Massachusetts SD 310: An Act relative to cimex lectularius

Bill Text

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SENATE DOCKET, NO. 310 FILED ON: 1/11/2019
SENATE . . . . . . . . . . . . . . No. 802

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
John F. Keenan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to cimex lectularius.
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PETITION OF:

NAME: DISTRICT/ADDRESS:
John F. Keenan Norfolk and Plymouth
Mark J. Cusack 5th Norfolk 1/17/2019

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SENATE DOCKET, NO. 310 FILED ON: 1/11/2019
SENATE . . . . . . . . . . . . . . No. 802
By Mr. Keenan, a petition (accompanied by bill, Senate, No. 802) of John F. Keenan and Mark J.
Cusack for legislation relative to bed bugs. Housing.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 726 OF 2017-2018.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act relative to cimex lectularius.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. (a) For purposes of this section the following words shall have the
2 following meanings, unless the context clearly requires otherwise:
3 “Bed bug” means an insect of the species “Cimex Lectularius,” commonly referred to as
4 a bed bug;
5 “Control” means the process required by a professional pesticide applicator to attempt to
6 eliminate or manage an infestation of bed bugs by poisoning, spraying, fumigating, trapping or
7 by any other recognized and lawful pest-elimination method, including repeated applications of
8 any treatment, particularly to areas where bed bugs are likely to congregate, provided that the
9 department of public health may recommend and issue standards on treatment methods as they
10 see fit based on the availability of updated information and science. Control of bed bugs shall be

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11 deemed completed if there has been no evidence of bed bug activity for thirty (30) days after the
12 last application of any treatment;
13 “Infestation” means the presence of bed bugs, or signs of their presence, in a quantity
14 large enough that the tenant of a dwelling unit has knowledge or should have knowledge of the
15 presence of bed bugs in the dwelling unit;
16 “Surrounding unit” means a unit or units that share a common wall or are located above
17 or below;
18 “Owner” and “Tenant” shall have the same meaning as defined in 105 CMR 410
19 “Certified Applicator” shall have the meaning provided in chapter 132B;
20 (b) This act shall not apply to dwellings containing one dwelling unit.
21 SECTION 2. (a) Notwithstanding any general or special law to the contrary, any tenant
22 that asserts that an infestation of bed bugs is present in the tenant’s dwelling unit shall: (1)
23 immediately provide notice to the owner in writing after becoming aware of the presence of bed
24 bugs; (2) allow the owner, as well as its agents, inspectors, certified applicators, and contractors,
25 to enter the dwelling unit to perform inspections repairs, exterminations, and applications, upon
26 not less than 24 hour notice; (3) within a reasonable period of time after receipt of notice from
27 the certified applicator, comply with any and all protocols and instructions afforded to tenant by
28 the certified applicator, including without limitation, encasing and sealing personal property in
29 plastic bags, laundering personal property, removing personal property which may be to be
30 infested with bed bugs; and removing unreasonable amounts of personal property which are
31 deemed to be interfering with the proper treatment of the bed bugs by the certified applicator.

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32 No tenant shall interfere with the certified applicator’s performance of any extermination or
33 inspection.
34 (b) Any tenant that fails to provide access to the dwelling unit, interferes with any
35 inspection or extermination, or fails to comply with the protocols and/or instructions of the
36 certified applicator, shall be responsible for any actual and consequential damages incurred by
37 the owner as a result of such denials. In addition, an owner shall be entitled to the issuance of
38 injunctive relief against any such tenant, including an order prohibiting a tenant from occupying
39 a dwelling unit during the period that the certified applicator is performing any required
40 exterminations.
41 SECTION 3. Notwithstanding any special or general law to the contrary, at such time as
42 an owner shall have actual or constructive knowledge of the infestation of bed bugs in a dwelling
43 unit, the owner shall be required to maintain the dwelling unit free of an infestation of bed bugs.
44 Within 5 business days of receiving a notice from any tenant of an infestation of bed
45 bugs, the owner shall perform a visual inspection of the dwelli