Budget Masthead
alt   Line Item Search
|
Site Search
link to Mass.Gov
 
 
 
 
 
 

Budget Recommendations

Outside Sections

Outside Sections
 


Local Aid Distribution

SECTION 3.    Notwithstanding the provisions of any general or special law to the contrary, for the fiscal year ending June 30, 2007, the distribution to cities and towns of the balance of the State Lottery Fund, as paid by the treasurer from the General Fund in accordance with the provisions of clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, shall be
$920,028,283 and shall be apportioned to the cities and towns in accordance with this section.
          Notwithstanding the provisions of any general or special law to the contrary, except for section 12B of chapter 76 of the General Laws and section 89 of chapter 71 of the General Laws, the total amounts to be distributed and paid to each city, town, regional school district, independent agricultural school, and county maintaining an agricultural school from items 0611-5500 and 7061-0008 of section 2 of this act shall be as set forth in the following lists; provided, that the amounts to be distributed from item 0611-5500 of said section 2 are hereby deemed to be in full satisfaction of the amounts due under section 37 of chapter 21 of the General Laws. No payments shall be made after November 30, 2004, to a city, town, or to a county maintaining an agricultural school pursuant to this section until the state treasurer receives certification from the commissioner of revenue of said commissioner's acceptance of the prior fiscal year's annual financial reports submitted by the city, town, or county pursuant to the provisions of section 43 of chapter 44 of the General Laws.
          Notwithstanding the provisions of any general or special law to the contrary, no district shall receive chapter 70 aid in an amount greater than the district's foundation budget. If there is a conflict between the provisions of this section and the distributions listed below, the distribution below shall control; provided further, that no municipality shall have a required local contribution that exceeds 150 per cent of the municipal foundation budget.
 
 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

ABINGTON 7,102,535 0 2,412,357 76,800 54,454
ACTON 3,122,308 29,696 1,681,010 56,152 39,814
ACUSHNET 6,084,524 23,875 1,837,561 56,629 40,152
ADAMS 0 35,042 2,434,463 82,355 58,392
AGAWAM 12,282,592 0 4,502,085 158,871 112,645
ALFORD 0 0 16,574 424 301
AMESBURY 8,419,341 0 2,385,607 72,324 51,280
AMHERST 5,824,585 222,910 9,665,752 321,099 227,670
ANDOVER 5,785,511 0 2,182,376 70,744 50,160
AQUINNAH 0 0 2,848 112 80
ARLINGTON 5,378,706 4,491,775 4,884,315 121,390 86,070
ASHBURNHAM 0 0 855,677 30,438 21,581
ASHBY 6,987 0 468,104 13,817 9,796
ASHFIELD 70,921 0 227,001 9,720 6,892
ASHLAND 3,359,140 291,598 1,364,510 53,068 37,627
ATHOL 0 4,377 2,793,955 101,540 71,995
ATTLEBORO 27,644,223 0 6,981,165 244,903 173,645
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

AUBURN 3,986,020 0 2,095,931 73,147 51,864
AVON 680,340 400,636 455,985 12,535 8,888
AYER 3,856,122 44,218 883,466 26,575 18,843
BARNSTABLE 6,387,190 0 2,575,171 89,592 63,524
BARRE 16,325 0 994,565 36,880 26,149
BECKET 79,336 8,580 102,324 4,269 3,027
BEDFORD 2,195,591 484,271 929,679 26,630 18,882
BELCHERTOWN 10,463,146 0 2,075,915 88,457 62,719
BELLINGHAM 7,821,071 0 2,084,059 54,256 38,469
BELMONT 3,143,982 827,483 1,955,091 50,045 35,483
BERKLEY 5,227,756 0 743,854 31,129 22,071
BERLIN 513,086 0 247,316 6,645 4,712
BERNARDSTON 0 0 345,852 14,291 10,133
BEVERLY 6,488,508 2,452,442 4,741,621 145,745 103,338
BILLERICA 14,013,854 2,349,321 4,822,655 141,031 99,996
BLACKSTONE 113,342 0 1,467,122 39,097 27,721
BLANDFORD 42,767 0 154,032 6,227 4,415
BOLTON 5,473 0 240,338 9,629 6,828
BOSTON 209,359,140 164,211,152 70,589,023 1,899,148 1,346,561
BOURNE 4,642,898 352,555 1,449,186 47,828 33,911
BOXBOROUGH 1,314,629 0 307,421 11,740 8,324
BOXFORD 1,512,144 36,411 558,969 18,470 13,096
BOYLSTON 412,786 0 419,320 13,613 9,652
BRAINTREE 6,123,623 3,378,041 3,689,835 104,807 74,312
BREWSTER 832,464 0 483,871 16,915 11,993
BRIDGEWATER 91,416 0 3,919,452 133,223 94,460
BRIMFIELD 1,036,425 0 476,127 19,493 13,821
BROCKTON 115,781,919 4,310,392 21,427,385 672,454 476,793
BROOKFIELD 1,334,473 0 605,089 21,261 15,075
BROOKLINE 5,522,549 3,497,741 4,345,694 111,423 79,003
BUCKLAND 0 0 338,556 12,325 8,739
BURLINGTON 3,990,954 1,386,400 1,839,692 56,341 39,948
CAMBRIDGE 7,189,509 17,956,060 8,666,998 213,298 151,235
CANTON 2,853,484 878,002 1,761,264 58,373 41,388
CARLISLE 642,413 14,729 254,031 7,727 5,479
CARVER 9,669,251 0 1,788,612 61,741 43,777
CHARLEMONT 104,178 0 212,928 9,164 6,497
CHARLTON 0 0 1,585,440 58,014 41,134
CHATHAM 485,533 0 185,172 4,342 3,078
CHELMSFORD 7,341,290 2,535,342 3,722,180 111,372 78,966
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

CHELSEA 43,740,662 3,396,864 6,712,895 223,725 158,629
CHESHIRE 267,786 0 688,189 26,565 18,836
CHESTER 66,297 0 219,501 9,245 6,555
CHESTERFIELD 87,225 0 168,518 7,304 5,179
CHICOPEE 39,350,383 1,195,616 12,875,772 503,242 356,816
CHILMARK 0 0 4,582 144 102
CLARKSBURG 1,463,565 13,114 432,260 14,647 10,385
CLINTON 9,758,133 175,517 2,710,934 93,085 66,000
COHASSET 1,356,399 166,099 468,094 11,944 8,469
COLRAIN 0 0 310,583 13,243 9,390
CONCORD 1,615,174 383,959 1,045,180 26,472 18,770
CONWAY 557,947 0 218,000 9,066 6,428
CUMMINGTON 41,250 0 101,456 4,617 3,274
DALTON 176,604 0 1,232,841 44,431 31,503
DANVERS 3,869,398 1,118,972 2,383,985 76,956 54,564
DARTMOUTH 8,879,446 0 3,090,028 101,743 72,140
DEDHAM 3,393,018 1,550,298 2,482,673 67,860 48,115
DEERFIELD 892,561 0 588,227 19,384 13,744
DENNIS 0 0 667,364 22,676 16,078
DEVENS 328,000 0 0 0 0
DIGHTON 0 0 851,735 29,270 20,754
DOUGLAS 6,921,866 0 891,302 35,479 25,156
DOVER 380,848 0 235,777 6,564 4,654
DRACUT 14,895,163 0 4,290,188 139,467 98,887
DUDLEY 0 0 1,888,107 67,891 48,137
DUNSTABLE 0 30,076 253,795 10,260 7,275
DUXBURY 2,980,077 0 1,087,538 30,786 21,828
EAST BRIDGEWATER 9,927,853 0 1,830,270 62,777 44,511
EAST BROOKFIELD 103,832 0 330,941 10,612 7,524
EAST LONGMEADOW 4,472,841 0 1,766,653 70,511 49,995
EASTHAM 264,071 0 182,616 6,227 4,415
EASTHAMPTON 7,189,699 108,874 3,335,028 118,230 83,830
EASTON 8,053,016 0 2,679,163 92,678 65,712
EDGARTOWN 352,967 28,507 53,694 1,496 1,061
EGREMONT 0 0 77,296 2,493 1,768
ERVING 273,463 13,150 69,372 1,759 1,247
ESSEX 0 33,828 267,121 7,373 5,228
EVERETT 22,774,563 4,084,357 4,434,150 159,682 113,220
FAIRHAVEN 6,998,068 391,434 2,380,222 72,310 51,270
FALL RIVER 89,336,960 2,290,951 27,001,554 881,307 624,877
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

FALMOUTH 4,544,299 0 1,699,587 56,103 39,779
FITCHBURG 38,443,683 214,811 10,238,447 349,270 247,644
FLORIDA 469,492 0 60,898 1,899 1,346
FOXBOROUGH 7,286,788 0 1,826,396 54,109 38,365
FRAMINGHAM 9,887,237 4,697,500 7,557,866 233,875 165,825
FRANKLIN 25,085,774 0 3,021,144 102,229 72,484
FREETOWN 1,209,832 0 1,164,825 37,472 26,569
GARDNER 18,500,271 120,747 5,061,766 182,017 129,056
GEORGETOWN 3,990,535 52,998 824,959 26,899 19,073
GILL 0 0 259,945 8,785 6,229
GLOUCESTER 5,598,636 1,923,054 3,004,352 86,141 61,077
GOSHEN 55,786 0 97,451 4,365 3,095
GOSNOLD 16,214 1,962 641 20 14
GRAFTON 6,437,968 0 1,911,630 64,693 45,869
GRANBY 3,750,528 0 1,079,257 41,166 29,188
GRANVILLE 1,297,058 0 195,141 8,833 6,263
GREAT BARRINGTON 0 0 930,647 28,935 20,516
GREENFIELD 8,891,327 0 3,883,946 141,499 100,328
GROTON 0 0 939,545 36,020 25,540
GROVELAND 0 0 779,771 24,417 17,313
HADLEY 656,467 138,341 419,142 16,011 11,353
HALIFAX 2,405,084 0 1,111,847 36,250 25,702
HAMILTON 0 42,887 744,868 24,590 17,435
HAMPDEN 0 0 764,821 29,140 20,661
HANCOCK 181,323 17,638 51,583 2,284 1,620
HANOVER 5,205,145 1,326,394 1,288,617 41,012 29,079
HANSON 29,933 0 1,437,463 39,778 28,204
HARDWICK 8,503 3,228 493,270 18,188 12,896
HARVARD 1,282,533 55,090 1,779,682 15,250 10,813
HARWICH 1,494,751 0 527,679 17,519 12,422
HATFIELD 708,506 0 381,771 13,004 9,220
HAVERHILL 32,773,254 2,503,145 9,565,361 318,773 226,021
HAWLEY 19,486 12,924 39,884 1,802 1,277
HEATH 0 0 95,301 4,710 3,340
HINGHAM 3,569,540 334,151 1,606,448 47,030 33,346
HINSDALE 80,087 0 259,650 9,246 6,556
HOLBROOK 4,491,369 4,757 1,806,380 50,540 35,835
HOLDEN 0 0 2,095,744 75,095 53,245
HOLLAND 785,360 0 246,159 10,826 7,676
HOLLISTON 6,205,322 412,300 1,490,322 46,591 33,034
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

HOLYOKE 64,553,282 606,646 11,818,770 425,072 301,391
HOPEDALE 5,546,095 0 797,688 26,886 19,063
HOPKINTON 5,226,841 120,287 839,794 32,708 23,191
HUBBARDSTON 0 0 487,597 22,806 16,171
HUDSON 5,892,407 0 2,442,532 73,018 51,772
HULL 3,753,124 1,388,549 1,232,908 31,045 22,012
HUNTINGTON 143,610 0 403,493 15,774 11,184
IPSWICH 2,156,499 775,432 1,204,484 36,020 25,539
KINGSTON 3,372,477 0 1,173,911 42,885 30,407
LAKEVILLE 2,281,613 0 998,981 38,516 27,309
LANCASTER 0 0 1,015,583 28,444 20,168
LANESBOROUGH 543,845 0 423,018 12,895 9,143
LAWRENCE 121,972,947 190,699 23,874,868 801,677 568,417
LEE 1,661,335 0 762,488 21,634 15,339
LEICESTER 9,215,862 0 2,127,054 71,387 50,616
LENOX 1,127,308 72,146 584,604 12,560 8,905
LEOMINSTER 33,671,090 11,693 6,988,649 256,261 181,698
LEVERETT 236,843 0 218,817 7,604 5,392
LEXINGTON 5,584,362 0 1,876,266 55,830 39,586
LEYDEN 0 0 98,930 4,355 3,088
LINCOLN 504,172 292,012 546,644 15,189 10,770
LITTLETON 1,698,050 164,924 706,463 23,857 16,915
LONGMEADOW 3,652,191 0 1,706,932 60,840 43,138
LOWELL 110,669,316 6,340,746 24,601,241 823,670 584,010
LUDLOW 10,117,179 0 3,724,781 154,242 109,363
LUNENBURG 3,964,046 0 1,295,240 41,336 29,309
LYNN 102,717,496 9,477,523 18,084,277 607,557 430,779
LYNNFIELD 2,022,094 362,288 917,435 28,117 19,936
MALDEN 34,291,515 5,586,730 9,878,824 279,803 198,390
MANCHESTER 0 0 273,033 6,778 4,806
MANSFIELD 13,645,669 725,040 2,009,312 83,207 58,997
MARBLEHEAD 3,768,343 39,403 1,357,230 38,320 27,170
MARION 354,411 0 276,448 9,130 6,473
MARLBOROUGH 6,788,420 2,728,327 3,971,938 136,926 97,085
MARSHFIELD 13,347,941 202,756 2,457,248 72,686 51,537
MASHPEE 4,036,636 0 446,639 24,538 17,398
MATTAPOISETT 484,690 0 497,588 14,643 10,383
MAYNARD 2,364,569 586,886 1,346,778 39,668 28,126
MEDFIELD 4,984,666 744,614 1,042,026 32,735 23,210
MEDFORD 10,533,494 6,432,448 8,206,613 208,090 147,543
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

MEDWAY 7,243,415 187,002 1,307,124 47,528 33,699
MELROSE 5,297,808 2,704,187 3,628,787 97,116 68,859
MENDON 6,332 0 498,814 19,446 13,788
MERRIMAC 0 0 891,989 27,848 19,745
METHUEN 32,730,306 163,026 6,496,234 219,960 155,959
MIDDLEBOROUGH 16,144,677 0 3,019,945 101,517 71,979
MIDDLEFIELD 0 0 64,636 3,198 2,268
MIDDLETON 1,280,841 126,570 540,113 27,474 19,480
MILFORD 10,786,620 0 3,739,705 115,939 82,205
MILLBURY 6,333,522 0 2,171,026 72,380 51,320
MILLIS 1,976,894 320,940 966,349 29,861 21,173
MILLVILLE 7,541 0 436,487 16,022 11,360
MILTON 3,627,393 1,245,145 2,715,374 73,544 52,145
MONROE 55,946 13,927 8,805 284 202
MONSON 7,048,134 0 1,594,296 60,273 42,735
MONTAGUE 0 0 1,544,040 57,294 40,623
MONTEREY 0 12,538 42,182 1,288 913
MONTGOMERY 13,387 0 100,521 3,364 2,385
MOUNT WASHINGTON 31,829 33,286 3,947 133 94
NAHANT 390,199 125,393 340,578 8,719 6,182
NANTUCKET 898,930 0 96,959 3,382 2,398
NATICK 4,472,985 1,942,474 2,756,411 79,376 56,280
NEEDHAM 4,139,779 205,993 1,935,797 59,899 42,470
NEW ASHFORD 147,622 7,313 17,429 1,089 772
NEW BEDFORD 103,858,747 716,255 27,531,972 842,608 597,438
NEW BRAINTREE 0 0 145,340 5,757 4,082
NEW MARLBOROUGH 0 0 71,466 2,731 1,936
NEW SALEM 0 0 125,117 5,426 3,847
NEWBURY 0 0 555,628 18,473 13,098
NEWBURYPORT 3,014,816 1,380,057 1,770,274 47,705 33,824
NEWTON 10,451,394 1,377,012 5,847,561 164,121 116,367
NORFOLK 3,312,804 0 1,173,639 38,587 27,360
NORTH ADAMS 13,599,286 185,853 5,250,381 169,161 119,941
NORTH ANDOVER 4,452,427 120,549 2,385,707 87,259 61,870
NORTH ATTLEBOROUGH 19,065,397 0 3,525,524 114,919 81,482
NORTH BROOKFIELD 4,218,993 0 976,112 31,151 22,087
NORTH READING 4,744,809 945,499 1,244,112 37,456 26,557
NORTHAMPTON 6,867,790 577,922 4,814,888 155,834 110,492
NORTHBOROUGH 2,599,798 61,111 1,302,735 44,711 31,701
NORTHBRIDGE 13,232,479 3,071 2,590,732 71,067 50,389
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

