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| Fiscal Affairs Division |
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General Court Sufficient Revenue Pledge
SECTION 27. Said chapter 29 is hereby further amended by striking out section 6E, as inserted by section 86 of chapter 194 of the acts of 1998, and inserting in place thereof the following section:-
Section 6E. The governor shall recommend, the general court shall enact, and the governor shall approve a general appropriation bill which shall constitute a balanced budget for the commonwealth. No supplementary appropriation bill shall be enacted by the general court, nor approved by the governor, which would cause the state budget for any fiscal year not to be balanced.
Late Vendor Payments
SECTION 28. Section 29C of said chapter 29, as appearing in the 1996 Official Edition, is hereby amended by inserting in line 23 after the word "Boston" the following words:- , or such higher rate as the commissioner may set for particular state agencies determined by him to have established a pattern of excessive late payment.
Management Salary Schedule
SECTION 29. Subsection (1) of section 46C of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and the management salary schedule contained therein, and inserting in place thereof the following four paragraphs:-
The personnel administrator shall develop and maintain a management salary schedule. The schedule shall provide for a salary range for 12 managerial job groups. Each salary range shall have a minimum and maximum limit. The personnel administrator shall review, and if necessary revise, the salary ranges annually.
The personnel administrator shall establish a management performance evaluation program, which shall include criteria to be used to determine merit pay increases for managers. Expenditures for such merit pay increases shall not exceed 3 per cent of the total management pay expenditures for the preceding year.
The personnel administrator shall annually file with the house and senate ways and means committees, on or before the first day of February, a report on the merit pay program for managers. Such report shall contain the results of said program for the preceding year, planned changes to the salary schedule for the upcoming fiscal year, projected costs of said changes, and any additional information that the house and senate committees on ways and means may require.
On February 1, 2003, and every four years thereafter, the personnel administrator shall file a report with the house and senate committees on ways and means analyzing the management compensation program. Such report shall include an analysis of economic indicators and economic forecasts relevant to management compensation, and any additional information that said committees may require. As part of said report, the personnel administrator may submit proposed legislation and recommendations, based on said analysis, to amend this chapter.
Said section is hereby further amended in line 5 by striking out the word "above" and inserting in place thereof the following words:- management salary.
Said section is hereby further amended in line 17 by striking out the word "above."Said section is hereby further amended in lines 44 and 45 by striking out the words "set forth in this section."
Said section is hereby further amended in line 45 by striking out the words "division of personnel administration" and inserting in place thereof the following words:- personnel administrator.
Said section is hereby further amended in lines 120 through 123, inclusive, by striking out the sentence "Whenever the said personnel administrator shall permit such recruitment, all managers in the position being paid at a rate or rates below such rate of recruitment shall be advanced to said recruitment rates."
Said section is hereby further amended in line 129 by inserting after the word "recruitment," the following words:- unless otherwise approved by the personnel administrator.
Said section is hereby further amended in line 162 by inserting after the word "promotion," the following words:- or reallocation.
Said section is hereby further amended in line 166 by inserting after the words "such higher job group," the following words:- unless otherwise approved by the personnel administrator.
Said section is hereby further amended in line 179 by striking out the words "in the lower job group" and inserting in place thereof the following words:- unless otherwise approved by the personnel administrator.
Family Child Care Home - Zoning Clarification
SECTION 30. Section 3 of chapter 40A of the General Laws, as so appearing, is hereby amended by striking out in line 70 the words "Family day care home, as", and inserting in place thereof the following words:- Family day care home and large family day care home, as those terms are.
