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Page 16 THE MALDEN ADVOCATE–Friday, November 14, 2025 BHRC | FROM PAGE 15 helping older adults and people with disabilities live safely and independently in their own homes, resulting in better health outcomes and an improved quality of life,” said Crimmins. “The passage of [this legislation] will fill longstanding gaps in the commonwealth’s current system, bring Massachusetts in line with the majority of other states and strengthen our long-term services and supports network. “ Rep. John Gaskey (R-Carver), the only representative to vote against the bill, did not respond to repeated requests from Beacon Hill Roll Call asking him why he opposed the measure. (A “Yes” vote is for the bill. A “No” vote is against it.) Rep. Paul Donato Yes Rep. Steven Ultrino Yes MORE SUPPORT FOR MILITARY FAMILIES (S 2709) Senate 39-0, approved and sent to the House a bill that supporters say would provide enhanced safety, stability and educational opportunities for military families, and position the Bay State for greater federal defense investment and economic growth around its six military bases. The bill would guarantee that a child of a military family would retain a seat in the classroom at their current school in Massachusetts, even if their parent or guardian is temporarily transferred elsewhere on official orders. If a military family moves permanently and arrives in a Massachusetts community, the bill also requires a timely and seamless transition for students who receive special education services. Other provisions allow certain information from the military to be admissible as evidence in state courts for people seeking temporary domestic violence restraining orders; allow for federal judges to transfer juvenile cases to Massachusetts courts for offenses that occur on military bases; and direct National Guard leadership to track and report suicide data among veterans of the Massachusetts National Guard. Sen.John Velis (D-Westfield), Senate Chair of the Committee on Veterans and Federal Affairs, said the bill bolsters the way that Massachusetts cares for its military families and in turn helps improve our Department of Defense scorecard to maintain critical federal military investments in our state. “As we approach Veterans Day, I am incredibly proud to be a part of a legislative body that prioritizes not only our veterans and servicemembers but also our military families as well,” said Velis. “At the end of the day, my focus as Chairman of the Committee on Veterans and Federal Affairs continues to be on ensuring that our commonwealth is not only the very best state for a veteran to call home, but also a welcoming and supportive home for our active-duty service members and their families.” “I’m proud that Massachusetts continues to seek out ways to support our active military members and veterans and their families,” said Senate President Karen Spilka (D-Ashland). “In advance of Veterans Day, it was important that the Senate reinforce our commitment to meeting veterans, active military members and their families where they are and provide support to those who have served and are serving our nation.” “Military families very often face difficult situations when parents are called to duty, never knowing when or where their service to our country will take them,” said Sen. Mike Rodrigues (D-Westport), Chair of the Senate Committee on Ways and Means. “This bill will help create a more stable environment for military serving families by ensuring continuous education and a smooth transition for special education services when changing school districts.” “I have seen firsthand the power of legislation that seeks to improve the lives of our military and military-connected families,” said Jeffrey Chin, Executive Director of Blue Star Families of New England.“[The bill] will provide our military families a vital component that has all too often been missing in their ability to properly provide educational resources for their children. These families are often required to move to various duty stations as part of their duty and lifestyle, and this legislation will allow our military families to access the same choices that non-military families have available to them with regard to schools and access to appropriate educational resources for their children.” (A “Yes” vote is for the bill.) Sen. Jason Lewis Yes DUTIES OF THE ADJUTANT GENERAL (S 2675) Senate 38-0, approved and sent to the House a bill that supporters say would clarify the duties of the state’s Adjutant General. The measure provides that the Adjutant General, Massachusetts’ highest-ranking military office, has command of all troops in the state National Guard while carrying out the orders of the governor. The bill also brings state laws about the National Guard chain of command into line with the model used by the vast majority of other states. “The legislation currently before us … seeks to make a technical change to streamline our National Guard's chain of command structure and bring Massachusetts in line with the vast majority of our sister states,” said Sen. John Velis (D-Westfield). “As currently written, [Massachusetts law] states that the Adjutant General shall not personally excercise command of troops.” Velis continued, “This legislation clariSOLE BENEFIT TRUSTS the disabled child, grandchild or other disabled individual. Also, upon your death afhese types of Trusts are typically utilized when a family member is going into a nursing home and there has been no advanced planning. An example would be if you owned your own home and had not placed it into an irrevocable Trust. Furthermore, you need to be admitted into a nursing home and have a disabled child, disabled grandchild or some other disabled individual that you would like to leave the house to. If you transferred your home T to this type of trust, you would still be able to qualify for MassHealth benefits. The transfer would not be subject to the five year look-back period due to this Trust solely benefitting ter MassHealth having paid for most of your nursing home level care, there would be no payback requirement to MassHealth from the assets in the Trust. The assets would be protected for the disabled beneficiary. The assets in this Trust must only benefit the disabled beneficiary and no one else. The Trust will not interfere with any governmental benefits the disabled individual may already be receiving. However, the terms of the Trust must provide for repayment of those benefits upon the death of the disabled beneficiary. If such a provision does not exist in the Trust, the Settlor of