall be available in a convenient manner that does not stigmatize
13 the individual seeking such products.
14SECTION 2. Chapter 71 of the General Laws is hereby amended by inserting after
15 section 3 the following section:-
16Section 3A. (a) As used in this section, the following words shall have the following
17 meanings unless the context clearly requires otherwise:-
18“Disposable menstrual products”, products used by a menstruating individual including,
19 but not limited to, sanitary napkins, tampons and underwear liners.
20“Menstruating individual”, a person who menstruates.
21(b) Every primary and secondary school shall provide disposable menstrual products at
22 no cost to students. The disposable menstrual products shall be available in a convenient manner
23 that does not stigmatize the individual seeking such products, including, but not limited to, in
24 restrooms for menstruating individuals.
25SECTION 3. Chapter 127 of the General Laws is hereby amended by adding the
26 following section:-
27Section 170. (a) As used in this section, the following words shall have the following
28 meanings unless the context clearly requires otherwise:
29“Administrator”, the keeper of a lock-up facility under chapter 40, the superintendent of
30 a correctional facility under chapter 125, a sheriff or special sheriff in charge of a jail, house of
31 correction or regional lock-up facility under chapter 126, the colonel of state police and any other
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32 official who oversees a facility used for the detention of persons arrested and held in custody or
33 serving a sentence.
34“Disposable menstrual products”, products used by a menstruating individual including,
35 but not limited to, sanitary napkins, tampons and underwear liners.
36“Menstruating individual”, a person who menstruates.
37(b) The administrator shall provide disposable menstrual products to menstruating
38 individuals held or housed in the facility overseen by the administrator at no cost. The disposable
39 menstrual products shall be available in a convenient manner that does not stigmatize the
40 individual seeking such products.
41SECTION 4. Section 2 of chapter 118 of the General Laws, as appearing in the 2020
42 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place
43 thereof the following paragraph:--
44Notwithstanding any general or special law to the contrary, the payment standards for
45 monthly benefits for the program not including the rental allowance shall be increased effective
46 July first of each year beginning with July 1, 2025 by 20 percent above the payment standard in
47 effect in the previous fiscal year until the payment standard for the household size equals 50
48 percent of the federal poverty level for the household size; provided further, that once the
49 payment standard for the household size equals 50 percent of the federal poverty level for the
50 household size, the payment standard shall be increased effective July first of each year in order
51 that the payment standard shall be no less than 50 percent of the poverty level for the household
52 size as determined by the federal Department of Health and Human Services; provided further,
53 that the need standard and the payment amounts shall be further increased by the amount of a
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54 clothing allowance in the month for which it is paid and by the rental allowance for households
55 incurring a rent or mortgage expense and not residing in public or subsidized housing.
56SECTION 5. Section 1 of chapter 117A of the General Laws is hereby amended by
57 inserting after the first paragraph the following new paragraph:-
58Notwithstanding any general or special law to the contrary, the payment standards for
59 monthly benefits for the program shall be increased effective July first of each year beginning
60 with July 1, 2025 by 20 percent above the payment standard in effect in the previous fiscal year
61 until the payment standard for the household size equals 50 percent of the federal poverty level
62 for the household size; provided further, that once the payment standard for the household size
63 equals 50 percent of the federal poverty level for the household size, the payment standard shall
64 be increased effective July first of each year in order that the payment standard shall be no less
65 than 50 percent of the poverty level for the household size as determined by the federal
66 Department of Health and Human Services.
67SECTION 6. Notwithstanding any general or special law to the contrary, the department
68 of transitional assistance shall provide financial assistance to an otherwise eligible pregnant
69 person with no dependent child beginning when the pregnancy is verified, provided that such
70 assistance shall be the amount for one person under the transitional aid to families with
71 dependent children program.
72SECTION 7. Section 2 of chapter 118 of the General Laws is hereby amended by
73 inserting after the words “estate of the recipient.”, the following new paragraph:-
74The department shall pay a $50-per-month rental allowance to households incurring a
75 rent or mortgage expense and not residing in public or subsidized housing. The department shall
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76 also pay a nonrecurring children’s clothing allowance of $500 to each child eligible under this
77 program on September first of the calendar year.
78SECTION 8: Section 7 of chapter 118A of the General Laws is hereby amended by
79 inserting after section 7, the following new subsection:-
80Section 7(a) The department shall pay a $50-per-month rental allowance to recipients
81 incurring a rent or mortgage expense and not residing in public or subsidized housing.
82SECTION 9. Chapter 18 of the General Laws is hereby amended by striking section 18A
83 and inserting in place thereof the following new section:-
84Section 18A. (a)(1). The department shall impose the sanction required by federal law on
85 any recipient of public assistance funded under Title IV-A of the Social Security Act who,
86 without good cause, does not cooperate with the IV-D agency specified in chapter 119A to
87 establish paternity or to establish, modify, or enforce a child support order on behalf of a child
88 for whom the recipient receives such public assistance.
89(2) The department shall determine that a recipient has good cause for not cooperating
90 with the IV-D agency for purposes of this section if:
91(A) The child was conceived as a result of incest or rape;
92(B) Proceedings for the adoption of the child are pending or under consideration;
93(C) Cooperation risks discouraging the noncustodial parent or other relatives of the child
94 from maintaining a relationship with the child or providing emotional or other support;
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95(D) Cooperation risks physical or emotional harm to or retaliation against the child or the
96 relative with whom the child resides; or
97(E) Cooperation is otherwise not in the child’s best interest.
98SECTION 10. Section 2 of chapter 118 of the General Laws is hereby amended by
99 inserting at the end of the first paragraph the following:-
100Child support collected on behalf of a recipient of benefits under this chapter shall be
101 paid to the family. In determining the family’s countable income, the department shall disregard
102 child support paid to the family that is below the monthly federal poverty level for the family
103 size.
104SECTION 11. Section 2 of chapter 119A of the General Laws is hereby amended by
105 inserting at the end of subsection (b) the following:- Pursuant to Title IV, Part D of the Social
106 Security Act, in the case of former recipients of assistance, the IV-D agency shall pay to the
107 family all support payments collected, including payments on arrears assigned to the state and
108 payments collected through federal tax refund offset.
109SECTION 12. Paragraph (1) of subsection (h) of section 6 of chapter 62 of the General
110 Laws, as amended by section 11 of chapter 50 of the acts of 2023, is hereby further amended by
111 striking out the figure “40” each time it appears, and inserting in place thereof, in each instance,
112 the following figure: -50.
113SECTION 13. Said paragraph (1) of said subsection (h) of said section 6 of said chapter
114 62, as so amended, is hereby further amended by inserting at the end of said paragraph the
115 following sentence: -A taxpayer may claim a credit under this section using either a Social
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116 Security Number or an Individual Taxpayer Identification Number, if but for section 32(m) of
117 the Code, the taxpayer would be eligible to claim the credit. In the case of a taxpayer with a
118 qualifying child for the Earned Income Tax Credit but who is ineligible for a Social Security
119 Number or Individual Taxpayer Identification Number, the DOR shall issue said child a tax
120 identification number.
121SECTION 14. Said paragraph (1) of said subsection (h) of said section 6 of said chapter
122 62, as so amended, is hereby further amended by inserting, in line 252 after the word “year” the
123 following words: -provided however that for each additional qualifying child, as defined in
124 section 32(b) of the Code, above three children, the percent of the federal credit shall increase by
125 5 percentage points per qualifying child.
126SECTION 15: Said subsection (h) of said section 6 of said chapter 62, as so amended, is
127 hereby further amended by inserting the following paragraph (3): For the purposes of this
128 subsection, an individual who has attained 18 or, if the individual is married, either spouse has
129 attained 18 before the close of the taxable year, shall be deemed to have satisfied all eligibility
130 requirements under subsection (c)(1)(A)(ii)(II) of section 32 of the Code.
131SECTION 16. Section 6 of said chapter 62, as most recently amended by section 49 of
132 chapter 50 of the acts of 2023, is hereby further amended by striking out subsection (x) and
133 inserting in place thereof the following subsection:-
134(x) (1) For the purposes of this subsection, "maintains a household'' shall have the same
135 meaning as in section 21 of the Code. With respect to a taxpayer who is a non-resident for part of
136 the taxable year, the credit shall be further limited to the amount of allowable credit multiplied
137 by a fraction, the numerator of which shall be the number of days in the taxable year the person
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138 resided in the commonwealth and the denominator of which shall be the number of days in the
139 taxable year. A taxpayer who maintains a household that includes as a member at least 1
140 individual: (i) who qualifies for exemption as a dependent under section 151 of the Code; or (ii)
141 who is a qualifying individual as defined in said section 21 of the Code; or (iii) who (A) is not
142 less than 65 years of age or is disabled and (B) qualifies as a dependent under section 152 of the
143 Code, shall be allowed a credit in an amount equal to $600 for each such dependent or qualifying
144 individual with respect to the taxpayer; provided, however, that if the taxpayer is married at the
145 close of the taxable year, the credit provided in this subsection shall be allowed if: (a) the
146 taxpayer and the taxpayer's spouse file a joint return for the taxable year; or (b) the taxpayer
147 qualifies as a head of household under section 2(b) of the Code. For each taxable year, the
148 commissioner shall increase the amount of the credit for each eligible dependent or qualifying
149 individual as provided by this subsection by an amount equal to such credit multiplied by the
150 cost-of-living adjustment for the calendar year in which such taxable year begins. A person who
151 is a non-resident for the entire taxable year shall not qualify for the credit. If the amount of the
152 credit allowed under this subsection exceeds the taxpayer's tax liability, the commissioner shall
153 treat the excess as an overpayment and shall pay the taxpayer the entire amount of the excess
154 without interest.
155(2) Upon request by a taxpayer eligible for the Child and Family Tax Credit but
156 ineligible for a Social Security Number or Individual Taxpayer Identification Number, the DOR
157 shall issue said taxpayer a tax identification number to enable the taxpayer to claim the credit.
158(3) The commissioner may establish a process to allow taxpayers to elect to receive one
159 or more advance payments of the credit under this subsection. The amount of advance payments
160 must be based on the taxpayer and commissioner’s estimate of the amount of credit for which the
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161 taxpayer would be eligible in the taxable year beginning in the calendar year in which the
162 payments were made. The commissioner shall not distribute advance payments to a taxpayer
163 who does not elect to receive advance payments. The amount of a taxpayer’s credit under this
164 subsection for the taxable year is reduced by the amount of advance payments received by the
165 taxpayer in the calendar year during which the taxable year began.
166SECTION 17. In order to ensure the widest possible dissemination of state and federal
167 tax credits that are aimed to reduce poverty, the department shall: (i) include multilingual
168 information by video and text in its website about state and federal tax credits, free tax
169 preparation services, and low-income taxpayer clinics; (ii) provide all employers with a
170 multilingual poster and a notice that sets forth the rights under this chapter; (iii) require that all
171 employers doing business in the commonwealth post information about tax credits in a
172 conspicuous location at the place of employment; (iv) coordinate a notification system by the
173 commonwealth about tax credit to applicants for and recipients of unemployment insurance
174 under chapter 151A, applicants for and recipients of transitional assistance benefits, including
175 food stamps, under chapter 18, and to recipients of subsidized health insurance under chapter
176 118E; and (v) collaborate with labor organizations, chambers of commerce, municipalities,
177 community-based organizations, and taxpayer advocates to disseminate information about tax
178 credits. The multilingual poster and notice requirement in clause (i) shall comply with the
179 requirements for employer’s unemployment notices under clauses (i) and (iii) of subsection (d)
180 of section 62A of chapter 151A.
181SECTION 18. Chapter 119 of the General Laws, as appearing in the 2022 Official
182 Edition, is hereby amended by inserting after section 23C the following section:-
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183Section 23D. (a) The department shall, subject to appropriation, provide a cash stipend
184 of $1,000 per month for 5 years to any individual who was formerly under the custody, care or
185 responsibility of the department but has transitioned from the custody, care or responsibility of
186 the department any time between the ages of 18 and 23. Should such an individual at any time
187 return to the custody, care, or responsibility of the department, that individual’s monthly stipend
188 will be put on hold until such time as the individual again transitions from the custody, care or
189 responsibility of the department; provided, however, that no individual is eligible for more than
190 60 total monthly payments of this stipend during the individual’s lifetime.
191(b) Notwithstanding any general or special law to the contrary, this stipend shall not be
192 considered income for purposes of determining eligibility for any other benefit provided by the
193 Commonwealth.
194(c) The department shall inform all eligible foster care youth, in person and by writing,
195 and their counsel as appointed under section 29 of chapter 119, of the availability of this cash
196 stipend within 30 days of the youth attaining the age of 17 years and 6 months. The department
197 shall provide appropriate case management to support eligible youth within the department’s
198 custody, care, or responsibility in applying for this cash stipend and other support needed to
199 assist the youth in making the transition from foster care to a successful adulthood, including
200 setting up a personal bank account where this cash stipend may be deposited, making the youth
201 aware of other state benefits for which the youth may be eligible, and connecting youth to
202 financial literacy education or training.
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203(d) The department shall not terminate or suspend the payment of this cash stipend for
204 any reason other than the return of the individual to the custody, care, or responsibility of the
205 department.
206(e) The department shall take steps to notify eligible former foster care youth of the
207 existence and availability of this cash stipend and shall publish data as to the number of eligible
208 young adults receiving this cash stipend.
209SECTION 19. Section 27C of chapter 149 of the General Laws, as appearing in the 2022
210 Official Edition, is hereby amended by inserting after the words “subsection (a)”, in line 58, the
211 following words:- , or section 100, 148E or 150C.
212SECTION 20. Said section 27C of said chapter 149, as so appearing, is hereby further
213 amended by striking out, in line 159, the words “Civil and criminal” and inserting in place
214 thereof the following word:- Criminal.
