Guns, Wine, Breasts, and Money: New Year, New Laws
When 2015 begins, several new Commonwealth laws take effect. Some of them affect a very select group of people. Others will have a wider impact. Here are the four most likely to change your life:
AN ACT RELATIVE TO BREAST CANCER EARLY DETECTION (full text)
What this means: Physicians must now inform patients if they have dense breast tissue, the degree of that density, and the elevated risk for breast cancer that comes with it. The classification of the tissue will also become a permanent part of the patient’s medical record.
Who this affects: Women aged 40 to 74 who have annual mammograms, 40 percent of whom are estimated to have dense breast tissue. Dense breast tissue can complicate mammograms and increase the risk of breast cancer, so it’s important to know that you have it, and that you may need to take additional steps to ensure early detection of breast cancer, such as an additional MRI. This legislation will also affect radiologists, who will now be required by law to clearly educate the patient about the health risks of dense breast tissue.
Worth noting: Massachusetts will be the 18th state to enact legislation to improve patient education and advocacy around dense breast tissue and the increased risk that comes along with it.
AN ACT REGULATING THE DIRECT SHIPMENT OF WINE (full text)
What this means: Last July, a new state law was passed that would allow out-of-state wineries to ship directly to consumers. That law also restricted out-of-state wineries’ ability to ship directly to retailers, which in-state wineries are allowed to do. Or, they were. In drafting the bill, legislators inadvertently removed the part of the existing law that allowed in-state wineries and cider houses to ship their products directly to retailers. Instead, they’ll have to do so through an alcohol distributor, which means giving up a cut of the profits — if the distributor is interested in taking on such a small client in the first place. Oops.
Who this affects: Out-of-state vineyards and cider houses, which can now sell limited amounts of their product directly to Massachusetts residents. In-state vineyard and cider houses will lose the ability to self-distribute to retailers, which could have a significant and negative impact on their businesses. And wine retailers and drinkers alike, whose beverage options will either expand or contract depending on if they drink in- or out-of-state wines and ciders.
Worth noting: Lawmakers have promised to restore wineries’ ability to self-distribute, and a bill that will amend the law is currently working its way through the legislature.
Update: Hours before the Dec. 31 deadline, the state Senate passed a law to allow small farm wineries and cider houses to ship product directly to retailers. As of 5 p.m. Wednesday, the legislation was awaiting outgoing Gov. Deval Patrick’s signature.
AN ACT RESTORING THE MINIMUM WAGE AND PROVIDING UNEMPLOYMENT INSURANCE REFORMS (full text)
What this means: Massachusetts will increase the minimum wage to $9, and bump the wage for tipped employees up to $3. In 2016, that’ll increase again to $10/$3.35, and in 2017, it’ll be $11/$3.75
Who this affects: Most employees earning the previous state-mandated rate of $8 per hour with the exclusion of “those being rehabilitated or trained in charitable, educational, or religious institutions; members of religious orders; agricultural, floricultural, and horticultural workers; those in professional service; and outside salespersons not reporting to or visiting their office daily.’’ (Agricultural employees aren’t totally left out, though: their minimum rate will raise dramatically, from $1.60 to $8 in 2015, though there are exceptions for minors and employer family members.) Tipped employees must accumulate more than $20 in tips per month to be eligible for the new rate. On a lesser scale, this may also cause prices to rise if businesses decide to let customers’ pocketbooks bear the brunt of the wage hikes.
Worth noting: $9 an hour is on the higher end of state minimum wages (New Hampshire, for example, is just $7.25), but it’s not the highest. That honor goes to Washington state, which is $9.47.
AN ACT RELATIVE TO THE REDUCTION OF GUN VIOLENCE (full text)
What this means: This act, the bulk of which goes into effect on Jan. 1, is comprised of several varying measures meant to curb gun violence. It’s a big one. Parts of the law will create new gun-related offenses and toughen penalties on existing gun laws, while other provisions will seek to improve school safety and suicide prevention efforts. As Attorney General Martha Coakley said when Governor Deval Patrick signed the act into law in August: “This law recognizes the critical intersection between gun violence, suicide prevention, mental health care, domestic violence and school safety by tackling them together in a meaningful way.’’ (For a complete list of the contents of the act, explained in non-legalese, see this report from the Mass Department of Criminal Justice Information Services.)
The act will also bring the state into compliance with the National Instant Criminal Background Check System, or NICS. The Mayor’s Office of Intergovernmental Relations report on 2014 State Legislative Accomplishments details how potentially important this is:
NICS was created in 1999 but over the last 15 years, Massachusetts has only submitted one mental health record into the system, creating a significant loophole that would allow a prohibited purchaser to obtain a gun. Massachusetts courts will now send all relevant mental health records to NICS meaning that, for the first time, the Commonwealth will truly have comprehensive background checks.
Who this affects: Violent offenders trying to buy guns; People who are happy when violent offenders are not able to buy guns (everyone?)
Worth noting: This the first comprehensive update to the state’s gun laws since 1994, when the Federal Assault Weapons Ban took effect.
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