SENATE, No. 423

SECTION 1. Chapter 15A of the General Laws, as most recently appearing in the 2004 official edition, is hereby amended by inserting after Section 3A, the following new section 3B:

Statewide policy to encourage the education and training of health professions with respect to the screening, identification and referral of elderly victims of domestic violence and sexual assault; goals and implementation.

Section 3B.  Policy, Goals, and Implementation

It is hereby determined that domestic violence and sexual assault against senior citizens are a public health crisis, and that it is the responsibility of Massachusetts health care professionals and health care institutions to provide services for elderly victims of domestic violence and sexual assault.  However, senior service workers and health care professionals do not always receive adequate education and training while receiving their practice certification or degree in the dynamics and health impacts of domestic violence and sexual assault, the identification of such victims, and in the delivery of care for such victims.  The state will investigate the allocation of appropriate resources to support the education and resources necessary to meet this need. The General Court, therefore, declares it to be the policy of the commonwealth to promote, encourage, and support new and on-going education and training of students in health professions for the purpose of screening, identification, treatment and referral of elderly victims of domestic violence and sexual assault.

(a)     Definitions: For the purpose of this section,

(1)  “health professions entity” shall be considered any entity that is a school of medicine, a school of osteopathic medicine, and undergraduate or graduate program in psychology, an undergraduate or graduate program in psychiatry, an undergraduate or graduate program in social work, a school of chiropractic care, a graduate school of public health, a school or program of nursing, a program for the training of physician assistants, a program for emergency medical services, a program for the training of allied health professions as authorized by the board of higher education of the commonwealth, and training programs for those who serve the aging in home care or social services.

 (2) The term "domestic violence" includes, but is not limited to, behavior commonly referred to as domestic violence as defined in section 1 of chapter 209A, sexual assault, spousal abuse, woman battering, partner abuse, elder abuse as defined in section 14 of chapter 19A, and acquaintance rape as defined in chapter 277.  The term “sexual assault” includes, but is not limited to, behavior commonly referred to as sexual assault, rape as defined in MGL Sections, 22, 22A & 23, of Chapter 265, intimate partner sexual assault, and sexual abuse.

 (3) The term “elderly person” refers to an individual who is sixty years of age or over.

(b)    Notwithstanding any law, rule, or regulation to the contrary, in the case of a health professions entity specified in this section, the commonwealth or political subdivision thereof shall, in making awards of grants or contracts in response to applications for funding under its jurisdiction, all things being equal, give preference, above and beyond the core requirements for said application, to any such entity, if otherwise a qualified applicant for the award involved, that has, in effect, education and training in carrying out the following functions as a provider of health care in delivering services to elderly victims of domestic violence and sexual assault: (i) screening patients for domestic violence and sexual assault, (ii) identifying victims, (iii) maintaining appropriate documentation, (iv) providing victim-centered response, care and appropriate treatment of injuries, within the scope of the health professional’s discipline, training and practice and, (v)  providing resources and referrals to public and non-profit entities that provide services for such victims.

Implementation procedures of this policy will be developed in consultation with relevant educational, clinical practice, public health, and advocacy groups including but not limited to the following entities: the Joint Legislative Committee on Public Health, the Joint Legislative Committee on Elder Affairs, the Statewide Healthcare, Awareness, Response, Resources and Education on Domestic Violence Project of Jane Doe Inc., The Massachusetts Coalition Against Sexual Assault and Domestic Violence, the Massachusetts Department of Public Health, the Domestic Violence Advisory Council of the Conference of the Boston Teaching Hospitals, the Governor’s Commission on Domestic Violence Healthcare Working Group, the Massachusetts Chapter of the American Association of Retired Persons, Massachusetts Senior Action, the Massachusetts Association of Councils on Aging, and the Massachusetts Medical Society.

Increasing Penalties for Crimes Against the Elderly.