215SECTION 21. Said section 27C of said chapter 149, as so appearing, is hereby further
216 amended by adding the following subsection:-
217(d) As a further alternative to initiating criminal proceedings pursuant to subsection (a)
218 or civil proceedings pursuant to subsection (b), the attorney general may file a civil action for
219 injunctive relief, for any damages incurred, and for any lost wages and other benefits on behalf
220 of an employee or multiple, similarly situated employees. If the attorney general prevails in such
221 an action, the employee or employees on whose behalf the attorney general brought the civil
222 action shall be awarded treble damages, for any lost wages and other benefits, and the attorney
223 general shall also be awarded the costs of the litigation and reasonable attorneys’ fees.
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224SECTION 22. Chapter 149 of the General Laws is hereby amended by inserting after
225 section 148D the following 3 sections:-
226Section 148E. (a) As used in this section and sections 148F to 148H, inclusive, the
227 following words shall have the following meanings unless the context clearly indicates
228 otherwise:-
229“Labor contractor:, (1) an individual who is not an employee of a lead contractor, as
230 defined by section 148B of chapter 149, or a corporation, partnership, firm or other business
231 entity, (2) who obtains, engage or provides 1 or more individuals to perform labor services, with
232 or without a written contract, directly or indirectly, to a lead contractor or from a labor
233 subcontractor for the benefit of the lead contractor’s business activities, operations, or purposes.
234“Labor subcontractor”, (1) an individual who is not an employee of a labor contractor or
235 lead contractor, as defined by section 148B of chapter 149, or a corporation, partnership, firm or
236 other business entity, (2) who engages or provides 1 or more individuals to perform labor or
237 services, with or without a written contract, directly or indirectly, to a labor contractor for the
238 benefit of the lead contractor’s business activities, operations, or purposes.
239“Lead contractor”, a person, regardless of form, that obtains, engages or is provided with
240 1 or more individuals, directly from a labor contractor or indirectly from a labor subcontractor, to
241 perform labor or services that have a significant nexus with the lead contractor’s business
242 activities, operations, or purposes.
243“Wage theft”, a violation of sections 27, 27F, 27G or 27H, the first and third sentences
244 and the fourth paragraph of section 148, sections 148B or 148C, the fourth sentence of section
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245 150, section 152A, subsections (c) or (d) of section 159C, sections 1, 1A, 1B, 2A or 7 of chapter
246 151, clauses (4) or (5) of section 19 of chapter 151 or section 20 of chapter 151.
247(b) An employer, except a staffing agency as defined by section 159C that is licensed or
248 registered pursuant to sections 46A to 46R, inclusive, of chapter 140, shall provide each
249 employee, not later than 10 days after the commencement of employment, with written notice in
250 the language the employer normally uses to communicate employment-related information to the
251 employee, of the following information: (i) the rate or rates of pay and the basis for those rates,
252 whether paid by the hour, shift, day, week, salary, piece, commission or otherwise, including
253 methods of calculation for overtime, if applicable; (ii) allowances, if any, claimed as part of the
254 minimum wage, including meal, tip or lodging allowances; (iii) the regular pay day designated
255 by the employer; (iv) the name of the employer, including any “doing business as” names used
256 by the employer; (v) the physical address of the employer’s main office or principal place of
257 business and mailing address, if different; (vi) the telephone number of the employer; and (vii)
258 the name, address, and telephone number of the employer’s workers’ compensation insurance
259 carrier.
260(c) A lead contractor shall be subject to joint and several liability with a labor contractor
261 and a labor subcontractor. For purposes of this section, the president and treasurer of a
262 corporation and any officers or agents having the management of such corporation shall also be
263 deemed civilly liable for a wage theft violation hereunder.
264(d) Nothing in this section shall limit the availability of other civil claims and remedies
265 at law or in equity whether provided under the general laws or common law.
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266(e) A successor entity to any lead contractor, labor contractor or labor subcontractor
267 subject to liability under this section shall also be liable under this section if that entity: (i) has 1
268 or more of the same principals or officers as the person or entity subject to liability; and (ii) is
269 engaged in the same or equivalent trade or activity as the person or entity subject to liability.
270(f) A person or entity that has been found to have committed wage theft in the previous 3
271 years shall notify a lead contractor or labor contractor prior to entering into an agreement to
272 engage or provide 1 or more individuals, directly or indirectly, to a lead contractor or labor
273 contractor. A lead contractor or labor contractor that was jointly and severally liable under
274 subsection (c) but was not the entity that committed the wage theft shall not be required to
275 provide notice under this subsection.
276(g) When an individual applies for unemployment benefits pursuant to chapter 151A,
277 and wage theft occurred during the base period as determined based on credible evidence, the
278 individual’s unemployment benefits shall be calculated as if wages had been timely and lawfully
279 paid.
280(h) The attorney general shall enforce this section, and may obtain injunctive or
281 declaratory relief. Violation of this section shall be subject to paragraphs (1), (2), (4) and (7) of
282 subsection (b) of section 27C, and subsection (d) of section 27C, except in cases where the lead
283 contractor, labor contractor or labor subcontractor provides payment in full during the 15-day
284 notice period for any wages allegedly owed, as described in subsection (c).
285(i) No person or entity shall by contract or any other means be exempted from
286 subsections (a), (b), (c), (e), (f), (g), (h), or (i) or from sections 148F or 148G. Nothing in this
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287 chapter shall limit the availability of other civil claims remedies at law or equity whether
288 provided under the General Laws or by common law.
289(j) The attorney general may promulgate regulations to implement this section.
290Section 148F. (a) The attorney general may investigate an employer’s failure to obtain
291 unemployment insurance as required under chapter 151A. Upon finding a violation of section 15
292 or section 47 of chapter 151A, the attorney general may issue a stop work order to an employing
293 unit and the officer or agent of the employing unit, requiring the cessation of all business
294 operations of the violating person or entity as to the specific place of business and employment
295 for which the violation exists.
296Not less than 5 days before the commencement of a stop work order under this section,
297 the attorney general shall notify the violating person or entity of the intended action and give the
298 person or entity an opportunity to confer with the attorney general in person or through counsel
299 or other representative as to the proposed action. Notice shall be given to the person or entity by
300 mail, postage prepaid, to the usual place of business or, if there is no usual place of business, to
301 the last known address.
302The stop work order may be issues only against the person or entity found to be in
303 violation of section 15 or section 47 of chapter 151A and only as to the specific place of business
304 or employment for which the violation exists. The stop work order shall be effective 24 hours
305 after it is served upon the violator or the place of business or employment. A stop work order
306 may be served in hand or at a place of business, employment or job site by posting a copy of the
307 stop work order in a conspicuous location. The stop work order shall be in effect, subject to an
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308 appeal under subsection (b), until the attorney general issues an order to release the stop work
309 order upon a finding that the violation has been corrected.
310(b) A person or entity aggrieved by the imposition of a stop work order shall have 10
311 days from the date of its service to make a request for a hearing to be held in a manner
312 determined by the attorney general. A person or entity that timely files such an appeal shall be
313 granted a hearing in accordance with chapter 30A not later than 21 days after receipt of the
314 appeal. The stop work order shall not be in effect during the pendency of a timely filed appeal.
315(c) A stop work order imposed against a person or entity shall be effective against any
316 successor person or entity that: (i) has at least 1 of the same principals or officers as the person or
317 entity against whom the stop work order was issued; and (ii) is engaged in the same or equivalent
318 trade or activity as the person or entity for which the stop work order was imposed.
319(d) An employee affected by a stop work order pursuant to this section shall be paid for
320 the period the stop work order is in place or the first 10 days the employee would have been
321 scheduled to work if the stop work order had not been issued, whichever is less, by the person or
322 entity that was served the stop work order. Time lost by an employee affected by a stop work
323 order pursuant to this section, not exceeding 10 days, shall be considered time worked under
324 chapters 149 and 151. Subsection (c) of section 148E shall not apply to wages due and payable
325 under this subsection.
326(e) The attorney general may promulgate regulations to implement this section.
327Section 148G. (a) Upon finding that any person or entity has engaged in a wage theft
328 violation, the attorney general may issue a stop work order to an employing unit and the officer
329 or agent of the employing unit, requiring the cessation of all business operations of the violating
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330 person or entity as to the specific place of business and employment for which the violation
331 exists.
332Not less than 5 days before the commencement of a stop work order under this section,
333 the attorney general shall notify the violating person or entity of the intended action and give the
334 person or entity an opportunity to confer with the attorney general in person or through counsel
335 or other representative as to the proposed action. Notice shall be given to the person or entity by
336 mail, postage prepaid, to the usual place of business, or if there is no usual place of business, to
337 the last known address.
338The stop work order may be issued only against the person or entity found to be in
339 violation, and only as to the specific place of business and employment for which the violation
340 exists. The stop work order shall be effective 24 hours after it has been served upon the violator
341 or the place of business and employment. A stop work order may be served in hand or at a place
342 of business, employment or job site by posting a copy of the stop work order in a conspicuous
343 location. The stop work order shall be in effect, subject to an appeal under subsection (b), until
344 the attorney general issues an order to release the stop work order upon a finding that the
345 violation has been corrected.
346(b) A person or entity aggrieved by the imposition of a stop work order shall have 10
347 days from the date of its service to make a request for a hearing to be held in a manner
348 determined by the attorney general. A person or entity that timely files such an appeal shall be
349 granted a hearing in accordance with chapter 30A not later than 21 days after receipt of the
350 appeal. The stop work order shall not be in effect during the pendency of a timely field appeal.
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351(c) A stop work order imposed under this section against a person or entity shall be
352 effective against any successor person or entity that: (i) has at least 1 of the same principals or
353 officers as the person or entity against whom the stop work order was issued; and (ii) is engaged
354 in the same or equivalent trade or activity as the person or entity for which the stop work order
355 was imposed.
356(d) An employee affected by a stop work order pursuant to this section shall be paid for
357 the period the stop work order is in place or the first 10 days the employee would have been
358 scheduled to work if the stop work order had not been issued, whichever is less, by the person or
359 entity that was served the stop work order. Time lost by an employee affected by a stop work
360 order issued pursuant to this section, not exceeding 10 days, shall be considered time worked
361 under chapters 149 and 151. Subsection (c) of section 148E shall not apply to wages due and
362 payable under this subsection.
363(e) The attorney general may promulgate regulations to implement this section.
364SECTION 23. Section 150 of said chapter 149, as appearing in the 2022 Official Edition,
365 is hereby amended by inserting, in line 22, after the word “148C” the following word:- , 148E.
366SECTION 24. Section 150C of said chapter 149, as appearing in the 2022 Official
367 Edition, is hereby amended by striking out, in line 9, the workers “one thousand dollars,” and
368 inserting in place thereof the following words:- $1,000 or shall be subject to a civil citation or
369 order as provided in subsection (b) of section 27C.
370SECTION 25. Said section of 150C of said chapter 149, as so appearing, is hereby
371 further amended by adding the following sentence:- The president and treasurer of a corporation
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372 and any officers or agents having the management of such corporation shall be considered the
373 employers of the employees of the corporation for the purposes of this section.
374Nothing in this section shall limit parties aggrieved by an employer’s failure to make
375 insurance benefit contributions utilizing other remedies at law or equity afforded by other
376 chapters of the general laws, the common law, or federal law.
377SECTION 26. Said chapter 149 of the General Laws is hereby amended by striking out
378 section 148A and inserting in place thereof the following section:-
379Section 148A. (a) Any person or entity, including an employer or its agent, who in any
380 manner discriminates or takes adverse action, or threatens to discriminate or take adverse action,
381 against any person because that person has opposed a violation of this chapter, complained to the
382 attorney general or to any other person of a violation of this chapter, assisted any other person in
383 exercising rights under this chapter, informed any other person of rights under this chapter, or
384 instituted, assisted in, or testified in any investigation or proceedings under or related to this
385 chapter, or because of a belief that the person may in the future engage in any such actions, shall
386 have violated this section and shall be punished or subject to civil proceedings as provided in
387 subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages,
388 compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
389(b) There shall be a rebuttable presumption of a violation of this section is a person or
390 entity discriminates or takes adverse action, or threatens to discriminate or take adverse action,
391 against any person within 90 days of that person’s exercise of rights under this chapter, including
392 activity protected by this section. This presumption may be rebutted by clear and convincing
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393 evidence that the action was taken for a permissible purpose and that it would have been taken in
394 the absence of the protected activity.
395SECTION 27. Section 19 of chapter 151 of the General Laws, as appearing in the 2022
396 Official Edition, is hereby amended by striking out subsection (1) and inserting in place thereof
397 the following subsection:-
398(1)(a) Any person or entity, including an employer or its agent, who in any manner
399 discriminates or takes adverse action, or threatens to discriminate or take adverse action, against
400 any person because that person has opposed a violation of this chapter, complained to the
401 attorney general or any other person of a violation of this chapter, assisted any other person in
402 exercising rights under this chapter, informed any other person of rights under this chapter, or
403 instituted, assisted in, or testified in any investigation or proceedings under or related to this
404 chapter, or because of a belief that the person may in the future engage in any such actions, shall
405 have violated this section and shall be punished or subject to civil proceedings as provided in
406 subsection (b) or subsection (d) of section 27C, or section 150, and shall recover actual damages,
407 compensatory damages, punitive damages, injunctive relief or any other appropriate relief.
408(b) There shall be a rebuttable presumption of a violation of this subsection if a person or
409 entity discriminates or takes adverse action, or threatens to discriminate or take adverse action,
410 against any person within 90 days of that person’s exercise of rights under this chapter, including
411 activity protected by this subsection. This presumption may be rebutted by clear and convincing
412 evidence that the action was taken for a permissible purpose and that it would have been taken in
413 the absence of the protected activity.
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414SECTION 28. Chapter 149 of the General Laws, as so appearing, is hereby amended by
415 inserting after section 148G the following section 148H:-
416(a) For purposes of this section, the following terms shall have the following meanings:
417(1) “Aggrieved person”, any employee, prospective or former employee, or person
418 providing services for remuneration to another against whom one or more of the alleged
419 violations was committed by the alleged violator, whether or not employed by the violator at the
420 time an action is filed, including any person who is not classified by an employer as an employee
421 but who claims to be an employee and whose claims against the purported employer related to
422 such alleged misclassification.