NORTHFIELD 0 0 386,063 14,983 10,623
NORTON 12,078,306 0 2,543,776 87,564 62,086
NORWELL 2,100,302 541,079 780,856 22,978 16,292
NORWOOD 3,843,459 2,665,880 3,073,863 91,744 65,050
OAK BLUFFS 508,897 0 89,078 3,042 2,157
OAKHAM 73,013 0 234,057 10,386 7,364
ORANGE 4,944,048 2,115 1,977,177 67,783 48,060
ORLEANS 221,994 0 210,858 5,918 4,196
OTIS 0 0 44,288 2,203 1,562
OXFORD 8,802,562 0 2,520,812 77,993 55,300
PALMER 10,744,639 0 2,448,308 98,077 69,540
PAXTON 0 0 570,919 20,166 14,298
PEABODY 19,160,441 3,140,276 5,749,219 173,030 122,684
PELHAM 134,123 0 194,362 7,480 5,303
PEMBROKE 9,943,003 0 2,056,723 69,014 48,933
PEPPERELL 8,263 0 1,564,059 53,389 37,855
PERU 71,487 0 135,955 5,440 3,857
PETERSHAM 397,819 0 139,758 5,373 3,810
PHILLIPSTON 0 4,386 213,184 8,912 6,319
PITTSFIELD 31,146,316 880,284 9,691,261 343,648 243,658
PLAINFIELD 30,653 0 61,244 2,771 1,965
PLAINVILLE 2,515,694 0 928,833 31,630 22,427
PLYMOUTH 18,271,751 0 4,792,155 177,015 125,510
PLYMPTON 485,173 0 290,253 9,638 6,834
PRINCETON 0 0 361,795 11,933 8,461
PROVINCETOWN 253,625 22,181 148,685 2,790 1,978
QUINCY 13,104,569 11,567,002 12,015,654 349,001 247,454
RANDOLPH 11,214,804 1,825,854 4,569,697 145,626 103,254
RAYNHAM 0 0 1,390,398 51,626 36,605
READING 6,939,462 1,534,901 2,461,971 71,628 50,787
REHOBOTH 0 0 1,147,585 41,273 29,264
REVERE 27,264,279 5,334,444 7,352,186 233,272 165,398
RICHMOND 323,359 0 132,826 3,909 2,771
ROCHESTER 1,379,595 0 519,106 18,876 13,384
ROCKLAND 9,344,765 394,336 2,852,308 86,539 61,359
ROCKPORT 1,212,383 0 535,965 16,493 11,694
ROWE 37,019 0 4,791 128 90
ROWLEY 0 114,232 548,001 18,402 13,048
ROYALSTON 0 0 196,637 8,584 6,086
RUSSELL 111,226 0 296,507 12,184 8,639
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

RUTLAND 9,503 0 998,712 40,147 28,465
SALEM 11,355,975 3,298,731 5,187,791 185,974 131,862
SALISBURY 0 0 773,500 27,855 19,750
SANDISFIELD 0 0 42,223 1,930 1,368
SANDWICH 5,851,276 88,406 1,288,162 54,846 38,887
SAUGUS 3,760,325 1,784,087 2,735,211 86,192 61,113
SAVOY 495,439 13,801 128,020 4,936 3,500
SCITUATE 3,743,923 875,037 1,607,467 43,695 30,981
SEEKONK 3,218,728 0 1,507,135 52,089 36,933
SHARON 6,503,062 62,495 1,652,427 52,698 37,365
SHEFFIELD 14,094 11,938 285,542 11,105 7,874
SHELBURNE 0 0 317,279 10,819 7,671
SHERBORN 342,359 20,951 244,666 7,526 5,336
SHIRLEY 4,127,176 185,558 1,422,754 49,897 35,378
SHREWSBURY 15,513,341 298,861 3,107,117 116,013 82,257
SHUTESBURY 527,405 0 206,641 9,262 6,567
SOMERSET 2,959,553 0 1,874,757 73,543 52,144
SOMERVILLE 19,801,943 16,219,924 13,722,067 349,641 247,908
SOUTH HADLEY 5,706,569 20,214 3,173,547 113,146 80,225
SOUTHAMPTON 2,388,050 0 776,188 33,141 23,498
SOUTHBOROUGH 2,608,779 0 533,473 19,473 13,807
SOUTHBRIDGE 14,381,813 0 4,305,384 148,722 105,449
SOUTHWICK 0 0 1,390,432 53,138 37,677
SPENCER 40,959 0 2,397,238 70,755 50,168
SPRINGFIELD 230,987,712 1,829,496 44,382,546 1,789,838 1,269,057
STERLING 0 0 841,321 28,718 20,362
STOCKBRIDGE 0 0 122,242 3,347 2,373
STONEHAM 2,951,823 2,028,958 2,557,667 73,979 52,454
STOUGHTON 9,817,542 103,134 3,829,351 107,547 76,255
STOW 0 6,974 508,164 16,265 11,533
STURBRIDGE 1,261,791 0 947,473 35,146 24,919
SUDBURY 3,596,066 641,561 1,081,559 35,123 24,904
SUNDERLAND 818,468 0 617,563 24,945 17,687
SUTTON 4,967,333 0 954,596 34,056 24,147
SWAMPSCOTT 2,170,144 352,328 1,237,915 40,141 28,461
SWANSEA 4,341,701 0 2,304,948 76,074 53,939
TAUNTON 41,552,999 0 10,322,474 316,094 224,121
TEMPLETON 0 0 1,483,537 50,485 35,795
TEWKSBURY 12,423,368 0 3,409,965 100,579 71,314
TISBURY 318,517 0 120,556 3,399 2,410
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

TOLLAND 0 9,864 10,785 688 488
TOPSFIELD 911,222 253,284 501,895 15,329 10,868
TOWNSEND 8,041 0 1,428,965 48,825 34,619
TRURO 221,775 0 36,861 1,242 881
TYNGSBOROUGH 6,795,399 0 1,179,149 45,042 31,936
TYRINGHAM 30,193 0 15,572 479 340
UPTON 7,316 0 599,353 20,058 14,222
UXBRIDGE 9,214,089 0 1,685,644 52,560 37,267
WAKEFIELD 4,263,119 1,438,080 2,714,232 74,270 52,660
WALES 618,207 0 288,113 11,196 7,938
WALPOLE 5,350,679 883,775 2,251,545 68,565 48,615
WALTHAM 6,381,600 5,458,868 6,385,718 189,311 134,228
WARE 7,524,143 15,257 2,096,179 77,417 54,892
WAREHAM 11,523,094 0 2,430,445 70,744 50,160
WARREN 500,933 0 958,156 40,335 28,599
WARWICK 0 28,890 110,506 4,700 3,332
WASHINGTON 19,887 23,752 81,444 2,619 1,857
WATERTOWN 2,708,572 4,427,251 3,470,628 91,707 65,023
WAYLAND 2,553,258 280,373 830,764 25,262 17,911
WEBSTER 8,015,190 62,006 2,971,922 103,627 73,475
WELLESLEY 3,524,076 96,838 1,494,079 38,317 27,168
WELLFLEET 116,426 0 71,840 1,968 1,395
WENDELL 0 25,534 179,008 8,122 5,759
WENHAM 0 139,794 386,306 11,664 8,270
WEST BOYLSTON 2,716,905 67,754 905,694 35,963 25,499
WEST BRIDGEWATER 1,724,482 47,212 755,272 23,534 16,687
WEST BROOKFIELD 234,848 0 580,664 21,901 15,529
WEST NEWBURY 0 0 344,207 10,878 7,713
WEST SPRINGFIELD 15,002,788 0 4,368,789 176,723 125,303
WEST STOCKBRIDGE 0 0 119,333 3,219 2,283
WEST TISBURY 0 182,434 44,299 1,615 1,145
WESTBOROUGH 3,000,575 145,058 1,270,967 47,631 33,772
WESTFIELD 31,593,729 0 7,682,345 301,757 213,956
WESTFORD 12,715,589 895,514 1,716,670 60,783 43,097
WESTHAMPTON 322,910 0 177,092 6,814 4,832
WESTMINSTER 0 0 787,130 29,063 20,607
WESTON 1,600,829 0 458,341 12,924 9,163
WESTPORT 4,139,254 0 1,494,508 43,226 30,649
WESTWOOD 2,460,703 36,263 857,639 25,732 18,245
WEYMOUTH 20,540,680 2,424,084 8,314,524 218,782 155,124
 
* Funds distributed once requirements in section 81 have been met.

 
Municipality
 
 
Chapter 70
 
 
Additional
Assistance
 
 
 
Lottery
 
Housing
Incentive
Program*
 
Community
Policing
Grants

WHATELY 90,409 0 163,294 6,641 4,709
WHITMAN 126,320 0 2,568,143 74,578 52,878
WILBRAHAM 0 0 1,637,493 65,326 46,318
WILLIAMSBURG 366,637 0 371,091 11,536 8,179
WILLIAMSTOWN 915,931 0 1,169,507 38,654 27,407
WILMINGTON 4,398,607 1,254,452 1,805,824 64,990 46,080
WINCHENDON 10,262,857 25,366 2,030,858 77,427 54,899
WINCHESTER 3,412,310 344,404 1,474,745 40,636 28,812
WINDSOR 30,813 28,020 92,851 4,450 3,155
WINTHROP 4,822,217 2,287,531 2,921,294 76,374 54,152
WOBURN 4,992,813 3,586,952 3,801,532 114,420 81,128
WORCESTER 163,913,656 11,809,090 39,228,845 1,427,970 1,012,480
WORTHINGTON 49,949 0 153,044 6,696 4,748
WRENTHAM 3,561,460 0 1,142,645 34,574 24,514
YARMOUTH 0 0 1,545,499 54,262 38,474
Total Municipal Aid 2,883,934,179 378,517,988 920,028,283 30,000,000 21,271,035

* Funds distributed once requirements in section 81 have been met.


 
Regional School District Chapter 70        

 
ACTON BOXBOROUGH 4,582,220        
ADAMS CHESHIRE 9,726,188        
AMHERST PELHAM 9,636,608        
ASHBURNHAM WESTMINSTER 9,322,608        
ASSABET VALLEY 2,714,992        
ATHOL ROYALSTON 16,974,840        
BERKSHIRE HILLS 2,707,570        
BERLIN BOYLSTON 829,003        
BLACKSTONE MILLVILLE 10,433,497        
BLACKSTONE VALLEY 5,874,908        
BLUE HILLS 3,534,405        
BRIDGEWATER RAYNHAM 19,485,642        
BRISTOL COUNTY 2,471,820        
BRISTOL PLYMOUTH 8,029,371        
CAPE COD 1,898,443        
CENTRAL BERKSHIRE 8,015,184        
CHESTERFIELD GOSHEN 705,488        
CONCORD CARLISLE 1,622,521        
DENNIS YARMOUTH 6,331,550        
DIGHTON REHOBOTH 11,983,169        
DOVER SHERBORN 1,239,305        
DUDLEY CHARLTON 22,038,948        
ESSEX COUNTY 3,861,826        
FARMINGTON RIVER 377,609        
FRANKLIN COUNTY 3,082,058        
FREETOWN LAKEVILLE 6,781,859        
FRONTIER 2,731,801        
GATEWAY 5,721,093        
GILL MONTAGUE 6,187,219        
GREATER FALL RIVER 12,505,296        
GREATER LAWRENCE 20,214,139        
GREATER LOWELL 19,167,523        
GREATER NEW BEDFORD 20,146,489        
GROTON DUNSTABLE 10,452,458        
HAMILTON WENHAM 3,220,895        
HAMPDEN WILBRAHAM 10,128,301        
HAMPSHIRE 2,629,211        
HAWLEMONT 574,902        
KING PHILIP 6,658,203        
 

Regional School District Chapter 70        

 
LINCOLN SUDBURY 2,053,926        
MANCHESTER ESSEX 1,463,070        
MARTHAS VINEYARD 2,766,170        
MASCONOMET 4,702,247        
MENDON UPTON 10,690,758        
MINUTEMAN 2,204,744        
MOHAWK TRAIL 5,873,379        
MONTACHUSETT 10,414,280        
MOUNT GREYLOCK 1,686,401        
NARRAGANSETT 9,385,532        
NASHOBA 5,795,182        
NASHOBA VALLEY 2,004,700        
NAUSET 3,246,074        
NEW SALEM WENDELL 630,041        
NORFOLK COUNTY 757,445        
NORTH MIDDLESEX 19,508,890        
NORTH SHORE 1,550,211        
NORTHAMPTON SMITH 871,325        
NORTHBORO SOUTHBORO 2,262,366        
NORTHEAST METROPOLITAN 6,295,627        
NORTHERN BERKSHIRE 3,828,991        
OLD COLONY 2,911,777        
OLD ROCHESTER 1,635,144        
PATHFINDER 4,024,152        
PENTUCKET 13,029,809        
PIONEER 4,001,198        
QUABBIN 16,392,196        
QUABOAG 7,929,757        
RALPH C MAHAR 4,712,134        
SHAWSHEEN VALLEY 3,643,953        
SILVER LAKE 5,996,380        
SOUTH MIDDLESEX 2,342,123        
SOUTH SHORE 3,077,101        
SOUTHEASTERN 10,447,802        
SOUTHERN BERKSHIRE 1,760,677        
SOUTHERN WORCESTER 7,227,456        
SOUTHWICK TOLLAND 7,696,895        
SPENCER EAST BROOKFIELD 13,017,694        
TANTASQUA 7,361,521        
TRI COUNTY 4,198,990        
TRITON 8,220,615        
UPISLAND 766,055        
 

 
Regional School District Chapter 70        

 
UPPER CAPE COD 2,729,081        
WACHUSETT 15,768,023        
WHITMAN HANSON 22,193,023        
WHITTIER 4,983,350        
Total Regional Aid 568,657,427
 
Total Municipal and Regional Aid 3,452,591,606 378,517,988 920,028,283 30,000,000 21,271,035
 

Medicaid - Maximization of Third Party and Federal Revenue

SECTION 4.   Section 16 of chapter 6A of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding at the end the following paragraph:-

Notwithstanding any general or special law to the contrary, state agencies and direct and subcontracted providers of health-related services, including purchase-of-service providers financed from appropriation items for any state agency, shall maximize Title XIX and all other federal, state and private health insurance coverage available to offset costs to the commonwealth in compliance with the requirements herein. The agencies or providers shall collect information from clients, or from the parent or guardian of a minor receiving services, necessary to determine the extent to which clients may be eligible for medical assistance benefits under chapter 118E or are beneficiaries of any health insurance policy. The agency or provider shall forward client information collected under this section to the executive office of health and human services and such data shall only be used to match against available databases for the purpose of identifying all sources of potential payment for health services or health insurance coverage. As required or permitted by federal law, the executive office of health and human services shall return the results of any such data matches to the originating agency, which shall take the appropriate action to ensure that costs to the commonwealth are minimized. Such actions shall include, but not be limited to, the agency or provider billing or re-billing all verified third-party sources. The executive office for administration and finance may grant an agency or provider an exemption from this section for good cause. The executive office of health and human services and the operational services division within the executive office for administration and finance shall review regulations, contracting forms, service delivery reports and uniform financial reporting requirements to determine what changes are necessary for the successful implementation of this section.
 
 

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".
 
 

Alcoholic Beverage Control Commission Transfer to Public Safety

SECTION 6.   Section 18A 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".
 
 

Operational Services Division Renamed Division of Procurement

SECTION 7.   The General Laws shall be amended as follows:-

The term "division of procurement" shall be substituted for the term "operational services division" wherever it appears in sections 4A and 4L of chapter 7, in section 29G of chapter 29, in section 51 of chapter 30, and wherever else it appears in the General Laws.

In section 4A of chapter 7 the term "procurement" shall be substituted for the term "operational services" in the second sentence thereof, and the term "assistant secretary for procurement" shall be substituted for the term "assistant secretary for operational services" in the first sentence of subsection (a) thereof.

The term "chief procurement officer" shall be substituted for the term "state purchasing agent" and for the term "purchasing agent" wherever these terms appear in section 1, 6, 8, of chapter 5, in section 134 of chapter 6, in sections 4A, 15, 22, 22A, 22D, 22I, 25, 25A, 26, 27, 27A, 28, 29 of chapter 7, in section 24 of chapter 15A , in section 29G of chapter 29, in sections 35 and 52 of chapter 30, in section 15 of chapter 73, and wherever else it appears in the General Laws.
 
 

Inspector General Transfer

SECTION 8.   Subsection (a) of section 2 of chapter 7B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in line 5, the words "the inspector general" and inserting in place thereof the following words "the state auditor".
 
 

Inspector General Transfer

SECTION 9.   Chapter 11 of the General Laws, as so appearing, is hereby further amended by inserting the following:-

Section 7. The auditor shall act to prevent and detect fraud, waste, and abuse in the expenditure of public funds, whether state, federal, or local, or relating to programs and operations involving the sections, departments, offices, commissions, institutions, and activities of the commonwealth, including those districts, authorities, instrumentalities, or political subdivisions created by the general court and including cities and towns.