SECTION 2.  Subsection (a) of section 15A of chapter 265 of the General Laws, as appearing in the 2002 Official Edition is hereby amended by striking out the word “ten”, in line 3, and inserting in place thereof the following figure:- 15; by striking out the word “one”, in line 4, and inserting in place thereof the following word:- two; by striking out the words “two and one-half”, in line 5, and inserting in place thereof the following word:- five; and by striking out the word "two", in line 9, and inserting in place thereof the following word:- five.

SECTION 3.  Subsection (a) of section 15B of said chapter 265 is hereby amended by striking out the word "five", in line 3, and inserting in place thereof the following word:- ten; by striking out the word "one", in line 4, and inserting in place thereof the following word:- two; by striking out the words "two and one-half", in line 5, and inserting in place thereof the following word:- five; and by striking out the words "one year", in lines 9-10, and inserting in place thereof the following words:- “five years.”  

SECTION 4.  Subsection (a) of section 18 of said chapter 265 is hereby amended by striking out the word "twenty", in line 3, and inserting in place thereof the following figure:- 25; and by striking out the word "two", in line 10, and inserting in place thereof the following word:- five.

SECTION 5.  Subsection (a) of section 19 of said chapter 265 is hereby amended by striking out the words "not less than two years", in lines 8-9, and inserting in place thereof the following word:- life; by striking out the word "two", the second time it appears in line 9, and inserting in place thereof the following word:- ten; and by striking out the word "two", in line 12, and inserting in place thereof the following word:- ten.

No Parole, Denial of Bail for Sexual Offenses Committed Against the Elderly

SECTION 6.  Section 133A of chapter 127 of the general laws, as appearing in the 2004 Official Edition, is hereby amended, by inserting after the words “for murder in the first degree,” the words, “except for any individual who is (1) convicted of a criminal sexual offense against a victim who is elderly, which shall include any such offense under State law for conduct that would constitute an offense under chapter 109A of title 18 had the conduct occurred in the special maritime and territorial jurisdiction of the United States or in a Federal prison; or (2) a sexually violent predator, as such term is defined in section 178C of chapter 6 of the general laws or section 14071(a)(3) of title 18, United States Code.

SECTION 7.  Section 178C of chapter 6 of the general laws, as appearing in the 2004 Official Edition, is hereby amended, by inserting in the definition of “sexually violent offense,” after the words “chapter 277,” the following: elder abuse as defined in section 14 of chapter 19A.

SECTION 8.  Denial of Bail for Elder Abuse.  Section 58A of chapter 276 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end of the first paragraph, the following: - “or is arrested and charged with violation of section 14 of chapter 19A.”

SECTION 9.  Amendment to the Sentencing Guidelines.  Notwithstanding any other general or special law to the contrary:

(a) Pursuant to its authority under Chapter 211E, and in accordance with this section, the Massachusetts Sentencing Commission is authorized and directed to—

(1) promptly review the sentencing guidelines applicable to sexual offenses committed against the elderly;

(2) expeditiously consider the promulgation of new sentencing guidelines or amendments to existing sentencing guidelines to provide an enhancement for such offenses; and

(3) submit to the General Court an explanation of actions taken by the Sentencing Commission pursuant to paragraph (2) and any additional policy recommendations the Sentencing Commission may have for combating offenses described in paragraph (1).

(b) In carrying out this section, the Massachusetts Sentencing Commission is authorized and directed to—

(1) ensure that the sentencing guidelines and policy statements reflect the serious nature of such offenses and the need for aggressive and appropriate law enforcement action to prevent such offenses;

(2) assure reasonable consistency with other relevant directives and with other guidelines;

(3) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements;

(4) make any necessary conforming changes to the sentencing guidelines; and

(5) assure that the guidelines adequately meet the purposes of sentencing as set forth in the General Laws.

(c) Emergency Authority and Deadline for Commission Action- The Massachusetts Sentencing Commission is requested to promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than the 180 days after the date of enactment of this Act, in accordance with the procedures sent forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.

