Rep. Stanley, Massachusetts Legislature Pass the HERO Act

(BOSTON—8/14/2024) The Massachusetts Legislature has passed An Act Honoring, Empowering and Recognizing Our Service Members and Veterans (HERO Act), legislation designed to boost support for hundreds of thousands of individuals across the state who have served in the United States military, including nearly 30,000 women veterans and thousands of LGBTQ+ veterans.

This compromise legislation increases and simplifies benefits and opportunities, modernizes services, and promotes inclusivity for Massachusetts veterans while reaffirming the Commonwealth’s commitment to recognizing and serving all service members and their families. It increases benefits for disabled veterans and Gold Star family members, bolsters new and existing initiatives for municipalities and businesses to support veterans, creates comprehensive services for active-duty service members and military families, expands the scope of the Veterans Equality Review Board, updates the Chapter 115 definition of a veteran to expand eligibility, and codifies medical, behavioral health, and dental benefits.

Further, it establishes new recognitions for military service in the Commonwealth and requires several working groups to review post-traumatic stress disorder in veterans, mental health treatments for veterans, and overall quality of life for veterans in Massachusetts.

"With the passage of the HERO Act, Massachusetts reaffirms its unwavering commitment to our veterans, active-duty service members, and their families," said Representative Thomas M. Stanley (D-Waltham). "In addition to the enhanced benefits and services for veterans, I’m thrilled that the HERO Act also includes policies from my bill, the Military CHILD Act, that make additional updates to quality-of-life issues for our service members. I am proud to stand with my colleagues in advancing this critical bill, and I am deeply grateful to all those who serve and have served our country."

Military CHILD Act policies in the Hero Act

• Defining Armed Forces in State Policy
• Military Access to Quality Family Care
• Military Spouse Liaison
• Purple Star Schools/Support for Military-Connected Students
• Honoring Fallen Veterans
• Child Abuse Identification and Reporting

The United States Space Force was established as an independent branch of the uniformed services on December 19, 2019. The HERO requires the Governor to recognize December 20th every year as the anniversary of the Space Force’s founding. Moreover, with the creation of the Space Force, changes in force structure occurred at the federal level. The bill also updates several definitions of military service in state law to include the Space Force and align them with the federal definitions. This ensures service members of the Space Force, and their dependents receive the same state benefits and protections as their peers in other branches of the military.

Family Child Care (FCC) workers are certified by the military to provide care operated in on-base or off-base homes for children from birth through age 12. These providers are mostly military spouses and offer military families with reliable and personalized care. When moving with their service member, FCC providers do not need to complete additional training nor background checks with the military when they arrive at their new installation, unless their certification is up for renewal. However, they still need to apply for licensure through the state. This not only delays them from providing much needed childcare to military families (DoD estimates a 50% deficit in the number of FCC providers to meet the demands of military communities), but also creates a financial hardship for a military spouse who needs to reestablish their business after a move. The HERO Act exempts FCC providers already certified through the military services, enhancing the quality of life and economic security of both FCC providers and military families in need of qualified childcare options.

The HERO Act requires the adjutant general to appoint a military spouse liaison to conduct outreach to and advocate on behalf of military spouses in the Commonwealth. The military spouse liaison would be required to provide assistance along with information regarding professional licenses and credentials to military spouses and coordinate research on challenges military spouses experience, including access to childcare.

Unfortunately, stereotypes regarding PTSD, unfounded fears of military deployment and misconceptions regarding military skills translating into civilian life have contributed towards some service members and their families encountering bias and discrimination in employment, housing, and public accommodations. Military students may even experience discrimination in our schools. The HERO Act defines a “military-connected student” and provides additional supports for military students of a deployed family member, including access to support staff, such as a school counselor or social worker. School districts would also be encouraged to notify teachers if a military student is enrolled in their class, giving them the opportunity to offer additional academic support as needed.

The American Flag flies at half-staff or at half-mast when the state is in mourning. The HERO Act requires flags throughout the Commonwealth to be flown at half-mast when any military service member - who is a Massachusetts resident - is killed in the line of duty from the day of death until sunset of the day of interment. The bill also requires for flags throughout the Commonwealth to be flown at half-mast when the remains of POW/MIAS are repatriated from the day of arrival within the Commonwealth though the day of interment, and every year on POW/MIA day - the 3rd Friday of September – from sunrise to sunset. This policy ensures we are recognizing those who make the ultimate sacrifice for our country.

Title 10 USC, Section 1787 directs the secretary of defense to request each state to provide for the reporting of any known or suspected instances of child abuse and neglect in which the victim or suspect is a member – or the spouse of a member – of the armed forces. The DoD established the Family Advocacy Program at military facilities to address the prevention of and response to child abuse and neglect involving military families. However, there is no statutory authority for the state to share case information with the appropriate military authorities. The HERO Act requires each DCF area director to enter an MOU with the Family Advocacy Program and to collect the military affiliation of victims and suspects and report them at the onset of investigations. This change will foster more coordination of local child welfare and military protective and rehabilitations services in support of military children and families.

The Governor signed the Hero Act (now Chapter 178 of the Acts of 2024) into law on August 8, 2024.

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