Section 8. The auditor may supervise, coordinate, and conduct audits and investigations when necessary, relating to programs and operations described in section 7. He shall review legislation and regulations relating to programs and operations described in said section 7 and shall make recommendations concerning the effect of such legislation or regulation on the prevention and detection of fraud, waste, and abuse. He may recommend policies which will assist in the prevention or detection of fraud, waste, or abuse. The person in charge of, or the governing body of, any public body described in said section 7, may request the assistance of the auditor with respect to implementation of any suggested policy. In that event the auditor may assign personnel to conduct, supervise, or coordinate such activity. He may recommend policies for the conduct, supervision, or coordination of relationships between state and county agencies and other state and local government agencies, federal agencies, and nongovernmental entities with respect to all matters relating to the prevention and detection of fraud, waste, and abuse in or relating to programs and activities described in said section 7.

Section 9. (a) The auditor may receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, and abuse in or relating to programs and operations described in section 7.
          (b) The auditor shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without written consent of said employee, unless the auditor determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the employee shall be notified in writing at least 7 days prior to such disclosure.
          (c) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to the auditor, unless the complaint was made or information disclosed with the knowledge that it was false or with willful disregard of its truth or falsity.

Section 10. In carrying out his duties and responsibilities, the auditor shall report to the attorney general, the United States Attorney, or both, whenever the auditor has reasonable grounds to believe there has been a violation of federal or state criminal law. Said attorney general shall institute appropriate further proceedings.
          The auditor shall refer audit or investigative findings to the state ethics commission, or to any other federal, state, or local agency that has an interest in said findings. Any referrals made under this section shall not be made public.
          In any case where the auditor has discovered fraudulent acts and believes that civil recovery proceedings may be appropriate, he shall refer the matter to the attorney general. The attorney general may institute whatever proceedings he deems appropriate, may refer the matter to another state or local agency, may retain the matter for further investigation, or may remand the matter to the auditor for further investigation.
 
 

Inspector General Transfer

SECTION 10.   Subsection (13) of section 5N of chapter 12 of the General Laws, as so appearing, is hereby amended by striking out in line 130 and line 133 the words "or from the inspector general"
 
 

Inspector General Transfer

SECTION 11.   Chapter 12A of the General Laws is hereby repealed.
 
 

Ed Reform #1

SECTION 12.   Section 55A of chapter 15 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking in lines 1 and 2, the words "educational quality" and replacing it with "district management"

and is further amended in line 3, by striking the words "but not subject to its control" and is further amended by striking in line 4, the words "provide an independent mechanism to verify the efforts of schools and" and replacing it with "verify the management efforts of"

and is further amended by striking lines 7 through 45, inclusive, and is further amended by striking in line 46, the word "council" and replacing it with the word "department" and is further amended by striking in line 54, the words "chairman of the council" and replacing it with the word "department"

and is further amended by striking lines 57 through 79, inclusive and replacing it with the following:-

The office shall have the following duties: (1) verify the accuracy of district reports by conducting or contracting for periodic program and fiscal audits, as necessary; (2) undertake diagnostic inspections of districts with turnaround schools to evaluate management practices and make recommendations to those school districts; and (3) provide reports on best district management practices and make recommendations to improve district management practices statewide to the governor, the board, and the General Court. The department will coordinate the office's audits, reports, and inspections with the department's other activities to minimize duplication.

and is further amended by striking in lines 86, 90, and 94 the word "council" and replace it with the word "department" and is further amended by striking in line 90, the word "its" and replace it with the words "the office's" and is further amended by striking line 96 and replacing it with "before October 1 of each year"
 
 

TAFDC Reform #1

SECTION 13.   Section 18A of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "shall impose the sanction required", and inserting in place thereof the words "is authorized to impose the sanctions permitted".
 
 

An Act Relative to District Engineering Inspectors

SECTION 14.   Section 6 of chapter 22 of the General Laws, as so appearing, is hereby amended in lines 6 and 7, by striking out the words "shall not be over forty-five years of age when first appointed, and".
 
 

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.
 
 

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.
 
 

Repeal of Fund

SECTION 17.   Section 2FF of chapter 29 of the General Laws, as so appearing, is hereby repealed. As of the effective date of this section, the comptroller shall transfer any remaining balance in the fund to the General Fund.
 
 

Establishment of the Medical Assistance Trust Fund

SECTION 18.   Said chapter 29, as so appearing, is hereby amended by adding the following:-

Section 2OOO. There shall be established on the books of the commonwealth the Medical Assistance Trust Fund, which shall be administered by the secretary of health and human services. Funds from this account may be expended for supplemental Medicaid payments to qualifying providers pursuant to an approved state plan or federal waiver. Amounts credited to the fund shall not be subject to further appropriation.
 
 

Inspector General Transfer

SECTION 19.   Subsection (b) of section 29F of said chapter 29, as so appearing, is hereby amended by striking out, in line 47, the following words "the inspector general,".
 
 

Inspector General Transfer

SECTION 20.   Subsection (d) of said section 29F of said chapter 29, as so appearing, is hereby amended by striking the final sentence of the second paragraph.
 
 

Inspector General Transfer

SECTION 21.   Paragraph (2) of subsection (b) of section 39R of chapter 30 of the General Laws, as so appearing, is hereby amended by striking out, in lines 66 and 67, the words "inspector general" and inserting in place thereof the following words "the state auditor".
 
 

Inspector General Transfer

SECTION 22.   Subsection (e) of said section 39R of said chapter 30, as so appearing, is hereby amended by striking out, in lines 121 and 125, the words "inspector general" and inserting in place thereof the following word "state auditor".
 
 

Assault Pay Reform

SECTION 23.   Section 58 of said chapter 30, as so appearing, is hereby amended by striking the fourth paragraph, and inserting in place thereof the following paragraph:-

          Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from the acts of violence of patients or prisoners in his or her custody, and who as a result of such injury would be entitled to benefits under sections 34 or 34A of said chapter 152, shall be paid the difference between his or her weekly cash benefits to which he or she would be entitled under said chapter 152 and his regular salary; or, under section 35 of chapter 152, shall be paid the difference between his or regular salary and the sum of the weekly cash benefits to which he or she would be entitled under said chapter 152 and an assigned or agreed upon earning capacity. Employees who are separated from employment for any reason, including but not limited to, resignation, termination, or retirement, shall not be entitled to payments under this section. In addition, employees who refuse to meet with or participate in vocational rehabilitation pursuant to section 30G of chapter 152 shall not be entitled to payments under this section. Any benefit provided by this section shall not pay the employee more than his or her regular base net pay as stated on their last payroll statement prior to the injury, minus an assigned or agreed upon earning capacity, if applicable. To the extent benefits provided by this section are excluded from federal gross income, they shall be added back to the recipient's Massachusetts gross income for purposes of chapter 62.
 
 

Inspector General Transfer

SECTION 24.   Paragraph (33) of subsection (b) of section 1 of chapter 30B of the General Laws, as so appearing, is hereby amended by striking out, in line 97, the words "inspector general" and inserting in place thereof the following words "state auditor".
 
 

Online Municipal Procurement Notices

SECTION 25.   Subsection (c) of section 5 of said chapter 30B, as so appearing, is hereby amended in the first sentence of clause (5) by inserting, after the words "governmental body", the following words "or, in the alternative, on a public internet web site of either the governmental body or of the Commonwealth".
 
 

Inspector General Transfer

SECTION 26.   Said subsection (c) of said section 5 of said chapter 30B, as so appearing, is hereby further amended by striking out, in lines 55 and 56, the words " the inspector general".
 
 

Inspector General Transfer

SECTION 27.   Section 17(d) of said chapter 30B, as so appearing, is hereby repealed.
 
 

Inspector General Transfer

SECTION 28.   Section 19 of said chapter 30B, as so appearing, is hereby amended by striking out the last sentence.
 
 

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.
 
 

Municipal GIC

SECTION 30.   Chapter 32B of the General Laws, as so appearing, is hereby amended by adding the following:-

Section 3B. (a) Upon acceptance of this section as hereinafter provided, a governmental unit shall establish and maintain a committee, known as the group insurance committee. Said committee will be comprised of 7 members as follows: 4 persons to be appointed by the appropriate public authority, 2 persons to be elected by organizations of the governmental unit's employees, and 1 person who shall be a retiree of the governmental unit and who shall be appointed to membership on such committee by the appropriate public authority. Four members of the committee shall constitute a quorum. The committee may act upon a majority vote of a quorum at any meeting held in conformity with section 23B of chapter 39.

(b) The group insurance committee shall have plenary authority to require changes in the design of any and all group general or blanket hospital, surgical, medical, dental and other health insurance plans, including the services of a health care organization, and including coverage offered on a self-funded basis pursuant to sections 3A, 11 or 12; provided however that this authority shall not include adjustments to the municipality and employee premium contributions. The plan design changes that may be required may include, but not be limited to, changes to co-pay amounts and deductibles. Such changes as the group insurance committee requires shall be (1) effective as of the date voted by the committee, (2) not subject to any amendments by the appropriate public authority and (3) shall not be subject to collective bargaining pursuant to Chapter 150E.

(c)This section shall take effect in a county, city, town or district upon its acceptance in the following manner: in a county, by a vote of the county commissioners; in a city having a Plan D or a Plan E charter, by a majority vote of its city council and approved by the manager; in any other city by majority vote of its city council and approved by the mayor; in a town, by vote of the town meeting or town council; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting.
 
 

Setting Contribution Rates

SECTION 31.   Section 7A of said chapter 32B, as so appearing, is hereby amended by striking the last sentence in the first paragraph and inserting in place thereof the following:-

Notwithstanding any general or special law or collective bargaining agreement to the contrary, in the case of a city, the city council acting with the approval of the mayor subject to the charter of said city, in the case of a town having a town council, the town council, and in every other town, the town meeting, shall set its maximum total monthly premium contribution, but, no eligible employee shall be required to pay more than 50 per cent of the total monthly premium cost or rate. Subject to the above limitations, a governmental unit may provide different subsidiary or additional rates to any group or class within that unit.
 
 

Inspector General Transfer

SECTION 32.   Section 53F of chapter 44 of the General Laws, as so appearing, is hereby amended by striking out, in lines 51 and 52, the words "inspector general" and inserting in place thereof the following word "state auditor".
 
 

Tax Cut

SECTION 33.   Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-
          (b) Part B taxable income shall be taxed at the rate of 5.15 per cent.
 
 

Tax Cut Year Two

SECTION 34.   Said section 4 of said chapter 62, as so appearing, is hereby further amended by striking out paragraph (b) and inserting in place thereof the following paragraph:-
          (b) Part B taxable income shall be taxed at the rate of 5.0 per cent.
 
 

Ed Reform #2

SECTION 35.   Section 1A of chapter 69 of the General Laws, as so appearing, is hereby amended by striking lines 87 though 94, inclusive and replacing it with the following:-

The commissioner shall supervise the receiver of a school district declared to be chronically under-performing under section 1K and provide technical assistance. The commissioner shall also provide technical assistance to a school deemed to be in turnaround status or reconstituted status under section 1J.
 
 

Ed Reform #3

SECTION 36.   Section 1B of said chapter 69, as so appearing, is hereby amended by striking lines 49 through 51, inclusive.
 
 

Ed Reform #4

SECTION 37.   Section 1J of said chapter 69, as so appearing, is hereby struck in its entirety and replaced with the following:

Section 1J. (a) The board shall deem a school a turnaround school:
(1)          If on or after September 1, 2006, for a period of three or more consecutive years, the school has failed to achieve adequate yearly progress in the aggregate in either English language arts or math or both, as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001;
(2)          if on or after January 1, 2006, the school was categorized as under-performing or chronically under-performing by the board; or
(3)          if on or after January 1, 2006, the school was categorized as in corrective action or in restructuring as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001;
(b) Notwithstanding any general or special law to the contrary, upon the board's notification to the school district that a school is in turnaround status the superintendent of schools shall have the authority to:

(1) remove the principal;
(2) reassign principals, teachers and staff within and among schools and district-based positions;
(3) authorize principals to dismiss a teacher with professional teacher status for good cause, provided that the teacher has received five school days written notice of the decision to terminate. The teacher with professional teacher status may seek review of a termination decision within five school days after receiving notice of his termination by filing a petition for expedited arbitration with the commissioner. An arbitrator shall be selected according to the procedures set forth in section 42 of chapter 71. In reviewing dismissal decisions, the arbitrator shall consider the principal's plan for improving the turnaround school and the qualities of the teachers needed to implement his plan. The arbitrator's decision shall be issued within ten school days from the completion of the hearing.
(4) increase the salary of or award bonuses to any principal or teacher assigned to the school.
(5) authorize the principal to require a teacher to pass a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents and a math section which shall demonstrate numeracy skills necessary for effective instruction; and (B) the subject matter knowledge for the certificate. If necessary the principal may require training.
(c) Notwithstanding section (a) a school district may petition the board of education to deem a school in their district a turnaround school. The board shall adopt regulations defining the minimum requirements when a school or school district has failed to improve the educational program provided to students served by the school or district and therefore eligible to be deemed in turnaround status.
(d) If for a period of two or more consecutive years, the turnaround school fails to achieve adequate yearly progress in the aggregate in English language arts or math or both, the board shall declare the school to be in reconstituted status. Upon such determination the turnaround school shall be reconstituted and the board shall issue a request for proposals to reconstitute under third party management. The school may reopen as a reconstituted charter school or the school may reopen under a performance contract between the board and a third party pursuant to regulations promulgated by the board.
 
 

Ed Reform #5

SECTION 38.   Section 1K of said chapter 69, as so appearing, is hereby amended by striking lines 1 through 6, and replacing it with the following:-
          Upon a finding by the board that 60 per cent of the students in a school district are in schools that are in turnaround status pursuant to section 1J of this chapter, the board

and said section is further amended by striking lines 31 and 32 and replacing it with the following:-

If after the imposition under this section or section 1J of this chapter, a school achieves adequate yearly progress for two years, in the aggregate in both English language arts and math as defined in the Massachusetts state plan pursuant to section 1111(b)(2) of the No Child Left Behind Act of 2001, or a school district has less than 40 per cent of its students in schools that are in turnaround status,

and said section is further amended by striking in lines 35 and 36 the words " or school district is no longer chronically under-performing" and replacing it with "should no longer be in turnaround status"

and said section is further amended by striking the last sentence.
 
 

Dual Enrollment

SECTION 39.   Said chapter 69, as so appearing, is hereby further amended by adding the following:

          Section 1O. (a) The board of higher education in consultation with the board of education and the president of the university of Massachusetts shall establish a discretionary grant program to be administered by the board of higher education, for the purpose of providing monies for public or private colleges to partner with high schools to offer dual enrollment programs or pilot early-college or middle-college programs in math and science courses:
(b) In order to receive grant funding the program must provide:
          (1) simultaneous high school credit and transferable college credit;
          (2) courses taught by college faculty and include some experience on a college campus;
          (3) programs that include early outreach to middle school students to promote preparation for college; and
          (4) such data as requested to the board of higher education that includes an evaluation plan.
(c) The board of higher education, in consultation with the board of education and the president of the university of Massachusetts shall promulgate such rules and regulations as necessary to implement this section.
 
 

Chapter 70 Reform

SECTION 40.   Chapter 70 of the General Laws, as so appearing, is hereby amended by striking out section 2 and inserting in place thereof the following:-

Section 2A. As used in this chapter and in chapters 15, 69 and 71, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Administration allotment", the amounts allotted within a district's foundation budget for administration in any fiscal year. The administration allotment shall be the sum of:

(a)          147.99 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)          296.00 dollars multiplied by the foundation full-day kindergarten enrollment, the foundation elementary enrollment, the foundation junior high/middle school enrollment, the foundation high school enrollment, the foundation English learner full-day enrollment and the foundation vocational enrollment; plus

(c)          2,042.96 dollars multiplied by the assumed in-school special education enrollment and the assumed tuitioned-out special education enrollment; plus

(d)          148.01 dollars multiplied by the foundation English learner pre-school enrollment and by the foundation English learner half-day kindergarten enrollment.
"Assumed in-school special education enrollment'', 3.75 per cent of total foundation enrollment in a district not counting vocational or preschool enrollment, plus 4.75 per cent of vocational enrollment.
"Assumed tuitioned-out special education enrollment'', 1 per cent of the total foundation enrollment in a district, not counting vocational or pre-school enrollment.
"Board'', the board of education.