SECTION 10. Notwithstanding the provisions of Chapter 85, Section 2 or any other general or special law or regulation to the contrary, the a city, by vote of the city council with the approval of the mayor or city manager, or a town, by vote of the town meeting, is herby authorized to establish by ordinance or by-law Senior Citizen Safety Zones, which may be an area adjacent to a facility which may be publicly or privately owned and used as senior citizen housing, a hospital, nursing home or assisted living facility, a community center of which senior activities are conducted on a regular basis or a congregate elderly facility.

In any Senior Citizen Safety Zone, the municipal government may by ordinance or by-law under the direction of the chief of police, in consultation with the Massachusetts Highway Department, take such action as may be necessary to reduce vehicular speed by reducing speed limits, install signalization and or appropriate signage and the re-striping or roadways.  The chief of police shall adopt and amend rules and regulations to carry out the provisions of this section.

SECTION 11. Local and Regional Service Delivery Centers.

Chapter 19A of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after section 4C, the following new section: --

     4D. Centers for Serving the Needs of Elder Residents.

     A city or town, or two or more contiguous cities and towns may establish one or more centers to serve the needs of residents age sixty and over.  Such center, or centers, shall serve as a place where adults age sixty and over come together for services and activities that reflect their experience and skills, respond to their diverse needs and interests, enhance their dignity, support their independence, and encourage their involvement in and with the center and the community.  A center offers helpful resources to older adults, serve the entire community with information on aging; support for family caregivers, training professionals, lay leaders and students; and promote development of innovative approaches to addressing aging issues.

     Centers shall provide services including, but not limited to nutrition, recreation, social and educational services, and comprehensive information and referral, fitness activities and Internet training to meet the needs and interests of older adults. Among the optional services provided at a center, or through home-based service delivery, are:

·                     Health and wellness programs.

·                     Arts and humanities.

·                     Intergenerational programs.

·                     Employment assistance.

·                     Community action opportunities and social networking opportunities.

·                     Transportation services.

·                     Volunteer opportunities.

·                     Educational opportunities.

·                     Information and referral.

·                     Financial assistance.

·                     Meal and nutrition programs.

·                     Leisure travel.

     The department of elder affairs, shall, subject to appropriation, provide technical and financial resources for local or regional centers for serving the needs of residents age sixty and over, and shall develop and implement a system of quality measurement and evaluation to ensure that the needs of all older residents are addressed.

     The evaluation of centers by the department shall focus the success of a center through:

(a)    Utilizing a written statement of its mission consistent with the center philosophy. It shall also have a written statement of its goals and objectives based on its mission and on the needs and interests of older adults in its community or service area. A center shall have written action plans that describe how its program will achieve goals and objectives. These statements shall be used to guide the character and direction of the center's operation and program.

(b)   Participating in cooperative community planning, established service delivery arrangements with other community agencies and organizations, and serves as a focal point in the community. A center shall be a source of public information, community education, advocacy, and opportunities for older adults.  As community focal points, centers act as a resource for the entire community. In addition to providing services and activities for older adults that reflect the community's diversity, they link participants with resources offered by other agencies.  Through community linkages, the center plays a leadership role in developing innovative approaches to address aging issues in the community. By establishing relationships with other service providers, the center helps make the service system more responsive to older adults. 

Creating an organizational structure that creates effective relationships among participants, staff, governing structure, and the community in order to achieve its mission and goals.  The organizational structure of a center is vital to its success. Effective relationships among the various levels of the organization allow the center to carry out its mission, goals, and objectives. Communication between sponsoring agencies, administration, volunteers, and center members assures that all are in agreement with regard to direction and plans. Participant involvement is basic and allows the integrity that ensures a course of action that is responsive to the most important element--those who are served.  Governing documents should reflect clarity of vision in simple, easy-to-understand language and must be reviewed regularly. Using these documents, the local council on aging, or other advisory board, can perform a variety of roles from advice to feedback. Management needs to be receptive to counsel and open for advice. Standards and policies facilitate uniformity and fairness--important elements when dealing with a variety of personalities.

