HOUSE PASSES LANDMARK VETERANS LEGISLATION

Bill increases state benefits, tax credits, and modernizes services for veterans

MAY 29, 2024

Last week, Representative Bill Driscoll Jr. (D-Milton) joined his colleagues in the Massachusetts House of Representatives in passing legislation that honors veterans in Massachusetts by broadening the definition of a veteran, increasing tax credits and state benefits that they are eligible for, and modernizing the services that they rely on. “An Act honoring, empowering, and recognizing our servicemembers and veterans (HERO Act),” will impact hundreds of thousands of veterans living in Massachusetts.

“Ensuring that state government is doing everything that it can to support the Commonwealth’s veterans is one of the most important responsibilities that we have as elected officials. Veterans represent the very best of us, having risked their lives in service of this country, which is why we owe them nothing less than our unwavering support,” said House Speaker Ronald J. Mariano (D-Quincy). “This legislation not only provides increased support for veterans in Massachusetts, through tax credits and enhanced benefits, it also takes steps to ensure that the Commonwealth goes to even greater lengths to honor our veterans and gold star families. I want to thank Governor Healey for filing the HERO Act, as well as Chairman Michlewitz and Chairman Cassidy for working diligently to guide this bill through the legislative process, and finally all of my colleagues in the House for recognizing the importance of supporting our veterans however we can.”

"The HERO Act is a transformative package of reforms that will make sure our veterans and their families have access to the benefits, resources and support they deserve,” said Governor Maura T. Healey. “As we approach Memorial Day, we are grateful to the House for advancing this essential bill today and look forward to our continued partnership with the Legislature to strengthen veteran services in Massachusetts."

“The HERO Act is a historic piece of legislation that addresses critical quality of life issues our veterans face every day,” said Representative Gerard J. Cassidy (D-Brockton), House Chair of the Joint Committee on Veterans and Federal Affairs. “Through this bill we are expanding access to resources for some of our most vulnerable veterans, increasing the annuity for disabled veterans, increasing tax credits to businesses who hire veterans and more. It is important that we continue to honor those who served our Country, and this bill highlights our commitment to their wellbeing. I am thankful to Speaker Mariano for his dedication to improving the lives of veterans in the Commonwealth and to all our Commonwealth’s service members, both active duty and retired.”

“Passing the HERO Act was a timely effort by the House ahead of this year’s Memorial Day weekend,” said Driscoll. “The expanded benefits included in this bill make tailored improvements to the services available to Commonwealth veterans. These brave individuals have committed their lives to defending our nation, and the least we can do is ensure accessibility to resources that promote healthy, happy, and prosperous lives.”

H.4172 broadens the definition of “veteran” for the purposes of expanding veteran benefits eligibility, and to better align it with federal law. This new definition includes any person that served on active duty for at least 90 days, and whose last discharge was under conditions other than dishonorable; any person that served on active duty, in the National Guard or as a reservist, including solely for training purposes and was awarded a service-connected disability, or died in such service; and any person determined to be a veteran according to the U.S. Department of Veterans Affairs. Veterans who are current Massachusetts residents will be eligible for benefits, regardless of how long they have resided here.

The HERO Act includes the following changes to veteran benefits:

Medical assistance, dental and vision benefits: requires the Secretary of the Executive Office of Veterans Services (EOVS) to provide a medical assistance benefit, behavioral health assistance benefit, and dental benefit beyond other benefits available to veterans, including medical and dental visits, behavioral health assessments, procedures, prescriptions, and costs.
Benefits for dependents of veterans: updates the definition of “dependent” to make it gender neutral and include children over the age of 18 that meet the criteria for emancipation. It also expands the pool of coverage by extending benefits to dependents who are mentally or physically unable to support themselves after reaching the age of 23. This section aligns the residential eligibility requirements of the dependent of a veteran with residential eligibility requirements of the veteran, granting benefits to the dependent of a veteran that has resided in Massachusetts for one day prior to applying for benefits.
Veteran benefits income eligibility: clarifies that an increase to an otherwise eligible veteran’s income due to a cost-of-living adjustment (COLA) made to social security, supplemental security income, or social security disability insurance would not render the recipient ineligible for benefits in the year the adjustment was issued.
Annuity for blind, paraplegic or veterans with disabilities: starting July 1, 2024, increases from $2,000 to $2,250 the annuity for blind, paraplegic, or veterans with disabilities. Starting July 1, 2025, increases from $2,250 to $2,500 the annuity for blind, paraplegic, or veterans with disabilities.
Massachusetts Veterans Memorial Cemeteries: codifies the authority of the recently created EOVS to operate, maintain and expand the Massachusetts Veterans Memorial Cemeteries in Agawam and Winchendon, and to add new locations, subject to the availability of funds, to meet the needs of veterans and their dependents.
Reinstatement of benefits by Veterans Equality Review Board: requires the Veterans Equality Review Board (VERB) to ensure that veterans discharged due to sex, race, color, religious creed, national origin, age, genetic information, ancestry, marital status, disability, or any U.S. Department of Veterans Affairs category eligible for upgrade, receive state-based benefits.
Workplace benefits and services poster: the bill requires the Secretary of EOVS, with the Secretary of Labor and Workforce Development, to create and distribute a notice including information regarding the services and resources available to veterans to be posted in the workplace and provided on the employees first day by employers in Massachusetts with more than 50 full-time employees.

