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Budget Recommendations
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Treasurer - Related Outside Sections Detail
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| Treasurer and Receiver-General |
| Office of the Treasurer and Receiver-General |
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 5.
Section 18 of said chapter 6A, as so appearing, is hereby amended by inserting in line 6, after the word "police;" the following "alcoholic beverage control commission".
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 6.
Section 18A½ of said chapter 6A, as so appearing, is hereby amended by inserting in line 9, after the word "regulation," the following words "the alcoholic beverage control commission".
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 15.
The General Laws are hereby amended by inserting after chapter 22E the following chapter:-
CHAPTER 22F
THE ALCOHOLIC BEVERAGES CONTROL COMMISSION
Section 1. There shall exist within the executive office for public safety a commission to be known as the alcoholic beverages control commission, to consist of a commissioner and two associate commissioners appointed by the governor. Not more than two members shall be members of the same political party. The commissioner and one associate commissioner shall serve terms coterminous with that of the governor. One associate commissioner shall serve a four year term. The commissioner shall serve as chairman. The commission members shall devote their full time during business hours to their official duties. The positions of commissioner and associate commissioners shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30. Any vacancy may be filled in like manner for the remainder of the unexpired term. Members of the commission shall serve at the pleasure of the governor and may be removed without cause. Two members shall constitute a quorum for the purpose of conducting the business of the commission. A vacancy shall not impair the right of the remaining members to exercise the powers of the commission. The commissioner, pursuant to section 14 of chapter 17, shall serve as a member of the advisory council on alcoholism.
Section 2. The chairman may appoint and remove a secretary and expend for other clerical assistants. The chairman may appoint a confidential secretary pursuant to section 7 of chapter 30. The chairman may appoint investigators who shall be exempt from chapter 31, for the purpose of enforcing or causing to be enforced the penalties provided for by law against any person in violation of the provisions of this chapter or chapter 138. Each person employed as an investigator shall meet minimum qualifications established by the secretary of public safety and shall complete a basic training and safety course as approved by said secretary. Investigators shall not carry firearms in connection with their duties under this chapter.
Section 3. The commission shall have the following responsibilities:
(1) issuing licenses, suspending licenses, reviewing appeals, and revoking licenses pursuant to sections 12, 13, 15A, 17, 18, 18A, 19, 19A, 19B, 19C, 19D, 20, 22A, 23, 23A, 64, 67, 70, 76 of chapter 138;
(2) establishing conditions for the destruction of certain alcoholic beverages pursuant to section 2 of chapter 138;
(3) receiving annual reports from local licensing authorities pursuant to section 10A of chapter 138;
(4) authorizing vacancy of members of local licensing boards pursuant to section 10B of chapter 138;
(5) issuing certificates of compliance to export licensees pursuant to section 18B of chapter 138;
(6) issuing permits to store and warehouse beverages pursuant to section 20A of chapter 138;
(7) issuing permits for vehicles to transport and deliver alcoholic beverages pursuant to section 22 of chapter 138;
(8) promulgating regulations for issues regarding alcoholic beverages pursuant to section 24 of chapter 138;
(9) posting of names of delinquent licensees pursuant to section 25 of chapter 138;
(10) establishing schedules for sale of alcoholic beverages sold to wholesaler in the commonwealth pursuant to section 25B of chapter 138;
(11) promulgating rules regarding the resale price of beverages pursuant to section 25C of chapter 138;
(12) promulgating and enforcing rules regarding price discrimination pursuant to section 25D of chapter 138;
(13) establishing rules for the sale of alcoholic beverages to churches, hospitals, and other organizations pursuant to section 28 of chapter 138;
(14) preparing and distributing posters to businesses regarding the sale of alcoholic beverages to minors pursuant to section 34A of chapter 138;
(15) arresting without a warrant any person illegally manufacturing or selling alcoholic beverages pursuant to section 56 of chapter 138;
(16) entering premises to ascertain manner of business of licensees pursuant to section 63 of chapter 138; and,
(17) receiving reports from bottle distributors regarding the amount received from deposits pursuant to section 323 of chapter 94.
Section 4. The commission shall submit to the governor and to the general court as soon as may be feasible after the end of each state fiscal year a full report of its actions and of the conduct and condition of traffic in alcoholic beverages during such year, together with recommendations for such legislation as it deems necessary or desirable for the better regulation and control of such traffic and for the promotion of temperance in the use of such beverages.
Section 5. The chairman, with the approval of the secretary of public safety, may designate any permanently appointed municipal police officer with powers and duties set forth in section 98 of chapter 41 and who is trained pursuant to section 96B of chapter 41, as a special alcohol beverage control officer. Special alcohol beverage control officers shall have all the authority of commission investigators to enforce the provisions of this chapter and chapter 138.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 16.
Clause (1) of subsection (b) of section 1 of chapter 24A of the General Laws, as so appearing, is hereby amended by striking out the following words:- the alcoholic beverages control commission.
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Pension Reform
SECTION 29.
Section 1 of chapter 32 of the General Laws, as so appearing, is amended by striking out the definition of "regular compensation," in lines 378 through 457, inclusive, and inserting in place thereof the following:
"Regular compensation'', during any period prior to January 1, 1946, shall mean the full salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, from which regular deductions were made pursuant to the provisions of chapter 32 applicable from time to time prior to such date; provided, that if the amount of such salary, wages or other compensation has been reduced or increased during any such period as a general temporary adjustment due to the cost of living or to other economic conditions, and if the board has received from the appropriate authority a written notice of such fact or if the board is satisfied of such fact after an investigation which it shall make prior to July 1, 1946 or which it shall make thereafter and not later than six months after a system becomes operative for the employees of any governmental unit, such amount shall, for the purpose of any computations made under the provisions of sections one to 28, inclusive, involving the use of an annual or an average annual rate of regular compensation during any such period, but not for the purpose of affecting any regular deductions already made, remain unaffected by such general temporary adjustment.