Implementing clear administrative and human resources policies and procedures that contribute to the effective management of its operation. It shall be staffed by qualified personnel--paid and volunteer--capable of implementing its program. Fair human resources policies and practices shall be established to enhance staff morale and promote positive cooperative effort. Clear job descriptions should allow staff and volunteers to understand job expectations and boundaries. Training and educational opportunities allow staff and volunteers to experience personal growth, and to develop professional skills needed to carry out the goals, objectives, and philosophy of the center.

Offering a broad range of group and individual activities and services that respond to the needs and interests of older adults, families, and caregivers in its community or service area.  Program planning should evolve from the center’s mission. Programs should serve as the strategies that carry out the center’s goals and objectives. Services should span several generations, serving a wide range of physical, cognitive, cultural, and geographical aspects. Program implementation should involve not only planning programs at the center but in a variety of settings to reach different audiences. Activities and services shall promote personal growth and respond to individual differences. Outreach and marketing should be integral parts of programming.

Evaluating and reporting on its operation and program.  Through a self-assessment process, a center should consider its ways of working. One of the steps in the assessment process is evaluation. The evaluation may be used to measure accomplishments or to uncover program or operational problems. It is part of a planning cycle. It may be an overall assessment of the center's operation or an examination of one aspect of its program. An evaluation could measure participants' satisfaction with a service or activity. Evaluations can be quantitative (number of people served, service units provided) or qualitative (the impact of the program on the people it serves). Evaluations should have outcome measures—demonstrating quantitative and qualitative differences made by a program.  The center's administrator and its governing structure are responsible for ensuring evaluations are done on a regular basis, that appropriate individuals are involved, and that a report is prepared with information from the evaluation. A committee should be established to perform periodic formal or informal evaluations. Occasionally, an outside evaluation consultant may also be used.

Practicing sound fiscal planning and management, financial record keeping, and reporting.  Financial operations should conform to all applicable legal and administrative requirements.  Centers must meet community expectations that its funds are properly and efficiently used.

Maintaining complete records required to operate, plan, and review its program. It shall regularly prepare and circulate reports to inform its governing structure, its participants, staff, funders, public officials, and the general public about all aspects of its operation and program.  Accurate record keeping and reports are essential for the management of a center. Participant, program, and administrative records are instruments used to identify who uses the center, the scope of activities and services offered by the center, and to help in the management of the center's operation.  All records are to be reviewed regularly by designated staff for evaluation and continued appropriateness. Because of the content of these records and reports, it is imperative that they are kept confidential. Confidential procedures must include a system for secure storage, limiting access to others, protection of clients, and a release of information system.

Making use of facilities that promote effective program operation and that provide for the health, safety, and comfort of participants, staff, and community. 

SECTION 12.  Assistance for Elderly Care Givers

Section 3, Part B, paragraph (b)(1) of Chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following new subparagraph:-

(D) an additional exemption of four thousand dollars if the taxpayer provided more than one-half of the support for an elderly relative or other elderly person who has attained the age of seventy before the taxable year, provided that the elderly relative or other elderly person resided with the taxpayer for more than six months of the taxable year and provided further that the adjusted gross income of the taxpayer does not exceed one hundred thousand dollars for the year in which the exemption is being claimed.

SECTION 13. Section 3, Part B, paragraph (b)(2) of Chapter 62 of the General Laws is amended by adding the following new subparagraph:-

(D) an additional exemption of four thousand dollars if the taxpayer provided more than one-half of the support for the elderly relative or other elderly person who has attained the age of seventy before the taxable year, provided that the elderly relative or other elderly person resided with the taxpayer for more than six months of the taxable year and provided further that the adjusted gross income of the taxpayer does not exceed one hundred thousand dollars of the taxable year in which the exemption is being claimed.