423(2) “Public enforcement action”, a civil action brought by a relator under this section to
424 enforce protections enforceable by the attorney general.
425(3) “Relator”, a whistleblower or representative organization that acts as a plaintiff in a
426 public enforcement action under this section.
427(4) “Representative organization”, an organization that is tax-exempt under subsection
428 (c)(3), (c)(4) or (c)(5) of the federal Internal Revenue Code, 26 U.S.C. section 501, and that
429 regularly advocates on behalf of employees or that regularly assists in enforcement of this
430 chapter or chapter 151 and that has been selected by an aggrieved individual to initiate a public
431 enforcement action on the aggrieved person’s behalf, in writing in a form prescribed by the
432 attorney general. In such cases, the aggrieved party’s name and personal identifying information
433 shall be kept confidential if the aggrieved party so chooses.
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434(5) “Whistleblower”, an aggrieved individual or any current or former employee,
435 contractor, subcontractor, employee of a contractor or subcontractor of the defendant, vendor, or
436 client with knowledge of the alleged violations that is independent of and materially adds to any
437 publicly disclosed information about the alleged violations.
438(b)(1) A relator, on behalf of the attorney general, may initiate a public enforcement
439 action pursuant to the procedures and subject to the limitations specified in subsection (e) of this
440 section. Such action may be brought in any court of competent jurisdiction. Such an action may
441 allege multiple violations that have affected different parties aggrieved by the same defendant.
442(2) For purposes of public enforcement actions brought pursuant to this section,
443 whenever the attorney general is authorized to assess or seek civil remedies, including penalties,
444 equitable and declaratory relief, and other civil relief, for a violation of section 21, 26-27H, 52D,
445 100, 148, 148A, 148B, 148C, 148E, 150A, 150C, 152, 152A, 159C, or 190 of this chapter, or of
446 chapter 151, a court is hereby authorized to assess the same civil remedies. Where the section of
447 chapter 149 or chapter 151 establishes an employer’s obligation to maintain certain working
448 conditions, but no civil penalty is specifically provided for a breach of that obligation, there is
449 hereby established a civil penalty of $500 for each aggrieved person per two-week period in
450 which the breach occurred. All civil penalties shall be awarded for each person aggrieved by the
451 violation during each two-week period in which the violation occurred.
452(3) When a civil remedy is recovered pursuant to decision or settlement in any public
453 enforcement action, the relator shall be awarded reasonable attorneys’ fees and costs.
454(4) Nothing in this section shall operate to limit an aggrieved party’s right to pursue a
455 private action based on the same violation or injury.
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456(5) Nothing in this section shall operate to limit the attorney general’s right to seek
457 restitution and damages, where available, for aggrieved parties as part of a public enforcement
458 action in which it has intervened.
459(6) Civil remedies recovered in a public enforcement action or settlement of a proposed
460 action shall be distributed as follows:
461(i) Where the attorney general has not intervened, 30 percent to the relator and 70
462 percent to the attorney general for enforcement of and education about the rights and obligations
463 enforceable under this chapter and chapter 151. Twenty-five percent of the attorney general’s
464 share shall be reserved for providing funding to community-based outreach and enforcement
465 activities under subsection (f) of this section. The attorney general shall promulgate regulations
466 relative to further distribution and disbursal of recoveries. Any funding received by the attorney
467 general under this section shall be continuously appropriated to supplement, and not supplant,
468 other funding for those purposes;
469(ii) Where the attorney general has intervened, 20 percent to the relator and 80 percent to
470 the attorney general for enforcement of and education about the rights and obligations
471 enforceable under this chapter and chapter 151. Twenty-five percent of the attorney general’s
472 share shall be reserved for providing funding to community-based outreach and enforcement
473 activities under subsection (f) of this section. The attorney general shall promulgate regulations
474 relative to further distribution and disbursal of recoveries. Any funding received by the attorney
475 general under this section shall be continuously appropriated to supplement, and not supplant,
476 other funding for those purposes;
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477(7) The right to bring a public enforcement action under this section shall not be
478 impaired by any special contract.
479(8) Notwithstanding any other provision of law, a public enforcement action authorized
480 by this section shall be commenced within the same period of time that the attorney general has
481 to take enforcement action under this chapter or chapter 151. The statute of limitations for
482 bringing a public enforcement action under this section shall be tolled from the date that a relator
483 files a notice pursuant to subsection (e) of this section with the attorney general, or the date that
484 the attorney general commences an investigation, whichever is earlier.
485(c)(1) Notwithstanding the provisions of subsection (b) of this section, no public
486 enforcement action may be brought by a relator:
487
488(i) If the attorney general, on the same facts and theories, cites a person or entity within
489 the time periods set forth in subsection (e) of this section for a violation of the same section or
490 sections of the General Laws under which such relator is attempting to recover a civil penalty or
491 other remedy on behalf of aggrieved employees or others, or files a proceeding to assess
492 penalties or to enforce other remedies available to the attorney general, provided that the attorney
493 general serves notice to the relator pursuant to subsection (e) of this section. Public enforcement
494 actions belong to the attorney general and preclude subsequent attorney general enforcement
495 efforts based on the same facts and law, whether brought by the attorney general or a relator
496 under this section. However, nothing in this section shall operate to limit the attorney general’s
497 right to seek additional civil remedies for aggrieved parties as part of a public enforcement action
498 in which it has intervened.
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499(ii) For any violation of a posting, notice, agency reporting, or filing requirement, except
500 where the filing or reporting requirement involves mandatory payroll reporting.
501(2) The attorney general shall establish a publicly available online database of public
502 enforcement actions brough pursuant to this section, which shall include the names of the parties,
503 the date filed, the disposition, and any other information that the attorney general shall by
504 regulation prescribe.
505(d) (1) No one shall retaliate or take adverse action in any manner against an aggrieved
506 person or whistleblower, or threaten to retaliate or take adverse action, because:
507(i) the aggrieved person or whistleblower has brought a public enforcement action;
508(ii) the aggrieved person or whistleblower has cooperated with a relator in a public
509 enforcement action or the attorney general in investigating, prosecuting, or intervening in a
510 public enforcement action; or
511(iii) it is believed that the aggrieved person or whistleblower may bring a public
512 enforcement action or cooperate with one.
513(2) Any person aggrieved by a violation of this subsection may enforce it as provided by
514 section 27C or section 150 of this chapter, or as provided by section 19 of chapter 151.
515(e) (1) No public enforcement action pursuant to this section may be commenced prior to
516 60 days after written notice of the claim has been filed by the relator with the attorney general.
517(2) The relator shall submit a filing fee of 75 dollars with each filing of notice subject to
518 waiver in accordance with regulations promulgated by the attorney general. Notice and
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519 submission of the filing fee shall toll the statute of limitations on the enforcement action for
520 which notice has been provided.
521(3) The attorney general shall establish an online portal to provide for efficient electronic
522 filing of the notice.
523(4) The notice shall be construed in the light most favorable to the relator, and shall
524 include:
525(i) The name, address and contact information of the alleged violator.
526(ii) The name and contact information of the relator.
527(iii) The name, address, and contact information of the relator’s legal counsel, should
528 one exist.
529(iv) A concise statement of the underlying claim reasonably calculated to apprise the
530 attorney general of the substance and nature of the claim.
531(5) The attorney general shall, by regulation, provide for the right of a relator to furnish
532 an amended notice, if the attorney general determines that the relator’s original notice pursuant
533 to paragraph (1) of this subsection was not in compliance with this section or the regulations
534 issued thereunder. Such determination by the attorney general shall identify with particularity the
535 deficiencies in the original notice. If such determination and the opportunity to amend are not
536 provided by the attorney general within thirty days of the original notice, the original notice shall
537 be deemed to comply with this section. The relator shall have thirty days from receiving the
538 determination of the attorney general of noncompliance with this section to amend the notice.
539 The amended notice with relate back to the original notice.
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540(6) If the attorney general intends to investigate the alleged violation, it shall notify the
541 relator of its decision within 30 calendar days of the date of the notice received pursuant to
542 paragraph (1) of this subsection. Within 120 calendar days of that decision, the attorney general
543 may investigate the alleged violation and issue any appropriate citation. If the attorney general,
544 during the course of its investigation, determines that additional time is necessary to complete
545 the investigation, it may extend the time by not more than 30 additional calendar days and shall
546 issue a notice of the extension. If the attorney general determines that a citation shall not be
547 issues, it shall notify the relator of that decision within five business days thereof by certified
548 mail.
549(7) Upon receipt of notice that no citation will be issues, or if no citation is issued by the
550 attorney general within the time limits prescribed herein, or if the attorney general fails to
551 provide timely or any notification, the relator may commence a public enforcement action.
552(8) If the attorney general does not object to the filing of a public enforcement action
553 pursuant to this section, but objects to the attorney general represented by a particular attorney
554 proposed by the relator, the attorney general may, within the time limits set forth in paragraph (6)
555 of this subsection, may put the relator on notice of the attorney general’s objection. The attorney
556 general will establish regulations for notice and a hearing, for purposes of reviewing the attorney
557 general’s objection to counsel. Upon finding, after notice and hearing, that, based on the
558 attorney’s past conduct while representing a client or clients, the attorney does not meet the
559 required professional standards of representatives, or, alternatively, if the attorney fails to
560 zealously pursue the remedies available under this section, the attorney general may order that
561 the public enforcement shall not be filed by the particular attorney on behalf of the relator.
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562(9) The attorney general may intervene in a public enforcement action and proceed with
563 any and all claims in the action:
564(i) As of right within 30 days after the filing of the action;
565(ii) For good cause shown, as determined by the court, after the expiration of the 30-day
566 period after the filing of the action.
567(10) If the attorney general intervenes in an action it shall have primary responsibility for
568 prosecuting the action and shall not be bound by an act of the relator bringing the action. In such
569 cases, the relator shall remain a party to the action. The attorney general may move to dismiss or
570 settle the action after the relator has been notified of the filing of the motion and has been
571 provided with an opportunity to be heard, and the court determines that such dismissal or
572 settlement is fair, adequate, reasonable, and in the public interest. Any disposition by the attorney
573 general shall provide compensation for reasonable attorneys’ fees and costs expended on behalf
574 of the relator in instituting the action.
575(11) If the attorney general does not intervene in the action, the relator shall have the
576 right to conduct such an action subject to the following limitations:
577(i) The court shall review and approve any settlement of any action filed pursuant to this
578 section. The proposed settlement shall be submitted to the attorney general concurrent with
579 submission to the court. The court shall approve a settlement of the action only upon a
580 determination that such settlement or voluntary dismissal is fair, adequate, reasonable, and in the
581 public interest.
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582(ii) If the attorney general so requests, it shall be served with copies of all pleadings filed
583 in the action and shall be supplied with copies of all deposition transcripts. The attorney general
584 shall bear any costs associated with service of such pleadings and depositions.
585(12) No public enforcement action brought pursuant to this section shall be subject to the
586 requirements of rule 23 of the Massachusetts rules of civil procedure.
587(f) (1) The Community Outreach and Labor Education Fund is established as a special
588 fund, separate and distinct from the general fund. Interest earned by the Community Outreach
589 and Labor Education Fund shall be credited to the same fund. All moneys in the Community
590 Outreach and Labor Education Fund shall be continuously appropriated for the purpose of
591 awarding grants as provided in paragraph (3) of this subsection.
592(2) The 25 percent of the attorney general’s share of recoveries reserved for providing
593 funding to community-based outreach and enforcement activities pursuant to paragraph (6) of
594 subsection (b) of this section shall be reported to the treasurer of the commonwealth, who shall
595 credit such amount to the Community Outreach and Labor Education Fund.
596(3) Money in the Community Outreach and Labor Fund shall be granted from time to
597 time by the attorney general to organizations that are tax-exempt under subsection (c)(3), (c)(4)
598 or (c)(5) of the federal Internal Revenue Code, 26 U.S.C. section 50, for purposes of funding
599 outreach, education, and technical assistance to Massachusetts workers pertaining to workplace
600 rights.
601(4) Grants provided from the Community Outreach and Labor Education fund shall be
602 used for activities to assist workers in enforcing employment rights, including outreach,
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603 community-based education events, training materials, technical assistance, counseling, research
604 and referral services.
605(5) When considering applications for grants, the attorney general shall give priority to
606 projects that provide services to especially vulnerable workers.
607(g) (1) If any word, phrase, clause, sentence, paragraph, section or part of this section or
608 the application thereof to any person or circumstances shall be adjudged invalid by a court of
609 competent jurisdiction, such order or judgment shall be confined in its operation to the
610 controversy in which it was rendered, and shall not affect or invalidate the remainder of this
611 section, but shall be confined in its operation to the word, phrase, clause, sentence, paragraph,
612 section or part thereof directly involved in the controversy in which such judgment shall have
613 been rendered.
614(2) This section shall be liberally construed in light of its remedial purposes to expand
615 the enforcement of statutes protecting workers in the commonwealth.
616SECTION 29. Section 2A of Chapter 151 of the General Laws, as appearing in the 2022
617 Official Edition is hereby amended by striking out, in the second sentence, the word “$8.00” and
618 replacing it with the following words:-
619“the minimum wage set forth in section 1 of this chapter”.
620SECTION 30. Chapter 151 of the General Laws, as appearing in the 2022 Official
621 Edition, is hereby amended by striking out the following words:-
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622“, or of an employee whose earning capacity is impaired by age or physical or mental
623 deficiency or injury, or of an employee who is certified by the secretary of health and human
624 services or his designee as a handicapped person,”
625SECTION 31. Chapter 10 of the General Laws is hereby amended by adding after
626 section 78 the following section:-
627Section 79. (a) As used in this section the followings words and terms shall have the
628 following meanings:
629“Accounting”, a designated beneficiary’s pro rata share of the fund, as determined by the
630 state treasurer.
631“Board”, means the Massachusetts Baby Bonds Trust Fund Advisory Board.
632“Committee”, means the Massachusetts Baby Bonds Community Advisory Committee.
