Category: Uncategorized

(Westfield – 1/22/2024) Today Senator John Velis (D-Westfield) shared his outrage regarding the lack of access and visibility to the over-the-counter opioid reversal drug Narcan in Massachusetts pharmacies following the release of a Boston Globe survey of more than 60 statewide pharmacies.

This survey found that many pharmacies in the Commonwealth were inconsistent with their access to Narcan and did not have the item in stock or displayed on store shelves, despite the U.S. Food and Drug Administration’s (FDA) decision last spring to allow the overdose reversal drug to be sold directly to consumers and a Massachusetts law requiring all state licensed retail pharmacies to maintain a continuous supply of the lifesaving drug.

“Narcan saves lives, but only when people are able to get it. With the FDA’s monumental decision this past spring and clear state guidelines, it is absolutely unacceptable that we are not seeing Narcan stocked on all store shelves in every pharmacy across our state,” said Senator Velis, Senate Chair of the Joint Committee on Mental Health, Substance Use, and Recovery. “The very heart of the FDA’s decision and our state’s guidelines was to make Narcan more available and reduce stigma.  If you hide it and make people go back to pharmacy to ask for assistance, the entire purpose is defeated. We cannot lose sight that people’s lives are at stake.”

Senator Velis shared that he plans to reach out to the Department of Public Health about current state guidelines and will be raising this issue as part of the Joint Committee’s work this session.

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Would become third state in the nation to outlaw the inhumane procedure

(BOSTON–1/18/2024) Today, the Massachusetts Senate unanimously passed legislation that would prohibit declawing, tendonectomy, and similar procedures from being performed on cats in Massachusetts, except in cases of medical necessity to address a condition that jeopardizes a cat’s health—as determined by a licensed veterinarian.

Declawing a cat involves amputating the first bone on each toe, and tendonectomies involve cutting a tendon in each toe that controls the extension of claws.

Cats who have had their claws removed are more likely to experience paw pain, back pain, infection, tissue death, and could be unable to use their legs properly. They are also more likely to incur nerve damage and bone spurs as a result of claw regrowth, according to the Humane Society of the United States. The procedure is commonly performed for human convenience and to prevent damage to furniture, rather than medical necessity.

“The cats of Massachusetts are our beloved friends, and thousands of our Commonwealth’s residents return home from work or school every day looking forward to a warm purr that greets them at the door,” said Senate President Karen E. Spilka (D-Ashland). “Today, the Senate acted to treat our feline friends as we would any friend—with the kindness and respect to which they are entitled—by passing legislation to outlaw the outdated and cruel procedure of declawing. As we pass today’s legislation, I am thankful to Senator Montigny for sponsoring the bill, Chair Rodrigues and Chair Cronin for their support, and the countless advocates who have brought this issue to the forefront.”

“I’m pleased this compassionate animal protection bill has been passed by the full Senate. Unnecessary declawing of cats in the Commonwealth has no place in our society and should rightfully be constituted as animal abuse. I would like to thank Senator Montigny and the animal rights activists who were largely responsible for this commonsense legislation,” said Senator Michael J. Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means.

“Declawing cats is a practice we need to leave in the past,” said Senator John J. Cronin (D-Fitchburg), Senate Chair of the Joint Committee on Consumer Protection and Professional Licensure. “I’m proud to stand with my colleagues and all of the advocates who made this legislation possible.”

“Declawing is an abhorrent practice that most veterinarians view as inhumane,” said Senator Mark Montigny (D-New Bedford), a longtime legislative leader for the humane treatment of animals. “But it is also a procedure that is widely misunderstood and requested by owners. By passing this legislation, veterinarians will no longer have to weigh the choice knowing that if they don’t provide the procedure an owner is likely to just look for someone who will. This is another step in my commitment to protect animals in the Commonwealth. As a state we have done far too little to punish heartless abusers and to push back against a weak court system that has too often failed to hold them accountable. There are too many people who have committed horrendous abuses to animals that have been unpunished and are walking free to continue to do harm.”

