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S 464

Limits the admissibility of evidence of a defendant's creative or artistic expression against such defendant in a criminal proceeding

2025 Regular Session Introduced by Jamaal Bailey and 4 co-sponsors

Requires home care agencies contracting with the state to sign labor peace agreements with labor organizations representing workers, with attestations and disclosures.

ORDERED TO THIRD READING CAL.24
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WeVote Research Nonpartisan
Bill Summary · S 464

Summary — S.464 (Senate No. 464): "An Act to strengthen the state home care program workforce"

Note on discrepancy: The header provided with the request lists a different title (limits admissibility of creative/artistic expression). The bill text and official Senate docket (Senate No. 464) establish an act to strengthen the Massachusetts State Home Care Program workforce by requiring certain home care employers to enter into labor peace agreements. This summary is based on the provided bill text (inserting Section 4E into Chapter 19A).

Purpose

To stabilize and strengthen the state Home Care Program workforce by requiring home care agencies that contract or subcontract to provide state-funded home care services to enter into labor peace agreements with labor organizations seeking to represent their workers, and to require related attestations and certifications as part of contracting.

Key provisions

  • Adds Section 4E to Chapter 19A (Department of Elder Affairs / State Home Care Program).
  • Definitions: clarifies terms including “covered employee” (home care worker), “covered employer” (home care agency), “home care program,” “home care worker,” “home care agency,” “labor organization,” and “labor peace agreement.”
  • Labor peace requirement:
    • The Department of Elder Affairs must require each covered employer contracting with the state or subcontracting with an Aging Services Access Point (ASAP) or successor care manager to enter into a labor peace agreement as a condition of contracting.
    • The Department must review and approve such agreements and incorporate them into contract/subcontract specifications.
  • Contract award/renewal attestations:
    • Upon award/renewal, a covered employer must either submit an attestation that it has entered into labor peace agreement(s) (identifying classes of employees covered, not represented, and those under negotiation) or attest that its covered employees are not represented and no labor organization has sought representation.
  • New representation after award:
    • If a labor organization notifies the department and employer of interest after award, the employer must enter into a labor peace agreement or attest that negotiations have commenced; the employer must submit such attestation within 90 days.
  • Pre-award certification:
    • Before award/renewal, employers must certify (under penalty of perjury) CEO contact info, agreement to comply with the section and applicable laws, and disclose any findings in the prior five years of violations related to labor relations, wage payment, earned time off, or scheduling. Such certifications and contracts are public records.
  • Rulemaking and enforcement: the Department will promulgate rules/regulations to implement the section (text refers to department authority to require additional terms consistent with rules).

Who is affected

  • Covered employers: home care agencies contracting/subcontracting to provide services under the state Home Care Program.
  • Covered employees: home care workers (personal care, homemaker, companion, chore services).
  • Labor organizations seeking to represent home care workers.
  • Department of Elder Affairs (administrative/review responsibilities).
  • Aging Services Access Points (ASAPs) and successor care management entities.

Potential impacts

  • May facilitate labor organization access/representation and reduce employer actions that could interrupt home care service delivery (by requiring agreement to refrain from actions interrupting services).
  • Administrative and contractual compliance burdens for home care agencies (attestations, certifications, public disclosure).
  • Potentially increases bargaining stability and workforce protections; could affect costs, contract negotiations, and employer practices (impacts depend on how labor peace agreements are negotiated and implemented).
  • Department rulemaking will shape specifics and enforcement.

Procedural status and timeline (selected)

  • Introduced: 1/14/2025 (Senate Docket No. 556 / Senate No. 464)
  • Sponsored/petitioned by: Senator Julian Cyr (principal filer); multiple petitioners listed in docket.
  • Legislative actions (highlights): Passed Senate 03/03/2025; delivered to House/Assembly 03/03/2025; referred to Codes; ordered to third reading (CAL.24). Hearing scheduled 05/12/2025 per docket. (Metadata supplied includes additional committee referrals and scheduling; some sponsor metadata in the request appears inconsistent with the docket.)

If you want, I can:
- Extract and summarize the full statutory text of Section 4E (if you provide the remainder of the truncated text), or
- Produce a short briefing memo analyzing likely budgetary/administrative implications for providers and the Department.

Compiled from official sources — confirm details with the bill’s official record.

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