Bill Summary – FastDemocracy

FILED ON: 5/22/2024
      HOUSE . . . . . . . . . . . . . . . No. 4671
     House bill No. 4661, as changed by the committee on Bills in the Third Reading, and as
     amended and passed to be engrossed by the House. May 22, 2024.
                                The Commonwealth of Massachusetts
                                                      _______________
                                    In the One Hundred and Ninety-Third General Court
                                                       (2023-2024)
                                                      _______________
     An Act honoring, empowering, and recognizing our servicemembers and veterans.
             Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
     forthwith honor, empower and recognize servicemembers and veterans in the commonwealth,
     therefore it is hereby declared to be an emergency law, necessary for the immediate preservation
     of the public convenience.
              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
     of the same, as follows:
         SECTION 1. Section 6A of chapter 2 of the General Laws, as appearing in the 2022
 official edition, is hereby amended by adding the following 3 paragraphs:-
         (h) In the event of the death of any military service member performing military duty
 under official orders, who is killed while in an active duty status, including, but not limited to, a
 member of the United States Army, United States Air Force, United States Coast Guard, United
 States Marine Corps, United States Navy, United States National Guard, United States Army
 Reserves and United States Space Force, and residing in the commonwealth, from the day of
 death until sunset of the day of interment, the flag of the commonwealth shall be flown at half-
 staff in accordance with such orders or instructions as may be issued by, or at the direction of,
 the governor.
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        (i) In the event the remains of a POW or a MIA are repatriated within the commonwealth,
 from the day of arrival within the commonwealth through the day of interment the flag of the
 commonwealth shall be flown at half-staff.
        (j) Annually, on national POW/MIA recognition day, observed on the third Friday of
 September, from sunrise to sunset the flag of the commonwealth shall be flown at half-staff.
        SECTION 1A. Section 34 of said chapter 2, as so appearing, is hereby amended by
 striking out, in line 2, the word “department” and inserting in place thereof the following words:-
 executive office.     SECTION 2. Chapter 6 is hereby amended by inserting after section
 15ZZZZZZ the following section:-
        Section 15AAAAAAA. (a) The governor shall annually issue a proclamation on
 Memorial Day in recognition of the sacrifices of Gold Star families in the commonwealth and
 the following landmarks and bridges shall be illuminated in gold on Memorial Day to
 commemorate and recognize the lives of those lost in military service, including, but not limited
 to:
        (1) the Gold Star Families Bridge in the city of Lynn;
        (2) the Leonard P. Zakim Bunker Hill Memorial Bridge in the cities of Boston and
 Cambridge;
        (3) the Longfellow Bridge in the cities of Boston and Cambridge;
        (4) the Fore River Bridge in the city of Quincy and the town of Weymouth; and
        (5) the Kenneth F. Burns Memorial Bridge in the city of Worcester and the town of
 Shrewsbury.
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        (b) The governor, the department of transportation, the executive office of veterans’
 services and the Military Friends Foundation shall establish policies and procedures necessary to
 implement this section.
        SECTION 3. Subsection (d) of section 16DD of chapter 6A of the General Laws, as
 appearing in the 2022 Official Edition, is hereby amended by striking out, in line 29, the second
 time it appears, the word “department” and inserting in place thereof the following words:-
 executive office.
        SECTION 4. Section 105 of said chapter 6A, as so appearing, is hereby amended by
 striking out, in line 1, the words “a department” and inserting in place thereof the following
 words:- an executive office.
        SECTION 5. Section 4G of chapter 7 of the General Laws, as so appearing, is hereby
 amended by striking out, in lines 7 to 8, the words “the department of veterans’ services,”.
        SECTION 6. Section 61 of said chapter 7, as so appearing, is hereby amended by striking
 out, in lines 124 and 125, the word “department” and inserting in place thereof the following
 words:- executive office.
        SECTION 7. Section 17 of chapter 11 of the General Laws, as so appearing, is hereby
 amended by striking out, in line 21, the word “department” and inserting in place thereof the
 following words:- executive office.
        SECTION 7A. Chapter 23K of the General Laws is hereby amended by inserting after
 section 20 the following section:-
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        Section 20A. (a) As used in this section, the following words shall, unless the context
 clearly requires otherwise, have the following meanings:
        “Limited slot machine establishment”, the premises owned or leased by a veterans’
 organization for use by its members in good standing.
        “Limited slot machine license”, a gaming license issued by the commission that permits a
 veterans’ organization to operate a gaming establishment with no table games and not more than
 5 slot machines at a limited slot machine establishment.
        “Limited slot machine licensee”, a veterans’ organization that holds a limited slot
 machine license for its limited slot machine establishment.
