Mass. House passes landmark veterans legislation

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

On May 22, 2024, the Massachusetts House of Representatives unanimously passed 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)” mandates impacting hundreds of thousands of veterans living in Massachusetts. On May 28, the Massachusetts Senate referred the bill to its Committee on Ways and Means.

“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 that our veterans face every day such as benefits, medical assistance, and tax exemptions,” said Representative Jessica Giannino (D-Revere). “I am thankful to Speaker Mariano for his dedication to improving the lives of our veterans in the Commonwealth and to all our Commonwealth’s service members, both active duty and retired.”

“The HERO Act represents the partial redemption of a debt owed by the people of the Commonwealth to our veterans. I am extremely proud to have joined a unanimous House of Representatives in voting for this legislation. The breadth of earned benefits contained in this bill will go a long way in expressing our collective ‘thank you’ to our HERO’S,” said Representative Jeffrey Rosario Turco (D-Winthrop).

The bill 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 changes to veterans’ benefits in the following areas:

• Requires the Secretary of the Executive Office of Veterans Services (EOVS) to provide benefits for medical assistance, behavioral health and dental help beyond other benefits available to veterans.
• Updates the definition of “dependent” to make it gender neutral and include children over the age of 18 who meet the criteria for emancipation; 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; grants benefits to the dependent of a veteran who has resided in Massachusetts for one day prior to applying for benefits.
• 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.
• Increases annuity for blind, paraplegic or veterans with disabilities
• 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
• Requires the Veterans Equality Review Board 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.
• 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 an employee’s first day by employers in Massachusetts with more than 50 full-time employees.

The HERO Act includes the following tax initiatives changes:

• Veterans’ property tax abatement and exemptions: creates two local options
• Employer tax credit for hiring veterans increases
• 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:
• Requires the Governor to annually issue a proclamation on Memorial Day in recognition of the sacrifices of Gold Star families, and requires that certain landmarks and bridges be illuminated in gold on Memorial Day, including the Fore River Bridge, Zakim Bridge and Longfellow Bridge.
• 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 who went missing in action return home to Massachusetts, and annually on national POW/MIA Day.
• Requires notice to veterans entitled to purchase creditable service for active time in the Armed Services.
• Maintains authorization for the Registrar of Motor Vehicles 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.
• 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 with the federal Family Advocacy Program at military installations in Massachusetts related to sharing information regarding investigations.
• Requires EOVS, in coordination with the Executive Office of Health and Human Services, 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.
• 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.

• Allows certain veteran’s organizations to be approved by the Gaming Commission and their local licensing authority for up to five slot machines on their premises.