Bill
S 1105
Expands definition of employee in MA Gen. Laws ch. 265, section 13D, to include private railroad workers delivering a public service, extending protections and penalties to them.
Status
- Bill filed: January 16, 2025 (Senate Docket No. 1463 / Senate Bill No. 1105)
- Sponsor / Petitioner: Senator Dylan A. Fernandes (Plymouth and Barnstable)
- Referred to: Judiciary Committee
- Hearing scheduled: May 6, 2025, 1:00 PM–4:00 PM in Room A-2
- Related: Similar matter filed in prior session (Senate No. 911 of 2023–2024)
Purpose and intent
- The bill seeks to expand the statutory definition of the term “employee” in Massachusetts General Laws, chapter 265, section 13D to expressly include employees of private railroads that deliver a public service. The intent is to bring such railroad employees within the scope of whatever protections, duties, or penalties attach to the term “employee” under section 13D.
Key provision (text of amendment)
- Amends Section 13D of chapter 265 by inserting after the word “employee” the phrase: “to include employees of private railroads delivering a public service.”
What this changes
- The amendment does not create a new offense or new regulatory duty on its face; rather, it modifies who is covered by the existing provisions of section 13D by treating qualifying private railroad workers as “employees” for purposes of that section.
- Any rights, protections, or criminal penalties that are presently triggered by conduct toward or by an “employee” under §13D would, after enactment, also apply where the person involved is an employee of a private railroad providing a public service.
Who would be affected
- Directly affected: employees of private railroads that deliver public service (e.g., commuter or freight railroad personnel whose operations are considered to provide public service) — they would fall within the statutory definition used in §13D.
- Indirectly affected: private railroad employers, passengers and members of the public interacting with railroad employees, prosecutors, and labor or public-safety stakeholders who rely on the statutory definitions for enforcement or policy purposes.
Potential impacts and considerations
- Legal/enforcement: Prosecutors and courts would apply the existing provisions of §13D to covered railroad employees; this could make certain acts against those employees prosecutable under the same standards that apply to other employees defined in the statute.
- Employer/operational: Private railroads and their insurers may see changes in exposure or obligations depending on the substantive content of §13D (e.g., enhanced penalties for assaulting or obstructing employees, or other protections).
- Implementation: The amendment is narrowly targeted and procedurally simple; the principal effect depends on the current substantive content of §13D. For precise operational consequences, consult the full text of chapter 265, §13D to see what rights, duties, or penalties are tied to the term “employee.”
Next steps
- The bill is before the Judiciary Committee and will be discussed at the scheduled May 6, 2025 hearing. Interested parties (railroad companies, employee representatives, public-safety stakeholders) may testify at the hearing. Review of §13D’s current text is recommended to assess the concrete legal effects of the definitional change.
Compiled from official sources — confirm details with the bill’s official record.
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