633“Designated beneficiary”, means any individual who: (i) is born on or after July 1, 2024;
634 and (ii) receives cash assistance under transitional aid to families with dependent children or is a
635 child under the care or custody of the Massachusetts department of children and families within
636 the first twelve months of their life.
637“Eligible expenditure”, means an expenditure associated with any of the following: (i)
638 post-secondary education of a designated beneficiary at a vocational or apprentice program,
639 community college, or university that is located in and licensed, approved, or accredited by the
640 commonwealth; (ii) investment in an entity doing business in the commonwealth by a designated
641 beneficiary; (iii) purchase of a home in the commonwealth by a designated beneficiary; or (iv)
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642 any investment in financial assets or personal capital that provides long-term gains to wages or
643 wealth, as defined by regulation promulgated by the state treasurer.
644“Fund”, means the Massachusetts Baby Bonds Trust Fund.
645(b)(1) There shall be a Massachusetts Baby Bonds Trust Fund for the exclusive purpose
646 of assisting designated beneficiaries in pursuing opportunities for education, housing, and
647 entrepreneurship, in order to create opportunities for financial independence.
648(2) The state treasurer shall administer the fund. The state treasurer may contract with
649 practitioners, administrators, investment managers and other entities in order to design,
650 administer and provide investment options for the fund. The provisions of section 38 of chapter
651 29 of the general laws shall not apply to the investment of the fund.
652(3) The state treasurer may accept moneys from public and private sources, including,
653 but not limited to gifts, grants and donations, but not in lieu of contribution by the General Court.
654 The state treasurer may expend moneys from the fund for all reasonable and necessary direct
655 costs and expenses incurred with the management and investment of the fund.
656(4) Moneys deposited in the fund shall not be subject to further appropriation and any
657 moneys that are unexpended at the end of a fiscal year shall not revert to the General Fund and
658 shall be available for expenditure in the following fiscal year. No expenditure made from the
659 fund shall cause the fund to become deficient at any point.
660(5) The state treasurer shall report annually on or before December 31 to the governor
661 and house and senate committees on ways and means: (i) the balance of the fund and (ii) the total
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662 return generated by the principal of said fund during the prior 12-month period ending on June
663 30.
664(c)(1) There shall be a Baby Bonds Trust Fund Advisory Board. The board shall meet
665 from time to time to assist the state treasurer in the development of general policy regarding the
666 fund and shall provide technical advice and input to the state treasurer. Matters considered by the
667 board shall include, but not be limited to: (i) identification of eligible expenditures; (ii)
668 development of mitigation measures to prevent fraud, scams, or financial exploitation of
669 designated beneficiaries related to eligible expenditures; and (iii) partnerships with individuals
670 and communities disproportionately impacted by the racial wealth gap in program expansion and
671 development, including, but not limited to, regular collaboration with the Massachusetts Baby
672 Bonds Community Advisory Committee established in subsection (d).
673(2) The board shall consist of 17 members. There shall be 6 nonvoting members, 2 of
674 whom shall be appointed by the president of the senate, 1 of whom shall be appointed by the
675 minority leader of the senate, 2 of whom shall be appointed by the speaker of the house of
676 representatives and 1 of whom shall be appointed by the minority leader of the house. There
677 shall be 11 voting members: the state treasurer, or a designee, who shall serve as chair; the
678 secretary for administration and finance, or a designee; the secretary of education, or a designee;
679 the attorney general, or a designee; 2 members of the Baby Bonds Community Advisory
680 Committee established in subsection (d), selected by said committee; and 4 members appointed
681 by the state treasurer 2 of whom shall be experts in economics and socio-economic policy and 2
682 of whom shall be individuals from, or who have experience advocating on behalf of, a census
683 tract where over 20 per cent of the populations fall below the federal poverty line. The appointed
684 members shall each serve for a term of 5 years and shall be eligible for reappointment. The board
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685 shall serve without compensation but shall be reimbursed for necessary expenses incurred in the
686 performance of their duties.
687(3) The board shall report annually on or before December 31 to the governor and the
688 house and senate committees on ways and means.
689(d) There shall be in the office of the treasurer and receiver general a Massachusetts
690 Baby Bonds Community Advisory Committee which shall facilitate regular community
691 engagement and outreach concerning the administration and allocation of the Baby Bonds Trust
692 Fund. The committee shall be comprised of individuals and interested stakeholders from
693 geographically diverse regions of the commonwealth. The committee shall serve without
694 compensation but shall be reimbursed for necessary expenses incurred in the performance of
695 their duties.
696(e)(1) At any time upon their reaching the age of 18 and prior to their reaching the age of
697 35, a designated beneficiary may submit a claim to distribute, in whole or in part, their
698 accounting; provided, however, that the designated beneficiary shall demonstrate that the
699 distribution will be applied toward an eligible expenditure; provided further, that, at the time of
700 the application, the designated beneficiary is a resident of the commonwealth.
701(2) A designated beneficiary may not assign, alienate or otherwise dispose of any portion
702 of or interest in such accounting to another individual at any time prior to receiving the full
703 distribution of the amounts in their accounting.
704(3) If a designated beneficiary fails to submit a valid claim prior to their reaching age 35,
705 their accounting shall be credited back to the assets of the fund.
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706(4) In the case of the death of a designated beneficiary prior to their reaching the age of
707 35, upon receipt of notification of such individual’s death, their accounting shall be credited back
708 to the assets of the fund.
709(5) The state treasurer shall seek to develop and make regularly available relevant
710 resources and supports designed to assist in making financial decisions to designated
711 beneficiaries and their households. The state treasurer shall encourage and incentivize designated
712 beneficiaries to utilize said resources and supports prior to the distribution of funds to support an
713 eligible expenditure.
714(f) (1) Notwithstanding any general or special law to the contrary, no moneys invested in
715 the fund shall be considered an asset for purposes of determining an individual’s or the
716 individual’s household’s eligibility for, or amount of, any benefit or service, including, but not
717 limited to: temporary assistance for needy families and need-based, institutional aid grants
718 offered to an individual at the public educational institutions in the commonwealth.
719(2) Notwithstanding any general or special law to the contrary, contributions to an
720 accounting on behalf of a designated beneficiary shall not be included in calculating the gross
721 income of the designated beneficiary under chapter 62.
722(g) To carry out the purposes of this section, the Massachusetts department of
723 transitional assistance, the Massachusetts department of children and families, the Massachusetts
724 department of elementary and secondary education, and the Massachusetts department of public
725 health shall provide to the office of the state treasurer any information it deems necessary to
726 fund, coordinate, and evaluate activities of the fund. Said agencies shall enter an agreement with
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727 the office of the state treasurer to document the data sharing procedures and the information to be
728 shared.
729(h) The state treasurer may promulgate rules and regulations as necessary or proper for
730 the administration and enforcement of subsections (a) through (g), inclusive.
731SECTION 32. Chapter 23A of the General Laws is hereby amended by adding the
732 following three sections:-
733Section 70.
734(a) As used in this section, the following words shall, unless the context clearly requires
735 otherwise, have the following meanings:
736“Account holder”, a household that is an eligible participant.
737“Eligible participant”, a household which has an income that does not exceed 80 percent
738 of the median income for the area, as such median shall be determined from time to time by the
739 secretary of the United States Department of Housing and Urban Development pursuant to 42
740 U.S.C. 1437(a)(B)(2) or any successor legislation and the regulations promulgated thereunder;
741 provided however, that:
742notwithstanding any federal law or rule to contrary, a person shall not be denied
743 assistance under this chapter based wholly or in part on the amount of the person’s assets;
744that any income generated by such assets may be treated as countable income;
745receipt of federal, state or local public assistance of any form shall not make a person
746 ineligible to be an account holder.
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747“Community-based organization”, a public or private nonprofit organization that is
748 exempt from taxation under 26 U.S.C. 501(c)(3), a community foundation, housing authority, a
749 city or town with demonstrated effectiveness in representing a community or a significant
750 segment of a community and providing educational or related social services to individuals in
751 that community.
752“Fiscal intermediary”, a Massachusetts nonprofit organization that is exempt from
753 taxation under 26 U.S.C. 501(c)(3) with demonstrated effectiveness in matched-savings account
754 management.
755“Financial institution”, a bank, credit union, any association or corporation chartered by
756 the commonwealth under chapter 168, 170, 171 or 172, or an individual, association, partnership
757 or corporation incorporated or doing a banking business in the commonwealth subject to the
758 supervision of the commissioner.
759“Matched-savings account”, a contract between an account holder and a fiscal
760 intermediary to increase their economic mobility.
761(b) (1) A person who qualifies to become an account holder may establish a matched-
762 savings account. The matched-savings account shall permit the account holder to work towards
763 approved savings goals set forth in subsection (c).
764(2) A matched-savings account shall provide for the deposit of funds into 2 accounts at a
765 financial institution: (i) a designated account at a financial institution by the account holder and;
766(ii) the deposit of matching funds by the fiscal intermediary into a designated account at
767 a financial institution.
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768(3) Before creating a matched-savings account, a person shall create a savings plan
769 developed by the participant and a community-based organization. The plan shall provide the
770 participant with the appropriate financial education, counseling and asset-specific training
771 designed to increase the economic mobility of the participant’s household.
772(c) Approved savings goals shall serve to increase economic mobility including, but not
773 limited to:
774(1) the acquisition of post-secondary education or job training;
775(2) if the account holder has established the account for the benefit of a household
776 member who is under the age of 18 years, the payment of extracurricular non-tuition expenses
777 designed to prepare the member for post-secondary education or job training;
778(3) if the account holder has established a savings plan authorized under 26 U.S.C. 529
779 or prepaid tuition plan on behalf of a designated beneficiary, the participant shall provide
780 accurate account statements to the fiduciary organization in order to earn match;
781(4) the purchase of a primary residence; provided further, that account moneys under this
782 paragraph shall be broadly construed to include, but not be limited to: (i) payment on the
783 purchase price of the residence; and (ii) any usual or reasonable settlement, financing, or other
784 closing costs;
785(5) the rental of a primary residence; provided further, that account moneys under this
786 paragraph shall be broadly construed to include, but not be limited to: (i) security deposits; (ii)
787 first month’s rent; (iii) prepayment of last month’s rent; (iv) application fees; (v) major
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788appliances not included in the lease necessary to move into the primary residence; and
789 (vi) moving expenses;
790(6) the capitalization of a small business; provided further, that account moneys under
791 this paragraph shall be broadly construed to include, but not be limited to: (i) capital, plant,
792 equipment, and inventory expenses, (ii) hiring employees upon capitalization of the small
793 business; (iii) working capital;
794(7) improvements, repairs, or modifications to a home already owned and occupied as a
795 primary residence in Massachusetts by the account holder;
796(8) the purchase of equipment, adaptive technology or specialized training required to
797 become competitive in obtaining or maintaining employment, or to start or maintain a business,
798 or to increase the economic mobility of the account holder;
799(9) the purchase or repair of a vehicle, as specified in the account holder’s matched-
800 savings plan for increasing the economic mobility of the person;
801(10) the saving of funds for a qualified individual retirement account;
802(11) the payment of debts owed when the account holder is saving for another allowable
803 purpose, as specified in the account holder’s matched-savings plan; provided further, a non-profit
804 organization with demonstrated expertise shall provide credit counseling;
805(12) the creation or improvement of a credit score by obtaining a secured credit-builder
806 loan or a financial product that is designed to improve credit, as specified in the account holder’s
807 matched-savings plan for increasing the economic independence of the person.
808(d) Policy
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8091. Contributions
810Any earnings an individual contributes to their Matched-savings account are deducted
811 from their wages in determining countable income. An individual's contribution that are
812 deposited in a Matched-savings account are excluded from resources.
8132. Matching funds
814Any matching funds that are deposited in a Matched-savings account are excluded from
815 income and resources.
8163. Interest
817Any interest earned on the individual's own contributions and on the matching funds that
818 are deposited in a Matched-savings account is excluded from income and resources.
819(e) A fiscal intermediary may qualify as the recipient of account contributions only if the
820 fiscal intermediary structures the accounts to have the following features:
821(1) The fiscal intermediary matches amounts deposited by the account holder according
822to a formula established by the fiscal intermediary. The fiscal intermediary shall deposit
823 up to $4 into the account for each $1 deposited by the account holder.
824(2) The matching deposits by the fiscal intermediary to the matched-savings account are
825 placed in a savings account that is controlled by the fiscal intermediary and is separate from the
826 savings account of the account holder.
827(e)(1) If an emergency occurs, an account holder may withdraw all or part of the account
828 holder’s deposits to a matched-savings account for a purpose not described in subsection (c). A
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829 financial emergency is a disruption to the account holder’s economic circumstances including
830 but not limited to: (i) making payments for necessary medical expenses; (ii) avoiding eviction of
831 the account holder from the account holder’s residence; (iii) for necessary living expenses
832 following a change in economic circumstances.
833(2) The account holder shall resume contributions to the account holder’s savings
834 account after the account holder deems that the financial emergency has been resolved. The
835 account holder may choose to continue to pursue the savings plan through the appropriate
836 financial education, counseling and asset-specific training in coordination with the account
837 holder’s community-based organization while experiencing the financial emergency.
838(3) If an account holder withdraws funds from a matched-savings account for other than
839 an approved purpose, the fiscal intermediary may remove the account holder from the program.
840(f)(1) If the account holder of an account established for the purpose set forth in the third
841 paragraph through the tenth paragraph, inclusive, of subsection (c) has achieved the account’s
842 approved purpose in accordance with the matched-savings plan developed by the account holder,
843 the account holder may withdraw, or authorize the withdrawal of, the remaining amount of all
844 deposits, including matching deposits, and interest in the account as follows: (i) for an account
845 established for the purpose set forth in subsection (c)(3) of this section, by rolling over the entire
846 withdrawal amount into one or more savings plans authorized under 26 U.S.C. 529, the
847 establishment of which is the purpose of the matched-savings account; or (ii) for an account
848 established for the purpose set forth in subsection (c)(10) of this section, by rolling over the
849 entire withdrawal amount into an individual retirement account, a retirement plan or a similar
850 account or plan established under the Internal Revenue laws of the United States.