"Regular compensation'', subsequent to December 31, 1945, shall mean the salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority, not including bonus, overtime, severance pay for any and all unused sick leave, early retirement incentives, or any other payments made as a result of giving notice of retirement, but including evaluated maintenance as provided for in paragraph (c) of subdivision (1) of section 22, and including any part of such salary, wages or other compensation derived from federal grants except as provided in clause (xi) of paragraph (a) of subdivision (2) of section three; provided, that during any period subsequent to June 30, 1948, salary, wages or other compensation payable in the form of cost of living bonuses and cost of living pay adjustments shall be included in such term. In the case of a teacher employed in a public day school who is a member of the teachers' retirement system, salary payable under the terms of an annual contract for additional services in such a school and also compensation for services rendered by said teacher in connection with a school lunch program or for services in connection with a program of instruction of physical education and athletic contests as authorized by section 47 of chapter 71 shall be regarded as regular compensation rather than as bonus or overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund of the teachers' retirement system. In the case of police officers, firefighters and employees of a municipal department who are employed as fire alarm signal operators or signal maintenance repairmen, money paid for holidays shall be regarded as regular compensation rather than as overtime and shall be included in the salary on which deductions are to be paid to the annuity savings fund. Regular compensation shall also include all premiums paid by any governmental unit for the purchase of an individual or group annuity contract as authorized by section 18A of chapter 15 or section 37B of chapter 71. Regular compensation shall also mean compensation received by any member having made the election provided for in section 90G 1/2 or section 90G 3/4 and serving after age 70pursuant to section 90F, 90G or 90H.
"Regular compensation'', during any period subsequent to June 30, 2006, shall mean the salary, wages or other compensation in whatever form, lawfully determined for the individual service of the employee by the employing authority and paid to or on behalf of a member as remuneration for services actually rendered or as periodic payments for paid sick, personal, bereavement, or vacation leave taken during a period of employment, or for payments made pursuant to section 111F of chapter 41 in the year or part of a year to which the compensation is attributed. Such payments must be ordinary, normal, recurrent, repeated, and of indefinite duration, and paid pursuant to an official written policy of the employer, a written employment agreement, or a collective bargaining agreement. Such payments must be uniformly available for employees who are similarly situated relative to the purpose of the payment, provided that variations of payments due to merit shall not exclude them for that reason from regular compensation.
Provided they otherwise meet the requirements of this section, any amounts paid as educational incentives; any amounts paid as premiums for shift differentials; payments for length of service made recurrently to all employees in a collective bargaining unit having attained a specific length of service; payments for length of service made recurrently to all non-collective bargaining employees of an employer having attained a specific length of service; any amounts paid as cost-of-living bonuses or cost-of-living pay adjustments paid to all members of a collective bargaining unit or all non-collective bargaining employees of an employer; evaluated maintenance as provided for in paragraph (c) of subdivision (1) of section twenty-two; and any part of such salary, wages or other compensation derived from federal grants except as provided in clause (xi) of paragraph (a) of subdivision (2) of section three shall be considered regular compensation. Lump-sum or retroactive payments which would have been regular compensation if paid in the periods in which the services remunerated thereby were actually rendered will be allocated to said periods rather than being entirely attributed to the time of receipt for the purpose of determining a member's regular compensation.
Exclusions from regular compensation shall include, but not be limited to, any amounts paid for overtime hours worked beyond the member's normal work schedule; any amounts paid as premiums for working holidays, unless otherwise required by law; any amounts paid as bonuses other than qualified cost-of-living bonuses as described in this section; any amounts paid in lieu of or for unused vacation, sick leave, or other leave; severance pay; any amounts paid as early retirement incentives; any other payments made as a result or in anticipation of the member giving notice of retirement; and any extraordinary or ad hoc payment amount, such as any payment to an employee or group of employees which will not recur or which will recur for only a limited or definite term.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 62.
Section 1 of chapter 138 of the General Laws, as so appearing, is hereby further amended by striking out, in the definition of "Commission" the words "section 70 of chapter 10" and inserting place thereof the following:- chapter 22F.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 63.
Section 24 of said chapter 138, as so appearing, is hereby further amended by striking out, in the first sentence, the word "treasurer" and inserting in place thereof the following:- secretary of public safety.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 64.
Section 1 of chapter 150E of the General Laws, as so appearing, is hereby amended by striking out the last sentence from the definition of '"employee" or "public employee"'.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 65.
Section 7 of said chapter 150E, as so appearing, is hereby amended by striking out in subsections (b) and (c) the words, "the alcoholic beverage control commission," wherever they appear.
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Alcoholic Beverage Control Commission Transfer to Public Safety
SECTION 66.
Section 8 of chapter 233 of the General Laws, as so appearing, is hereby further amended by striking out, in line 7, the words "section forty-three of chapter six" and inserting in place thereof the following:- chapter 22F.
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MassHealth - Hospital Supplemental Payment #2
SECTION 85.
The Comptroller shall, in consultation with the office of the state treasurer, the executive office for administration and finance, and the executive office of health and human services, develop a schedule and shall make a series of transfers not to exceed $251,000,000 from the General Fund to the MassHealth provider payment account in the Medical Assistance Trust Fund established in section 18 of this act.
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