SECTION 14.  Section 5 of chapter 59 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out clause Forty-first A and inserting in place thereof the following clause:—
            Forty-first A, Real property, to an amount determined as hereinafter provided, of a person 65 years of age or over, and occupied by him as his domicile, of a person who owns the same jointly with his spouse, either of whom is 65 years of age or over, and occupied as their domicile, or of a person who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile; provided, that such person has been domiciled in the commonwealth for the preceding 10 years and (1) has so owned and occupied as his domicile such real property or other real property in the commonwealth for 5 years; or (2) is a surviving spouse who inherits such real property and has occupied such real property or other real property in the commonwealth as his or her domicile for 5 years and who otherwise qualifies under this clause; and provided further, that such person, and such person and his spouse, if married, had, during the preceding year, gross receipts from all sources not in excess of $20,000. Any city or town may also, by vote of its legislative body subject to its charter, adopt a higher maximum qualifying gross receipts amount for the purposes of this section; provided, however, that such maximum qualifying gross receipts amount shall not exceed the dollar amount calculated to be the income limits on a taxpayer’s total income for a single individual who is not the head of a household for the purposes of paragraph (3) of subsection (k) of section 6 of chapter 62 for the most recently completed state tax year, as determined by the commissioner.

In determining the total period ownership of an applicant for exemption under this clause, the time during which the same property was owned by a husband or wife individually shall be added to the period during which such property was owned by the husband and wife jointly. In computing the gross receipts of such an applicant or of such an applicant and his spouse, if married, ordinary business expenses and losses may be deducted but not personal and family expenses.

Any such person may, on or before December 15 of each year to which the tax relates or within 3 months after the date on which the bill or notice is first sent, whichever is later, apply to the board of assessors for an exemption of all or part of such real property from taxation during such year; provided, however, that in the case of real estate owned by a person jointly or as a tenant in common with a person not his spouse, the exemption shall not exceed that proportion of total valuation which the amount of his interest in such property bears to the whole tax due. The board of assessors shall grant such exemption provided that the owner or owners of such real property have entered into a tax deferral and recovery agreement with the board of assessors on behalf of the city or town. The agreement shall provide:

(1) that no sale or transfer of such real property may be consummated unless the taxes which would otherwise have been assessed on such portion of the real property as is so exempt have been paid, with interest at a uniform rate of 8 per cent per annum or such lesser rate as may be determined by the legislative body of the city or town, subject to its charter, no later than the beginning of the fiscal year to which the tax relates;

(2) that the total amount of such taxes due, plus interest, for the current and prior years does not exceed 50 per cent of the owner’s proportional share of the full and fair cash value of such real property;
(3) that upon the demise of the owner of such real property, the heirs-at-law, assignees or devisees shall have first priority to the real property by paying in full the total taxes which would otherwise have been due, plus interest; provided, however, if such heir-at-law, assignee or devisee is a surviving spouse who enters into a tax deferral and recovery agreement under this clause, payment of the taxes and interest due shall not be required during the life of such surviving spouse. Any additional taxes deferred, plus interest, on the real property under a tax deferral and recovery agreement signed by a surviving spouse shall be added to the taxes and interest which would otherwise have been due, and the payment of which has been postponed during the life of such surviving spouse, in determining the 50 per cent requirement of subparagraph (2);

(4) that if the taxes due, plus interest, are not paid by the heir-at-law, assignee or devisee or if payment is not postponed during the life of a surviving spouse, such taxes and interest shall be recovered from the estate of the owner; and

(5) that any joint owner or mortgagee holding a mortgage on such property has given written prior approval for such agreement, which written approval shall be made a part of such agreement.

In the case of each tax deferral and recovery agreement entered into between the board of assessors and the owner or owners of such real property, the board of assessors shall forthwith cause to be recorded in the registry of deeds of the county or district in which the city or town is situated a statement of their action which shall constitute a lien upon the land covered by such agreement for such taxes as have been assessed under this chapter, plus interest as hereinafter provided. A lien filed pursuant to this section shall be subsequent to any liens securing a reverse mortgage, excepting shared appreciation instruments. The statement shall name the owner or owners and shall include a description of the land adequate for identification. Unless such a statement is recorded the lien shall not be effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. The filing fee for such statement shall be paid by the city or town and shall be added to and become a part of the taxes due.  