The HERO Act includes the following tax initiatives:

Veterans’ property tax abatement and exemptions: creates two local options, a) municipalities may annually increase local property tax abatements for veterans in an amount equal to the increase in cost of living determined by the Consumer Price Index for the year and b) municipalities may offer an additional exemption to veterans that qualify for local property tax exemptions up to 100 percent of the amount of the exemption for which veteran qualifies.
Employer tax credit for hiring veterans: increases from $2,000 to $2,500 the amount of a tax credit for each qualified veteran hired by an employer and for subsequent years of continued employment of each veteran. This applies for taxable year 2024.
Motor Vehicle Sales Tax exemption: adds veterans with disabilities with a Purple Heart recipient plate to those allowed a sales tax exemption for the purchase of a motor vehicle for personal use.

The HERO Act also includes the following reforms:

Recognition day for sacrifice of Gold Star families: annually requires the Governor to issue a proclamation on Memorial Day in recognition of the sacrifices of Gold Star families, and requires certain landmarks and bridges be illuminated in gold on Memorial Day including the Fore River Bridge, Zakim Bridge, and Longfellow Bridge.
Flag requirements: requires flags to be flown at half-staff at public buildings and military installations when a military member is killed in active duty, or when the remains of a prisoner of war or a military member that went missing in action return home to Massachusetts, and annually on national POW/MIA day.
Creditable service for retirement: requires notice to veterans entitled to purchase creditable service for active time in the Armed Services.
Veterans’ license plates: maintains authorization for the Registrar of Motor Vehicles (RMV) to furnish veterans, including prisoners of war and recipients of certain medals, with distinctive license plates and emblems indicating the branch of service, award received, or disability status. The distinctive plates and emblems must be issued without a fee other than the established registration fee for private passenger motor vehicles and motorcycles.
DCF 51A reports and notice to military authorities: requires the Department of Children and Families (DCF) to collect information regarding the military status of parents, guardians, and caregivers during an investigation for the abuse and neglect of a child, and provide notice to the appropriate military authorities of allegations of abuse and neglect of a child involving military personnel. Requires the Commissioner of DCF to enter into a memorandum of understanding (MOU) with the federal Family Advocacy Program (FAP) at military installations in Massachusetts related to sharing information regarding investigations.
Alternative therapies for mental health treatments: requires EOVS, in coordination with the Executive Office of Health and Human Services (EOHHS), to convene a working group to study and make recommendations on the use of psychedelics as an alternative therapy for mental health treatments for veterans.
EMT training waiver for veterans: authorizes the Department of Public Health (DPH) to issue a waiver for veterans applying for an emergency medical technician (EMT) certification in Massachusetts if it is determined by DPH that the education and training requirements for veterans and military medics of the US Armed Forces are sufficiently comparable to the requirements for EMTs in Massachusetts.
Slot machines: the bill allows certain veterans' organizations to be approved by the Gaming Commission and their local licensing authority for up to five slot machines on their premises.

Additionally, Driscoll has previously worked with Representative Bruce J. Ayers (D-Quincy) on a bill similar to the EMT training waiver provisions included in the HERO Act. The current version of this bill, An Act relative to the civilian certification of military medical personnel, establishes a program that enables military medical personnel to perform certain medical practices under the supervision of registered physicians in the Commonwealth. The EMT training waiver provision essentially does just that for the specific role, while adhering to set training and experience expectations.

Having passed the House of Representatives 156-0, the HERO Act now goes to the Senate for its consideration.

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