"Classroom and specialist teachers allotment", the amount allotted within a district's foundation budget for classroom and specialist teachers in any fiscal year. The classroom and specialist teachers allotment shall be the sum of:

(a)          1,225.70 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)          2,451.39 dollars multiplied by the foundation full-day kindergarten enrollment; plus

(c)          2,451.37 dollars multiplied by the foundation elementary enrollment; plus

(d)          2,157.21 dollars multiplied by the foundation junior high/middle school enrollment; plus

(e)          3,172.36 dollars multiplied by the foundation high school enrollment; plus

(f)          6,741.28 dollars multiplied by the assumed in-school special education enrollment; plus

(g)          1,797.68 dollars multiplied by the foundation English learner pre-school enrollment and the foundation English learner half-day kindergarten enrollment; plus

(h)          3,595.34 dollars multiplied by the foundation English learner, full-day enrollment; plus

(i)          5,393.03 dollars multiplied by the foundation vocational enrollment; plus

(j)          2,157.22 dollars multiplied by the foundation low-income elementary enrollment; plus

(k)          1,617.91 dollars multiplied by the foundation low-income secondary enrollment.
"Commissioner'', the commissioner of the department of education.
"Department'', the department of education as established in section 1A of chapter 69.
"District'' or ""School district'', the school department of a city or town, and a regional school district.

"Employee benefits and fixed charges allotment", the amount allotted within a district's foundation budget for employee benefits and fixed charges. The employee benefits and fixed charges allotment shall be the sum of:

(a)          306.79 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)          613.58 dollars multiplied by the foundation full-day kindergarten enrollment; plus

(c)          613.59 multiplied by the foundation elementary enrollment; plus

(d)          583.41 dollars multiplied by foundation junior high/middle school enrollment; plus

(e)          560.52 dollars multiplied by the foundation high school enrollment; plus

(f)          2,585.33 dollars multiplied by the assumed in-school special education enrollment; plus

(g)          385.95 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus

(h)          771.89 dollars multiplied by the foundation English learner, full-day enrollment; plus

(i)          910.32 dollars multiplied by the foundation vocational enrollment; plus

(j)          223.88 dollars multiplied by the foundation low-income elementary enrollment and the foundation low-income secondary enrollment.

"Enrollment categories'', each student, including students enrolled in special education programs, and students attending a school in another district, pursuant to the provisions of section 12B of chapter 76, who resides in the district and who attends either a public school in that district or a school for which the district of residence pays tuition, shall be placed in one and only one of the following enrollment categories depending on the grade and program to which the student is assigned:

(a)"English learner enrollment, the number of students enrolled in English language learners programs established under chapter 71A but, in the case of an innovative program, only the English learner students, as defined in section 2 of chapter 71A, enrolled in such a program shall be considered in calculating English learner enrollment in a district.
(b) "Elementary enrollment'', number of students enrolled in grades one through five and not enrolled in English learner, or vocational programs in a district.
(c)"High school enrollment'', the number of students enrolled in grades nine through twelve and not enrolled in English learner, or vocational programs in a district.
(d)"Junior high/middle school enrollment'', the number of students enrolled in grades six through eight and not enrolled in English learner, or vocational programs in a district.
(e)"Kindergarten enrollment'', the number of students enrolled in kindergarten and not enrolled in English learner, or vocational programs in a district; provided, however, that in any district in which kindergarten students attend school for a full day, the foundation kindergarten enrollment used to calculate the foundation budget amount described in this section shall be two times the kindergarten enrollment number that would otherwise be used for said calculations if said district and all towns responsible for appropriating for said district so request.
(f)"Pre-school enrollment'', the number of students enrolled in pre-school programs run in connection with the special education program in a district. The foundation pre-school enrollment may not exceed twice the number of pre-school students enrolled under approved individual education plans.
(g)"Vocational enrollment'', the number of students enrolled in vocational, education programs or an agricultural school in a district.

"Foundation budget'', the sum of the administration allotment, instructional leadership allotment, classroom and specialist teachers allotment, other teaching services allotment, professional development allotment, instructional materials, equipment and technology allotment, guidance and psychological allotment, pupil services allotment, operations and maintenance allotment, employee benefits and fixed charges allotment and special education tuition allotment. The base year for calculating the foundation budget shall be fiscal year 2007. The base year foundation budget shall be calculated according to the formulas in this section using foundation enrollment as described in this section. For fiscal years thereafter, the foundation budget shall be the base year foundation budget, as adjusted for enrollment and for inflation as set forth in section three of this chapter.

"Foundation enrollment'', the student enrollment of a district in any fiscal year. The foundation enrollment is defined as the sum of foundation elementary, junior high/middle school, high school, English learner, and vocational enrollment plus one-half the sum of foundation pre-school and kindergarten enrollment, including students enrolled in the program for the elimination of racial imbalance under section 12A of chapter 76. By March first of each calendar year, the department shall certify the foundation enrollment for the next fiscal year as the actual enrollment as reported the previous October.

"Foundation inflation index'', in fiscal year 2007, the foundation inflation index shall equal 1.000. In fiscal year 2008 and in each fiscal year thereafter, the foundation inflation index shall equal the prior year's foundation inflation index multiplied by the minimum of (a) the ratio of the value of the implicit price deflator for state and local government purchases in the first quarter of the prior fiscal year to its value in the first quarter of the year two years prior, or (b) 1.045.

"Guidance and psychological allotment", the amount allotted within a district's foundation budget for guidance and psychological services. The guidance and psychological allotment shall be the sum of:

(a)          89.18 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)          178.36 dollars multiplied by the foundation full-day kindergarten enrollment and the foundation elementary enrollment; plus

(c)          237.44 dollars multiplied by foundation junior high/middle school enrollment and the foundation English learner, full-day enrollment; plus

(d)          297.64 dollars multiplied by the foundation high school enrollment and the foundation vocational enrollment; plus

(e)          118.72 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment.

"Instructional leadership allotment", the amounts allotted within a district's foundation budget for instructional leadership in any fiscal year. The instructional leadership allotment shall be the sum of:

(a)          267.31 dollars multiplied by the foundation pre-school enrollment, the foundation half-day kindergarten enrollment, the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus

(b)          534.61 dollars multiplied by the foundation full-day kindergarten enrollment, the foundation elementary enrollment, the foundation junior high/middle school enrollment, the foundation high school enrollment, the foundation English learner, full-day enrollment and the foundation vocational enrollment.

"Instructional materials, equipment and technology allotment", the amount allotted within a district's foundation budget for instructional materials, equipment and technology. The instructional materials, equipment and technology allotment shall be the sum of:

(a)          177.40 dollars multiplied by the foundation pre-school enrollment, the foundation half-day kindergarten enrollment, the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus

(b)          354.80 dollars multiplied by the foundation full-day kindergarten enrollment, the foundation elementary enrollment, the foundation junior high/middle school enrollment and the foundation English learner, full-day enrollment; plus

(c)          567.69 dollars multiplied by the foundation high school enrollment; plus

(d)          283.84 dollars multiplied by the assumed in-school special education enrollment; plus

(e)          993.45 dollars multiplied by the foundation vocational enrollment.

"Low-income enrollment'', the number of children attending school in a district regardless of residence or tuition-paying status, who are eligible for free or reduced-cost lunches under eligibility guidelines promulgated by the federal government under 42 USC 1758. A low-income child or student is a child who meets these eligibility standards. In determining the total number of low-income students, the department shall use the preceding year's actual number of low-income elementary, junior high/middle school, high school, bilingual, and vocational students, and one-half the preceding year's actual number of low-income kindergarten and pre-school students.

"Municipal foundation budget", a city or town's local district's foundation budget plus the sum of its share of the foundation budgets at regional districts or at agricultural schools of which it is a member. A city or town's share of the foundation budget at regional districts or at agricultural schools shall be based upon its share of the total foundation enrollment from all member municipalities at those districts and schools.

"Operations and maintenance allotment", the amount allotted within a district's foundation budget for operations and maintenance. The operations and maintenanceallotment shall be the sum of:

(a)340.36 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)680.71 dollars multiplied by the foundation full-day kindergarten enrollment and the foundation elementary enrollment; plus

(c)737.99 dollars multiplied by foundation junior high/middle school enrollment; plus

(d)715.55 dollars multiplied by the foundation high school enrollment; plus

(e)2,282.09 dollars multiplied by the assumed in-school special education enrollment; plus

(f)460.78 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus

(g)921.56 dollars multiplied by the foundation English learner, full-day enrollment; plus

(h)1,339.18 dollars multiplied by the foundation vocational enrollment; plus

(i)340.61 dollars multiplied by the foundation low-income elementary enrollment and the foundation low-income secondary enrollment.

"Other teaching services allotment", the amount allotted within a district's foundation budget for other teaching services. The other teaching services allotment shall be the sum of:

(a)314.36 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)628.72 dollars multiplied by the foundation full-day kindergarten enrollment and the foundation elementary enrollment; plus

(c)452.59 dollars multiplied by the foundation junior high/middle school enrollment; plus

(d)376.79 dollars multiplied by the foundation high school enrollment and the foundation vocational enrollment; plus

(e)6,294.23 dollars multiplied by the assumed in-school special education enrollment; plus

(f)31.22 dollars multiplied by the assumed tuitioned-out special education enrollment; plus

(g)          251.37 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus

(h)502.73 dollars multiplied by the foundation English learner, full-day enrollment.

"Professional development allotment", the amount allotted within a district's foundation budget for professional development. The professional development allotment shall be the sum of:

(a)          48.49 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)96.99 dollars multiplied by the foundation full-day kindergarten enrollment; plus

(c)97.01 dollars multiplied by the foundation elementary enrollment; plus

(d)105.17 dollars multiplied by the foundation junior high/middle school enrollment; plus

(e)101.97 dollars multiplied by the foundation high school enrollment; plus

(f)325.20 dollars multiplied by the assumed in-school special education enrollment; plus

(g)65.66 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment; plus

(h)          131.32 dollars multiplied by the foundation English learner, full-day enrollment; plus

(i)          168.58 dollars multiplied by the foundation vocational enrollment; plus

(j)          48.54 dollars multiplied by the foundation low-income elementary enrollment and the foundation low-income secondary enrollment.

"Pupil services allotment", the amount allotted within a district's foundation budget for pupil services. The pupil services allotment shall be the sum of:

(a)35.48 dollars multiplied by the foundation pre-school enrollment and the foundation half-day kindergarten enrollment; plus

(b)70.97 dollars multiplied by the foundation full-day kindergarten enrollment; plus

(c)106.45 dollars multiplied by the foundation elementary enrollment and the foundation English learner, full-day enrollment; plus

(d)173.86 dollars multiplied by foundation junior high/middle school enrollment; plus

(e)400.92 dollars multiplied by the foundation high school enrollment and the foundation vocational enrollment; plus

(f)53.23 dollars multiplied by the foundation English learner, pre-school enrollment and the foundation English learner, half-day kindergarten enrollment.

"Special education tuition allotment", the amount allotted within a district's foundation budget for special education tuition. The special education tuition allotment shall be the sum of 19,396.88 dollars multiplied by the assumed tuitioned-out special education enrollment.
"Wage adjustment factor'', an adjusted difference between the average annual wage for all jobs in the labor market area in which a municipality is located and the average annual wage in the commonwealth. Average annual wage figures shall be published annually by the division of employment and training. The wage adjustment factor shall be the sum of one plus a fraction, the numerator of which shall be the product of one-third and the difference resulting from subtracting the average annual wage in the commonwealth from the average annual wage of the community; and the denominator of which shall be the average annual wage in the commonwealth.
For the purposes of this section, the average annual wage of the community shall be the sum of:
(a)eight-tenths multiplied by the average annual wage for all jobs in the labor market area in which the municipality is located; plus
(b)two-tenths multiplied by the average annual wage of the municipality; provided, however, that in any community the wage adjustment factor shall not be less than one.

Section 2B. As used in this chapter and in chapters 15, 69 and 71, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Chapter 70 aid", the greater of a district's foundation aid and its growth aid.

"Combined effort yield", the sum of a municipality's equalized property valuation multiplied by its uniform property percentage plus its income multiplied by its uniform income percentage.

"Effort reduction percentage", the percentage of excess effort to be reduced in any given year, applied uniformly to each municipality with excess effort in the calculation of required local contribution in any given year, which shall be 20 per cent in fiscal year 2007.

"Equalized property valuation'', the annual equalized property valuation for a municipality as determined by the department of revenue pursuant to the provisions of sections 9, 10 and 10C of chapter 58.

"Excess effort", the positive difference, if any, between a municipality's target local contribution and its preliminary contribution.

"Foundation aid", the positive difference between a district's foundation budget and its required district contribution.

"General revenue sharing aid'', the amount of assistance from the commonwealth to be received by a city or town in a fiscal year from the following local aid programs: (1) payments in lieu of taxes for state-owned lands distributed pursuant to section 17 of chapter 58, (2) the distribution to cities and towns of the balance of the State Lottery Fund in accordance with the provisions of clause (c) of section 35 of chapter 10, and (3) additional assistance, so-called, as distributed pursuant to section 18E of chapter 58.

"Growth aid", the sum of a district's (a) prior year's chapter 70 aid and (b) target aid share multiplied by the change in the district's foundation budget between the prior year and the current year.

"Income", total income from all sources as reported by residents of a municipality on income tax returns submitted to the Massachusetts department of revenue for the most recent available calendar year.

"Income percentage", the uniform percentage of each municipality's total income which yields one-half of the statewide total of combined efforts yields in any fiscal year.


"Maximum local contribution", 88 per cent of a municipality's foundation budget.

"Municipal revenue growth factor'', the change in local general revenues calculated by subtracting one from the quotient calculated by dividing the sum of (1) the maximum levy for the fiscal year estimated by multiplying the levy limit of the prior fiscal year by a factor equal to one hundred two and one-half per cent plus the average of the percentage increases in the levy limit due to new growth adjustments over the last three available years as certified by the department of revenue or as otherwise estimated by the division of local services of the department of revenue where it appears that a municipality may not be entitled to increase its minimum levy limit by two and one-half per cent; provided, however, that if the highest percentage during such three years exceeds the average of the other two years' percentages by more than two percentage points, then the lowest three of the last four years shall be used for such calculation; (2) the amount of general revenue sharing aid for the fiscal year; and (3) other budgeted recurring receipts not including user fees or other charges determined by said division of local services to be associated with the provision of specific municipal services for the prior fiscal year, by the sum of (1) the actual levy limit for the prior fiscal year; (2) the amount of general revenue sharing aid received for the prior fiscal year; and (3) other recurring receipts not including user fees or other charges determined by such division of municipal services to be associated with the provision of specific municipal services budgeted by the municipality for the fiscal year preceding the prior fiscal year, if any; provided, however, that for the purposes of this calculation, the levy limit shall exclude any amounts generated by overrides applicable to any year after the fiscal year ending June 30 1993; provided, further, that in the absence of an actual levy limit for the prior fiscal year, the actual levy limit for the prior fiscal year shall be estimated by multiplying the actual levy limit of the fiscal year preceding the prior fiscal year by a factor equal to one hundred two and one-half per cent plus the average of the percentage increases in the levy limit due to new growth as specified above; and, provided, further, that in making any of the calculations required by this definition, said division of local services may substitute more current information or such other information as would produce a more accurate estimate of the change in a municipality's general local revenues and the department shall use such growth factor to calculate preliminary contribution, required local contribution and any other factor that directly or indirectly uses the municipal growth factor.

"Net school spending'', the total amount spent for the support of public education, including teacher salary deferrals and tuition payments for children residing in the district who attend a school in another district or other approved facility, determined without regard to whether such amounts are regularly charged to school or non-school accounts by the municipality for accounting purposes; provided, however, that net school spending shall not include any spending for long term debt service, and shall not include spending for school lunches, or student transportation. Net school spending shall also not include tuition revenue or revenue from activity, admission, other charges or any other revenue attributable to public education. Such revenue will be made available to the school district which generated such revenue in addition to any financial resources made available by municipalities or state assistance. The department in consultation with the department of revenue shall promulgate regulations to ensure a uniform method of determining which municipal expenditures are appropriated for the support of public education and which revenues are attributable to public education in accordance with this section. The regulations shall include provisions for resolving disputes which may arise between municipal and school officials.

"Preliminary contribution", the product of (a) a municipality's required local contribution for the prior fiscal year, and (b) one plus the municipal revenue growth factor for the current year.

"Property percentage", the uniform percentage of each municipality's total equalized property valuation which yields one-half of the statewide total of combined effort yields in any fiscal year.

"Required local contribution", the municipality's preliminary contribution minus the product of its excess effort, if any, multiplied by the effort reduction percentage. The required municipal contribution shall be apportioned to each district to which the municipality belongs, in proportion to the municipality's foundation budget at those districts.

"Required district contribution", a local district's share of the municipality's required local contribution or, in a regional district or agricultural school, the sum of member municipalities' required local contributions apportioned to that regional district or agricultural school.

"Statewide target local share", the sum of all municipalities' target local contribution, as a percentage of the sum of all municipal foundation budgets, which shall be set at 60 per cent.

"Target aid share", for a local district, 100 per cent minus the municipality's target local share. For a regional district or agricultural school, the target aid share shall be 100 per cent minus each member municipality's target local share, multiplied by each municipality's share of the regional district's enrollment, summed for all members of the district.

"Target local contribution", the lesser of a municipality's combined effort yield and its maximum local contribution.

