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BEACON | FROM PAGE 18 Sen. Brendan Crighton Yes REQUIRE REPORT ON THE EMERGENCY ASSISTANCE FAMILY SHELTER SYSTEM (S 2655) Senate 38-0, approved an amendment that would reinstate the requirement that the Healey Administration submit a biweekly report on the cost and occupancy of the emergency assistance family shelter system. The previous requirement of reports lapsed at the end of fiscal year 2025. Sen. Bruce Tarr (R-Gloucester), the sponsor of the amendment, said one of the things both parties have always held as a shared value in the Senate chamber is accountability. He noted that when we entered a difficult time in our shelter system, we required more information about the cost and occupancy of the shelter system. He said it helped us understand what was happening so we knew what we had to plan to do to respond to that crisis. He argued it is time to reinstate that system. (A “Yes” vote is for the amendment.) Sen. Brendan Crighton Yes ALSO UP ON BEACON HILL HANDICAPPED PARKING SPACE (H 3613) – The Transportation Committee held a hearing on legislation that would establish a special commission to study the feasibility of setting time limits for handicapped parking placard use in metered spots. The commission would include legislators, state officials and appointees of the governor, who would be tasked with gathering input from experts and the public. Its purpose is to explore potential benefits, impacts and options such as reduced or standardized fees after time limits expire. “I filed this legislation to promote fairness and improve accessibility in metered parking spots,” said sponsor Rep. Bruce Ayers (D-Quincy). “Establishing this commission to study the feasibility of time limits for handicapped placard use will help ensure that these spaces remain available throughout the day for as many people as possible who rely on them.” SMOKING IN NON-SMOKING APARTMENTS (S 1137) – A bill heard by the Judiciary Committee would create a legal assumption about whether there has been smoking in a non-smoking apartment. The assumption relies on the fact that there is no legitimate reason why a renter should take down, unplug or cover their smoke detectors. If a renter does this, they will be assumed to have been smoking. The landlord must prove the detectors were there when the renter moved in. A third party, like the fire department, must testify or provide a report that the detectors were not there after the incident. “This bill would provide property owners with the ability to address smoking complaints, which in turn, protects tenants, neighbors and public health,” said sponsor Sen. John Keenan (D-Quincy). “It closes a statutory loophole which causes tenants and property owners to struggle when faced with complaints against tenants for smoking in non-smoking buildings.” COMMITTEE ON CONSUMER PROTECTION AND PROFESSIONAL LICENSURE HOLDS HEARING ON SEVERAL BILLS INCLUDING: PROHIBIT HEALTH BOARDS FROM UNILATERALLY BANNING THE SALE OF LEGAL PRODUCTS (H 371) - Would prohibit municipal Boards of Health from banning the sale of any legal consumer product by authorized retailers without authorization of the local town meeting or city council. “This bill seeks to ensure that local boards and committees, be they elected or appointed, don’t overstep their authority to pursue idealistic, but potentially unconstitutional, bans on consumer products,” said sponsor Rep. Joe McKenna (R-Sutton). “It maintains the ability for a community to come together through its ordinary legislative process, whether city council or town meeting, to pass such a local bylaw should the constituency of the community want it. Government entities must respect individuals’ rights and liberties and ability to choose to live their life free of onerous government mandates or restrictions. FLAVORED HOOKAH TOBACCO PRODUCTS (S 270) – Would exempt flavored and menthol hookah tobacco from the 2019 law that prohibits the sale of any flavored or menthol tobacco products. “This bill will ensure that small businesses and consumers are responsible in the sale, purchase and consumption of certain flavored tobacco products,” said sponsor Sen. Patrick O’Connor (R-Weymouth). “This would place regulations on the sale of certain tobacco products that will ensure the safety of the business themselves, and their consumers, while allowing for an exemption from the flavored tobacco ban in Massachusetts. Overall, this bill is meant to protect our members of the public and ensure responsibility when participating in recreational tobacco.” DIGITAL GROCERY COUPONS (H 470) – Would mandate that all grocery food stores offering digital coupons also offer identical paper coupons to shoppers. It also requires digital coupons to be automatically applied to the purchases of any consumer over the age of 65, or any consumer who asks about available digital coupons. Violators would be fined $2,500 for the first offense and $5,000 fine for each subsequent offense. “This bill seeks to create fairness for senior citizens who might not have access to a so-called smart phone and thus currently do not have access to electronic coupons,” said sponsor Rep. Jeff Turco (D-Winthrop). BAN COSMETICS WHICH USE ANIMAL TESTING (S 263) – Would prohibit a manufacturer from selling any cosmetic product in the Bay State that the manufacturer knew, or reasonably should have known, that animal testing was used to produce the product. “The testing of cosmetic products on animals is shocking and inhumane, supporting abusive environments and tortured lives for rabbits, primates, dogs and other types of animals that can feel pain and experience emotions,” said co-sponsor