Maximization of Municipal Medicaid-Eligible Expenditures
SECTION 31. Chapter 44 of the General Laws, as so appearing, is hereby amended by striking out section 72 and inserting in place thereof the following section:-
Section 72. Notwithstanding the provisions of any general or special law to the contrary, any local government entity may receive federal funds for reimbursable medical services where all conditions set forth in this section are met. Federal payment under Title XIX of the Social Security Act, claimed pursuant to this section, shall be distributed as follows: (1) with regard to federal payments that are attributable to reimbursable medical services provided to students who are in residential special education programs pursuant to the provisions of chapter 71B, (a) 50 per cent of such payments shall be returned to the local government entity, and (b) 50 per cent of such payments shall be deposited into the General Fund, except that the division of medical assistance may retain an amount sufficient to cover administrative costs relating to the operation of this section, subject to the approval by the executive office for administration and finance of a plan submitted by the division which projects in detail said administrative costs; any revenue from said costs retained as a result of this section shall be in addition to any retained revenue authority otherwise granted to the division through any general appropriation act; 2) with regard to federal payments that are attributable to any other reimbursable medical service (a) 95 per cent of such payments shall be returned to the local government entity, and (b) 5 per cent of such payments shall be deposited into the General Fund except for amounts retained by the division as described above. Federal payment under Title XXI of the Social Security Act, claimed pursuant to this section, shall be distributed as follows: (1) any federal payment amount in excess of 50 per cent of the expenditure amount claimed by the division on the federal claim form shall be deposited into the Children's and Senior's Health Care Assistance Fund established by section 2FF of chapter 29; and (2) the remaining federal payment amount shall be distributed in the manner described in the preceding paragraph. Any funds received by a local government entity pursuant to the provisions of this section shall be considered unrestricted revenue of the local government entity. Before incurring any cost or providing any service for which it intends to claim federal payments under this section, the local government entity must obtain the approval of the division, provided that the division, in its sole discretion, may waive this requirement where it determines that such a waiver would be in the best interest of the commonwealth. To receive any amounts under this section, the local government entity must enter into a written agreement with the division, which agreement shall contain all provisions that the division deems suitable or necessary to support any claim for federal payments under this section. In addition, any local government entity that has entered into a written agreement with the division shall provide to the division, on such forms and at such times as the division may require, any information that the division deems suitable or necessary to support any claim for federal payments under this section. The division shall have the sole discretion to approve or disapprove any local government entity's proposal to claim federal payments. No action or failure to act by the division under this section shall be subject to any administrative or judicial review. The parent or guardian of any child who receives any service for which a local government entity is responsible under this section and which otherwise would be a reimbursable medical service shall, upon request, disclose to such local government entity the child's member identification number established by the division. For the purposes of this section, the term "federal payment" shall mean amounts received by the commonwealth as reimbursement for the federal share of payments for services described herein. For the purposes of this section, the term "local government entity" shall mean any city or town or agency thereof or other political subdivision, or any local or regional school district or committee or educational collaborative, that is responsible, or assumes responsibility, for payment of the full state share for services described herein, provided that such state payment share consists exclusively of public funds; and provided further, that any local or regional school district or committee and the department of education also may contribute to the state payment share for any such services that are provided under the auspices of said department. For the purposes of this section, the term "reimbursable medical services" shall mean services, including administrative activities related to such services, that are medically necessary and for which federal payment otherwise is available under the programs of medical care and assistance established under chapter 118E and policies, procedures, and criteria established by the division. For the purposes of this section, the term "state share" shall mean amounts which the commonwealth is obligated to assume in order to claim federal payment for reimbursable medical services.
Investment Tax Credit
SECTION 32. Section 31A of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out subsections (k) and (l) and inserting in place thereof the following two subsections:-
(k) The provisions of paragraphs (a) and (f) shall not be available for the taxable years ending on or after December 31, 1993.
(l) The provisions of paragraphs (i) and (j) shall be available only for the taxable years beginning on or after December 31, 1993.
Offshore Investment Companies Tax Code Clarification
SECTION 33. Section 39 of said chapter 63, as amended by section 2B of chapter 198 of the acts of 1998, is hereby further amended by inserting at the end thereof the following sentence:- A foreign corporation trading stocks, securities, or commodities for its own account shall not be subject to tax under this chapter if the foreign corporation does not carry on a trade or business within the United States within the meaning of section 864(b)(2) of the Internal Revenue Code, as amended and in effect for the taxable year.