"Target local share", a municipality's target local contribution as a percentage of its municipal foundation budget.
 
 

Chapter 70 Reform

SECTION 41.   Section 3 of said chapter 70, as so appearing, is hereby amended by striking out lines 14 through 17 and inserting in place thereof the following:-

The factors to be inflated shall be the monetary values for the administration allotment, the instructional leadership allotment, the classroom and specialist teachers allotment, the other teaching services allotment, the professional development allotment, the guidance and psychological allotment, the pupil services allotment and the operations and maintenance allotment.
 
 

Chapter 70 Reform

SECTION 42.   Sections 5, 7, 9, 12, 13 and 14 of said chapter 70 are hereby repealed.
 
 

Chapter 70 Reform

SECTION 43.   Section 6 of said chapter 70, as so appearing, is hereby amended by striking out in line 6, the word "minimum" and is hereby further amended by striking out in line 8, the words "but not including equity aid".
 
 

Ed Reform #6

SECTION 44.   Section 8 of said chapter 70, as so appearing, is hereby amended by striking in lines 5 and 6, the words "under-performing or chronically under-performing" and replacing it with the words "in turnaround status or in reconstituted status".
 
 

Chapter 70 Reform

SECTION 45.   Section 10 of said chapter 70, as so appearing, is hereby amended by striking lines 3 and 4, and is further amended by striking in line 5 the following, "sions of this chapter" and replacing it with the following "with chapter 70 aid as defined in section 2B" and is further amended by striking the last sentence.
 
 

Ed Reform #8

SECTION 46.   Section 38 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking lines 19 through 73, inclusive, and replacing it with the following:-

(a) The superintendent, by means of comprehensive evaluation, shall cause the performance of all teachers, principals, and administrators within the school district to be evaluated. The board shall develop uniform performance standards and criteria to be used in evaluating teachers and shall develop rules and regulations to insure the use of these standards and criteria in the teacher evaluation process. The primary performance standard for all teachers shall be their contribution to student learning of content specified in the state's academic standards. School districts shall utilize performance standards and criteria adopted by the board, however, the standards and criteria used by the school districts are not limited to those adopted by the board and the school district may add other teacher performance standards, insofar as they serve as means toward the end of student learning.

(b)The main indicators of teacher performance shall be data on student learning, peer evaluations based on observations, and principal evaluations based on observation and other information available to the principal. Where possible, the data on student learning shall include the level and growth of student achievement provided by the department. Other data on student learning may also be included where appropriate. In evaluating the contribution of any teacher to student learning, due consideration will be given, where possible, to a student's achievement level prior to the student's assignment to the teacher. The department will develop data systems designed to measure growth in student learning, in grades and subjects where this is feasible, and provide this information to the school districts.

(c) No aspect of teacher performance standards, criteria, indicators, or procedures of evaluation shall be subject to collective bargaining.
(d) The results of such evaluations may be used in decisions to dismiss, demote or remove a teacher or administrator pursuant to section 42 of this chapter.
(e) The results of such evaluations shall be used in decisions by districts to award teachers a performance pay bonus, provided that they receive an exemplary evaluation, which includes strong evidence of growth in student learning.
(f) The results of such evaluations may be used by the superintendent to require teacher training.
(g) Performance pay bonuses may be awarded by the districts to teachers whose evaluations conducted pursuant to this section are exemplary; provided that no more than 33 per cent of teachers in each district shall qualify; provided further, that the state performance pay bonus share is conditional upon a district match of 50 per cent and that the match is not counted toward the district's minimum required local contribution; however the state will pay 100 per cent of the performance pay bonus if an award is being made to a teacher in a school that has been deemed in turnaround status pursuant to section 1J of chapter 69.
 
 

Ed Reform #7

SECTION 47.   Section 38G of chapter 71, as appearing in the 2004 Official Edition is hereby amended by inserting after line 70, the following paragraph:-

          To be eligible for certification as a provisional educator after January 1, 2007, the candidate shall (1) hold a bachelor's degree in arts or sciences from an accredited college or university with a major course in the arts or sciences appropriate to the instructional field; (2) pass a test established by the board which shall consist of two parts: (A) a writing section which shall demonstrate the communication and literacy skills necessary for effective instruction and improved communication between school and parents and a math section which shall demonstrate numeracy skills necessary for effective instruction; and; (B) the subject matter knowledge for the certificate; and (3) be of sound moral character. Candidates who complete the requirements in this paragraph shall be issued provisional educator certificates which will permit them to seek employment in teaching positions requiring instructional certification in districts which have an approved provisional educator preparation program.
 
 

Ancillary Costs Mass Hospital School #1

SECTION 48.   Section 12 of chapter 71B of the General Laws, as amended by section 8 of chapter 6 of the Acts of 2005, is hereby further amended by striking the last paragraph and inserting in place thereof the following paragraph:-

The city, town or regional school district in which each school-age child in any institution described in this section would normally be eligible to attend school and the city, town or regional school district in which each day student admitted to an institution under the control of the department of public health and receiving educational services from the department of education would normally be eligible to attend school shall pay to the commonwealth the costs of the education of that child in the school department of that institution in an amount determined according to the regulations issued under section 10. The payment for each such child shall not be less than its average per pupil cost for pupils of comparable age within the city, town or regional school district, and for each such day student, shall include any charges for related medical, educational or other service provided by the department of public health authorized by section 62T of chapter 111. The amount due the commonwealth each year shall be deducted from the annual distribution to said city, town or school district pursuant to section 20 of chapter 59.
 
 

Ed Reform #9

SECTION 49.   Chapter 74 of the General Laws is hereby amended by adding the following:-

Section 8. (a) The department may establish applied academic schools within regular high schools that provide combined academic and occupational training to high school students towards meeting the needs of the state for a highly skilled and educated work force. Any amount awarded under this section shall be in addition to and not to be considered in determining state or federal monies.

(b) A school district may apply to the department for a grant to fund expenses associated with the planning, development and implementation of an applied academic school. Amounts awarded under this section shall be used to fund curriculum development and program design costs, employ certified teachers to provide course instruction during the introductory year and to fund initial purchases of equipment and supplies necessary for program delivery.
(c) An applied academic school shall be a state-school-private sector partnership. The department shall develop a technical assistance team whose members have prior involvement in successful applied academic operations and make their expertise available, as necessary, to each new applied academics school during its first two years of operation.
(d) Applied academic teachers shall work as a team in planning, teaching, and troubleshooting program activities. Classes in this program shall be limited to students enrolled in the applied academic school. Each participating district shall establish an advisory committee consisting of individuals involved in applied academic operations, including school district and school administrators, teachers, and representatives of the private sector.
(e) The department shall develop regulations and guidelines for applied academic schools that should include but not be limited to the following:
          (1)          Instruction in at least three academic subjects each regular school term that prepares the student for a regular high school diploma. These subjects should contribute to an understanding of the academic field of study.
          (2)          A laboratory class related to the applied academic field of study.
          (3)          A mentor from the business community during the student's 11th grade year.
          (4)          An internship or paid job related to the academy's occupational field or work experience to improve employment skills, during the summer following the 11th grade. A student that must attend summer school for purposes of completing graduation requirements is exempt from this requirement.
          (5)          Additional motivational activities with private sector involvement to encourage academic and occupational preparation.
(e) The curriculum of an applied academic school shall prepare students to receive a certificate of occupational proficiency as described in subsection (iii) of section 1D of chapter 69; and upon successful completion of the applied academic school, the students shall be eligible to receive the certificate.
 
 

Ed Reform #10

SECTION 50.   The General Laws are hereby amended by adding the following new chapter:                             

CHAPTER 74B

EDUCATION EXCELLENCE


          Section 1. It is declared that for the benefit of the people of the commonwealth, it is essential that this and future generations of citizens be given the fullest opportunity to have the best educated students, especially in math and science. It is declared further that the people of the commonwealth have a direct interest in remaining globally competitive and therefore its students consistently place in the top tier of all students worldwide. Accordingly, it is the purpose of this chapter and the policy of the commonwealth to provide a means to encourage academic excellence in both math and science in elementary and secondary public schools.

Section 2. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Accelerated courses", courses designed to prepare a student to take Advanced Placement courses

"Board", the Board of Education

"Commissioner", the Commissioner of Education

"Commonwealth Teaching Corps certificate", "certificate" , a license to be an elementary math specialist and/or middle or high school math and/or science teacher issued to a person who has successfully met the requirements pursuant to this chapter.

"Math specialist", an elementary school teacher who spends at least 80 per cent of his or her weekly teaching time teaching math and has passed the elementary math MTEL.

MTEL", Massachusetts Tests for Educator Licensure

Section 3. (a) Beginning September 1, 2007, if a high school in the district has a student body of over 750 students the school shall offer in-class Advanced Placement level courses in calculus, physics, chemistry and biology. If a high school has less than 750 students, the high school will make available in-class Advanced Placement level courses or course materials taught online by a competent vendor in calculus, physics, chemistry and biology. Vocational - technical schools that have been established under chapter 74 shall be exempt from this requirement.
(b) At the end of each school year, Advanced Placement level course teachers in calculus, physics, chemistry and biology shall be awarded by the school district a premium payment of $2,500 for each Advanced Placement level course taught; provided that 50 per cent of the students enrolled in the class passed the Advanced Placement course with a grade of three or higher. A teacher may be awarded a maximum of $5,000 under this section.

(c) As of September 1, 2007, a school must offer accelerated math and science courses in grade seven and higher.

(d) As of September 1, 2009, all elementary school teachers who teach math shall have passed the elementary math MTEL; schools with elementary teachers that have not passed the elementary math MTEL shall fulfill this requirement with a math specialist.

Section 4. By September 2006, the commissioner shall initiate, approve and superintend the establishment, subject to appropriation, of at least one new school of excellence in mathematics and science in cities with a population of 90,000 or more. These schools shall be patterned after the collaborative between Worcester polytechnic institute and the Massachusetts academy for science and math. The new schools shall provide professional development activities to teachers in other schools in the district. Schools established under this section shall not be subject to the provisions of 150E. The commissioner shall create enrollment guidelines and the board shall promulgate rules and regulations as necessary to carry out the intent of this section.

Section 5. (a) There is hereby established a commonwealth teaching corps. The main objective of the corps is to encourage individuals to become elementary math specialists and secondary teachers of math and science. The commissioner shall have the authority to grant a certificate to an individual who has satisfied the requirements as set forth in this section. This certificate shall be valid for renewable terms of five years. Any certificate issued by the commissioner may be revoked for cause, pursuant to standards and procedures established by the board.


(b) Notwithstanding any special act or law to the contrary, the only educational requirements for being granted a certificate is that the individual

(i)demonstrate a college degree with a math, science or engineering major and/or an advanced degree in a math, science or engineering, and
(ii)pass the appropriate MTEL exam in the field the individual plans to teach.

(c) Individuals who are granted a commonwealth teacher certificate shall not be eligible for professional teacher status under section 41 of chapter 71; provided that the lack of professional teacher status for such individuals shall not be used as a criterion in connection with any reduction in force.

(d) Teacher evaluations shall be made pursuant to section 38 of chapter 71.

(e) At the end of the school year, a member of the commonwealth teaching corps who has taught the subject in which he holds a certificate, shall be awarded by the school district a premium payment of $5,000 provided that the teacher verifies the employment in a form prescribed by the school district and the teacher evaluation received as described in subsections (a) and (b) of section 38 of chapter 71 is satisfactory.

(f) All applications for the certificate granted under this section shall be accompanied by a fee to be determined by the secretary for administration and finance under the provisions of section 3b of chapter 7.

(g)All school districts hiring an individual holding a certificate granted under this section must assign to the new teacher a veteran teacher for mentoring/induction, which shall include but not be limited to instructional delivery and classroom management. The veteran teacher assigned shall have demonstrated success in teaching the subject pursuant to performance evaluations as described in section 38 of chapter 71. The Commonwealth shall provide up to $3,000, subject to appropriation, for a stipend or to compensate for release time of the veteran teacher, subject to the school district providing the department with an acceptable mentoring plan and a post-induction evaluation.
(h) Nothing in this section shall preclude a previously licenses teacher from obtaining a Commonwealth Teaching Corps certificate.

Section 6. The board shall have the authority to promulgate, amend, and rescind such rules and regulations as may be necessary to carry out the provisions of this chapter.
 
 

Ancillary Costs Massachusetts Hospital School #2

SECTION 51.   Chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting the following section:-

Section 62T. The Massachusetts Hospital School may charge for the expense of all services, including but not limited to, related medical or other educational services that it provides to any school-age child with a disability admitted to its day program. Said charges shall be in additional to any educational expenses charged by the department of education pursuant to section 12 of chapter 71B.
 
 

Inspector General Transfer

SECTION 52.   Subsection (c) of section 7 of chapter 111H of the General Laws is hereby repealed.
 
 

Inspector General Transfer

SECTION 53.   Subsection (b) of section 22 of said chapter 111H, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 26, the words "inspector general" and inserting in place thereof the following:- state auditor.
 
 

Inspector General Transfer

SECTION 54.   Subsection (c) of said section 22 of said chapter 111H, as so appearing, is hereby amended by striking out, in lines 48 and 49, the words "inspector general" and inserting in place thereof the following:- state auditor.
 
 

Inspector General Transfer

SECTION 55.   Subsection (f) of section 27 of said chapter 111H, as so appearing, is hereby amended by striking out, in line 45, the words "inspector general" and inserting in place thereof the following:- state auditor.
 
 

Inspector General Transfer

SECTION 56.   Subsection (c) of section 46 of said chapter 111H, as so appearing, is hereby amended by striking out, in line 34, the words "inspector general" and inserting in place thereof the following:- state auditor.
 
 

Chelsea Soldiers' Home Licensed Practical Nurse Work Commitment

SECTION 57.   Chapter 115A of the General Laws is hereby amended by inserting the following section:-

Section 10A. (a) The commandant of the Soldiers' Home in Massachusetts may establish a program for the education and training of practical nurses and promulgate regulations pursuant thereto. The commonwealth may provide said education and training at no cost to the program participant, apart from fees and uniforms; provided, that a participant completing such education and training program and licensed as a practical nurse by the board of registration in nursing shall be required to obtain employment as a practical nurse at a state-operated facility for 2,080 hours on either a full time or part time basis as specified by the commandant, or as determined by the appointing authority of the state facility where the person becomes employed. Participants of said program shall be required to sign an agreement acknowledging their work commitment to the commonwealth, or in lieu of completing said work commitment, shall acknowledge their obligation to repay the cost of such education and training program to said Soldiers' Home in Massachusetts.
          (b) In the event that a participant who has completed such education and training program, and who is licensed by said board as a practical nurse, fails to complete said employment requirement or any portion thereof, or fails to repay any or all of the costs thereof, the remaining contractual obligation between said Soldiers' Home and the participant shall be charged against the participant. The commandant shall, within his discretion, determine the names of those defaulting on their obligations in said training and education program and shall report those names, addresses, and license numbers to the board of registration in nursing. The commandant shall notify those he has determined to be in default, that he has notified the board of registration in nursing that he has begun proceedings to suspend, cancel or revoke their licenses. The commandant shall also notify said division of administrative law appeals of the names, addresses, and license numbers of those in default. Said division shall schedule an adjudicatory hearing under section 10 of chapter 30A within 15 days of receipt of the commandant's notice and shall notify the commandant and the licensee, the those named participants that they have the right to a full and fair hearing on the matter. For purposes of such hearings, the commandant's written representation, with supporting documentation, to said division that a participant is in default of his or her obligation shall be prima facie evidence to that effect. The commandant shall notify the board of registration in nursing of the final written decision of the division of administrative law appeals. If said division finds the license should be suspended, cancelled, or revoked, the board of registration in nursing shall, within 15 days of receipt of such finding, suspend, cancel or revoke any license. Within 30 days of receipt of notice of the final decision of said division, or if a petition for rehearing has been timely filed with said division, within thirty days after receipt of notice of said division's denial of such petition for rehearing, an aggrieved party may file for judicial review in superior court pursuant to section 14 of said chapter 30A.
          (c) Any license suspended, cancelled or revoked by this section shall not be reinstated or renewed until the commandant notifies said board that the licensee is in good standing with respect to any and all costs or employment commitments to the commonwealth. Upon such notice, said board may reissue or renew the individual's license.
          (d) Notwithstanding the foregoing, said board of registration may take any additional actions or sanctions against the individual as provided by said law and regulation.
 
 

TAFDC Reform #2

SECTION 58.   The General Laws are hereby amended by inserting after chapter 118A the following chapter:-

CHAPTER 118B

TRANSITIONAL AID TO FAMILIES WITH DEPENDENT CHILDREN


Section 1. The program of aid to families with dependent children established by chapter 118 is hereby modified for the purposes of promoting the principles of family unity, individual responsibility, full engagement and self-reliance; structuring financial and economic incentives and disincentives that promote such principles in the administration of said program; and maximizing the Commonwealth's federal work participation rate to avoid federal sanction.