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851(2) Upon withdrawal of all funds in the matched-savings account as provided in the first
852 paragraph of this subsection, the account relationship shall terminate.
853(g) (1) If an account holder moves from the area where the program is conducted or is
854 otherwise unable to continue in the program, the fiscal intermediary may remove the account
855 holder from the program.
856(2) If the fiscal intermediary removes an account holder from the program, all matching
857 deposits in the account and all interest earned on matching deposits shall revert to the fiscal
858 intermediary. The fiscal intermediary shall use the reverted funds as a source of matching
859 deposits for other accounts.
860(h) (1) The executive office of housing and livable communities may select a fiscal
861 intermediary to administer moneys directed by the commonwealth to matched-savings account
862 purposes.
863(2) In making the selection, the executive office of housing and livable communities
864 shall consider factors related to its effectiveness including, but not limited to: (i) the ability of the
865 fiscal intermediary to implement and administer the matched-savings program, including the
866 ability to verify account holder eligibility, certify that matching deposits are used only for
867 approved purposes and exercise general fiscal accountability; (ii) the capacity of the fiscal
868 intermediary to convene and provide professional development opportunities that increase the
869 capacity of community-based organizations to provide financial education, counseling, and asset-
870 related training to account holders; (iii) the partnerships that the fiscal intermediary maintains
871 with like-minded community-based organizations, government agencies, and other entities that
872 support asset-building and wealth creation among the lower-income households across the
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873 commonwealth; (iv) Subject to executive office of housing and livable communities rules, a
874 fiscal intermediary has sole authority over, and responsibility for, the administration of matched-
875 savings accounts.
876(3) The fiscal intermediary may use at least 5 percent of the allocated moneys to the
877 matched-savings program for account management, compliance, and participation in audits.
878(4) (i) The fiscal intermediary shall ensure that account holders include people of color
879 and women, at least in such proportion as these groups exist in the commonwealth’s population
880 as periodically determined by the state secretary as the commonwealth’s chief census officer. (ii)
881 The fiscal intermediary shall ensure that account holders represent diverse geographic areas of
882 the commonwealth, including urban, rural and suburban areas.
883(5) The fiscal intermediary shall provide the executive office of housing and livable
884 communities with an annual report of the fiscal intermediary's matched-savings account program
885 activity. The fiscal intermediary shall file the report with the executive office of housing and
886 livable communities no later than 90 days after the end of the fiscal intermediary’s fiscal year.
887 The report shall include, but is not limited to: (i) the number of matched-savings accounts
888 administered by the fiscal intermediary; (ii) the amount of deposits and matching deposits for
889 each account; (iii) the purpose of each account; (iv) the number of withdrawals made; and (v)
890 participant demographics including, but not limited to, race, ethnicity, age, gender identity and
891 sexual orientation, and any other information the executive office of housing and livable
892 communities may require for the purpose of making a return-on-investment analysis.
893(i) (1) Subject to executive office of housing and livable communities rules, the
894 responsibility of the community-based organization extends to all aspects of operating the
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895 matched-savings program, including, but not limited to: (i) marketing and outreach; (ii)
896 verification and enrollment of participants; (iii) financial education; (iv) one-on-one counseling;
897 (v) conducting asset-specific training; (vi) indirect costs; (vii) and other required verification and
898 compliance activities.
899(2) There is no limit to how many community-based organizations work with the
900 selected fiscal intermediary if they satisfy the required qualifications. The executive office of
901 housing and livable communities can set how many community-based organizations
902 participating in offering the program.
903(3) A community-based organization shall receive no more than 25 per cent of the
904 allocated monies for providing all activities set forth in the first paragraph. (j) The executive
905 office of housing and livable communities may issue regulations to implement this section.
906Section 70. (a) There shall be a Matched Savings Trust Fund, which shall be
907 administered by the secretary of housing and livable communities. Monies in the trust fund shall
908 be deposited with the state treasurer in a manner that will secure the highest interest rate
909 available consistent with the safety of the trust fund.
910(b) The secretary shall appoint the trustee of the fund, who shall serve until a successor is
911 appointed.
912(c) There shall be credited to the trust fund:
913(1) all funds appropriated by the general court; (2) federal funds directed to the trust
914 fund; (3) grants and any other funds directed to the trust fund; and (5) all interest earned on
915 monies in the trust fund.
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916(d) Expenditures from the fund shall not be subject to appropriation and balances
917 remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the
918 fund shall be made for promoting economic mobility among account holders as defined in
919 section 70. Expenditures from the fund may be made for satisfying the objectives of section,
920 including but limited to, providing matches to account holder contributions to their accounts,
921 financial education, counseling, asset-specific training, for program administration, the fiscal
922 intermediary and for oversight by the executive office of housing and livable communities.
923(e) Not later than August 1 of each fiscal year, the secretary shall submit a spending plan
924 to the secretary of administration and finance and the house and senate committees on ways and
925 means. For the purpose of accommodating discrepancies between the receipt of revenues and
926 related expenditures, the secretary may incur obligations and the comptroller may certify
927 payment amounts not to exceed the most recent revenue estimate submitted by the secretary and
928 approved by the secretary of administration and finance but the fund shall be in balance by the
929 close of each fiscal year.
930SECTION 33. Section 172 of chapter 6 of the General Laws, as appearing in the 2022
931 Official edition, is hereby amended by inserting after the last paragraph the following
932 paragraph:-
933(p) The commissioner of probation shall add information in the commissioner’s database
934 upon said information’s receipt as to the date of a person’s release from a house of corrections,
935 prison or jail to implement automated and expedited record sealing, and the department of
936 criminal justice information services shall include the date of a person’s release from a house of
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937 corrections, prison, or jail for any offense as part of criminal offender record information if the
938 date is known to the department.
939SECTION 34. Section 18 ¾ of chapter 6A of the General Laws, as so appearing, is
940 hereby amended by inserting after the last paragraph the following paragraph:-
941(16) Notwithstanding any other provision of this section to the contrary, the secretary
942 shall forthwith establish and implement procedures for the department of correction, any house
943 of corrections and any jail to report on the seventh day of each month to the commissioner of
944 probation the names, personal identifying information, and the actual dates that any person was
945 released from the house of corrections, jail or the department of correction during the prior
946 month and also shall provide such information as to other dates of past release for other
947 individuals as requested or needed by the commissioner of probation to implement automated
948 and expedited sealing of records, and the inclusion of the dates a person was released from
949 custody or incarceration on criminal offender and juvenile court activity record information
950 reports.
951SECTION 35. Section 100A of chapter 276 of the General Laws, as so appearing, is
952 hereby amended by striking the first paragraph and inserting in place thereof the following three
953 paragraphs:-
954Notwithstanding any law to the contrary, a person shall not be required to file a petition
955 or other form of a request in order to seal any record of criminal court appearances and
956 dispositions related to a criminal offense in the commonwealth under this section after an
957 applicable waiting period, except as specified within this section. The commissioner of probation
958 shall establish and implement an automated process for sealing of such records. The
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959 commissioner shall seal all such records within 30 days of the time that the records became
960 eligible for sealing under this section; provided, however, that sealing of any conviction for a sex
961 offense, as defined in section 178C of chapter 6, shall require that a person with such records file
962 a request for sealing of such convictions with the commissioner on a form provided by the
963 commissioner. In the event that records of any offense required to be sealed under this section
964 without a request are not sealed due to an error or omission or lack of availability of a court
965 record based on the age of said record, a person with such records shall not be precluded from
966 seeking relief, and the commissioner of probation shall seal such records forthwith upon receipt
967 of any request to seal said record from the person or the person’s legal representative.
968The commissioner of probation shall provide all defendants at the time of a conviction or
969 other disposition of their offense or offenses with a notice that the offense or offenses may be
970 sealed in the future without the necessity of filing a petition to seal the records, a brief summary
971 of the sealing law, and a list of resources related to sealing of records. The clerk’s office of any
972 division of the trial court, the commissioner of probation, and any other criminal justice agency,
973 upon request of a person whose records are sealed, or the person’s legal representative, shall
974 provide access to the sealed records to the person or the person’s legal representative without
975 said person, or legal representative obtaining a court order or having to unseal the records.
976The commissioner of probation shall seal records of any record of criminal court
977 appearances and dispositions related to a criminal offense or offenses in the commonwealth on
978 file with the commissioner provided that: (1) the person's court appearance and court disposition,
979 including any period of incarceration or custody for any misdemeanor record to be sealed
980 occurred not less than 3 years prior to the sealing; (2) the person's court appearance and court
981 disposition, including any period of incarceration or custody for any felony record to be sealed
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982 occurred not less than 7 years prior to the sealing; and (3) the person has not been found guilty of
983 any criminal offense in the commonwealth in the case of a misdemeanor, 3 years prior to the
984 sealing, and in the case of a felony, 7 years prior to the sealing. This section shall apply to court
985 appearances and dispositions of all offenses, with the exception of convictions for violations of
986 sections 121 to 129, inclusive, sections 131A to 131D, inclusive, and section 131F of chapter
987 140, and convictions for violations of chapter 268 and chapter 268A, which are all excluded
988 from sealing, except for convictions for resisting arrest. A person with a possession of marijuana
989 offense that was later decriminalized, is not precluded from seeking earlier and immediate
990 sealing of the records, if the person files a request for such sealing on a form that shall be
991 provided by the commissioner.
992SECTION 36. Section 100A of said chapter 276, as so appearing, is hereby amended by
993 inserting after the word “files”, in line 60, the following words: within 30 days of notification of
994 such record sealing.
995SECTION 37. Section 100B of said chapter 276, as so appearing, is hereby amended by
996 striking out the first paragraph, and inserting in place thereof the following two paragraphs:-
997Notwithstanding any law to the contrary, a person charged as a delinquent or youthful
998 offender shall not be required to file a petition or other form of request in order to seal any record
999 of criminal court appearances and dispositions related to a juvenile court offense. The
1000   commissioner of probation shall establish and implement an automated process for sealing of
1001   such records. The commissioner shall seal said records in the commonwealth on file with the
1002   commissioner within 30 days after any records become eligible for sealing after the applicable 3-
1003   year waiting period. The records shall become eligible for sealing when: (1) any court
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1004   appearance or disposition including court supervision, probation, commitment or parole for the
1005   records to be sealed, terminated not less than 3 years earlier; and (2) said person has not been
1006   adjudicated delinquent or as a youthful offender, found guilty of any criminal offense in the trial
1007   court of the commonwealth, or been committed as a juvenile or imprisoned within the
1008   commonwealth in the preceding 3 years. In the event that records of any offense required to be
1009   sealed under this section without a petition are not sealed due to an error or omission or lack of
1010   availability of a court record based on the age of said record, a person with such an offense shall
1011   not be precluded from seeking relief, and the commissioner of probation shall seal such records
1012   forthwith upon receipt of a request to seal said records from the person or the person’s legal
1013   representative.
1014  The commissioner of probation shall provide all individuals at the time of an
1015   adjudication or other final disposition of their offense or offenses with a notice that the offenses
1016   may be sealed in the future without the necessity of filing a petition to seal the records, a brief
1017   summary of the sealing law, and a list of resources related to sealing of records. The clerk’s
1018   office of any division of the trial court, the commissioner of probation, or any other criminal
1019   justice agency, upon request of a person whose offense or offenses are sealed, or the person’s
1020   legal representative, shall provide access to the sealed records to the person or the person’s legal
1021   representative without said person, attorney or legal representative obtaining a court order or
1022   having to unseal the record.
1023  SECTION 38. Section 100B of said chapter 276, as so appearing, is hereby amended by
1024   inserting after the word “files”, in line 28, the following words:- within 30 days of notification of
1025   such record sealing.
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1026  SECTION 39. Said section 100B of said chapter 276, as so appearing, is hereby further
1027   amended by striking out, in lines 21, 37, 38 and 40, the word “delinquency” each time it appears
1028   and inserting in place thereof the following words:- juvenile court
1029  SECTION 40. Said section 100B of said chapter 276, as so appearing, is hereby further
1030   amended by striking out in the fourth paragraph the words “a delinquent” and inserting in place
1031   thereof the following words:- by the juvenile court
1032  SECTION 41. Section 100Q of chapter 276, as so appearing, is hereby further amended
1033   by striking out the words “or section 100B” and inserting in place thereof the following words:- ,
1034   section 100B or section 100C.
1035  SECTION 42. Notwithstanding any general law or special law to the contrary, as soon as
1036   practicable, and not later than 3 months after the effective date of this act, the commissioner of
1037   probation shall seal any other records in its computerized database of: (i) all past criminal court
1038   appearances and dispositions in the commonwealth on file with the commissioner that are
1039   eligible for sealing under section 100A of chapter 276; and (ii) all past juvenile court offenses in
1040   the commonwealth on file with the commissioner that are eligible for sealing under section 100B
1041   of chapter 276. In the event that records of any offense that is eligible for sealing are not sealed,
1042   a person with such records shall not be precluded from seeking other relief, and the
1043   commissioner of probation shall seal such records forthwith upon receipt of any request to seal
1044   said records from the person or the person’s legal representative.
1045  SECTION 43. Chapter 6 of the General Laws is hereby amended by inserting after
1046   section 222 the following section:-
1047  Section 223. The office of access and opportunity.
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1048  (a) There shall be within the office of the governor an office of access and opportunity
1049   (the “OAO”) to ensure ready access to the status of and advise on the work conducted by the
1050   OAO.
1051  (b) The OAO shall be led by a deputy chief, access and opportunity (the “deputy chief”),
1052   who shall be appointed by the governor and directly report to the governor’s chief of staff. The
1053   deputy chief shall advise the governor and the cabinet and work to foster within state
1054   government non-discrimination and equal opportunity for all irrespective of race, color, age,
1055   gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, ancestry,
1056   national origin, disability, veteran or active military status (including Vietnam-era veterans), or
1057   socio-economic background.