S.2552—An Act prohibiting inhumane feline declawing—would only permit licensed veterinarians to declaw a cat if they determine it is medically necessary. Veterinarians who violate the conditions for performing a declawing may be subject to disciplinary action by their licensure board.

Under this legislation, the civil penalty for violating this prohibition is $1,000 for the first offense, $1,500 for a second offense, and $2,500 for a third or subsequent offense. If passed into law, Massachusetts would join New York and Maryland as the third state to have enacted statewide bans on declawing. Additionally, more than a dozen U.S. cities have banned the practice and dozens of countries ban it or consider it illegal.

The bill has been praised by animal rights and animal welfare advocates around the Commonwealth.

“We thank the Senate for advancing this bill and again demonstrating their commitment to animal protection,” said Kara Holmquist, Director of Advocacy for the MSPCA-Angell. “Our animal hospital, Angell Animal Medical Center, has not performed declawing surgery for decades because it is not in the interest of the animal, often involves painful complications, and can create lifelong behavior problems. We are grateful that this unnecessary amputation will be prohibited in the state.”

“This legislation would protect countless Massachusetts cats from a painful and unnecessary surgical procedure,” said Stephanie Harris, Senior Legislative Affairs Manager for the Animal Legal Defense Fund. “New York, Maryland, and many major municipalities already ban declawing — and we hope Massachusetts will be next.”

“This legislation marks a big victory towards protecting cats from unnecessary suffering and upholds Massachusetts’ position as a leader in compassionate animal treatment. Our heartfelt gratitude goes to the bill’s sponsor, Senator Mark Montigny and Senate President Spilka for their unwavering commitment to animal protection,” said Preyel Patel, Massachusetts State Director for The Humane Society of the United States.

“Declawing of cats, except when medically required, is an unnecessary surgery that causes behavioral and physical harm,” said Dr. Erin Doyle, DVM, ARL Senior Vice President of Animal Welfare and Veterinary Services at the Animal Rescue League of Boston. “The surgery is an amputation of part of the toe and can result in infection, lameness, and chronic pain. Scratching is a normal cat behavior, and there are many easy and safe options to prevent cats from scratching in a destructive way. Banning this cruel practice will prevent animals in Massachusetts from needless pain and suffering.”

“With this vote, Massachusetts is one step closer to becoming one of the most humane states in the union,” said Jennifer Conrad, DVM, of the Paw Project, a nonprofit entirely dedicated to ending the cruel practice of declawing. “Senator Mark Montigny deeply cares about what’s best for everyone in Massachusetts. He knows that this bill is good for cats because they won’t have to get their toes cut off. It’s good for people because they won’t have declawed cats who bite and/or don’t use the litter box. It’s good for veterinarians because they won’t have to declaw anymore and break their oath of doing no harm, and it’s good for the community because taxpayer dollars won’t be needed to pay for declawed cats who end up in shelters where they languish due to their behavior problems that were caused by declawing,”

Having been passed by the Senate, the legislation now heads to the Massachusetts House of Representatives for consideration.

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Legislation would establish statewide standards for appraisals, mitigating risk for residents

(BOSTON–1/18/2024) Today, the Massachusetts Senate passed legislation to enhance consumer protections for residents receiving appraisals for their own real estate, or prospective real estate.

S.2550—An Act providing consumers with equal protection for all real estate appraisals—would require that all real estate appraisals in the state be conducted exclusively by certified or licensed appraisers. If passed into law, the bill would help build consumer trust in the appraisal process by ensuring appraisers are qualified and fall under appropriate regulatory oversight.

“As a Senate and a Commonwealth, we are investing monumentally in our state’s housing, with the goal of making buying a home more affordable for every resident,” said Senate President Karen E. Spilka (D-Ashland). “This legislation ensures that when our residents reach the critical moment of receiving an appraisal, Massachusetts has their backs by ensuring the property is valued fairly and accurately. I am grateful to Majority Leader Creem for sponsoring this important legislation, and to Chair Rodrigues and Cronin for their support and leadership in the committee process.”

