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The following bills were selected by Arc of Massachusetts as priorities during the state's 2007-2008 Legislative session (185th Session of the General Court). They are grouped in the following order:
1. Arc-supported legislation passed during the session
2. Arc-supported legislation that did not pass
3. Legislation supported by The Arc but not formally adopted
1. Arc-supported legislation successfully PASSED this session:
S2764 (formerly S65) - An Act Relative to Rates for Human and Social Service Programs
Tuesday, Aug. 5: Signed into law by Gov. Deval Patrick. Thanks to the support of the three Massachusetts trade organizations, ADDP, MHSACM and the Provider's Council, both branches of the Legislature passed the bill unanimously. The Governor's early endorsement, plus Secretary JudyAnn Bigby's release of the EOHHS Report detailing the fiscal problems of the provider community, also played a critical role in achieving passage of this extraordinary legislation. Thanks also to Sen. Candaras. See our partners' website here for more details.
Summary: Requires the Commonwealth to treat “purchase of service” contracts similarly to other services that have established rates. It sets a standard of rate adequacy and confers on social service providers the same appeal rights as are accorded to other providers whose rates are set by the Division of Health Care Finance and Policy. It also adjusts multi-year contracts for annual inflation, and provides a right to obtain a contract amendment if the procuring government agency adds additional units of service or new program requirements to a contract.
Filed by Gale D. Candaras.
H1876 - An Act to change the title of the Department of Mental Retardation
July 13, 2008: Legislature includes name change in budget. Negates need for H1876.
In a pleasantly surprising move, the Legislature included changing the name of DMR to Department of Developmental Services in its budget request. The Senate initiated the language-- thank you Senators Spilka, Berry, Brewer for championing it and Sen. Panagiotakos for including in the Ways and Means Budget. In issuing his vetoes today (and NOT including the name change among them), the Governor signed the name change into law. Congratulations to MASS for its advocacy on this and thanks to Rep. Michael Costello for filing this bill, Reps. DeLeo, Sannicandro, L'Italien and our other friends in the Legislature for getting behind it, as well as Gov. Patrick for supporting it.
Arc Op-Ed - June 22, 2008 (appeared in Patriot Ledger, MetroWest Daily News and many other local papers)
Arc Testimony - June 27, 2007
S286 An Act to maintain transition age requirements for students with disabilities
August 5, 2008: Signed by Governor Patrick into law. Thanks to Gov. Patrick for signing the bill, Sen. Ed Augustus for sponsoring it; Senators Bruce Tarr, Rep. Tom Sannicandro, and Rep. Jennifer Flanagan for their co-sponsorship; and Mass. Advocates for Children for their tireless advocacy.
Summary: This bill would maintain the requirement to initiate special education transition planning and transition services at age 14. A broad-based group, including educators, administrators, parents, and advocates, strongly supports maintaining initiation of transition planning and services at age 14, rather than age 16 as now allowed by federal law. Delay beyond age 14 (waiting until the middle of high school) is too late to facilitate the most effective transition planning for youth with disabilities. Filed by Sen. Ed Augustus.
Sept. 17, 2008: Signed by Governor Deval Patrick into law. Thanks to Rep. Sannicandro for filing this bill and quietly getting through the Legislature. The bill was largely drafted by Jeff Keilson, and had the support of MFOFC, MASS, MDDC and the CPASS Advisory Board.
Summary: This bill directs DDS to develop a self-determination model. This model would be the first step toward creating a cost-effective system to give people with disabilities and their families more choice in determining the type of services they receive. It would replace the standard menu of services that gives individuals and their families little control over what services are provided.
Testimony by Megan Rasbold-Gabbard - June 27, 2007
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H3499 - An Act Further Regulating Parking for Handicapped Persons
April 10: 2008: Signed into law by Governor Patrick.
Summary: This bill is a technical clarification for an existing Massachusetts General Law pertaining to the cross hatch access aisles adjacent to handicap parking spaces. Handicap parking spaces are required to be at least eight feet wide (not including the cross hatch access aisles, where no parking is acceptable). The corresponding sign should be of white lettering against a blue background clearly indicating the reservation with the following phrase: "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense." These spaces should be located near a door or entrance way, and/or near curb ramps and walkways.