Section 2. For purposes of this chapter the following words shall, unless the context clearly requires otherwise, have the following meanings:-

          "Assistance", cash grants, special needs assistance, and other benefits funded from the program.

          "Child of record", the youngest child of a recipient on July 1, 1995 or at the time a family first applies for assistance after July 1, 1995; provided, however, that a child born to a woman who was pregnant on July 1, 1995 or at the time of first applying for assistance shall be the child of record; provided, further that the commissioner shall establish exemptions to allow a later-born child to be the child of record if such child was born as a result of rape, incest, or other extraordinary circumstances as determined by the commissioner which may include, at the commissioner's discretion, renewed eligibility for assistance after a 36-month period of ineligibility. Unless the commissioner grants an exemption, the designation of child of record shall not change, even if said child no longer lives in the household, or subsequent children are born to the parent.

          "Commissioner", the commissioner of the department.

          "Department", the department of transitional assistance known previously as the department of public welfare established by chapter 18.

          "Dependent child", "dependent children", "child" or "children", the children of recipients eligible to receive assistance from the program.

          "Family", the household unit consisting of dependent children and a recipient or recipients determined eligible for assistance from the program.

          "Program", the program of transitional aid to families with dependent children established by this chapter.

          "Recipient", parents receiving or otherwise eligible to receive assistance from the program who are responsible for the care of dependent children. Notwithstanding any language to the contrary, for purposes of eligibility for support services or any other related program benefits, the term, "recipient", shall not include parents or other caretakers who are not receiving assistance from the program on their own behalf and whose income and assets are not counted in determining the eligibility of the household unit.

Section 3. A family shall be eligible for assistance provided its maximum allowable countable resources do not exceed $2,500 and upon meeting all other eligibility criteria; provided, however, that the department shall disregard the fair market value of a licensed motor vehicle of such family from the family's countable resources up to an amount determined by the department.

Section 4. The department shall not provide any increment in assistance because of the addition to a family of any child born after the "child of record." A caretaker or guardian who is not eligible for assistance but is caring for dependent children shall not be affected by the limit on additional assistance imposed by this section, until said caretaker or guardian gives birth to a child that makes the caretaker or guardian initially eligible for assistance. In cases in which payments for child support are received for a child born after the child of record, the parent shall assign the rights to such payments to the commonwealth. A monthly amount equal to the standard increment of assistance shall be paid to the parent from any payments received, and shall not be counted in determining eligibility and benefit level.

Section 5. The department shall establish levels of assistance subject to the provisions of the general appropriations act. An earnings disregard of $30 and one-half of the remaining gross earned income shall be established for recipients subject to the provisions of section 8.

Section 6. Recipients meeting the following eligibility criteria shall be exempt from the provisions of sections 7, 9 and 11 until such time as their eligibility status has been determined by the department to have changed and they no longer conform to the criteria that define the following exempt categories of assistance:
         
          (a) recipients with a child of record under the age of one year or any child other than the child of record who is under the age of three months, except that section 7(f) shall apply;

          (b) caretakers of children in their care, provided, however, that the department shall provide assistance for only the children; or

          (c) parents who receive supplemental security income and have children in their care provided, however, that the department shall provide assistance for only the children.

Section 7. (a) A family in which the recipient does not qualify for the exempt categories of assistance established by section 6 shall receive assistance for not more than a maximum and cumulative 24 months during a continuous 60-month period, unless an extension is granted by the commissioner. Said continuous period of 60 months shall commence from the date a recipient first becomes eligible for assistance.

(b) In the event the eligibility status of a recipient changes to an exempt category of assistance during the 60-month period, the calculation of the maximum assistance period of 24 months within the 60-month period shall be suspended and not resume until such time as the recipient is no longer eligible for an exempt status, at which time the calculation shall resume.

(c) The calculation of the 24-month period of eligibility for assistance shall be suspended when a recipient or a family unenrolls from said program. The calculation of the 24-month period shall resume when said recipient or family is determined upon reapplication to be eligible for assistance. Reapplication for assistance within the continuous 60-month period shall not be considered a new case for purposes of calculating the periods of eligibility and ineligibility for assistance under this section. Determinations of the exempt category status of a recipient under this section shall be subject to a fair hearing; provided, however, that the time during which any appeal is pending shallbe calculated toward the period of maximum assistance eligibility. The commissioner shall establish a procedure by which a recipient may request an extension of benefits.

(d) The commissioner shall establish criteria to be considered in making a determination that the benefits of a recipient should be extended. The criteria shall include, but not be limited to: (1) whether the recipient has received and or rejected offers of employment, has quit a job without good cause or has been fired for cause; and (2) the degree to which the recipient has cooperated, and is cooperating, with the agency in work-related activities. In making the determination, the commissioner shall further consider whether appropriate job opportunities actually exist locally at a given point in time for recipients. The commissioner may review and revise such determinations as the commissioner deems appropriate.

(e) A recipient who, in order to remain eligible for benefits changes eligibility status, and the change in status is proven in a court of competent jurisdiction to be the result of fraud or deceit, shall not be eligible for any program of assistance provided by the commonwealth including, but not limited to, programs of assistance administered by the department, including programs administered jointly with the federal government or solely on the part of the commonwealth, or programs administered by the department of public health, the department of social services, the department of early education and care, or under chapter 118E, and shall be required to pay full restitution and any fine levied and shall not be eligible to receive assistance until such amounts have been paid. Any recipient who participates in or assists in procuring payments from the department by falsely depicting himself as exempt as defined herein, shall be punished by a fine of not less than $200 nor more than $5,000 or by imprisonment for not less than one year nor more than five years and in all cases repayment of the amount of any such payments procured in addition to and not in lieu of any penalties imposed pursuant to this section shall be ordered.

(f) The department shall promulgate regulations to implement the provisions of federal law concerning a life-time limit on receipt of benefits. A recipient who has received state or federal benefits prior to the effective date of this chapter shall have the receipt of such benefits counted against the life-time limit, provided that no more than 24 months of benefits shall be counted.

Section 8. A recipient, or an applicant who has received transitional aid to families with dependent children within the last four calendar months, shall be eligible to have $30 and one-half of the remaining gross earned income, after work-related expenses but before dependent care deductions, disregarded, subject to the provisions of 106 CMR 204.285, for the entire period that the recipient is eligible for assistance.

Section 9. (a) Subject to appropriation, the department shall develop for each recipient an employment development plan designed to enable the recipient to attain economic self-sufficiency. The plan shall be prepared by the case manager with the involvement of the recipient. The plan shall include an assessment of the current employability of the recipient and development of a strategy for the recipient to attain economic self-sufficiency. Hourly requirements for the plan of each recipient may differ based on standards, established by the department through regulation, designed to maximize the federal work participation rate for the commonwealth. Each employment development plan can be made up of one or more components, subject to availability and program slots, including work, the full employment program, job search, specified education and training, community service and barrier removal as defined by the department. Component choices will also be designed to maximize the federal work participation rate of the commonwealth, provided that department-approved vocational education and training programs may count for the participation requirement for up to 12 months. A teen parent meeting the requirements of section 10 shall have such activities considered as satisfying the requirements of an employment development plan. A recipient caring for a disabled child, spouse or other immediate relative may use such hours of care considered as meeting comparable hourly requirements of the employment development plan. The department shall determine program availability levels for each of the program components after considering the appropriations for said components, for assistance, and for day care services related to the program. Volunteers shall be given first priority for participation in all such program components. No recipient shall be allowed to enroll in a program component if the number of participants already in the program component meets or exceeds the number established as the program availability level for the program component. The department shall consider the availability of transportation in developing said employment development plans; provided, however, that the department shall develop a proposal for an alternative transportation plan.

(b) It shall be the responsibility of the recipient to fulfill the obligations of the employment development plan, contingent upon the provision of needed services or supports as indicated in the plan. Recipients who fail to adhere to the obligations set forth in their employment development plan and experience a reduction of family income due to a reduction or termination of benefits which, in turn, places their children at risk, shall be required to meet with their caseworker for reassessment. Recipients not qualifying as exempt under the provision of section 6 and whose child of record is under the age at which full-time school attendance is mandatory may, without penalty, choose not to participate in the full engagement program established by section 11 if they need child care services and the office of child care services or its successor agency determines that there will not be sufficient funding or space to provide child care services to the recipient's child while the recipient is participating in said full engagement program.

Section 10. (a) In determining the amount of a cash payment to be made to a teen recipient living with her parent(s), the department shall disregard income of the household up to 200 per cent of the poverty level for a family of comparable size unless the income is earned by the recipient living with her parent(s). In situations where no abuse, neglect or addiction is present, the department shall not provide benefits to a family headed by a recipient under the age of 20, hereinafter referred to as "teen recipients," unless the recipient resides with a parent, grandparent, uncle, aunt, adult sibling, spouse, other family member as determined by regulations, or guardian, or lives in structured housing; provided, however, that the department may determine that a teen recipient who achieved necessary educational and vocational goals and acquired sufficient independent living skills and parenting skills may live on her own.

(b) In situations where a teen recipient asserts that she cannot stay at home because abuse, neglect or addiction is present, or because of other extraordinary circumstance which the commissioner determines should exempt the teen from this requirement, the home shall be evaluated by a professional, experienced in the field of adolescent development and young parenting, chosen by the department. The department shall establish standards and procedures to govern determinations of abuse, neglect and addiction as required by the section. Whenever it is determined that abuse, neglect or addiction is present or such other extraordinary circumstance requires, the teen shall reside in a structured setting in order to receive benefits from the department. If a structured setting is not available at the time the determination is made, the teen shall be exempt from the provisions requiring the teen recipient to live at home pursuant to this section until such time as a placement in a structured setting shall be made available

(c) The department shall not provide benefits to a teen recipient unless the teen has graduated from or is enrolled in a program for a high school diploma or a general education development certificate. The department shall authorize child care for all teen recipients who are unable to find suitable alternative child care arrangements; provided that the department shall promote the use of informal child care for teen recipients subject to the provisions of this section.

(d) Teen recipients residing in structured residential settings shall be required to pay a portion of their income, as determined by their residential program, as a program fee.

(e) For the purposes of this section, a structured setting shall:

          (1) require teen recipients to enroll and make acceptable progress in a
          program for a high school diploma or a general education development certificate;
          (2) require teenage recipients to participate in basic parenting classes, basic life skills classes and pregnancy prevention classes;
          (3) provide necessary rules to promote stability; and
          (4) provide regular counseling sessions to enhance the self-esteem of the recipient.

(f) Transitional housing programs serving teenage parents 16 years of age or older shall not be considered to fall within the definition of "group care facility" as appearing in section 9 of chapter 28A.

Section 11. The department shall administer a program, to be known as the full engagement program, for families that are not exempt under section 6. The full engagement program shall require that the head of household in each such family or both parents in a two-parent family meet the terms of their employment development plan developed by the department as described in section 9 within 60 days of the receipt of assistance by the family. The department shall promulgate regulations establishing exceptions for good cause for not meeting the employment development plan. The exceptions shall include, but need not be limited to, domestic violence, medical reasons, and emergency circumstances. At the discretion of the commissioner, recipients subject to the full engagement requirement who fail to meet the requirements shall be subject to sanction up to and including the termination of all assistance for their family.

Section 12. (a) The full employment program is hereby established as a program in which recipients, subject to criteria and eligibility rules established by the department, in lieu of receiving food stamp benefits under the food stamp program and cash benefits under the program of transitional aid to families with dependent children, shall be provided with employment in a manner which promotes self-sufficiency and which provides work experience to improve the competitive position of the recipient in the work force. The department may require participation in this program pursuant to an employment development plan as described in section 9; provided, however, that volunteers shall be given first priority for participation.

(b)(1) An eligible individual who participates in the program shall work 40 hours per week in a program job, as available, and shall be paid not less than the applicable minimum wage. If the net wage amount is less than the grant for which the participant would be eligible, the commonwealth shall supplement the amount necessary to equal the eligible grant.
(2) In addition to the participant wage, as defined in paragraph (1) of this subsection, the employer may be required to pay a set amount for each participant hour worked into a qualified Individual Asset Account, hereinafter called the "IAA". The IAA shall be owned by the participant and access shall be restricted until such time as the participant leaves the program for a job of at least 30 hours per week for which compensation is paid or after twelve months in the program, whichever is sooner. The IAA is established in order to improve the position of program participants by increasing their asset base; however, the amount in the IAA shall not be counted as an asset for the purpose of determining financial eligibility for benefits authorized by this chapter.

(c) Upon the acceptance of a program job in compliance with the employment development plan of the participant as set forth herein, transitional aid to families with dependent children and food stamp benefits shall no longer be paid as a grant to the program participant. The commonwealth shall pay to employers a subsidy determined by the department as partial reimbursement for wages paid to program participants.

(d) The department shall seek to ensure that jobs made available to program participants shall not:

          (1) Require work in excess of 40 hours per week; and
          (2) Be used to displace regular employees nor to fill unfilled positions previously established.

(e) (1) Program employers shall pay all participants a wage rate of not less than the applicable minimum wage per hour.
(2) Sick leave, holiday and vacation absences shall conform to the rules of the employer for new employees.
(3) All persons participating in the program shall be considered to be employees of the employer providing the employment and shall be entitled to all benefits required by state and federal law.
(4) Employers shall provide workers' compensation coverage for each program participant.

(f) Program participants who are eligible for federal- and state-funded medical assistance at the time they enter the program shall remain eligible for as long as they shall continue to participate in such program.
                   
(g) For the purposes of determining the one-year transitional day care and MassHealth provided to certain former recipients of assistance who have left the program for employment, the transitional year, so-called, shall commence on the day a participant is hired into non-subsidized employment.

Section 13. (a) A taxpayer required to file a return under the provision of chapter 62 shall be allowed a credit against the excise due under said chapter for employing persons that had been employed by such taxpayer through the full employment program defined in section 12. The credit shall be calculated by multiplying the number of full months after cessation of state subsidies a qualifying program participant was employed by the taxpayer by $100. The maximum credit allowed for all years for the employment of each qualifying program participant shall be $1,200. A taxpayer entitled to a credit under this section for a taxable year may carry over and apply to its excise for any one or more of the next succeeding five taxable years, the portion, reduced from year to year, of its credit which exceeds its excise for the taxable year.

(b) The department shall report to the department of revenue and to the employer the name and social security number of the program participant, the name and identification number of the employer and the number of complete months of eligible employment for each participant of the program for whom an employer would be eligible to claim the credit provided by this section within 31 days of the end of each calendar year. The department of revenue shall consult with the house and senate committees on ways and means to determine non-confidential data which shall annually be published to determine the effectiveness of the credit provided by this section. The department of revenue shall promulgate rules and regulations necessary to implement the provisions of this section.

(c) A taxpayer required to file a return under the provisions of chapter 63 shall be allowed a credit against the excise due under said chapter for employing persons that had been employed by the taxpayer through the full employment program defined in section 12. The credit shall be calculated by multiplying the number of full months after cessation of state subsidies a qualifying program participant was employed by the taxpayer by $100. The maximum credit allowed for all years for the employment of each qualifying program participant shall be $1,200. A taxpayer entitled to a credit under this section for a taxable year may carry over and apply to its excise for any one or more of the next succeeding five taxable years, the portion, reduced from year to year, of its credit which exceeds its excise for the taxable year.

(d) The department shall report to the department of revenue and to the employer the name and social security number of the program participant, the name and identification number of the employer and the number of complete months of eligible employment for each participant of the program for whom an employer would be eligible to claim the credit provided by this section within 31 days of the end of each calendar year. The department of revenue shall consult with the house and senate committee on ways and means to determine the effectiveness of the credit provided by this section. The department of revenue shall also promulgate rules and regulations to implement the provisions of this section.

Section 14. (a) No aid shall be paid under the program to, or on behalf of, any child under the age of mandatory school attendance whose school attendance does not meet the requirements of subsection (b), with respect to that period during which the child does not meet these requirements.

(b) Each recipient shall provide documentation to the department, not less than quarterly, that any school age child under the age of mandatory school attendance receiving assistance has missed not more than eight school days during the previous quarter; provided, however, that absences due to the following reasons shall be considered excused absences:
          (1) illness, as certified by a physician or by other proof that the department determines is adequate;
          (2) hospitalization;
          (3) disability, as defined by the department;
          (4) death of a family member; or
          (5) crisis situations as defined by the commissioner.

(c) A recipient who does not, without good cause, provide the documentation required by this section within the reasonable time established by the department, or the documentation so provided indicates that the child has had more than eight unexcused absences from school during the prior quarter as defined in subsection (b), the department may determine that no aid shall be paid to, or on behalf of, that child until the recipient provides documentation that the school attendance of the child meets the requirements of this section. The department shall develop standards for making this determination in regulation.

(d) Notwithstanding the provisions of section 27C of chapter 29, and without regard to any acceptance of appropriation by a city, town or regional school district, and without regard to any appropriation by the general court, any school attended by a child to which this section applies shall provide the documentation required by this section upon the request of the recipient.