Remove Charter School Cap
SECTION 34. Section 89 of chapter 71 of the General Laws, as amended by section 2 of chapter 46 of the acts of 1997, is hereby further amended by striking out subsection (i) and inserting in place thereof the following subsection:-
(i) The board of education shall make the final determination on granting charter school status and may condition a charter on the applicant's taking certain actions or maintaining certain conditions. There shall be no limit on the number of charter schools allowed to operate in the commonwealth at any time. In any fiscal year, no public school district's total charter school tuition payment to commonwealth charter schools shall exceed 12 per cent of said district's net school spending, provided that for a school district with students attending schools that were chartered before fiscal year 1999, the school district's total charter school tuition payment to said charter schools shall not exceed either 12 per cent of said district's net school spending or the per cent of said district's net school spending paid for charter school tuition in fiscal year 1999 plus three per cent, whichever is greater. There shall be no limit placed on the number of Horace Mann charter schools. Under no circumstances shall the total number of students attending commonwealth charter schools exceed 4 per cent of the total number of students attending public schools in the commonwealth. In approving new charters in any year, the board may give priority to proposals for schools located in low performing districts based upon, but not limited to, such indicators as scores on statewide assessments and drop out rates. The board may also give priority to schools that have demonstrated broad community support, an innovative educational plan, and a demonstrated commitment to assisting the district in which they are located in bringing about educational change.
Charter School Reimbursement
SECTION 35. Said section 89 of said chapter 71, as so amended, is hereby further amended by striking out clause (oo) and inserting in place thereof the following clause:-
(oo) Beginning in fiscal year 2000, any district whose total charter school tuition amount is greater than its total charter school tuition amount for the previous year shall be reimbursed by the commonwealth in accordance with this paragraph and subject to appropriation; provided, however, that no funds for said reimbursements shall be deducted from funds distributed pursuant to chapter 70. The reimbursement amount shall be equal to 50 per cent of the increase in the year in which the increase occurs.
Bristol County Agricultural School - Board of Trustees
SECTION 36. Section 26 of chapter 74 of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
Notwithstanding the preceding paragraph, beginning on July 1, 2000, the board of trustees for the Bristol agricultural school shall consist of seven trustees, who shall be residents of Bristol county, appointed by the governor for a term of four years, of which not more than two or fewer than one term shall expire each year. The administrator of the Bristol agricultural school may submit to the governor a list of potential candidates for selection to said board prior to appointment by the governor. Said school shall be under the general supervision of the department of education and said board shall develop said school's curriculum in consultation with teachers of said school. The trustees shall appoint a treasurer who shall receive and take charge of all monies due to said school, and who shall give a bond for the faithful performance of his duties in accordance with the provisions of section 35 of chapter 41. The fiscal year of said school shall be the same as the fiscal year of cities and towns.
Bristol County Agricultural School - Budget Setting Process
SECTION 37. Section 28 of said chapter 74, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
Notwithstanding the preceding paragraph, beginning on July 1, 2000, in Bristol county, the total budget estimates approved by the board of education shall govern the spending of the Bristol county agricultural school, which shall not incur liabilities in excess of the approved amounts without first obtaining the approval of the board of trustees of a revised budget. Said board shall not approve a budget of said school, or revisions thereof, unless said board is satisfied that said school's revenues and available funds are sufficient to meet the proposed expenditures.
Bristol County Agricultural School - Revenues
SECTION 38. Section 30 of said chapter 74, as so appearing, is hereby amended by inserting at the end thereof the following paragraph:-
Notwithstanding the preceding paragraph, beginning on July 1, 2000, this section shall not apply to Bristol county agricultural school.
Head Injury Trust Fund Assessments
SECTION 39. Subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter 90 of the General Laws, as most recently amended by section 79 of chapter 43 of the acts of 1997, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
There shall be an assessment of $125 against a person convicted of, pleading guilty to, placed on probation for, or granted a continuance without a finding or an admission to a finding of sufficient facts, by a court of the commonwealth, of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances, pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established pursuant to the provisions of section 59 of chapter 10. In the discretion of the court, an assessment pursuant to this section may be reduced or waived, only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
Head Injury Trust Fund Assessments
SECTION 40. Paragraph (a) of subdivision (2) of said section 24 of said chapter 90, as most recently amended by section 80 of said chapter 43, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
There shall be an assessment of $125 against a person convicted of, pleading guilty to, placed on probation for, or granted a continuance without a finding or an admission to a finding of sufficient facts, by a court of the commonwealth, of operating a motor vehicle negligently so that the lives or safety of the public might be endangered, pursuant to the provisions of this section; provided, however, that moneys collected pursuant to said assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund established by section 59 of chapter 10. In the discretion of the court, an assessment pursuant to this section may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigence for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
SPORT Program
SECTION 41. Section 11 of chapter 90B of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the word "vehicles." in line 30 the following paragraph:-
The director may authorize any person to issue registration certificates for snow vehicles, recreational vehicles, and vessels in accordance with sections 22 and 23.