Filed by Rep. Mary Grant and Sen. Cynthia S. Creem.
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2. Arc-supported legislation that did not pass:
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H109* An Act to Ensure the Humane Treatment of Disabled Persons
This bill, filed in various iterations for the last 20 years, would ban aversive therapy in Massachusetts. Prohibits the use of corporeal punishment, including, but not limited to shocking and pinching, by any program funded, operated, licensed or approved by the Commonwealth for the purpose of changing the behavior of persons with physical or mental disabilities.
Filed by Rep. Barbara L'Italien.
January 16, 2008: Hearing held by Joint Committee on Children, Families and Persons with Disabilities
March 18, 2008: Sent to study by Joint Committee on Children, Families and Persons with Disabilities
Visit our Aversive Therapy page for more information on this issue
Arc fact sheet
2008 testimony by Disability Law Center
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H2245, S1122 * An Act creating a special commission on behavior modification (new bill)
Creates a commission to investigate and make legislative recommendations on the adequacy and effectiveness of laws and regulations governing the use of behavior modification techniques, including aversive procedures and the principles of applied behavior analysis across all publicly operated and/or funded agencies.
Filed by Sen. Brian Joyce and Rep. John Scibak.
Jan. 16, 2008: Hearing held by Joint Committee on Children, Families, and Persons with Disabilities
March 18, 2008: Sent to study by Joint Committee on Children, Families and Persons with Disabilities
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H2244, S1124* An Act relative to behavior analysts (new bill)
Creates a new state licensing requirement for "Associate behavior analyst" and "Behavior analyst." Such individuals must demonstrate active status; must have fulfilled all requirements for renewal and recertification as a Board Certified Associate Behavior Analyst©; and must conduct their professional activities in accordance with accepted standards, such as the Ethical Standards of Psychologists of the American Psychological Association, and the Guidelines for Responsible Conduct of the Behavior Analyst Certification Board©. Administration and oversight of licensure shall be maintained by the Massachusetts Division of Professional Licensure. Filed by Sen. Brian Joyce and Rep. John Scibak.
Jan. 16, 2008: Public Hearing held by Joint Committee on Children, Families and Persons with Disabilities
March 18, 2006: Sent to study by Committee on CFPD.
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H37* An Act relative to the development of underutilized facilities and state-owned property formerly operated by the Department of Mental Health or the Department of Mental Retardation for supported housing for chronically mentally ill and disabled
This will be the third Session during which this bill will be filed. The bill proposes a mechanism to capture the proceeds of the sale or disposition of surplus property for use in creating housing for persons served by the Department of Mental Retardation (DMR) and the Department of Mental Health (DMH). Supported by the Citizens' Housing And Planning Association (CHAPA) and the National Alliance for the Mentally Ill (NAMI), Massachusetts chapter.
Refiled by Rep. Kay Khan.
March 20, 2008: Referred to Joint Committee on Bonding, Capital Expenditures and State Assets
May 15, 2008: Sent to study by Joint Committee on Bonding, Capital Expenditures and State Assets
Arc testimony - March 20, 2007
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H135* An Act creating a means for tracking the unmet needs of individuals with developmental disabilities in the Commonwealth of Massachusetts (new bill)
This bill would establish the means to gather more data towards assessing the unmet needs of individuals with developmental and intellectual disabilities. It directs the Office of Disabilities and Community Services to maintain the system and articulates which agencies will submit information.
Filed by Rep. Tom Sannicandro.
May 28, 2008: Referred to House Committee on Steering, Policy and Scheduling.
June 20, 2008: Recommitted to House Ways & Means Committee with amendment pending.
Arc testimony - June 27, 2007
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H106 - An Act relative to sufficient services within the Department of Mental Retardation*
This is a re-file of a bill to develop a three-year plan to address all individuals waiting for community-based services, including residential, day, transportation, and Family Support services. Filed by Rep. Peter Koutoujian.