1058  (c) There shall be a steering committee on access and opportunity (the “steering
1059   committee”) which the deputy chief will chair and convene regularly for advice on the state of
1060   access and opportunity across the executive branch and how best to achieve goals of the OAO.
1061   The steering committee shall include: the chief human resources officer, human resources
1062   division; assistant secretary, operational services division; executive director of the
1063   Massachusetts supplier diversity office; director of office of diversity and equal opportunity;
1064   director of Massachusetts office on disability; commissioner, division of capital asset
1065   management and maintenance; director, compliance unit, division of capital asset management
1066   and maintenance; the chief operating officer, Massachusetts Department of Transportation;
1067   deputy director, office on diversity and civil rights, Massachusetts Department of Transportation;
1068   secretary of the Executive Office of Labor and Workforce Development or their designee;
1069   secretary of the Executive Office of Veterans’ Services or their designee; and representative(s)
1070   designated by the Secretary of the Executive Office of Education.
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1071  (d) The deputy chief shall have the following responsibilities:
1072  (1) collaborate with and maximize relevant initiatives, work and potential of all existing
1073   executive branch agencies, offices and resources with the explicit goal of:
1074  (i) increasing the total number of and dollar volume earned by MBEs, WBEs, and DBEs
1075   contracting with or doing business for the state; and
1076  (ii) maintaining or increasing the number of minorities, veterans and individuals with
1077   disabilities who are state employees;
1078  (2) develop with partnering agencies and offices, in consultation with the Steering
1079   Committee:
1080  (i) an integrated body of policies and actions that reflect best practices and remove
1081   barriers to advance non-discrimination and equity in access to and opportunity in employment,
1082   procurement and the provision of services within state government;
1083  (ii) ideas on how best to implement and incentivize compliance with such policies and
1084   procedures; and
1085  (iii) performance metrics focused on outcomes, such as increasing the total number of
1086   and dollar volume earned by MBEs, WBEs, DBEs contracting with or doing business for the
1087   state; and maintaining or increasing the number of minority, veterans and individuals with
1088   disabilities who are state employees;
1089  (3) convene meetings of key offices, individuals and external stakeholders as needed to
1090   accomplish specified objectives, resolve issues, and make and implement recommendations;
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1091  (4) identify state laws and regulations that obstruct or frustrate the state’s ability to
1092   provide within its own operations equity in access and opportunity for all persons;
1093  (5) serve as a liaison to pertinent commissions, councils, task forces and offices
1094   throughout state government as needed to accomplish and advance the OAO’s goals; and
1095  (6) develop for adoption administrative orders and bulletins to further the OAO’s goals,
1096   and prepare such other reports necessary to keep the Governor appropriately apprised of the
1097   work of the OAO.
1098  (e) All state agencies shall provide assistance to the OAO by sharing information and
1099   expertise, as requested.
1100  SECTION 44. The General Laws are hereby amended by inserting after chapter 6E the
1101   following chapter:
1102  CHAPTER 6F.
1103  LANGUAGE ACCESS AND INCLUSION.
1104  Section 1. Definitions. For the purposes of sections , the following terms shall have the
1105   following meanings—
1106  “Auxiliary aids and services” mean items, equipment or services that provide effective
1107   communication access for persons with communication disorders including but not limited to
1108   persons who are deaf, hard of hearing, late deafened or blind.
1109  “Culturally competent” means having a set of behaviors, attitudes and policies that
1110   enables effective work in cross-cultural situations which respects and responds to an individual
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1111   person’s culture and language, in a nonjudgmental and supportive manner, considering the
1112   service recipient as an individual and not making assumptions based on perceived or actual
1113   membership in any group or class.
1114  “Equal access” means to be informed of, participate in, and benefit from public programs
1115   or services offered by a public-facing state agency, at a level equal to English proficient persons.
1116  “Language access plan” is an administrative blueprint that defines the obligations and
1117   action plan of a public-facing state agency to comply with sections 43 to 45 inclusive. The plan
1118   shall outline all policies, procedures, and guidance enacted to ensure the provision of language
1119   access services as a constitutive element of equal access to state benefits, services, and activities.
1120   The plan shall also establish deadlines by which remedial or proactive actions to ensure language
1121   access will be taken, identify personnel responsible for implementation of the plan and establish
1122   priorities relative to the implementation of these plans.
1123  “Language access services” means oral language services and written translation
1124   services, including auxiliary aids and services.
1125  “Limited English proficient” or “LEP” are persons whose primary language is not
1126   English or who have a limited ability to speak, read, write or understand English.
1127  “Machine translation” is when computer software is utilized for the automated
1128   translation of a text from one language to another and vice versa without human intervention.
1129  “Oral interpretation” means the act of listening, understanding and analyzing a spoken
1130   message in one language and re-expressing that message faithfully, accurately and objectively in
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1131   another language and vice versa, enabling communication between two or more persons who do
1132   not speak one another’s languages.
1133  “Oral language services” means the various methods of providing verbal information and
1134   interpretation through staff interpreters, bilingual or multilingual staff, telephone interpreter
1135   services, or private interpreter services.
1136  “Outside service providers” include, but are not limited to, organizations or other
1137   persons that formally or informally, through direct or in-kind compensation, contracts, provides,
1138   or administers services which the relevant public-facing state agency is required to provide or
1139   requires, recommends or refers its clients to utilize.
1140  “Primary language” means the language in which an LEP person can most effectively
1141   and comfortably communicate.
1142  “Public contact position” means a position determined by the public-facing state agency
1143   to be one that includes meeting, contacting and dealing with the public in the performance of the
1144   agency's functions.
1145  “Public-facing state agency” means a Massachusetts executive office, department, or
1146   division thereof that provides assistance, services or information to the public. Any state agency
1147   included in the implementation schedule of sections 43 to 45 inclusive shall be identified as a
1148   “public-facing state agency” or when deemed as such under Section 9(a)(6) of sections 43 to 45
1149   inclusive.
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1150  “Qualified bilingual employee” means a staff person who is proficient in both the
1151   English language and a non-English language. Qualified bilingual employees may be categorized
1152   as “Tier 1 Bilingual Employees” or “Tier 2 Bilingual Employees”.
1153  “Qualified interpreter” is a person who is fluent in both the English language and a non-
1154   English language and who, by certification, training or experience, is able to (1) perform
1155   consecutive interpretation; (2) maintain the tone, style, and complex meaning of speech from one
1156   language to another and vice versa; (3) convey cultural nuances; and (4) remain impartial in all
1157   interpreted interactions.
1158  “Qualified multilingual employee” means a staff person who is proficient in the English
1159   language and more than one non-English language. Qualified multilingual employees may be
1160   categorized as “Tier 1 Multilingual Employees” or “Tier 2 Multilingual Employees”.
1161  “Qualified translator” means a person who is fluent in writing, reading and proofreading
1162   in both the English language and a non-English language and who, by certification, training or
1163   experience is able to (1) render a text from one language into another language and vice versa;
1164   (2) maintain the tone, style and complex meaning of the original text from one language to
1165   another and vice versa; (3) convey cultural nuances; and (4) remain impartial in the translation
1166   process.
1167  “Vital document” means a document or communication, in print or digital form,
1168   containing information that, if not provided accurately or in a timely manner, affects a person’s
1169   rights or access to, retention in, denial or termination of services, benefits or programs,
1170   including, but not limited to, applications, consent forms; complaint forms; intake forms;
1171   informational material on eligibility for benefits; notices; requests for documentation or
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1172   information; documents that must be provided by law; and notices regarding the availability of
1173   free language assistance services for LEP persons.
1174  “Written translation” means the rendering of a written text from one language to an
1175   equivalent written text of another language.
1176  Section 2. Communications with the public.
1177  (a) A public-facing state agency shall provide equal access to services, programs, and
1178   activities serving limited English proficient and deaf or hard of hearing persons by the provision
1179   of the following services:
1180  (1) Oral interpretation and auxiliary aids and services
1181  (i) A public-facing state agency shall provide timely, culturally competent oral language
1182   services to all LEP persons or auxiliary aids and services to deaf or hard of hearing persons who
1183   seek to access state services, programs, or activities or those of outside service providers.
1184  (ii) A public-facing state agency shall notify every person of their right to timely oral
1185   interpretation in their primary language or auxiliary aids and services, regardless of their status
1186   as an inquirer into, applicant for, recipient or beneficiary of a state service, program, or
1187   information.
1188  (iii) A public-facing state agency shall utilize qualified interpreters or Tier 1 bilingual or
1189   multilingual employees to provide oral language services or auxiliary aids and services.
1190  (iv) A public-facing state agency may contract with telephone-based interpretation
1191   services or community-based organizations to provide interpretation to LEP and deaf or hard of
1192   hearing persons or utilize Tier 1 bilingual or multilingual employees.
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1193  (v) A public-facing state agency that contracts or utilizes an outside service provider to
1194   fulfill the agency’s responsibilities to the public shall ensure that the outside service provider
1195   implements the requirements of Section 2(a)(1) of sections 43 to 45 inclusive.
1196  (2) Written translation
1197  (i) A public-facing state agency shall issue vital documents in the following languages:
1198   Arabic, Cape Verdean Creole, Chinese (Simplified and Traditional), French, Haitian Creole,
1199   Khmer, Korean, Portuguese, Russian, Spanish, Vietnamese and any other languages deemed
1200   necessary by the agency’s assessments required under Section 4 of sections 43 to 45 inclusive.
1201  (ii) A public-facing state agency shall translate all notices and materials that explain its
1202   services in the languages stated in Section 2(a)(2)(i) of sections 43 to 45 inclusive.
1203  (iii) A LEP person whose primary language is not required to be translated into writing
1204   under Section 2(a)(2)(i) of sections 43 to 45 inclusive is entitled to the oral interpretation of vital
1205   documents, notices and materials into their primary language.
1206  (iv) A public-facing state agency shall utilize qualified translators or Tier 1 bilingual or
1207   multilingual employees, to translate vital documents.
1208  A) State agencies shall not solely rely on machine translation to translate vital
1209   documents.
1210  B) State agencies shall have qualified translators or Tier 1 bilingual or multilingual
1211   employees verify all translations of vital documents generated through machine translation
1212   before such documents are published, conveyed, sent, or posted.
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1213  (v) A public-facing state agency that contracts or utilizes an outside service provider to
1214   fulfill the agency’s responsibilities to the public shall ensure that the outside service provider
1215   implements the requirements of Section (2)(a)(2) of sections 43 to 45 inclusive.
1216  (3) Websites
1217  (i) If a public-facing state agency maintains one or more websites for use by the public,
1218   the agency shall provide the website in the following languages: Arabic, Cape Verdean Creole,
1219   Chinese (Simplified and Traditional), French, Haitian Creole, Khmer, Korean, Portuguese,
1220   Russian, Spanish, Vietnamese and any other languages deemed necessary by the agency’s
1221   assessments required under Section 4 of sections 43 to 45 inclusive.
1222  A) The state agency shall ensure that its websites and online application materials are
1223   mobile compatible and that they satisfy or exceed the official Federal Plain Language
1224   Guidelines, March 2011, Rev. 1, May 2011 for the Plain Writing Act of 2010.
1225  (ii) Agencies shall not solely rely on machine translation to translate its websites.
1226  A) A public-facing state agency shall utilize qualified translators or Tier 1 bilingual or
1227   multilingual employees to verify the translation of its websites for accuracy.
1228  (iii) A public-facing state agency that maintains one or more websites for use by the
1229   public shall (1) provide forms and instructions for submitting complaints of alleged violations of
1230   sections 43 to 45 inclusive; (2) link such and instructions on the homepage of the state agency’s
1231   website; and (3) translate all such forms and instructions into the languages listed in Section
1232   2(a)(3)(i) of sections 43 to 45 inclusive.
1233  Section 3. Language access plan.
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1234  (a) A public-facing state agency shall develop a language access plan every 2 years
1235   based on community and agency assessments required by Section 4 of sections 43 to 45
1236   inclusive, to guide the provision of language access services to LEP and deaf or hard of hearing
1237   persons. When drafting the language access plan, a public-facing state agency shall ensure that:
1238  (1) a summary of the rights of LEP and deaf or hard of hearing persons to oral
1239   interpretation or auxiliary aids and services, respectively, and the public-facing state agency’s
1240   obligations to protect these rights are detailed at the outset of the language access plan;
1241  (2) the mandated translated languages are listed, as required by Section 2(a)(2)(i) and
1242   Section 2(a)(3)(i);
1243  (3) a plan of action is instituted for the implementation of all provisions of Sections 2, 4,
1244   5 and 7 of sections 43 to 45 inclusive;
1245  (4) the plan is made publicly available in the translated languages required by Section
1246   2(a)(2) on the main page of the public-facing state agency’s website and in its central and local
1247   offices; and
1248  (5) a complaint process is developed with complaint forms that are publicly accessible
1249   on the main page of the public-facing state agency’s website and in its central and local offices.
1250  Section 4. Assessments.
1251  (a) Community needs assessment.
1252  (1) A public-facing state agency shall conduct a community needs assessment every 2
1253   years that compiles data on the language composition of the agency’s eligible populations,
1254   including American Sign Language. The community needs assessment shall also collect data on
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1255   the engagement and interaction of eligible populations with the public-facing state agency. The
1256   agency shall determine:
1257  (i) the percentage of the eligible service population who are LEP or deaf or hard of
1258   hearing;
1259  (ii) the primary languages used by LEP or deaf or hard of hearing persons in all
1260   geographic areas the agency serves its eligible populations ;
1261  (iii) the frequency with which the agency provides services to LEP or deaf or hard of
1262   hearing persons;
1263  (iv) all points of contact whereby the eligible populations can engage with the public-
1264   facing state agency; and
1265  (v) all potential language or language-related barriers that may arise in the engagement
1266   of eligible populations with the public-facing state agency.
1267  (b) Internal state agency assessments.