Section 15. No recipient shall be eligible to receive the recipient's portion of assistance payable under the program without presenting a certificate of immunization from a medical provider for each child to the department. The certificate shall state that the child has been immunized for diseases outlined by section 15 of chapter 76. A recipient shall not be denied assistance until having been provided 60 days to meet the requirements established by this section. The department, in consultation with the executive office of health and human services, shall inform each such recipient about health care providers available in the community of the recipient who are capable of assisting with such immunizations.

Section 16. Notwithstanding the provisions of section 27A of chapter 18, any recipient receiving assistance in the form of cash benefits under the program with an active account at a banking or financial institution shall have such assistance directly transferred to the account, commonly known as direct deposit or electronic funds transfer. A recipient who is employed and receiving assistance shall be encouraged by the department to establish an account with a banking or financial institution in order to receive the assistance. The commissioner may waive the requirements of this section in the event such institutions are not readily accessible to the recipient; provided, however, that locations where public transportation is available within one mile of the residence of the recipient shall not be eligible for such a waiver. A disabled recipient shall be provided with the opportunity to seek a waiver from this requirement upon a showing that such recipient would be unable to access his or her cash assistance due to the disability.
 
 

MassHealth - Nursing Facility Rate Reviews

SECTION 59.   Section 7 of chapter 118G of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out in line 2, the word "annually" and inserting in place thereof the following:- biennially.
 
 

Nursing Facility Base Rate Adjustment

SECTION 60.   Said section 7 of said chapter 118G, as so appearing, is hereby further amended by striking out in line 27 the word "four" and inserting in place thereof the following:- five.
 
 

MassHealth - Hospital Supplemental Payment #1

SECTION 61.   Section 18 of said chapter 118G, as so appearing, is hereby amended by adding the following subsection:-

(q) Within the Medical Assistance Trust Fund as established in section 2OOO of chapter 29, there is hereby established a MassHealth provider payment account, administered by the secretary of the executive office of health and human services. Subject to the availability of federal financial participation, funds may be expended from this account for supplemental Medicaid payments to qualifying providers pursuant to an approved state plan or federal waiver. All Title XIX federal financial participation revenue generated by hospital payments funded by the Medical Assistance Trust Fund, whether the payments are made by the division of health care finance and policy or the executive office of health and human services, shall be credited to the General Fund.
 
 

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.
 
 

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.
 
 

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"'.
 
 

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.
 
 

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.
 
 

TAFDC Reform #3

SECTION 67.   Sections 110, 119, 121, 122, 132, 140, 141 and 142 of chapter 5 of the Acts of 1995 are hereby repealed.
 
 

Eliminate Repeal of Division of Professional Licensure Trust

SECTION 68.   Sections 7A and 80 of chapter 177 of the Acts of 2001 are hereby repealed.
 
 

Revere/Everett Skating Rink Decoupling Technical Amendment

SECTION 69.   Subsection (b) of section 279 of chapter 149 of the Acts of 2004, is hereby amended by striking out the second paragraph and inserting in place thereof following paragraph:-

No proposal to lease the Allied Veterans rink in the city of Everett shall be considered responsive, nor shall it be accepted, without a proposal by the same offeror to lease the Cronin rink in the city of Revere, except that a proposal by the city of Everett to lease the Allied Veterans rink, without a proposal to lease the Cronin rink, shall be considered responsive and may be accepted.
 
 

Uncapping Lottery

SECTION 70.   Notwithstanding any general or special law to the contrary, for fiscal years 2007 and thereafter, the total amount of lottery proceeds allocated for distribution to cities and towns shall be determined pursuant to section 35 of chapter 10 of the General Laws.
 
 

Inspector General Transfer

SECTION 71.   The office of inspector general is hereby abolished. Unless a contrary intent clearly appears, all powers and duties exercised by said office immediately prior to the effective date of this act are hereby transferred to the office of the state auditor.

All books, papers, records, documents, equipment, lands, interests in land, buildings, facilities, and other property, both personal and real, which immediately prior to the effective date of this act are in the custody of the inspector general, and which relate to or are maintained for the purpose of the exercise of such powers or the performance of such duties, are hereby transferred to the auditor; provided, that all such property held in trust shall continue to be held in trust and be administered in accordance with the terms of such trust, by the trustees appointed by any court of competent jurisdiction upon application of any interested persons for such appointment or for instructions in connection therewith. All questions regarding the identification of such property shall be determined by the secretary for administration and finance.

All petitions, hearings, and other proceedings duly brought before, and all prosecutions and legal and other proceedings begun by, the inspector general that arise from or relate to the exercise of such powers or the performance of such duties, and which are pending immediately prior to the effective date of this act, shall thereafter be completed by the auditor.

All orders, rules, and regulations duly made, and all licenses, permits, certificates, and approvals duly granted by the inspector general that arise from or relate to the exercise of such powers or the performance of such duties, and which are in force immediately prior to said effective date, shall continue in force, and the provisions thereof shall thereafter be enforced, until superceded, revised, rescinded, or cancelled in accordance with law, by the auditor. All questions regarding the identification of such petitions, hearings, prosecutions, proceedings, orders, rules, regulations, licenses, permits, certificates, and approvals, and of the agencies to which the completion or enforcement thereof is transferred shall be determined by the secretary for administration and finance.

All monies heretofore appropriated for the inspector general for the purpose of the exercise of such powers or the performance of such duties and remaining unexpended on the effective date of this act, are hereby transferred to, and shall be available for expenditure by, the auditor. All questions regarding the identification of such monies shall be determined by the secretary for administration and finance.

All duly existing contracts, leases, and obligations of the inspector general that relate to the exercise of such powers for the performance of such duties, and which are in force immediately prior to the effective date of this act, shall thereafter be performed by the auditor. This section shall not affect any renewal provisions or option to renew contained in any such leases in existence on said effective date, all of which may thereafter be exercised by the auditor. All questions regarding the identification of such contracts, leases, and obligations of the inspector general shall be determined by the secretary for administration and finance.

Wherever the name "inspector general", or "the office of the inspector general" or "the inspector general's office", or the name of any department, agency, office, commission, committee, council, board, division, bureau, institution, other administrative unit, or officer within the office of the inspector general, from which powers and duties are transferred by the provisions of this act, appear in any statute, special act or resolve, order, rule, regulation, or other document related to the exercise of such powers or the performance of such duties, such name shall be construed as referring to the office of the state auditor, unless a contrary intent clearly appears.
 
 

Municipal GIC #2

SECTION 72.   Notwithstanding any general or special law to the contrary, for fiscal years 2008 and thereafter, the amount allocated to each district's foundation budget pursuant to the definition of employee benefits and fixed charges allotment as specified in section 2 of chapter 70 of the General Laws shall be increased by 5 per cent on a county, city, town or district 's acceptance and implementation of subsections (a) and (b) of section 3B of chapter 32B.
 
 

Municipal GIC #3

SECTION 73.   Notwithstanding any general or special law to the contrary, for fiscal year 2007 the amount allocated to each district's foundation budget to employee benefits and fixed charges as specified in section 40 of this act shall be increased by 5% percent
 
 

Health Care Security Trust Fund Transfer to General Fund

SECTION 74.   Notwithstanding any general or special law to the contrary, during fiscal year 2007, the comptroller shall transfer $50,000,000 from the Health Care Security Trust Fund, established under chapter 29D of the General Laws, to the General Fund.
 
 

Peterson Case Transfer

SECTION 75.   Notwithstanding any general or special law to the contrary, on or before June 30, 2007, the comptroller shall transfer $60,500,000 from the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund for monies due taxpayers as a result of the enactment of sections 57, 57A, and 57B of chapter 163 of the acts of 2005.
 
 

Suspension of Transfer

SECTION 76.   Notwithstanding any general or special law to the contrary, during fiscal year 2007 there shall be no transfer by the comptroller of one-half of 1 per cent of the total revenue from taxes in the preceding fiscal year to the Stabilization Fund as specified in clause (a) of section 5c of chapter 29 of the General Laws.
 
 

Tobacco Settlement Monies

SECTION 77.   Notwithstanding any general or special law to the contrary, during fiscal year 2007, the comptroller shall transfer from the Health Care Security Trust, established under chapter 29D of the General Laws, to the General Fund an amount equal to 100 per cent of the total of all payments received by the commonwealth in fiscal year 2007 pursuant to the master settlement agreement in the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et. al., Middlesex Superior Court, No. 95-7378, and 50 per cent of the earnings generated in fiscal year 2007 from the Health Care Security Trust as certified by the comptroller pursuant to paragraph (f) of section 3 of chapter 29D of the General Laws for certain health care expenditures appropriated in section 2 of this act.
 
 

Disposition of State Surplus Real Property

SECTION 78.   (a) For the purposes of this section, the following terms shall have the following meanings, unless the context clearly requires otherwise:

"Commissioner", the commissioner of the division of capital asset management and maintenance.

"Division," the division of capital asset management and maintenance.

"MassDevelopment", the Massachusetts development finance agency.

"Net cash proceeds", all payments paid to the commonwealth as and when paid, less any expenses incurred by the division in connection with the custody, preparation of the surplus property and reasonable costs relating to the sale, for which it is not reimbursed, and less any amounts that may be owing to the federal government as a result of this disposition.

"Real property", as defined in section 39A of chapter 7 of the General Laws.

"State agency", as defined in said section 39A(v) of said chapter 7.

"Surplus land coordination committee", or the "committee" established by subsection (e).

"Surplus real property", real property of the commonwealth: (1) previously determined to be surplus to current and foreseeable state needs pursuant to sections 40F or 40F of said chapter 7, or (2) determined to be surplus to current and foreseeable state needs pursuant to this section or to section 548 of chapter 26 of the acts of 2003. This term shall not include property subject to Article 97 of the Amendments to the Constitution.

(b) Notwithstanding sections 40E to 40F, inclusive, and 40H of said chapter 7, or any other general or special law to the contrary, the commissioner may sell, lease for a term not to exceed 99 years, transfer or otherwise dispose of surplus real property of the commonwealth, as specified in this section.

(c) In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall provide written notice and inquiry to the executive heads of state agencies and secretaries of the executive offices, who shall have 30 days to submit a written response indicating that the property is necessary for a specific current or foreseeable need of such agency. If no agency or executive office submits such a response within 30 days of the notice, the commissioner, in consultation with the surplus land coordination committee, may declare the property as surplus and dispose of it in accordance with this section. Alternatively, if a written response is timely received specifying a current or foreseeable need for the real property, the commissioner shall, in consultation with the secretary of administration and finance and with those responding affirmatively, determine whether the real property shall: (1) be made available for current use by a state agency, (2) be retained on account of a foreseeable use by a state agency, or (3) be declared surplus real property which may be disposed of pursuant to this section.

(d) When real property is determined to be surplus to current state needs but not to foreseeable state needs, the commissioner shall take such necessary action to ensure that any disposition of the real property is temporary and maintains the commissioner's ability to make such real property available to a state agency as needed.

(e) To facilitate inter-departmental communication within the executive branch concerning surplus property, there shall be a surplus land coordination committee. The committee shall consist of the secretary or designee of the executive office of environmental affairs, the secretary or designee of the executive office for administration and finance, the director or designee of the department of housing and community development, the commissioner or designee of the division, the president or designee of MassDevelopment, the executive director or designee of the Massachusetts municipal association and the executive director (or designee) of the Massachusetts association of regional planning agencies. The committee shall meet at least quarterly and shall advise the commissioner on the potential uses for the surplus property, including its suitability for housing or other development or preservation as open space, its economic development potential and what restrictions, if any, should be considered on its use and development. The committee may request that the MassDevelopment draft an economic development suitability analysis which shall include an analysis which considers the economic potential of the property, anticipated real estate and other applicable tax revenue to the commonwealth and the municipality in which the property is located, the estimated impact on commonwealth employment and other economic growth indicators. The economic development report for a parcel shall be delivered to the committee and the commissioner within 45 days after the request for such report. For preparing each economic development report, MassDevelopment shall be paid an amount equal to 1 per cent of the net cash proceeds from the sale of the property which is the subject of the economic development report.

For parcels greater than 2 acres in size or when the committee considers it otherwise necessary for any particular parcel, the division shall conduct, within 45 days, a smart growth review. Such review shall consider the need for a variety of housing options, jobs and open space; current and prospective zoning of the site; the need for municipal capital facilities and public uses, impact of traffic and transit; impact on the environment and natural resources and on agricultural lands; existence of historically significant structures; availability of infrastructure, including water supply, waste water and storm water run-off; fiscal impact of development on the municipality where the parcel is located; remediation of contamination; other smart growth implications, and the local and regional implications of disposing of the parcel for a variety of prospective uses. The division shall undertake this review and submit a draft report to the committee. The committee must complete its review and comment on the draft smart growth review and the economic development report within 30 days of receipt of the review by the division. Following review and comment by the committee, the division shall complete the smart growth review and file a final report with the committee and with the joint committee on bonding, capital expenditures and state assets and with the officials referenced in subsection (f), which shall include its recommendations as to the proposed disposition of said property.

For any parcel less than 25 acres in size, the commissioner may proceed to dispose of it in accordance with this section. For any parcel equal to or greater than 25 acres in size, the commissioner may dispose if it after one year from the date of the filing of the smart growth review, unless within such time period special legislation has been enacted directing the terms and conditions of the disposition or transfer of such parcel, in which case the commissioner shall proceed in accordance with such legislation.

(f) If the commissioner, in consultation with the committee, determines that the real property is surplus, the commissioner shall: (1) provide written notice for each city or town in which the property is located to the city manager in the case of a city under Plan E form of government, the mayor and city council in the case of all other cities, the chairman of the board of selectmen in the case of a town, the county commissioners, the regional planning agency and the members of the general court representing the city or town in which the property is located as well as surrounding cities or towns; (2) declare it available for disposition and identify any restrictions on its use and development necessary to comply with the policies and principles established by the commonwealth development coordinating council, established in section 8B of chapter 6A of the General Laws, and to take into consideration other established state and local plans and policies; (3) conduct a public hearing in the municipality in which the property is located if the property parcels exceeds 2 acres or if the commissioner determines or the city or town in which the property is located requests that a hearing should be held for a smaller parcel. The commissioner shall provide reasonable public notice in advance of the hearing, which shall be convened to consider potential reuses and appropriate restrictions, as well as to consider smart growth issues; and (4) ensure that any deed, lease or other disposition agreement sets forth all such reuse restrictions, and provides for effective remedies on behalf of the commonwealth, which may include, in the event of a failure to comply with the reuse restrictions by the grantee, lessee or other recipient, that such title or lesser interest as may have been conveyed shall, upon recordation of a notice of exercise, immediately revert to the commonwealth.

(g) The commissioner shall establish the value of surplus real property using customarily accepted appraisal methodologies. The value shall be calculated both: (1) for the highest and best use of the property, and (2) subject to uses, restrictions and encumbrances defined by the commissioner.

(h) Before disposing of the surplus property, the commissioner shall provide to each city or town in which the property is located a written right of first refusal to purchase the surplus property for municipal use on the conditions established in section (f) and at 85 per cent of the value established in subsection (g). The commissioner shall have the authority to accept a flexible payment schedule at his discretion. This right of first refusal must be exercised, if at all, by the town or city, or its permitted assignee as set forth below, within 30 days after this notice by giving written notification of its intention to exercise its right of first refusal to the commissioner, provided, however, that the city or town may condition its exercise upon the holding of a vote for debt exclusion pursuant to section 21C of chapter 59 of the General Laws, commonly known as a Proposition 2-1/2 debt exclusion, to finance the surplus real property purchase, within 150 days after the date of the written notification of the city's or town's intention to exercise its right of first refusal. The city or town, or such assignee, shall have until (1) the date which is 45 days after the date of the vote for debt exclusion, if the city or town conditioned its exercise of its right of first refusal upon such vote, or (2) the date which is 90 days after the date on which the commissioner gave written notice of its right of first refusal to the city of town, if the city or town did not condition its exercise of its right of first refusal upon such vote, to close the purchase of the property. If the city or town, or such assignee, fails to close the purchase of such property within that time, the sole remedy of the commonwealth against the city or town for this failure shall be to proceed with the disposition of the surplus property without further right of purchase by the city or town and the elimination of any requirement to share proceeds of the sale with the city or town as provided in subsection (p).

The municipality shall also be able to assign its right of first refusal as established pursuant to subsection (h) to a nonprofit public benefit corporation that has a primary mission to build housing or protect open space, or to a community development corporation, as determined in regulations promulgated by the commissioner. If the municipality or its assignee acquires any portion of the property for open space purposes, or if any portion of the property is restricted for open space purposes, a conservation restriction pursuant to chapter 184 of the General Laws shall be retained by the commonwealth on such parcels.

