Military and emergency laws; closure of United States government; civil relief for furloughed employees and contractors; emergency. Extends from 30 days to 60 days the stay of a foreclosure proceeding on any mortgage or the execution of or sale under any deed of trust for any (i) homeowner who defaults on a note that is secured by a one-family to four-family residential property or (ii) owner who rents a one-family to four-family residential dwelling unit who defaults on a note that is secured by such property after the commencement of a closure of the United States government. The bill also removes from the definition of "closure of the United States government" the requirement that such closure be for a period of 14 consecutive days or longer. The bill contains an emergency clause.
State Board of Social Services; regulations; application for and use of foster care benefits. Directs the State Board of Social Services to amend its regulations by January 1, 2026, to (i) require local departments of social services to apply for federal benefits on behalf of children in foster care that they may be eligible for, (ii) prohibit the use of military survivor benefits to pay for the care and support of children in foster care that the Commonwealth is otherwise obligated to pay for, and (iii) require local departments of social services that are representative payees for children in foster care to conserve such military survivor benefits in an appropriate trust instrument or protected account that is exempt from federal asset and resource limits.
Local officers; oath of office. Provides that, notwithstanding the provisions of any local government charter, or any other provision of law, every elected county, city, town and district officer, on or before the day on which his term of office begins, shall qualify by taking the oath prescribed by general law. Current law allows a local government charter to prescribe a different procedure for taking the oath. This bill is identical to SB 997.
Arrest and prosecution when experiencing or reporting an overdose or act of sexual violence. Provides that no individual shall be subject to arrest or prosecution for the unlawful purchase, possession, or consumption of alcohol or marijuana, possession of a controlled substance, intoxication in public, or possession of controlled paraphernalia if the individual, in good faith, seeks or obtains assistance for himself or another individual from emergency medical services personnel, a health care provider, or a law-enforcement officer, as those terms are defined in relevant law, and seeks to report an act of sexual violence committed against himself or another individual, so long as (i) such individual identifies himself to the law-enforcement officer who responds to the report of the act of sexual violence and (ii) the evidence for the prosecution of such an offense was obtained as a result of the individual seeking or obtaining medical attention, rendering care or assistance, or reporting to law enforcement. However, such immunity shall not apply to an individual who is alleged to have committed the act of sexual violence or if the emergency medical attention was sought or obtained during the execution of a search warrant or during the conduct of a lawful search or a lawful arrest.The bill also provides that no individual immune to arrest or prosecution when experiencing or reporting an overdose or act of sexual violence shall have his bail, probation, furlough, supervised release, suspended sentence, or parole revoked for the behavior immune from arrest or prosecution under the provisions of applicable law.
Establishment of parent and child relationship; persons who have committed sexual assault. Provides that no parent and child relationship shall be established when a biological parent has been convicted of rape, carnal knowledge, or incest, or has been found by clear and convincing evidence to have engaged in such prohibited conduct, and the child was conceived of such violation or conduct. The bill further provides that a person with a legitimate interest in the child does not include a person whose interest derives from or through a person who has been convicted of or found to have engaged in such conduct by clear and convincing evidence. The bill provides that consent for adoption is not required of a birth father when such father has been found by clear and convincing evidence to have engaged in rape, carnal knowledge, or incest and the child was conceived of such conduct; under current law, such consent is not required when the birth father has been convicted of rape, carnal knowledge, or incest.
Department of Health; coverage for nursery services; certified nurse midwives; licensed certified midwives; pediatric nurse practitioners. Directs the Department of Health to amend its regulations on coverage for nursery services to (i) allow certified nurse midwives, licensed certified midwives, or pediatric nurse practitioners with pediatric privileges and a neonatal resuscitation certification from the American Academy of Pediatrics, including endotracheal intubation training, to be on the 24-hour on-call duty roster for nursery care if a physician is not available and (ii) permit physicians to provide consultation via telehealth when a certified nurse midwife, licensed certified midwife, or pediatric nurse practitioner is providing coverage for the 24-hour on-call duty roster and a physician is incapable of arriving on site within 30 minutes of notification.
Certified nurse midwives; licensed certified midwives; independent practice; organized medical staff. Permits licensed certified midwives who have completed 1,000 hours of practice under a practice agreement to practice without a practice agreement upon receipt of an attestation from the licensed physician or midwife with whom they entered into a practice agreement. The bill also permits certified nurse midwives and licensed certified midwives to enter into practice agreements with certified nurse midwives or licensed certified midwives who are authorized to practice independently. The bill directs the Department of Health to amend its regulations to clarify that an organized medical staff may include other practitioners, including independent practice midwives, in addition to physicians and dentists. This bill is identical to SB 1352.
Mineral Mine Safety Act; definition of "surface mineral mine"; mine inspectors; certificate renewal; use of cyanide or cyanide compound. Amends the definition of "surface mineral mine" in the Mineral Mine Safety Act to exclude excavation or grading when conducted solely in aid of onsite farming or construction and under certain conditions enumerated in the bill. The bill amends the definition of "mining" in existing law, relating to the exemption from permits for a mining operation, to extend the required completion time from six months to one year for excavation or grading conducted to construct or expand a farm pond for agricultural irrigation or provision of water for livestock. The bill also amends the qualification requirements for mineral mine inspectors, removes references to the defunct Board of Mineral Mining Examiners, and prohibits the issuance of any permit for a mineral mining or processing operation that includes the use of cyanide or a cyanide compound. This bill is identical to SB 969.
Water utilities and wastewater utilities; eligible infrastructure replacement and enhancement; cost recovery. Permits a water or wastewater utility to petition the State Corporation Commission for the approval of an eligible infrastructure replacement and enhancement plan, as defined in the bill. The bill requires that a water or wastewater utility that receives approval for an eligible infrastructure replacement and enhancement rider shall provide a proposed earnings test for informational purposes in each annual informational filing or base rate proceeding filed with the State Corporation Commission before December 1, 2030. The provisions of the bill expire on July 1, 2035. As introduced, this bill was a recommendation of the State Water Commission. This bill is identical to SB 850.
Real property tax exemption; surviving spouses of members of the armed forces who died in the line of duty; clarification for deaths resulting from suicide. Clarifies that the real property tax exemption currently available to the surviving spouse of any member of the armed forces of the United States who died in the line of duty with a Line of Duty determination from the U.S. Department of Defense includes the death of any such member that was the result of suicide.
Childbirth; postpartum process. Requires health care facilities providing services related to labor and childbirth to develop policies to (i) allow every birthing person to have a companion or doula with the person during birth in addition to a partner or spouse; (ii) at the discretion of the treating physician, allow every birthing person to have a companion or doula with the person during birth when a partner or spouse is not permitted to be present; (iii) prioritize newborns bonding with their families in order to facilitate the postpartum process; (iv) prohibit excluding from care any person giving birth or prohibit interrupting the process of birth without the informed consent of the birthing person; (v) detail the facility's process related to receiving a pregnant person's patient information from any provider who has provided care for the pregnant person; (vi) establish processes to transfer and receive pregnant persons across levels of care of licensed facilities within the facility's capacity and capability; and (vii) establish a process to receive individuals who are pregnant, giving birth, or in the postpartum process from locations other than licensed facilities.
Prohibited equipment related to manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute a controlled substance; penalties. Exempts permitted outsourcing facilities and pharmacies from the prohibition for any person to possess, purchase, sell, give, distribute, or possess with intent to sell, give, or distribute an encapsulating machine or a tableting machine that manufactures, compounds, converts, produces, processes, prepares, or otherwise introduces into the human body a controlled substance. Current law exempts permitted manufacturers.