1268  (1) A public-facing state agency shall conduct a language services inventory every 2
1269   years to identify available language services and staff to serve LEP persons and deaf or hard of
1270   hearing persons. A public-facing state agency shall:
1271  (i) determine the number of qualified bilingual or multilingual employees in public
1272   contact positions in each central and local office, who can provide linguistically, culturally and
1273   technically proficient language access services. This data shall be disaggregated by language and
1274   by the Tier 1 and Tier 2 classification required by Section 5(b)(3) of sections 43 to 45 inclusive.
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1275  (ii) detail the language access services, including technology and equipment, available
1276   within the state’s resources or under state contracts, including in-person interpretation, telephone
1277   interpretation, video interpretation, translation and auxiliary aids and services.
1278  (2) A public-facing state agency shall generate a language access status report every 2
1279   years of each of its statewide and local offices evaluating the agency’s capacities in serving LEP
1280   and deaf or hard of hearing persons. This status report shall include the following:
1281  (i) a calculation of the percentage of LEP and deaf or hard of hearing persons presently
1282   served by the public-facing state agency’s central and local offices, categorized by primary
1283   language;
1284  (ii) a determination of whether the current oral language and written translation services
1285   are effectively meeting the language needs of LEP persons served by the public-facing state
1286   agency;
1287  (iii) a determination of whether the current auxiliary aids and services are effectively
1288   meeting the language needs of deaf or hard of hearing persons served by the public-facing state
1289   agency;
1290  (iv) a description of the agency’s procedures for identifying vital documents for
1291   translation;
1292  (v) an evaluation of whether contracted interpreter services are effectively meeting the
1293   language needs of LEP and deaf or hard of hearing persons;
1294  (vi) an evaluation of operational protocols for staff to effectively access language access
1295   services as outlined in Section 5(c) of sections 43 to 45 inclusive;
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1296  (vii) an evaluation of staff proficiency to effectively and appropriately utilize language
1297   access services as outlined in Section 5(c) of sections 43 to 45 inclusive;
1298  (viii) a description of any language access training the public-facing state agency
1299   provides to its staff to ensure the agency is effectively serving provision of services to LEP and
1300   deaf or hard of hearing persons individuals, including the frequency of training, and date of most
1301   recent training;
1302  (ix) a determination of whether the allocation and assignment of qualified bilingual and
1303   multilingual employees to central and local offices is effectively meeting the identified language
1304   needs in those offices;
1305  (x) an evaluation of agency procedures for recruiting and retaining qualified bilingual or
1306   multilingual employees in central and local offices; and
1307  (xi) a description of the public-facing state agency’s procedures for receiving and
1308   resolving complaints regarding language access as well as the number of complaints received.
1309  (c) The assessments in this Section shall be completed prior to the drafting of the
1310   language access plan as required by Section 3 of sections 43 to 45 inclusive. The results of these
1311   assessments shall inform all content, policies, recommendations and guidance in the language
1312   access plan.
1313  Section 5. Personnel.
1314  (a) Language access coordinator.
1315  (1) A public-facing state agency shall designate a language access coordinator whose
1316   sole responsibility on a full-time basis shall be to address language access needs and the public-
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1317   facing state agency’s compliance with sections 43 to 45 inclusive, in consultation with the
1318   language access advisory board established in Section 6 of sections 43 to 45 inclusive.
1319  (2) Language access coordinators shall maintain a centralized, electronic, searchable
1320   language access database of the following:
1321  (i) all formal and informal requests for language access services and the status of those
1322   requests;
1323  (ii) all language access-related complaints, including complaints of language
1324   discrimination and/or disability discrimination in cases of the deaf or hard of hearing;
1325  (iii) the status and progress of all such requests and complaints;
1326  (iv) the resolution of all such requests and complaints, including decisions by the
1327   regional and central offices;
1328  (v) the reasons for full and partial denials of requests for language services; and
1329  (vi) the office(s) handling the relevant case or request for service.
1330  (3) A public-facing state agency may also designate regional language access
1331   coordinators to address the language access needs of relevant regions and train the regions’ staff
1332   on compliance with sections 43 to 45 inclusive.
1333  (i) Regional language access coordinators shall report to the language access coordinator
1334   of their respective public-facing state agency’s central office.
1335  (b) Staffing.
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1336  (1) A public-facing state agency shall employ a sufficient number of qualified bilingual
1337   or multilingual employees in public contact positions or as interpreters to assist employees in
1338   public contact positions, to ensure the provision of information and services in a person’s
1339   primary language.
1340  (2) A bilingual or multilingual staff member shall not provide interpretation in
1341   adversarial proceedings when the public-facing state agency that employs the bilingual or
1342   multilingual staff member is a party to the proceedings.
1343  (3) A bilingual or multilingual staff member may provide language services to LEP and
1344   deaf or hard of hearing persons, in accordance with their skill level as determined by the
1345   language access coordinator. A state agency shall classify bilingual or multilingual employees
1346   into one of two tiers, and shall only provide interpretation services in accordance with that tier as
1347   follows:
1348  (i) Tier 1 bilingual or multilingual employee: Tier 1 employees must have formal
1349   certification, training, or sufficient experience in interpretation in the specific subject matter. If
1350   the employer does not regularly employ a person that may be classified as a Tier 1 employee, the
1351   employer must hire a third-party contractor to fulfill the need for interpretation services Tier 1
1352   employees shall agree to abide by the ethical and confidentiality requirements for interpreters
1353   and translators in accordance with the American Translators Association Code of Ethics and
1354   Professional Practice.
1355  (ii) Tier 2 bilingual or multilingual employee: Tier 2 employees have the language
1356   proficiency to communicate directly with LEP or deaf or hard of hearing persons regarding
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1357   routine or common business matters. Tier 2 employees shall not serve as interpreters or
1358   translators.
1359  (4) An employee of a public-facing state agency who regularly acts as an interpreter or
1360   translator shall be reasonably compensated for that additional work.
1361  (5) A public-facing state agency shall ensure that all processes and procedures for staff
1362   to request language access services require minimal approval or documentation and are not
1363   overly burdensome.
1364  (c) Training.
1365  (1) Language access coordinators shall train employees about all processes and
1366   procedures needed to effectively obtain and utilize all language access services mandated by
1367   Section 2 of sections 43 to 45 inclusive as part of an employee’s onboarding process and on an
1368   annual basis thereafter.
1369  (i) Training shall include (1) instruction on process and procedures for requesting
1370   language access service, (2) guidance on how to effectively work with interpreters or translators
1371   and (3) explanation of procedures for reporting deficiencies to language access services.
1372  (2) A public-facing state agency shall ensure the provision of language access training
1373   for an outside service provider.
1374  Section 6. Language access advisory board.
1375  (a) Mission, organization and institution.
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1376  (1) There shall be a language access advisory board to provide guidance and technical
1377   assistance to public-facing state agencies in order to ensure equal access for LEP and deaf or
1378   hard of hearing persons to services, programs, and activities offered by a public-facing state
1379   agency.
1380  (2) The board shall be co-chaired by a staff member from the office of access and
1381   opportunity, and one other member of the advisory board elected by the board.
1382  (3) The members of the advisory board shall be appointed within 6 months of the
1383   effective date of sections 43 to 45 inclusive, and shall serve 4-year terms. Members whose terms
1384   have expired may serve until a successor is appointed.
1385  (4) The board shall meet no less than 4 times annually.
1386  (b) Composition.
1387  (1) The language access advisory board shall include: 3 members appointed by the
1388   Massachusetts Immigrant and Refugee Advocacy Coalition from prevalent LEP populations
1389   within Massachusetts, as determined by the most recent United States Census data; 1 member
1390   appointed by the Disability Law Center from the deaf or hard of hearing community; 1 member
1391   appointed by the Massachusetts Law Reform Institute; 1 member appointed by the
1392   Massachusetts Appleseed Center for Law & Justice; 1 member appointed by the Massachusetts
1393   Language Access Coalition; 1 member appointed by Greater Boston Legal Services; 1 member
1394   appointed by the Justice Center of Southeast Massachusetts; 1 member appointed by MetroWest
1395   Legal Services; 1 member appointed by the Central West Justice Center; and 1 member
1396   appointed by the Northeast Justice Center.
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1397  (c) Advisory board responsibilities.
1398  (1) The advisory board shall support public-facing state agencies to achieve compliance
1399   with sections 43 to 45 inclusive by:
1400  (i) providing guidance and technical assistance to the state agencies;
1401  (ii) advising language access coordinators of public-facing state agencies in the
1402   development and review of language access plans;
1403  (iii) reviewing all assessments and surveys from state agencies as required by Section 4
1404   of sections 43 to 45 inclusive; and
1405  (iv) providing recommendations to state agencies to reduce identified barriers for the
1406   LEP and deaf or hard of hearing persons.
1407  (2) The language access advisory board, in formulating its recommendations, shall take
1408   into account the best practices and policies in other states and jurisdictions, and may undertake
1409   further steps to help state agencies achieve compliance with sections 43 to 45 inclusive.
1410  Section 7. Reporting requirements.
1411  (a) Upon a public-facing state agency’s full implementation of sections 43 to 45
1412   inclusive as required by Section 11 and every 2 years thereafter, the agency shall submit to the
1413   office of access and opportunity and the language access advisory board the following:
1414  (1) the community needs assessment as stated in Section 4(a)(1);
1415  (2) the language services inventory as stated in Section 4(b)(1); and
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1416  (3) the language access plan as stated in Section 3.
1417  (b) Upon a public-facing state agency’s full implementation of sections 43 to 45
1418   inclusive as required by Section 11 and every 2 years thereafter, the agency shall submit the
1419   language access status report required by Section 4(b)(2) of sections 43 to 45 inclusive to the
1420   joint committee on ways and means, the joint committee on state administration and regulatory
1421   oversight, the office of access and opportunity and the language access advisory board.
1422  (c) Upon a public-facing state agency’s full implementation of sections 43 to 45
1423   inclusive as required by Section 11 and every year thereafter, the agency shall submit the
1424   language access database as outlined in Section 5(a)(2) to the office of access and opportunity
1425   and the language access advisory board.
1426  (d) A public-facing state agency shall ensure, in reporting of all materials outlined in this
1427   Section, that the following standards are maintained:
1428  (1) all data is disaggregated and cross-tabulated by primary language, disability status,
1429   race, ethnicity, age, gender and low-income status;
1430  (2) all materials are made publicly available in the list of translated languages required
1431   by Section 2(a)(2);
1432  (3) all materials are presented in plain language; and
1433  (4) all data is presented in a manner that protects the privacy of all surveyed persons.
1434  Section 8. Relief.
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1435  (a) Any person claiming to be aggrieved by a public-facing state agency for failure in the
1436   provision of language access services in order to provide equal access to services, programs, and
1437   activities of a public-facing state agency according to the provisions of sections 43 to 45
1438   inclusive shall have the right to initiate and prosecute a civil action in the district, superior,
1439   housing, probate and family, Boston municipal or land court department for injunctive and other
1440   appropriate equitable relief or an award of actual and consequential damages.
1441  (1) Should the person or persons prevail, they shall be entitled to an award of actual and
1442   consequential damages, that is the costs of the litigation including expert witness fees, reasonable
1443   attorneys' fees in an amount to be fixed by the court, and prejudgment and post judgment
1444   interest.
1445  (b) The Massachusetts commission against discrimination may commence a civil action
1446   to seek relief for a violation of sections 43 to 45 inclusive.
1447  (c) The attorney general may also commence a civil action to seek relief for a violation
1448   of sections 43 to 45 inclusive.
1449  Section 9. Office of access and opportunity.
1450  (a) The office of access and opportunity within the governor’s office shall have the
1451   following responsibilities:
1452  (1) accept and investigate complaints submitted to the office of access and opportunity
1453   by persons who have been unable to obtain timely language access services in any public-facing
1454   state agency;
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1455  (2) provide copies of all complaints annually as required by Section 5(a)(2) of sections
1456   43 to 45 inclusive to the language access advisory board;
1457  (3) eliminate the language access barrier when an agency does not provide equal access
1458   using informal methods, including conference, conciliation, mediation, or persuasion. Where the
1459   language access barrier cannot be eliminated by informal methods, the office of access and
1460   opportunity shall submit written compliance requirements to the public-facing state agency. The
1461   office of access and opportunity may request the public-facing state agency to notify it within a
1462   specified time of any action taken on its requirements, and may require a public-facing state
1463   agency to increase the frequency of reporting required by Section 9(a)(2) of sections 43 to 45
1464   inclusive every six months, as needed, or as requested by the language access advisory board;
1465  (4) create, in consultation with the language access advisory board, multilingual signage
1466   informing LEP and deaf or hard of hearing persons of their right to free oral language services or
1467   auxiliary aids and services, for dissemination to state agencies
1468  (5) shall promulgate regulations no later than 1 year after the effective date of sections
1469   43 to 45 inclusive after receiving input from stakeholders and the language access advisory
1470   board; and
1471  (6) identify additional state agencies that shall be subject to sections 43 to 45 inclusive
1472   upon its determination in consultation with the language access advisory board.
1473  (i) This determination shall be made:
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1474  A) in the 5th year following the enactment of sections 43 to 45 inclusive and every 5
1475   years thereafter or at the discretion of the office of access and opportunity in consultation with
1476   the language access advisory board; and,
1477  B) by conducting an inventory and evaluation of newly formed and existing state
1478   agencies’ engagement with the public.
1479  Section 10. Conflicting law.
1480  (a) In the event any law of the Commonwealth prescribes stronger protections, the
1481   services, programs and activities of public-facing state agencies required by sections 43 to 45
1482   inclusive shall be subject to the stronger protections.
1483  SECTION 45. Public-facing state agencies shall comply with the requirements set forth
1484   in Sections 2, 3, 4, 5 and 7 of SECTION 44 of this act in the manner established by the following
1485   implementation schedule:
1486  (a) On or before the second year after enactment, there shall be implementation by each
1487   of the following public-facing state agencies and their divisions thereof:
1488  (1) MassHealth;
1489  (2) the department of children and families;
1490  (3) the department of transitional assistance;
1491  (4) the department of unemployment assistance; and
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1492  (5) all departments, divisions and offices within the executive office of housing and
1493   livable communities that administer emergency shelter assistance, rental assistance, housing
1494   subsidies or other housing benefits to state residents.