“People are surprised to learn that under current Massachusetts law, anyone can conduct a real estate appraisal, even if they don’t have the appropriate education and experience,” said Senate Majority Leader Cindy Creem (D-Newton). “By mandating that real estate appraisals be conducted by certified and licensed professionals, we are protecting Massachusetts consumers from sham or inaccurate appraisals that can have serious financial consequences.”

“I’m delighted the Senate has approved this consumer protection legislation that will greatly benefit and protect Massachusetts homeowners from bad actors in the industry. Homeowners in the Commonwealth who are exploring a potential sale of their property should not have to worry about unnecessary appraisals or unlicensed operators who do not act in good faith,” said Senator Michael J. Rodrigues, Chair of the Senate Committee on Ways and Means.

“Purchasing or selling real estate is one of the most impactful decisions people make,” Senator John J. Cronin (D-Fitchburg), Senate Chair of the Joint Committee on Consumer Protection and Professional Licensure. “This legislation ensures the appraisal process is fair, accurate, and supports property owners’ long-term security.”

Under current law, Massachusetts allows any person, without having to meet any standards such as education and experience, to perform valuation services for estate settlements, divorces, business dissolutions or litigation, among other things. This exposes consumers to unreasonable risk, as an individual who is not licensed or certified may prepare unsupportable valuations while operating outside of regulatory oversight and accountability. Unlicensed appraisers also mean that there is no recourse by state’s Division of Occupational Licensure when a consumer is harmed.

According to the Appraisal Subcommittee of the Federal Financial Institutions Examination Council, forty-two other states ensure consumers are protected by requiring the use of certified or licensed appraisers for all real estate appraisals. By contrast, with licensing required only for federally related transactions such as some mortgages, Massachusetts fails to fully protect consumers. This laxity permits unlicensed individuals to conduct real estate valuation services for any other purpose.

Under the legislation, to attain and retain state certification or licensing for appraisals an individual would be required to meet national and state standards, which include:

· Completing 200 to 300 hours of classroom appraisal education and passing exams.

· Participating in 15 hours of classroom instruction on the Uniform Standards of Professional Appraisal Practice.

· Accumulating 1,000 to 3,000 hours of supervised appraisal experience.

· Passing a 4- to 6-hour national licensing examination.

· Completing 28 hours of continuing education every two years, including 7 hours focused on the Uniform Standards of Professional Appraisal Practice.

The effort to increase appraisal licensure has robust support from real estate appraisal professionals.

“Today’s action by the Senate brings the Commonwealth closer to providing all consumers with assurance that their real estate appraisal is performed by a qualified, licensed professional,” stated Howard Dono, MRA, President of the Massachusetts Board of Real Estate Appraisers. “The MBREA appreciates the leadership of the bill’s sponsor, Senator Cynthia Creem, and Senate President Spilka for their commitment to consumer protection.”

Having been passed by the Senate, the legislation now moves to the Massachusetts House of Representatives for consideration.

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Bill would strike discriminatory laws, establish a permanent commission to recommend outdated legislation for repeal

(BOSTON–1/18/2024) Today, the Massachusetts Senate unanimously passed legislation to modernize the Commonwealth’s laws and strike outdated and non-inclusive statutes that are discriminatory against LGBTQ+ individuals in the state.

S.2551—An Act relative to archaic laws—would remove archaic laws that intrude on an individual’s privacy regarding sexual activity. The bill would remove existing statutes that criminalize sodomy and so-called ‘unnatural’ acts between consenting adults and make Massachusetts laws more inclusive of individuals who are LGBTQIA+. Terms struck include terminology such as sodomy, “unnatural or lascivious” sex acts, and “common nightwalkers”. In some cases, the language that this bill would strike from the General Laws dates back into the 1800s.

Additionally, the bill would establish a permanent law revision commission to examine common law, statutes and judicial decisions to identify anachronisms in the law and recommend needed reforms; receive and consider proposed changes; recommend changes in the law to align with modern conditions; and make recommendations to improve the openness and accessibility of state laws.