In addition to the remedies provided by this clause, the recorded statement of the assessors provided for in this clause shall have the same force and effect as a valid taking for nonpayment of taxes under section 53 of chapter 60, except that: (1) interest shall accrue at the rate determined under this clause for each year until the conveyance of the property or the death of the person whose taxes have been deferred, after which time interest shall accrue at the rate provided in section 62 of chapter 60; (2) no assignment of the municipality’s interest under this clause may be made pursuant to section 52 of chapter 60; (3) no petition under section 65 of chapter 60 to foreclose the lien may be filed before the expiration of 6 months from the conveyance of the property or the death of the person whose taxes have been deferred.

SECTION 15.  Said section 5 of said chapter 59, as so appearing, is hereby further amended by inserting after clause Forty-first C the following clause:—

   Forty-first C½, Real property, of an amount equal to 10 per cent of the average assessed value of all Class One parcels within such city or town of the principal residence of a taxpayer as used by the taxpayer for income tax purposes of a person who has reached his seventieth birthday prior to the fiscal year for which an exemption is sought and occupied by the person as his domicile, or of a person who owns the same jointly with his spouse, either of whom has reached his seventieth birthday prior to the fiscal year for which an exemption is sought and occupied by them as their domicile, or for a person who has reached his seventieth birthday prior to the fiscal year for which an exemption is sought who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile; provided: (A) that such person (1) has been domiciled in the commonwealth for the preceding 10 years, (2) has so owned and occupied such real property or other real property in the commonwealth for 5 years, or (3) is a surviving spouse who inherits such real property and has occupied such real property in the commonwealth 5 years and who otherwise qualified under this clause; and (B) that such taxpayer’s gross receipts from all sources do not exceed the dollar amount calculated to be the income limits on a taxpayer’s total income for a single individual who is not the head of a household for the purposes of paragraph (3) of subsection (k) of section 6 of chapter 62 for the most recently completed state tax year, as determined by the commissioner.

A city, by vote of its council and approval of its mayor, or a town, by vote of town meeting, may adjust the following factors contained in these provisions by: (1) increasing the amount of the exemption to as much as 20 per cent of the average assessed value of all Class One parcels within such city or town;  (2) reducing the requisite age of eligibility to any person age 65 years or older; and (3) reducing the residency requirements to not less than 5 years.

This clause shall take effect in any city or town upon its acceptance by such city or town for fiscal years commencing on or after July 1, 2004, or for fiscal years commencing on or after such later July 1 as the city or town may elect. In those cities and towns that accept the provisions of this clause, the provisions of clauses Forty-first, Forty-first B and Forty-first C shall not be applicable; provided, however, that any amount of money annually appropriated by the commonwealth for the purpose of reimbursing cities and towns for taxes abated under this clause, clause Forty-first, clause Forty-first B and clause Forty-first C shall be distributed as provided in said clause Forty-first.

SECTION 16.      Section 5K of said chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the figure “$750” and inserting in place thereof the following figure:—

“$1,000”.

SECTION 17. Paragraph (1) of subsection (k) of section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting, before the definition of “cost-of-living-adjustment”, the following definition:—

            “Cost-of-housing adjustment’’, for any calendar year, the percentage, if any, by which the average assessed value for a single-family home in Massachusetts for the preceding calendar year, as calculated by the department of revenue, exceeds the average assessed value for a single-family home in the commonwealth for calendar year 2004, as reported by the department.
SECTION 18. Said section 6 of said chapter 62 of the General Laws, as so appearing, is hereby further amended by striking out, in line 437, the figure “$400,000” and inserting in place thereof the following figure:— 

“$750,000”.