1495  (b) On or before the third year after enactment, there shall be implementation by each of
1496   the following public-facing state agencies and their divisions thereof:
1497  (1) the department of early education and care
1498  (2) the registry of motor vehicles;
1499  (3) the department of public health; and
1500  (4) the department of mental health.
1501  (c) On or before the fourth year after enactment, there shall be implementation by each
1502   of the following public-facing state agencies and their divisions thereof:
1503  (1) the child support enforcement division of the department of revenue;
1504  (2) the department of elementary and secondary education;
1505  (3) the Massachusetts office on disability;
1506  (4) the department of public utilities; and
1507  (5) MassDigital.
1508  (d) On or before the fifth year after enactment, there shall be implementation by each of
1509   the following public-facing state agencies and their divisions thereof:
1510  (1) the department of revenue;
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1511  (2) the executive office of health and human services, specifically,
1512  (i) the department of youth services,
1513  (ii) the department of developmental services,
1514  (iii) the executive office of elder affairs,
1515  (iv) MassAbility,
1516  (v) the office for refugees and immigrants;
1517  (3) the executive office of labor and workforce development, specifically,
1518  (i) the department of family and medical leave,
1519  (ii) the department of industrial accidents; and
1520  (4) the executive office of public safety and security, specifically,
1521  (i) the Massachusetts department of correction,
1522  (ii) the department of fire services,
1523  (iii) the Massachusetts state police,
1524  (iv) the Massachusetts emergency management agency,
1525  (v) the state 911 department.
1526  SECTION 46. Section 2 of chapter 18 of the General Laws is hereby amended by
1527   inserting after subsection (B)(s), the following new subsection:-
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1528  Subsection (t). promptly replace the full amount of financial assistance or nutrition
1529   benefits stolen through electronic benefit transfer card skimming, card cloning or other
1530   fraudulent methods, including organized identity theft schemes, to the extent the federal
1531   government fails to provide federal funds to replace stolen benefits, provided that the thefts have
1532   been reported to or identified by the Department in accordance with procedures for making and
1533   verifying replacement claims established by the department.
1534  SECTION 47. Chapter 23B of the General Laws is hereby amended by adding the
1535   following 2 sections:-
1536  Section 37. (a) There is hereby established and set up on the books of the commonwealth
1537   a separate fund, to be administered by the Executive Office of Housing and Livable
1538   Communities and to be known as the Engaging Neighborhoods, Organizations, Unions,
1539   Governments and Households Fund (the ENOUGH fund or the fund). The fund shall be credited
1540   with: (i) appropriations, bond proceeds or other money authorized or transferred by the general
1541   court and specifically designated to the fund; (ii) funds from public and private sources,
1542   including, but not limited to, gifts, grants and donations; and (iii) any interest earned on such
1543   money. Amounts credited to the fund shall not be subject to further appropriation and any money
1544   remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall
1545   remain available for purposes of the fund.
1546  (b) Amounts credited to the fund shall be used to administer and fund the grant program
1547   described in this section. Funds from this item may be used to support all partner organizations,
1548   planning, operations and implementation, to include providing direct services to identified grant
1549   program constituents. Funds may also be used to provide direct or third-party administrative
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1550   support to grantees, including technical assistance, capacity building and program evaluation.
1551   Grantees shall receive support including, but not limited to, training from experts on best
1552   practices in identifying inequities, prioritizing local needs, and making data-driven decisions. If
1553   the fund is insufficient to fully fund the grant program, the Executive Office of Housing and
1554   Livable Communities shall submit a request to the house and senate committees on ways and
1555   means requesting additional funding to fully fund the program.
1556  (c) The Executive Office of Housing and Livable Communities, in consultation with the
1557   ENOUGH fund advisory committee, shall develop a grant program to support community-
1558   driven, place-based strategies aimed at reducing poverty. The general purpose of the fund shall
1559   be to support collaborative efforts to improve outcomes and opportunities for children and
1560   families living in the state’s most distressed neighborhoods and to transform those communities
1561   by aligning housing and community development investments with access to a community-based
1562   continuum of high-quality education, services, enrichment, and practices based on the best
1563   available evidence that will address needs from birth through college and career. Specific
1564   purposes of the grant program shall be to: (i) reduce concentrated poverty and expand economic
1565   opportunity for people with low incomes; (ii) increase community health, well-being and safety;
1566   (iii) provide cradle-to-career access to high-quality education, training and care; (iv) connect
1567   residents to quality jobs and in-demand occupations; (v) enable family-sustaining income and
1568   access to quality early education and care, affordable housing and health care, including
1569   reproductive, maternal, behavioral and mental health care; (vi) provide high-quality support for
1570   people with disabilities, families involved with the child welfare system, justice-involved youth
1571   and adults and other vulnerable populations; (vii) connect individuals and families to appropriate
1572   benefits and support programs; (viii) support students and children in attending and succeeding
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1573   in K-12 school environments through the expansion of integrated student support services and
1574   enrichment programs; and (ix) leverage federal, local and private funding for communities and
1575   neighborhoods. The grant shall ensure that a comprehensive approach to reducing poverty,
1576   including childhood and intergenerational poverty, is applied across multiple sectors and systems
1577   and is informed by data, evidence, research and best practices.
1578  (d) Eligible entities must form place-based partnerships in geographically defined areas
1579   to apply for the grant program. Eligible entities shall include non-profit organizations,
1580   institutions of higher education, one or more public elementary, middle, or secondary schools,
1581   school districts or offices of a school district superintendent, offices of a chief elected official or
1582   city or town manager or units or agencies of local government, and community-based
1583   organizations, to include neighborhood-based non-profit organizations. To be eligible for
1584   funding, place-based partnerships must develop a comprehensive, effective continuum of
1585   coordinated services in the following geographically defined areas: communities where more
1586   than 20% of children live in poverty; communities with high concentrations of low-income
1587   individuals; and/or communities with multiple signs of distress, which may include high rates of
1588   concentrated poverty, childhood obesity, academic failure, chronic absenteeism, juvenile
1589   delinquency, adjudication or incarceration.
1590  (e) Grants shall be provided through the following tracks: (i) one-year partnership
1591   development grants, which shall establish the foundation for proposed place-based strategy
1592   through activities that include: convening partners, activating and engaging community leaders,
1593   developing a formal partnership structure to conduct a shared vision for their community’s
1594   success, and forming a shared accountability framework, to be used throughout the planning and
1595   implementation phases; (ii) two-year plan development grants, which shall use the formal
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1596   partnership structure to conduct community asset mapping and needs assessment and engage in
1597   participatory planning processes with community residents to develop comprehensive action
1598   plans to increase economic mobility and significantly reduce poverty; and (iii) two-to-four-year
1599   implementation grants, which shall launch approved action plans, leverage additional funding
1600   streams, conduct progress monitoring and continuous quality improvement and adopt norms and
1601   structures for ongoing community leadership and implementation of the action plan.
1602   Implementation grants may be extended up to two years after the initial grant cycle provided
1603   accountability data supports grant extension request.
1604  (f) The Executive Office of Housing and Livable Communities, in consultation with the
1605   ENOUGH fund advisory committee, created pursuant to section 38 of this chapter, shall develop
1606   a transparent and competitive process for the award of grants. The process shall include an
1607   annual request for applications, widely disseminated through appropriate channels in at least the
1608   top five spoken languages in the commonwealth. The Executive Office of Housing and Livable
1609   Communities shall provide technical assistance and guidance for prospective applicants to ensure
1610   equitable access to funding opportunities and shall, in consultation with the ENOUGH fund
1611   advisory committee, develop a transparent and accountable process for reviewing applications.
1612  Priority shall be given to applicants serving communities that have experienced long-
1613   term economic distress, have demonstrated a commitment to cross-sector collaboration and
1614   partnerships, and incorporate an equity lens as well as the engagement of people with lived
1615   experience in their proposal.
1616  Finalist applicants may be subject to site visits or interviews to assess readiness and
1617   community involvement.
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1618  (g) Grantees shall be required to identify baseline and performance targets aligned with
1619   metrics determined by the Executive Office of Housing and Livable Communities, in
1620   consultation with the ENOUGH fund advisory committee. Performance targets shall be aligned
1621   with poverty reduction, economic security, improved education outcomes, increased health
1622   outcomes and safe and thriving communities. Grantees may create research-practice partnerships
1623   to improve their understanding of the cradle-to-career pipeline at the municipal or community
1624   level. The ENOUGH fund advisory committee shall support these local efforts by coordinating
1625   with relevant state agencies to link local data to data systems maintained by state agencies, in
1626   compliance with all state and local federal laws to protect individual privacy.
1627  (h) Annually, not later than October 1, the Executive Office of Housing and Livable
1628   Communities shall submit a report to the governor, the clerks of the senate and house of
1629   representatives and the senate and house committees on ways and means on the fund’s activities.
1630   The report shall include: (i) the source and amount of funds received; (ii) the expenditures made
1631   from the fund; (iii) the anticipated funding obligation for the next fiscal year; (iv) recipients of
1632   grant funding; (v) size of awarded grants by recipient; (vi) summaries of funded projects; (vii)
1633   performance data; (viii) challenges; and (ix) best practices. The report shall be posted on the
1634   agency’s website.
1635  Section 38. There shall be an engaging neighborhoods, organizations, unions,
1636   governments and households (ENOUGH) fund advisory committee, the function of which shall
1637   be advisory to the Executive Office of Housing and Livable Communities in connection with the
1638   management, operation and awarding of the fund. The committee shall consist of the following
1639   members: the secretary of the Executive Office of Housing and Livable Communities or her
1640   designee; the secretary of the Executive Office of Health and Human Services or her designee;
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1641   the secretary of the Executive Office of Education or her designee; the secretary of the Executive
1642   Office of Economic Development or her designee; the secretary of the Executive Office of Labor
1643   and Workforce Development or her designee; the secretary of the Massachusetts Department of
1644   Transportation or her designee; the commissioner of the Department of Transitional Assistance
1645   or her designee; the president of the Massachusetts Development Finance Agency or her
1646   designee; the director of rural affairs or her designee; 8 members to be appointed by the governor
1647   who shall collectively have expertise as subject matter experts, providers, or people with lived
1648   experience in a wide array of issues and areas that affect people in poverty, including but not
1649   limited to cash benefits and other income supports, tax credits and tax assistance, asset
1650   development and wealth building, early education and out-of-school time, K-12 education
1651   including vocational education, higher education, workforce development and skills training,
1652   labor unions and apprenticeships, immigration and refugee settlement, housing and
1653   homelessness, nutrition and food security, public health, maternal health and infant support, early
1654   intervention, transportation, environmental justice, health care, behavioral and mental health
1655   care, trauma-sensitive intervention and violence prevention, social services, child welfare, digital
1656   equity, justice-involved and re-entry services, legal services, and services for special populations
1657   such as children and adults with disabilities, the LGBTQIA+ community, veterans, elders, and
1658   youth aging out of foster care. All members shall be appointed for a term of 5 years, may be
1659   reappointed, and shall serve without compensation, but may be reimbursed from the fund for
1660   ordinary and reasonable in-state travel expenses. The committee may meet as often as the
1661   members may determine, but shall meet at least bi-annually, or at such other intervals as may be
1662   established by the agency in order to advise the agency, or such other qualified organization with
1663   which the agency contracts, with respect to the fund and to make any advisory recommendations
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1664   with respect thereto to the agency. All grant applications recommended by the Executive Office
1665   of Housing and Livable Communities shall be reviewed and approved by the advisory
1666   committee.
1667  SECTION 47. Chapter 268 of the Acts of 2022 is hereby amended by striking out, in line
1668   item 4403-2001, the phrase “shall develop the pilot program that serves a demographically and
1669   geographically representative sample of individuals and families receiving transitional
1670   assistance” and replacing it thereof with the following;
1671  “shall develop the pilot program that serves a demographically and geographically
1672   representative sample of individuals and families receiving public assistance benefits including
1673   but not limited to transitional assistance, Supplemental Nutrition Assistance Program (SNAP),
1674   state and federal housing assistance, child care assistance, MassHealth, and Children’s Health
1675   Insurance Program.”
1676  SECTION 48. Item 4403-2001 of section 2A of chapter 268 of the acts of 2022, as
1677   amended by section 65 of chapter 2 of the acts of 2023, is hereby amended by striking out the
1678   words “the pilot program that serves a demographically and geographically representative
1679   sample of individuals and families receiving transitional assistance” and inserting in place
1680   thereof the following words:- shall develop the pilot program that serves a demographically and
1681   geographically representative sample of individuals and families receiving public assistance
1682   benefits including but not limited to transitional assistance, Supplemental Nutrition Assistance
1683   Program (SNAP), state and federal housing assistance, child care assistance, MassHealth and
1684   Children’s Health Insurance Program.
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1685  SECTION 49. Said item 4403-2001 of said section 2A of said chapter 268 of the acts of
1686   2022, as so amended, is hereby further amended by inserting after the words “data collection
1687   purposes” the following words:- provided further, that, benefits received under the program shall
1688   be exempt from consideration and shall not be considered income for the purposes of
1689   determining an individual’s eligibility for state and federal income-based benefits, including but
1690   not limited to transitional assistance, Supplemental Nutrition Assistance Program (SNAP), state
1691   and federal housing assistance, child care assistance, MassHealth and Children’s Health
1692   Insurance Program; provided further, that the department shall establish a waiver program in
1693   collaboration with any other appropriate departments or agencies, to ensure the enforcement of
1694   the calculation and income exclusion of the program’s benefits pursuant to the preceding
1695   provision.
1696  SECTION 50. Sections 9 through 14, shall apply to tax years beginning on or after
1697   January 1, 2025.
1698  SECTION 51. Sections 30 through 38 shall take effect 18 months following passage of
1699   this act. The commissioner of probation shall commence the process of sealing records through
1700   the automated record sealing process on or before the effective date of this act.
1701  SECTION 52. Sections 41 through 43 shall take effect upon passage of this act.
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