the Trust (for example, the parent) will not qualify for MassHealth benefits. If there are assets remaining in the Trust upon the death of the disabled child and upon repayment of all of the governmental benefits, distributions of those remaining assets can be made to family members. Transfers made to such a Trust would be considered a completed gift. There is no gift tax in Massachusetts and the federal exemption will be $15million per individual as of January 1, 2026. Therefore, even though technically a gift tax return would be required to be filed, no gift tax would have to be paid. If there are income producing assets in this type of Trust, the Trust would have to file for a new federal identification number and would have to file a Trust income tax return using Form 1041. If the Trustee were to make distributions of income to the disabled beneficiary, the Trustee would claim a distribution deduction on the tax return by issuing a Schedule K-1 form to the disabled beneficiary. The disabled beneficiary would then report the taxable income on his or her individual income tax return. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a master’s degree in taxation. fies that the Adjutant General, in carrying out the policies and orders of the governor, has command of all Massachusetts National Guard troops -- ensuring that the leadership of the Guard is unified and capable of implementing directives with precision. Currently, the Adjutant General lacks the clear statutory authority to personally command our troops during state missions. This gap can cause confusion in command structure and limits the Adjutant General from enforcing the Massachusetts code of military justice.” “It [is] important to make a technical clarification to the command structure of the Massachusetts National Guard that brings us in line with most other states,” said Senate President Karen Spilka (D-Ashland). (A “Yes” vote is for the bill.) Sen. Jason Lewis Yes GUARD MEMBERS MUST FOLLOW ONLY LAWFUL ORDERS (S 2675) Senate 38-0, approved an amendment that would require that Massachusetts National Guard service members undergo training on their obligation to follow only lawful orders and that they receive guidance on how to respond to orders that violate Americans’ constitutional or statutory rights. “National Guard troops across the country are being asked to violate the sovereignty of other states and the constitutional rights of ordinary Americans by a president who wants to use them like pawns in his game of intimidation,” said amendment sponsor Sen. Mike Moore (D-Millbury). “This amendment is simple. By creating a comprehensive training curriculum for servicemembers, Massachusetts is empowering our National Guard with the knowledge they need to determine, in the event that they are federalized, whether the orders they receive are lawful. The rights guaranteed by the United States Constitution are non-negotiable – the commonwealth of Massachusetts will not let our Guard be illegally used against its own people.” (A “Yes” vote is for the amendment.) Sen. Jason Lewis Yes ALSO UP ON BEACON HILL GRADUATE STUDENTS AND FAMILY LEAVE AND UNEMPLOYMENT (S 747) - The Financial Services Committee held a hearing on a measure that would strike the exclusion of graduate student workers from the definition of “employee” in order to allow for graduate student workers to have access to paid family and medical leave and unemployment insurance. "Graduate students are workers, plain and simple, oftentimes with families, mortgage and the same health, economic and life challenges that most working people face,” said sponsor Sen. Paul Feeney (D-Foxborough). “They put in long hours and perform critical work. Despite the fact that they are working for educational institutions with abundant endowments, many don’t have the same paid family and medical leave and unemployment insurance benefits that are afforded other hard-working people in the commonwealth. This bill would rightfully close that loophole and allow them the same rights as everyone else.” LIFE INSURANCE (S 760) – Another bill heard by the Financial Services Committee would allow the holder of a life insurance policy to update their beneficiaries using an online tool if one is provided by the life insurance company, as long as the company takes reasonable steps to verify that the identity of the requester matches the holder of the policy. This bill would abolish a current law that requires all beneficiary changes to be made in person, with a “wet” signature and witness present. "Technology has significantly developed since life insurance beneficiary practices were set in the commonwealth,” said sponsor Sen. Barry Finegold (D-Andover). “Many life insurance companies are now able to accept requests to change designated beneficiaries under life or endowment insurance policies, and this bill brings our legislation up to speed with the industry. While we move toward more technologically advanced processes, we can maintain safety and identity verification in similarly advanced ways. This bill will help make this process more convenient and time-efficient for all parties.” DECEASED ANIMALS ON STATE HIGHWAYS (H 3678) – The Transportation Committee held a hearing on a proposal that would require any State Department of Transportation highway employees who find deceased dogs or cats with identification, to either attempt to directly contact the owner or to notify local animal control officers or the police department. "When a pet is hit on a highway and has a collar or microchip, the family should be notified," said sponsor Rep. Richard Haggerty (D-Woburn). "Right now, there's no requirement for that to happen, leaving families wondering what happened to their beloved pets. This bill would give them answers and closure." BILL RUSSELL AND BOB COUSY HIGHWAY (H 3727) –Legislation that would name the portion of the Massachusetts Turnpike between Boston and Worcester, “The Bill Russell and Bob Cousy Highway,” was also before the Transportation Committee. “I believe we should pay homage to celebrated Boston Celtics teammates and NBA champions, Bob Cousy and the late Bill Russell, who were not only exceptional athletes who brought many championships home to Boston, but who were also two great pillars of our community here in the commonwealth,” said sponsor Rep. David Linsky (D-Natick). Linsky continued, “Bill Russell, as the first Black coach in the NBA, was a frequent target of racially motivated harassment and abuse. Even as he received death threats and hate crimes from his own fan BHRC| SEE PAGE 17

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