SPORT Program
SECTION 42. Section 22 of said chapter 90B, as so appearing, is hereby amended by inserting in line 2 after the word "director" the following words:- or his agent.
Said section is hereby further amended by inserting after the word "vehicle." in line 21 the following sentence:- Any person authorized to issue registration certificates for snow vehicles, recreational vehicles, and vessels, who is not employed by the commonwealth, may charge the applicant an administrative fee in addition to the required registration fee. Said administrative fee shall not exceed $1.50 per registration issued.
Providing a Program of MassHealth Benefits to Individuals with HIV
SECTION 43. Subsection (2) of section 9A of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after clause (h) the following clause:-
(i) persons who have tested positively for the human immunodeficiency virus whose financial eligibility as determined by the division does not exceed 200 percent of the federal poverty level.
Insurance Information to DMA
SECTION 44. Section 23 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 32 to 36, inclusive, the sixth paragraph and inserting in place thereof the following paragraph:-
Notwithstanding any other provision of general or special law, rule, or regulation to the contrary, all holders of health insurance information, including, but not limited to, health insurers doing business in the commonwealth, all private and public entities who employ individuals in the commonwealth, and all agencies of the commonwealth, shall provide sufficient information to the division, or in the case of said agencies, shall make other arrangements mutually satisfactory to both agencies, to enable the division: (a) to identify which recipients of and applicants for medical assistance or benefits under this chapter are also or could also be beneficiaries under any policy of insurance available or in force and effect in the commonwealth; and (b) to determine the cost, scope, and terms of said policy of insurance.
Increase in Urban Revitalization and Development Grants
SECTION 45. Section 57 of chapter 121B of the General Laws, as so appearing, is hereby amended by striking out paragraph (d) and inserting in place thereof the following paragraph:-
(d) The total amount of urban revitalization and development grants to be paid under the provisions of this section shall not exceed $3,200,000 in any one fiscal year or a total of $60,900,000 in the aggregate, including amounts authorized by the department to be advanced for the estimated expenses as provided in the first paragraph.
Prison Industries Enhancement (PIE)
SECTION 46. Section 51 of chapter 127 of the General Laws, as so appearing, is hereby amended in line 8 by inserting after the word "prisoners" the following words:- , except for those prisoners engaged in a prison industries enhancement program business established pursuant to the provisions of section 51A, and no contract shall be made to employ prisoners as telemarketers.
Prison Industries Enhancement (PIE)
SECTION 47. Said chapter 127, as so appearing, is hereby further amended by inserting after section 51 the following three sections:-
Section 51A. The commissioner and the superintendents of county correctional facilities may, consistent with the provisions of 18 USC 1761 (c), as amended by the Federal Justice Assistance Act of 1984 (P.L. 101-647), contract with private entities to: (1) employ inmates, who voluntarily elect to be so employed and who signify election by signing a statement provided to said inmate by said the commissioner or his designee; (2) invest in prison-based businesses owned by the commonwealth; (3) purchase goods and services from prison-based businesses; (4) manage prison-based businesses owned by the commonwealth; and (5) establish prison-based businesses.
Section 51B. Wages paid to an inmate in consideration of employment within a prison industries enhancement program business established pursuant to the provisions of this section and section 51A shall he paid at a rate which is not less than that paid for work of a similar nature in the locality in which the work is performed; provided however, that the commissioner and the superintendents of county correctional facilities shall be authorized to deduct and disperse from wages so paid financial contributions sufficient to qualify said business under the eligibility requirements set forth in 18 USC 1761(c) as amended by the federal Justice Assistance Act of 1984 (P.L. 101-647) including deductions and disbursements for federal, state, and local taxes.
Inmates engaged in employment within a prison industries enhancement program business established pursuant to the provisions of this section and section 51A shall not be deemed employees of the commonwealth, and such inmates shall not be eligible for any earned income credit or any statutory entitlements other than those specifically provided for the care and treatment of incarcerated inmates under this chapter.