“Fewer things give me greater pride than leading a Senate that has spent years at the forefront of LGBTQ+ rights, and living in a Commonwealth where we proudly embrace every individual for who they are,” Senate President Karen E. Spilka (D-Ashland). “But while our values have changed for the better, sometimes the letter of the law has not. I am tremendously grateful for Senator Brownsberger’s diligent and painstaking work to ensure that our laws reflect the inclusive values of Massachusetts as we live them today, and creating a mechanism for removing laws that are no longer acceptable or relevant. I extend my sincere thanks to Chair Rodrigues and Chair Eldridge for their support through the committee process.

“This bill sends a message that Massachusetts is a place that cares about the freedom of individuals,” said Senator Willian N. Brownsberger (D-Belmont), President Pro Tempore of the Senate. “I look forward to working with my House colleagues to get this on the Governor’s desk.”

“It’s highly important to have our existing laws and language contained therein reflect the current times we live in. The creation of a permanent law review commission will go a long way towards abolishing archaic laws from the Massachusetts General Laws,” said Senator Michael J. Rodrigues (D-Westport) Chair of the Senate Committee on Ways and Means.

“The commission created by this bill is essential as we continue to make progress on key policy areas and see the law change over time here in Massachusetts,” said Senator James B. Eldridge, Senate Chair of the Joint Committee on the Judiciary. “This bill will repeal laws that are outdated and negatively affect the LGBTQ+ community, and I look forward to the proposals that will come from this committee as they ensure our laws are clear of contradictions, are constitutional, and ensure all of our rights are upheld.”

“Repealing homophobic and transphobic language in state law helps to build a safer and more inclusive Commonwealth,” said Senator Julian Cyr (D-Truro). “In Massachusetts, we take pride in being a welcoming state, and our laws must reflect our values. The archaic and discriminatory language found in Chapter 272 of the General Laws dates back to 1887 and historically was deployed to criminalize LGBTQ+ people. By removing harmful, homophobic, and transphobic language from our statutes, we ensure the letter of the law promotes equity and justice for all.”

Many of the laws addressed have not been enforced for many years due to superseding state and national law, court rulings, and Massachusetts’ decades-long transformation into a Commonwealth that welcomes all individuals regardless of sexual orientation or gender identity. The bill’s passage comes nearly a year and a half after the Supreme Court’s decision in Dobbs v. Jackson, in which Associate Justice Clarence Thomas suggested, in a concurring opinion, that the Court could revisit case law banning the criminal prosecution of sodomy.

The bill won praise from LGBTQ+ advocates around the Commonwealth.

“We are relieved and excited to see this legislation pass,” said Tanya V. Neslusan, Executive Director of MassEquality. “The Commonwealth prides itself on being a progressive, inclusive state and in that spirit, having the outdated legislation outlawing sodomy and referring to adult sexual activities as ‘unnatural acts’ stricken from our books makes Massachusetts a safer, more inclusive place for all of our residents and visitors, especially those who are a part of the LGBTQ+ community.”

During the debate, the Senate adopted an amendment from Senator Becca Rausch (D-Needham) striking a law banning blasphemy. Today’s passage marks the second consecutive session in which the Senate has acted to modernize the Commonwealth’s laws to make them more inclusive.

Having been passed by the Senate, the legislation now moves to the Massachusetts House of Representatives for consideration.

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Legislation leverages Stabilization Fund interest to compete for federal funds for transportation, housing, climate and economic development projects

BOSTON (01/11/2024) – Today, the Massachusetts Senate passed S.2548, An Act to provide for competitiveness and infrastructure investment in Massachusetts, an economic development bill that takes advantage of the interest accrued from the Commonwealth’s Stabilization Fund and leverages that interest to ensure the state receives the maximum possible share of federal funds. The Commonwealth’s Stabilization fund currently has a historic balance of $8.2 billion.

It is estimated Massachusetts currently has the opportunity to receive up to $17.5 billion through historic, once-in-a-generation federal funding opportunities.