SECTION 19. Paragraph (4) of said subsection (k) of said section 6 of said chapter 62 of the General Laws, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following 2 sentences:–

For a taxable year beginning on or after January 1, 2001 and before January 1, 2005, the income, valuation and credit limits in this subsection shall be increased by amounts equal to such income, valuation and credit limits multiplied by the cost-of-living adjustment for the calendar year in which such taxable year begins.  For a taxable year beginning on or after January 1, 2008, the income and credit limits in this subsection shall be increased by amounts equal to such income and credit limits multiplied by the cost-of-living adjustment for the calendar year in which such taxable year begins, and the valuation limit in this subsection shall be increased by an amount equal to such valuation limit multiplied by the cost-of-housing adjustment for the calendar year in which such taxable year begins.   

SECTION 20.   There is hereby established “the elderly persons’ tax relief outreach program” for the purposes of assisting elderly residents of the commonwealth in obtaining information about available options designed to provide limited relief from state and local taxes.

The state secretary shall administer the program in consultation with the secretary of the executive office of elder affairs and the commissioner of revenue.

            In order to assist interested persons in obtaining such information, the outreach program shall:

(a)                create literature outlining tax relief programs for the elderly, including those providing relief from state and local taxes and describing the benefits and eligibility criteria for each option; and

(b)               create presentations and workshops to better facilitate the awareness and education of elderly persons in the tax-related issues that concern them, what relief is available to them and the application process for such relief programs.  The state secretary shall arrange for the literature, presentations and workshops created by the program to be distributed to the elderly through the various local councils on aging.  The local councils on aging may also organize presentations and workshops to present the work of the outreach program.  The Massachusetts Councils on Aging shall oversee the work of the local councils and coordinate the local councils to promote dissemination of the information created through this program.

The state secretary, in consultation with the secretary of the executive office of elder affairs and the commissioner of revenue, shall promulgate such regulations as are necessary to implement the elderly persons’ tax relief outreach program.

SECTION 22.  Home repair and modification.  Section 38A of chapter 121 of the general laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words “housing for the,” in the first sentence, the words “elderly and,” and by inserting  after the word “handicapped” where it appears in said section, the words “or elderly, and by inserting at the end thereof, the following: -

The executive office of elder affairs, in cooperation with the executive office of housing and economic development is authorized and directed to establish, subject to appropriation, a grant program to assist elderly low and moderate income homeowners with home maintenance and repair, including modification for disabilities, to homeowners for their primary residence who are residents of Massachusetts, age 62 years or older, or disabled, or have disable family members, whose gross income is less than fifty thousand dollars per year for an individual, sixty thousand dollars per year for a couple, and whose monthly housing expenses are greater than twenty-five percent of monthly income including, but not limited to mortgage payment, insurance, utilities, real estate taxes, and unreimbursed medical expenses; provided, however, that for households with yearly income below ten thousand dollars no housing expense requirement shall apply.  The type of services that will be deemed eligible shall include interior and exterior painting, minor electrical repair and replacement, installation of smoke alarms and carbon monoxide detectors, window and door repair, minor plumbing repair and replacement, screen replacement for windows and doors, gutter and walkway repair, installation of grab bars, railing and other accessibility devices to assist the elderly and disabled.  Expedited responses shall be provided for assistance with roof leaks, broken hot water heaters, furnace repairs when there is no heat, electrical shorts or rewiring, and plumbing leaks.  No individual grant shall exceed $2500.  More extensive improvements or those requiring building permits or licensing will not be provided by this Home Repair for the Elderly Program.

SECTION 23.  Enhanced Adult Family Care Program Expansion.  The Executive Office of Elder Affairs is authorized and directed, subject to appropriation, to implement the enhanced adult family care program on a statewide basis.

SECTION 24. The provisions of sections 12 – 20 of this act shall be effective for taxable years beginning January 1, 2009.

SECTION 25.  The remaining sections shall be effective on July 1, 2008.