In addition to said tax deductions, 20 per cent of said inmates' gross wages shall be expended to satisfy victim and witness assessments ordered by the courts pursuant to section 8 of chapter 258B. The total of all said deductions shall not, in the aggregate, exceed 80 percent of gross wages as provided in 18 USC 1761 (c), as amended. After said deductions, the remainder shall be allocated by the commissioner for the following uses: (1) to offset the costs of incarceration; and (2) for purchases within the institution by the inmate and for deposit into an interest-bearing account by the commissioner in a state-chartered bank approved by the state treasurer and paid to the inmate upon release from incarceration, with the accrued interest in such installments and at such times as may be prescribed by the applicable rules and regulations or as the commissioner shall designate.
Section 51C. There shall be established an advisory commission, to be, known as the prison industries enhancement advisory commission, to provide advice to the commissioner of correction prior to the initiation of any prison industries project. Said commission shall consist of eight members, including the commissioner, who shall serve as chairman, and seven others to be appointed by the governor, who shall serve staggered terms of not more than four years. Said appointed members shall include: one representative of the State Labor Council/AFL-CIO, one representative of the Associated Industries of Massachusetts, one representative of the Massachusetts Bar Association, one representative of the Criminal Justice Policy Coalition, one representative of the Massachusetts Housing and Shelter Alliance, one representative of the manufacturing industry, and one representative of the general public.
Said advisory commission shall meet not less than two times per calendar year and at such other times as the chairman deems necessary. Each proposed new prison industries enhancement program business shall be reviewed by said advisory commission to ensure compliance with all applicable state and federal laws, rules, and regulations. The commissioner shall render a final decision on the recommendations of the advisory commission.
Any joint venture with the private sector entered into by the commissioner or a superintendent of a county correctional facility shall require the prior approval of the commissioner of correction and of said advisory commission by vote of a simple majority; provided, however, that no such vote shall be valid unless a quorum, consisting of not less than five members, is present.
SPORT Program
SECTION 48. Section 2 of chapter 130 of the General Laws, as most recently amended by chapter 184 of the acts of 1998, is hereby further amended by inserting in line 2 after the word "director" the following words:- or his agent.
SPORT Program
SECTION 49. Section 4 of said chapter 130, as appearing in the 1996 Official Edition, is hereby amended by inserting in line 1 after the word "director" the following words:- or his agent.
SPORT Program
SECTION 50. Section 17 of said chapter 130, as so appearing, is hereby amended by inserting at the end thereof the following subparagraph:-
(12) authorize agents to sell certain permits issued pursuant to section 83 and authorize agents who are not employed by the commonwealth to charge an administrative fee for such permits not to exceed $1.50 for each permit.
SPORT Program
SECTION 51. Section 38 of said chapter 130, as so appearing, is hereby amended by inserting in line 3 after the word "director" the following words:- or his agent.
SPORT Program
SECTION 52. Section 83 of said chapter 130, as so appearing, is hereby amended by inserting in line 8 after the word "director" the following words:- or his agent.
Prison Industries Enhancement (PIE)
SECTION 53. Section 74 of chapter 152 of the General Laws, as so appearing, is hereby amended in line 9 by inserting after the word "twenty-seven" the following words:- provided, however, that said section shall apply to those inmates performing labor for and engaged in a prison industries enhancement program business established pursuant to the provisions of sections 51A and 51B of chapter 127.
Exempt State Agencies from Registry of Deeds Fees
SECTION 54. Section 38 of chapter 262 of the General Laws, as so appearing, is hereby amended by inserting at the end thereof the following sentence:- No fee shall be charged by the registers of deeds for the recording, deposit, or filing of any deed, plan, order of taking, or document of any kind by the commonwealth or any state agency.
DOI Salary Cap
SECTION 55. Section 2 of chapter 797 of the acts of 1981 is hereby repealed.
Lower from Age 5 to 2 the TAFDC With Child Work Exemption
SECTION 56. Subsection (h) of section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
Recipients not qualifying as exempt under the provisions of subsection (e) and whose child of record is at or over the age of two shall participate in the work program established by subsection (j).
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