“Remaining competitive, equitable, and affordable entails thinking creatively about our Commonwealth’s finances and funding, and that is what we accomplished today in the Senate,” said Senate President Karen E. Spilka (D-Ashland). “We have been fiscally prudent in building up the largest rainy-day fund in Massachusetts history, and today we are doubling down on our fiscal responsibility by using the interest on that fund to compete for federal dollars that will save our Commonwealth even more in the long run. I am grateful to the Governor and the Administration for filing this legislation, to Chair Rodrigues for his leadership and to the Senate’s members for their efforts and support.”

“The legislation that the Senate approved today provides us with a smart accounting measure that we can utilize to effectively stretch and maximize our taxpayer dollars to place the Commonwealth in the very best position to compete for these lucrative federal funds, while also ensuring we continue to protect our rainy day reserves and adhere to sound fiscal discipline,” said Senator Michael J. Rodrigues, (D-Westport) Chair of the Senate Committee on Ways and Means. “Government is all about partnership, and I thank the Senate President, and the Administration for this cost saving initiative as we work to capitalize on these historic federal funding opportunities to support projects throughout all corners of our state.”

This smart financial accounting initiative will require the Comptroller to transfer interest from the stabilization fund to the Commonwealth Federal Matching and Debt Reduction Fund on a quarterly basis if the stabilization balance is of a healthy amount. The Secretary of Administration and Finance would then pursue federal funding opportunities available thanks to the historic availability of federal funds for infrastructure, resiliency and economic development projects.

Over the coming years, this bill is expected to unlock more than $800 million in funds that will be used to fund the state or municipal match requirement for federal competitive grant opportunities, as well as planning work that will help municipalities with the process of preparing applications for federal grants. Once federal grant opportunities expire, money in this fund will go toward reducing the Commonwealth’s long-term liabilities.

Through three pieces of federal legislation: the Infrastructure Investment and Jobs Act (IIJA), the Inflation Reduction Act (IRA), and the Creating Helpful Incentives to Produce Semiconductors Act (CHIPS), over $2 trillion in spending is being made available to states through competitive grant programs and formula allocations. With this bill the Commonwealth will be maximizing its position to capitalize on these substantial federal funding opportunities. 

The Senate’s actions have garnered support from organizations around the state.

“This is a big deal and we are grateful for the Senate’s leadership on this important bill. It will help ensure Massachusetts can take advantage of federal infrastructure grants that can improve our transportation system, address climate challenges, and improve our economy,” said Tom Ryan, Senior Advisor on Policy, Government and Community Affairs for A Better City. “Having state matching funds available to both the Commonwealth and municipalities shows that Massachusetts is ready to partner with the Biden-Harris Administration on infrastructure projects that will benefit the region.”

“ELM applauds the Senate for passing S.2548, which will give the Commonwealth new tools to secure competitive federal funding,” said David Melly, Legislative Director for the Environmental League of Massachusetts. “With the opportunities this legislation will help unlock, cities and towns can make critical investments to both modernize our infrastructure and meet our climate and emissions goals.”   

Key components of the legislation include:

• At its current level, the Stabilization Fund is anticipated to accumulate approximately $250M in interest annually. Currently, that interest is deposited directly back into the Fund.
• This bill proposes redirecting future Stabilization Fund interest when the Fund is at healthy levels, which is defined as when:
• Amounts in the Fund exceed 10% of budgeted revenues of the previous fiscal year; AND
• The balance of the Fund has not decreased in the previous year.
• When a diversion does occur, the interest will be used for two key purposes:
  • (i) Matching funds for federal grants, as long as those funds are available; and
  • (ii) Long-term debt management strategies.
• By creating a dedicated pool of funds, the Commonwealth can leverage this money to unlock some of the $17.5 billion available in once-in-a-generation federal funding for investments in transportation, housing, climate, economic development, and technology.
• Maintaining a primary pool of funds will signal to the federal government the Commonwealth’s willingness and desire to partner on these projects.

The bill was originally filed by Governor Healey on October 19, 2023. It now heads to the Massachusetts House of Representatives for consideration. 

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