        “Local licensing authority”, the local licensing authority in the city or town in which the
 limited slot machine establishment is located.
        “Veterans’ organization”, any veterans’ organization that is: (i) incorporated by the
 Congress of the United States; and (ii) included in section 4E of chapter 9.
        (b)(1) The commission may issue a limited slot machine license to veterans’
 organizations in the commonwealth.
        (2) A limited slot machine license shall only be issued to a veterans’ organization that: (i)
 has been organized and actively functioning as a veterans’ organization for not less than 5 years
 prior to being issued a license; (ii) has received the approval of the local licensing authority; and
 (iii) has been deemed suitable and qualified pursuant to regulations adopted by the commission
 pursuant to subsection (l).
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         (3) No limited slot machine license issued to a veterans’ organization pursuant to this
 section shall be transferred or assigned.
         (c) A limited slot machine license issued by the commission pursuant to this section may
 be suspended or revoked at the discretion of the commission or upon written request to the
 commission by the local licensing authority. The suspension or revocation of a license issued
 pursuant to this section may be appealed by the limited slot machine licensee to the full
 commission, and the commission shall hear the appeal on the record. The decision rendered by
 the commission after the hearing shall be final and the licensee shall not be entitled to further
 review; provided, however, that in the case of a license revocation, the licensee shall be entitled
 to reapply for a license not less than 5 years from the date in which the final decision of the
 commission was issued.
         (d) A limited slot machine licensee shall limit the promotion, operation of and access to
 slot machines to members in good standing of the veterans’ organization; provided, that no
 member of the veterans’ organization holding a limited slot machine license shall receive
 remuneration in any form for time or effort devoted to the promotion or operation of the slot
 machines. No member of the general public shall be permitted access to any slot machine in a
 limited slot machine establishment.
         (e) The profits of any slot machines shall be the property of the limited slot machine
 licensee, and shall be used for charitable, fraternal or civic purposes, including, but not limited
 to, veterans’ benefits.
         (f) A limited slot machine license issued pursuant to this section shall be valid for a
 period of 5 years. The commission shall establish procedures for application and renewal and
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 may establish a fee for application or renewal not to exceed $500. Application and renewal fees
 shall be deposited into the Gaming Revenue Fund established in section 59.
        (g) Each licensee shall keep accurate records and books showing: (i) the total amount of
 all monies deposited by members in good standing of the veterans’ organization who played the
 slot machines located in the limited slot machine establishment; (ii) the expenses incurred; and
 (iii) the name and address of each person receiving greater than $100 in winnings in a 24-hour
 period. A separate checking account shall be kept of receipts and expenditures. Money for
 expenses shall be withdrawn only by checks having preprinted consecutive numbers and made
 payable to a specific person or corporation. No check shall be made payable to cash. All monies
 expended for said charitable, fraternal or civic purposes shall be duly and accurately recorded as
 to specific amounts expended and the purposes for which said amounts were expended. Proceeds
 from the operation of the slot machines shall be kept in a separate bank account and the licensee
 shall file an annual report on or before December 31 of each year of the charitable, fraternal and
 civic disbursements made during the preceding year with the commission and the local licensing
 authority in such form as the commission may prescribe. Such annual report shall be a public
 record. The commission and the local licensing authority, or their duly authorized agents or
 representatives, shall at all times have access to the limited slot machine establishment, as well
 as the records and books of any licensee for the purpose of examining and checking the same.
        (h) Each licensee shall file a return with the commission, on a form prepared by the
 commission, and shall pay therewith a tax of 5 per cent of the gross profits derived from the slot
 machines located in the limited slot machine establishment, which shall be deposited into the
 Gaming Revenue Fund established in section 59.
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        (i) No person under 21 years of age shall be permitted in the portion of any building or
 premises of the licensee during such time as a slot machine is being played.
        (j) A limited slot machine establishment shall keep conspicuously posted on their
 premises a notice containing the following statement: “If you or someone you know has a
 gambling problem and wants help, call the Massachusetts Council on Gaming and Health on the
 Safer Gaming Education Line at 1-800-426-1234 or the Massachusetts Department of Public
 Health helpline at 1-800-327-5050.”
        (k) Limited slot machine licensees shall only acquire slot machines from a person
 licensed as a gaming vendor under section 31.