Sen. Mike Moore (D-Millbury). “This legislation, which I am proud to co-sponsor, would disrupt the status quo and encourage companies to be better by disallowing the sale of products that were created at the expense of these innocent animals.” The chief sponsor of the bill, Sen. Mark Montigny (D-New Bedford), did not respond to repeated requests by Beacon Hill Roll Call asking him to comment on his bill and why he thinks it should be approved. HOW LONG WAS LAST WEEK’S SESSION? Beacon Hill Roll Call tracks the length of time that the House and Senate were in session each week. Many legislators say that legislative sessions are only one aspect of the Legislature’s job and that a lot of important work is done outside of the House and Senate chambers. They note that their jobs also involve committee work, research, constituent work and other matters that are important to their districts. Critics say that the Legislature does not meet regularly or long enough to debate and vote in public view on the thousands of pieces of legislation that have been filed. They note that the infrequency and brief length of sessions are misguided and lead to irresponsible late-night sessions and a mad rush to act on dozens of bills in the days immediately preceding the end of an annual session. During the week of October 20-24, the House met for a total of four hours and 41 minutes and the Senate met for a total of eight hours. Mon.Oct. 20 House11:00 a.m. to 11:12 a.m. Senate 11:38 a.m. to 12:14 p.m. Tues.Oct. 21 No House session. No Senate session. Wed.Oct. 22 House11:01 a.m. to3:16 p.m. No Senate session. Thurs. Oct. 23 House11:01 a.m. to 11:15a.m. Senate 11:07 a.m. to6:31p.m. Fri.Oct. 17 No House session. No Senate session. Bob Katzen welcomes feedback at bob@beaconhillrollcall.com Bob founded Beacon Hill Roll Call in 1975 and was inducted into the New England Newspaper and Press Association (NENPA) Hall of Fame in 2019. THE SAUGUS ADVOCATE – FriDAy, OCTObEr 31, 2025 WONG | FROM PAGE 2 ee. The law carries a penalty of imprisonment for not less than 90 days and not more than 2 1⁄2 years in a house of correction or a fine of between $500 and $5,000. He noted that House Bill 4645 expands the current law by adding the Page 19 crime of assault and battery by means of a bodily substance. The bill defines a bodily substance as “any human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, semen, urine or feces.” According to the Federal Transit Administration, assaults on public transit employees increased by 232% nationwide between 2014 and 2024. The Massachusetts Bay Transportation Authority reported over 600 assaults on its employees in 2024 alone, 33 of which included a weapon and 38 of which involved the use of a bodily fluid in the attack. Limited Powers Of Appointments I n the context of an irrevocable trust, a provision can be included to provide for much more flexibility insofar as ultimate distribution of trust assets is concerned. A limited or special power of appointment provision can be incorporated into the document to allow the Settlor (sometimes referred to as Donor or Grantor) of the trust to effectively change which beneficiaries will ultimately receive the principal of the trust and can also decide upon the timing of those distributions. It should be noted that MassHealth hearing officers, Superior Court judges and Appellate Court judges are of the opinion that reserving such a power in an irrevocable trust does not taint the trust and result in the assets being “countable” for MassHealth eligibility purposes. The Trustee of an irrevocable income only Trust may also have the power to “appoint” the trust principal to a class of individuals consisting of the Settlors children or other issue, such as grandchildren or great grandchildren. Appointing assets is equivalent to distributing assets. Therefore, the Trustee of such a Trust could appoint any portion of the trust principal to a descendant of the Settlor of the Trust. For MassHealth purposes, if at all possible, it would certainly make sense for the Trustee to not exercise such power of appointment until five years have elapsed since the assets were first transferred to the irrevocable trust. It should also be noted that once the assets of the trust are appointed to a son or daughter, for example, that son or daughter is legally free to do whatever he or she wants to do with those assets. A limited power of appointment provision in an irrevocable Trust can also be exercised via the Settlor’s Last Will and Testament by including the necessary provision in the Last Will and Testament itself and then submitting it to the probate court and having it allowed upon the Settlor’s death. If the Settlor of the irrevocable trust decides down the road that he or she would rather distribute assets of the Trust to some or all of the grandchildren, the limited power of appointment provision will allow for that flexibility. If the Settlor had a falling out with a son or daughter, the Settlor could effectively disinherit that son or daughter by appointing the trust principal to the Settlor’s other children via his or her Last Will and Testament. Such a provision provides a substantial amount of control over the ultimate distribution of the Settlor’s estate. The limited power of appointment is “limited” because the Settlor cannot appoint any of the trust principal to the Settlor’s estate, the Settlor’s creditors, or the creditors of the Settlor’s estate. Joseph D. Cataldo is an estate planning/elder law attorney, Certified Public Accountant, Certified Financial Planner, AICPA Personal Financial Specialist and holds a masters degree in taxation.

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