Referred to Joint Committee on Children, Families and Persons with Disabilities.
Sept. 19, 2007: Reported favorably by Joint Committee on Children and Families.
Arc testimony - September 19, 2007
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H748 - An Act relative to wage parity for direct care employees of providers of services to the Department of Mental Retardation*
This is a re-file of a bill that would gradually phase in parity between the wages of state and vendor employees. Currently, state employees are compensated at a rate that is generally one-third higher for direct care positions.
Filed by Rep. Antonio Cabral.
Referred to Joint Committee on Children, Families and Persons with Disabilities.
May 2, 2007: Referred to House Committee on Ways and Means.
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S2567 (formerly H2221) An Act Authorizing Dental Hygienists to Practice in Public Health Settings
This bill is an amendment to the already existing Massachusetts General Law allowing registered dental hygienists to practice in public health settings if necessary. The hygienist is required to enter into a collaborative communicative agreement with a licensed dentist, state or local government, or institution in order to ensure patient safety. Public hygienists will be reimbursed by Medicaid for any work performed, but they must likewise refer patients to the proper facilities should further treatment be necessary. This bill does not allow hygienists to work independently of licensed dentists, with a few exceptions, such as working for a local or state government agency or institution.
Original bill filed by Rep. William Smitty Pignatelli
July 21, 2008: Referred to Senate Ways & Means Committee
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S1378 An Act relative to training for Law Enforcement in dealing with individuals suffering from mental illness
This bill will ensure that all law enforcement personnel throughout the state receive appropriate training in techniques that allow for successful interventions with people who have both mental illness and other intellectual disabilities, including autism. Filed by Sen. Cynthia Creem.
March 18, 2008: Sent to study by Joint Committee on Public Safety and Homeland Security
Arc testimony - April 25, 2007
Senator Creem's press release on hearing - April 27, 2007
Disability Policy Consortium testimony - April 25, 2007
"Police Officers and Disability: Perceptions & Attitudes" from the journal Intellectual & Developmental Disabilities
Op-ed on bill
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3. Legislation supported by The Arc, but not formally adopted:
The Arc has submitted testimony in SUPPORT of the following legislation, which is consistent with our platform but has not been formally adopted.
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S83, S118: An Act Protecting Disabled Persons from Financial Exploitation
Classifies financial exploitation of a disabled person as abuse under the provisions pertaining to the disabled persons protection commission.
Filed by Sen. Robert Hedlund, Richard Tisei
Oct. 24, 2007: Reported favorably out of Joint Committee on Children, Families and Persons with Disabilities
Nov. 5, 2007: Referred to Senate Ways & Means Committee
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S1143: An Act Relative to Reckless Endangerment
Imposes a term of imprisonment in a house of correction for up to two and one half years for the wanton or reckless engaging in conduct that creates a substantial risk of serious bodily injury or sexual abuse of a disabled person or failure to alleviate said risk where a duty to act exists.
Filed by Sen. Marion Walsh
Oct. 30, 2007: Senate Passed
Oct. 30, 2007: Referred to House Committee on Steering, Policy and Scheduling
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Proposed changes to MGL Chapter 40b
Affordable housing "anti-snob" statute.
Arc testimony - October 23, 2007
Proposed changes to MGL Chapter 40a, section 3
"Dover amendment" education-use exemption component of state zoning statute.
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4. Legislation OPPOSED by The Arc:
H1511 - An Act reinstituting the death penalty in the Commonwealth
Refiled bill, originally sponsored by Mitt Romney and characterized by the former Governor as the "gold standard for the death penalty in the modern age."
Filed by Rep. Bradley Jones.
Nov. 5, 2007: Reported ought NOT to pass by Joint Committee on Judiciary.
Nov. 7, 2007: Bill defeated by full House 110-46.
See roll call
Arc testimony - October 23, 2007
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Check back for status updates and action alerts as the Legislature continues work on these bills!
Last Page Update 9/16/08
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