        (l) The commission shall, consistent with the public objectives of this chapter established
 in section 1, promulgate regulations for the implementation, administration and enforcement of
 this section including, without limitation, regulations that prescribe: (i) the method and form of
 application which an applicant for licensure shall follow and complete before consideration by
 the commission; (ii) the information to be furnished by an applicant for a limited slot machine
 license or for the renewal of a limited slot machine license; (iii) suitability standards for
 applicants for licensure pursuant to this section; (iv) the criteria for evaluation of the application
 for a limited slot machine license and qualifications for licensure pursuant to this section; (v) the
 information to be furnished by a veterans’ organization relating to the members of the veterans’
 organization tasked with managing the slot machines; (vi) criteria for eligibility for licensure
 under this section; (vii) conditions on the operation and control of a limited slot machine
 establishment; and (viii) grounds and procedures for the revocation or suspension of a limited
 slot machine license.
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        SECTION 8. Section 49 of chapter 31 of the General Laws, as so appearing, is hereby
 amended by striking out, in lines 14 and 15, the words “home in the city of Chelsea” and
 inserting in place thereof the following word:- homes.
        SECTION 9. Paragraph (h) of subdivision (1) of section 4 of chapter 32, as so appearing,
 is hereby amended by striking out the fourth subparagraph and inserting in place thereof the
 following subparagraph:-
        Notwithstanding the provisions of this chapter or any other general or special law, rule or
 regulation to the contrary, a member in service of a retirement system as defined in section 1
 shall be provided written notice by the retirement board upon entry into service that if they
 qualify as a veteran who served in the armed forces of the United States they shall be entitled to
 credit for active service in the armed services of the United States; provided, however, that such
 active service shall not be credited until such member, prior to or within 1 year of vesting
 pursuant to this chapter, has paid into the annuity savings fund of such system, in 1 sum or in
 installments, upon such terms and conditions as the board may prescribe, makeup payments, for
 each year of creditable service sought, of an amount equal to the 10 per cent of the regular
 annual compensation of the member when said member entered the retirement system; provided
 further, that such creditable service shall not be construed to include service for more than 4
 years; and provided further, that such creditable service shall not be allowed for any period of
 active service for which said veteran has received credit pursuant to this paragraph . This
 paragraph shall apply to national guard and active reserve personnel, both former and present.
 Creditable service time, both enlisted and commissioned, may be applied toward retirement on a
 ratio of 5 years national guard service or 5 years active reserve service substitutable for each year
 of active service. National guard and active reserve personnel shall not be precluded from
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 making said purchase should they qualify as a veteran after vesting or if they reach the maximum
 of 4 years of eligible service purchase subsequent to vesting and qualifying as a veteran;
 provided, that they enter into a purchase agreement within 5 years of the last occurring event.
        SECTION 10. Section 67A of chapter 33 of the General Laws, as so appearing, is hereby
 amended by adding the following paragraph:-
        Next of kin of a fallen service member may apply to the adjutant general for a medal of
 liberty, in a form prescribed by the adjutant general. There shall be within the application for the
 medal of liberty a notification that informs applicants of their eligibility to receive the medal of
 liberty license plate, pursuant to section 2 of chapter 90, free of charge upon approval of the
 application. The notification shall read as follows: IF YOU RECEIVE THE MEDAL OF
 LIBERTY, YOU ARE ENTITLED TO RECEIVE THE MEDAL OF LIBERTY LICENSE
 PLATE FREE OF CHARGE. APPLY AT https://www.mass.gov/doc/application-for-medal-of-
 liberty-plates. SECTION 11. Section 5 of chapter 59 of the General Laws, as so appearing, is
 hereby amended by inserting after clause Twenty-second H the following 2 clauses:-
        Twenty-second I. In a city or town that accepts this clause and is certified by the
 commissioner to be assessing all property at full and fair cash valuation, an abatement granted
 pursuant clause Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C,
 Twenty-second E or Twenty-second F shall be increased annually by an amount equal to the
 increase in the cost of living as determined by the Consumer Price Index for such year. The
 department of revenue shall annually inform each city or town that accepts this clause of the
 amount of this increase.
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        Twenty-second J. In a city or town that accepts this clause and is certified by the
 commissioner to be assessing all property at full and fair cash valuation, a taxpayer who
 otherwise qualifies for an exemption pursuant clause Twenty-second, Twenty-second A,
 Twenty-second B, Twenty-second C, Twenty-second E or Twenty-second F shall be granted an
 additional exemption that shall be uniform for all herein named exemptions and the amount of
 which shall not exceed 100 per cent of the exemption for which the taxpayer qualifies, as may be
 determined by the legislative body of the city or town, subject to its charter, not later than the
 beginning of the fiscal year to which the additional exemption shall commence. Once accepted,
 the amount of the exemption shall continue until amended by the legislative body of the city or
 town. Notwithstanding any provision of this chapter to the contrary, the exemption shall be in
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