(i) If the city or town has not exercised its right of first refusal, or if the city or town, or its permitted assignee, has failed to close in a timely manner if such right was exercised, the commissioner shall dispose of surplus real property utilizing appropriate competitive processes and procedures. Such competitive processes may include, but are not limited to, absolute auction, sealed bids and requests for price and development proposals. At least 30 days before the date of an auction or the date on which bids, proposals or other offers to purchase or lease surplus real property are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals and the opening thereof.

(j) The commissioner shall place a notice in the central register identifying the individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (g), he shall include the justification therefor, specifying the difference between the calculated value and the price received.

(k) No agreement for the sale, lease, transfer or other disposition of surplus real property and no deed executed by or on behalf of the commonwealth, shall be valid unless such agreement or deed contains the following certification, signed by the commissioner:

"The undersigned certifies under penalties of perjury that I have fully complied with section ___ of chapter___ of the acts of 2006 in connection with the property described herein."

(l) No agreement for the sale, lease, transfer or other disposition of surplus real property shall be valid unless the purchaser or lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7 of the General Laws.

(m) The grantee or lessee of any surplus real property shall be responsible for all costs including, but not limited to, appraisals, surveys, plans, recordings and any other expenses relating to the transfer, as shall be considered necessary by the commissioner.

(n) This section shall not apply to the disposition of real property that is the subject of a special act having an effective date before the effective date of this act.

(o) The authority granted to the commissioner by this section shall cease as of June 30, 2010, but the commissioner may complete any transaction for which agreements have been signed and delivered on or before that date.

(p) Funds from the net cash proceeds of dispositions of surplus property pursuant to this section shall be allocated as follows: (1) 10 per cent of the net cash proceeds of each transaction shall be paid to the city or town in which the property is located if the city or town did not exercise its right of first refusal, whether or not the transaction thereafter closed; but that city or town may receive up to a total 25 per cent of the net cash proceeds of a transaction if the municipality has taken affirmative actions in furtherance of the commonwealth's objectives for the parcel, consistent with smart growth and subject to regulations promulgated by the division in consultation with the commonwealth development coordinating council; (2) after distribution of net cash proceeds to cities and towns pursuant to clause (1), the first $5 million shall be deposited in the General Fund; (3) 50 per cent of the next $20 million shall be deposited in the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws, and 50 per cent shall be deposited in the General Fund; and (4) the remaining net cash proceeds shall be deposited 20 per cent into the Smart Growth Housing Trust Fund and 80 per cent into a separate fund on the books of the commonwealth to be known as the Capital Projects and Maintenance Fund to be expended, without further appropriation, by the commissioner upon approval by the secretary of administration and finance. Monies deposited into the Capital Projects and Maintenance Fund shall be allocated to the respective agency or agencies whose facility or facilities generated the proceeds deposited into the fund and shall be expended exclusively for one-time capital projects, maintenance and repairs to such agency's facilities. The books and records of said fund shall be subject to a biennial audit by the state auditor. No expenditure from said fund shall be permitted if it shall cause said fund to be in deficiency at the close of a fiscal year.

Nothing in this section shall be construed to grant to any municipality or other third party the right to participate in the negotiation, execution, or enforcement of any agreements between the division and a purchaser or lessee of surplus property.
 
 

Blue Hills Ski Area

SECTION 79.   Notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for the Blue Hills Ski Area in Canton, so as to provide for the continued use, operation, maintenance, repair, and improvement of this state-owned recreational facility together with the land and appurtenances associated therewith.
          Such lease or other agreement shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessee to operate, manage, improve, repair, and maintain the properties. Any such leases or other arrangements requiring improvements to be made to any portion of the facility may include a description of the initially required improvements and, at minimum, performance specifications.
          All consideration received from the lease or other agreement shall be payable to the department of conservation and recreation for deposit into the Blue Hills Reservation Trust Fund in accordance with the provisions of section 34C of chapter 92 of the General Laws. The lessee or recipient of said property shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
 
 

Urban Skating Rinks Lease Agreement

SECTION 80.   Notwithstanding the provisions of sections 40E to 40K and 52 to 55, inclusive, of chapter 7 of the General Laws, and utilizing such competitive proposal process or processes as said division deems necessary or appropriate, the division of capital asset management and maintenance, in consultation with the department of conservation and recreation, may lease and enter into other agreements, for terms not to exceed 25 years, to one or more proponents, for one or more skating rinks, so as to provide for the continued use, operation, maintenance, repair, and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated therewith, comprising those ice skating rinks and facilities formerly under the jurisdiction of the metropolitan district commission: Bajko memorial rink, Hyde Park district, Boston; Connell memorial rink, Weymouth; Devine memorial rink, Dorchester district, Boston; Emmons Horrigan O'Neill memorial rink, Charlestown district, Boston; Flynn memorial rink, Medford; LoConte memorial rink, Medford; Murphy memorial rink, South Boston district, Boston; Reilly memorial rink, Brighton district, Boston; Shea memorial rink, Quincy; Steriti memorial rink, Boston; Veterans Memorial Rink, Somerville; and, Ulin memorial rink, Milton.          
          Such leases and other agreements shall be on terms acceptable to the commissioner of the division of capital asset management and maintenance, after consultation with the commissioner of department of conservation and recreation, and, notwithstanding the provisions of any general or special law to the contrary, shall provide for the lessees to operate, manage, improve, repair, and maintain the properties, and may provide for the department to make initial capital improvements or direct grant funds to the lessee to undertake initial capital improvements at one or more of the properties that the commissioner of said department determines is necessary due to the structural condition of any of the properties. Any such leases or other arrangements requiring improvements to be made to any buildings may include a description of the initially required improvements and, at minimum, performance specifications. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; youth groups; high school hockey; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator with the following restrictions: general public skating shall be booked at a minimum of 16 hours per week, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly-formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender. Such leases and other agreements authorized herein shall provide that any benefits to the communities and the costs of improvements and repairs made to the properties provided by the lessees or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements. All consideration received from the leases or other agreements shall be payable to the department of conservation and recreation for deposit into the Urban Parks Trust Fund in accordance with the provisions of section 34 of chapter 92 of the General Laws. The lessees or the recipients of said properties shall bear all costs deemed necessary or appropriate by the commissioner of the department of conservation and recreation for the transactions including, without limitation, all costs for legal work, survey, title, and the preparation of plans and specifications.
          The department may consider payments made by a lessee at the Connell rink as private matching funds for the purposes of item 2800-0105 of section 2E of chapter 352 of the acts of 2004.
 
 

Housing Creation Program

SECTION 81.   Notwithstanding any general or special law to the contrary, the amount in line item 1201-2005
of this act shall be made available to cities and towns as a one time payment pursuant to the lottery formula as prescribed by the division of local services. These payments will be remitted to a city or town who certify in a form prescribed by the office of commonwealth development that the city or town has demonstrated an increase in dwelling units of at least 1% over the number of housing units in place January 1, 2006. The number of housing units, which shall include but not be limited to single family homes, multi-family units, and accessory apartments, must be certified as new dwelling units by the municipal building department. Qualifying housing units are defined as

(1) Newly constructed residential units including college and university dormitory rooms
(2) Units that were made uninhabitable by fire and then rehabilitated
(3) Units for which seasonal occupancy permits were issued initially and, after rehabilitation, regular occupancy permits are issued
(4) Units which were condemned by a municipal official and rehabilitated
(5) Units vacant for two or more years and rehabilitated; and
(6) All units created in what was formerly commercial, industrial, municipal, or other non-residential space

A municipality may apply for certification at any point from July 1, 2006 to May 1, 2008. However for a city or town to be eligible for payment by June 30, 2007, the treasurer must receive notification by the office of commonwealth development by June 1, 2007 and to eligible for payment by June 30, 2008, the treasurer must receive notification by the office of commonwealth development by June 1, 2008.
 
 

Parental Preparation Program at Early Education and Care

SECTION 82.   The board of early education and care shall administer a program to provide information and training for parents to assist them in nurturing their children's development and education and to strengthen parents' involvement in their children's schooling and shall be used for parent orientation and information for parents of children from birth to five years of age who are enrolled in state-subsidized child care programs, which program shall be known as the parent-child care partnership.

The parent-child care partnership program shall be administered by the department of early education and care. Funding appropriated for this program shall be used to provide individual 60-minute parent orientation sessions for each parent twice a year, as an integral part of the mandatory intake process between parents and intake counselors in child care programs. No child may be enrolled in a state-subsidized child care program until at least one parent completes one individual 60-minute parent orientation session. Counselors trained in child development will provide parents with information on what to expect at various stages of their child's development, how they can participate in their child's education, and what they can do to encourage their children to learn and grow. Funding appropriated for the parent-child care partnership program shall also be used by the department of early education and care to produce a guidebook for parents on what they can do to nurture their children's development and education. The department shall make the guidebook available to in English and in four other languages most commonly spoken in the commonwealth.

Notwithstanding any provision of chapter 66A of the General Laws to the contrary, for purposes of collaboration between the department of early education and care and community partnership lead agencies, the department of early education and care may share with community partnership lead agencies personal data regarding the parents and children who receive services provided under grant programs funded by the commonwealth, to the extent necessary for reporting and program implementation as required by federal and state law.
 
 

UMass/Health and Human Services Interagency Service Agreements

SECTION 83.   Notwithstanding the provisions of any general or special law to the contrary, the executive office of health and human services pursuant to section 16 of chapter 6A of the general laws, acting in its capacity as the single state agency under Title XIX of the Social Security Act, and other federally assisted programs administered by said secretariat, and as the principal agency for all of the agencies within the secretariat, is authorized to enter into interdepartmental services agreements with the university of Massachusetts medical school to perform such activities as the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to otherwise support the programs and activities of the executive office. Such activities shall include: (1) provision of administrative services, including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties. Federal reimbursement for any expenditures made by the university of Massachusetts medical school relative to federally-reimbursable services the university provides under said interdepartmental service agreements or other contracts with the executive office of health and human services shall be distributed to the university. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs, and the comptroller shall be directed to certify said fees and pay upon the receipt of such revenue, reimbursement or demonstration of costs avoided; provided however that the secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2007. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel and the amount of federal reimbursement and recoupment payments that the university was able to collect.
 
 

MassHealth - Spending Authorization for Nursing Facility Assessment

SECTION 84.   (a) Notwithstanding any general or special law to the contrary, in fiscal year 2007, the division of health care finance and policy, hereinafter referred to as the division, shall establish nursing facility Medicaid rates, payable out of the Health Care Quality Improvement Trust Fund established under section 2EEE of chapter 29, effective July 1, 2006 through June 30, 2007 that cumulatively total $288,500,000 more than the annual payment rates established by the division under the rates in effect as of June 30, 2002, as mandated under section 1 of chapter 42 of the acts of 2003. Payments from the fund shall be allocated in the following manner in fiscal year 2007:
          (1) $287,950,000 for the purposes of Medicaid per diem rate payments to nursing homes participating in the MassHealth program for services provided to MassHealth members during fiscal year 2007, provided that as a condition for such funds, the division shall require that each nursing home document to the division that at least $50,000,000 of such funds are spent only on direct care staff by increasing the wages, hours and benefits of direct care staff, increasing the facility's staff-to-patient ratio, or by demonstrably improving the facility's recruitment and retention of nursing staff to provide quality care, which shall include expenditure of funds for nursing facilities which document actual nursing spending that is higher than the median nursing cost per management minute in the base year used to calculate Medicaid nursing facility rates. A facility's direct care staff shall include any and all nursing personnel including registered nurses, licensed practical nurses, and certified nurses' aides hired by the facility from any temporary nursing agency or nursing pool registered with the department of public health. The division shall credit wage increases that are over and above any previously collectively bargained for wage increases. In monitoring compliance under this clause, the division's regulations shall adjust any spending compliance test to reflect any Medicaid nursing facility payment reductions, including, but not limited to, rate reductions imposed on or after October 1, 2002. The expenditure of these funds shall be subject to audit by the division in consultation with the department of public health and the executive office of health and human services;
          (2) $300,000 for the purposes of an audit of funds distributed pursuant to subsection (1). The division of health care finance and policy, in consultation with the department of public health and with the assistance of the executive office of health and human services, shall establish penalties sufficient to deter noncompliance to be imposed against any facility that expends any or all monies in violation of subsection (1), including but not limited to recoupment, assessment of fines or interest; and
          (3) $250,000 to fund expenses at the division of health care finance and policy related to the implementation and administration of section 25 of chapter 118G of the General Laws.
(b) The comptroller shall transfer from the Health Care Security Trust Fund to the Health Care Quality Improvement Trust Fund on the first business day of each quarter, the amount indicated by the division of health care finance and policy to fund the expenditures described herein.
 
 

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.
 
 

Medicare Part D and Prescription Advantage

SECTION 86.   Notwithstanding any general or special law to the contrary, in order to maintain the fiscal viability of the subsidized catastrophic prescription drug insurance program, hereinafter referred to as the "prescription advantage program", authorized by section 39 of chapter 19A of the General Laws, cost sharing required of enrollees in the form of co-payments, premiums, and deductibles, or any combination thereof, shall be adjusted by the department of elder affairs to reflect price trends for outpatient prescription drugs, as determined by the secretary of elder affairs. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program shall also be enrolled in a Medicare prescription drug plan, a Medicare Advantage prescription drug plan, or in a plan which provides creditable prescription drug coverage as defined by section 104 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003, hereinafter referred to as "MMA," and which provides coverage of the cost of prescription drugs actuarially equal to or better than that provided by Medicare Part D, hereinafter a "creditable coverage" plan.
          In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program, who may qualify for the low-income subsidy, so-called, provided under the MMA Subpart P - Premiums and cost-sharing subsidies for low-income individuals, shall apply for those subsidies. To the extent permitted by MMA and regulations promulgated thereunder, and all other applicable federal law, the prescription advantage program may apply on behalf of a member for enrollment into a Medicare prescription drug plan or for the low-income subsidy provided under MMA and may receive information about the member's eligibility and enrollment status necessary for the operation of the prescription advantage program.
          For enrollees who qualify for enrollment in a Medicare Part D plan, the prescription advantage program will provide a supplemental source of financial assistance for prescription drug costs, hereinafter referred to as "supplemental assistance" in lieu of the catastrophic prescription drug coverage provided pursuant to said section 39 of said chapter 19A. The prescription advantage program will provide supplemental assistance for premiums, deductibles, payments, and co-payments required by a Medicare prescription drug plan or Medicare Advantage prescription drug plan, and will provide supplemental assistance for deductibles, payments and co-payments required by a creditable coverage plan. The department shall establish the amount of the supplemental assistance it will provide enrollees based on a sliding income scale and the coverage provided by the enrollees' Medicare prescription drug plan, Medicare Advantage prescription drug plan, or creditable coverage plan. In addition to the eligibility requirements set forth in section 39 of chapter 19A, to be considered eligible for the prescription advantage program, an individual must have a household income of less than 500 per cent of the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. 9902(2).
          Residents of the commonwealth who are not eligible for Medicare will continue to be eligible for the prescription advantage program pursuant to said section 39 of said chapter 19A.
 
 

Emergency Aid to the Elderly, Disabled, and Children Reform

SECTION 87.   Notwithstanding the provisions of section 2 of this act or of any other general or special law to the contrary, recipients of MassHealth benefits under subclause (i) of clause (g) of subsection (2) of section 9A of chapter 118E of the General Laws shall continue to receive such benefits until such time that said recipients no longer meet the eligibility requirements in place as of June 30, 2006 for the emergency aid to the elderly, disabled, and children program, as established under chapter 117A of the General Laws.
 
 

Parental-School Participation Program at DOE

SECTION 88.   The board of education shall administer a grant program known as the parent-school participation program. The purpose of the program shall be to increase parents' participation in their children's schooling statewide and especially in the 24 school districts and five charter schools that the department of education has identified as having the lowest levels of student performance on the Massachusetts comprehensive assessment system exam. Elementary schools shall offer parental preparation class prior to a child's kindergarten registration. Funding appropriated for this program shall be used to: support increased numbers of teacher-parent conferences, hold open houses, encourage teachers to use technology to communicate with parents, and other forms of school-parent outreach. Said funding may be used to expand the roles of existing school and district personnel, and may not be used to hire additional school or district personnel. Grant recipients shall be required to demonstrate improvement in parental involvement as a result of the grant. Any funds distributed under this grant program to local, or regional school districts shall be deposited with the treasurer of the city, town or regional school district and held in a separate account and shall be expended by the school committee without further appropriation, notwithstanding any general or special law to the contrary.
 
 

Freeze Special Education Provider Rates

SECTION 89.   Notwithstanding any general or special law to the contrary, the division of purchased services of the division of procurement which, under section 274 of chapter 110 of the acts of 1993, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set all such prices in fiscal year 2007 at the same level calculated for fiscal year 2006 except the prices for those programs for extraordinary relief, as defined in 808 CMR 1.06(4). Programs for which prices in fiscal year 2006 were lower than the full amount permitted by the division of purchased services shall be permitted to charge in fiscal year 2007 the full price calculated for fiscal year 2006.
 
 

Effective Date - Repeal of Fund

SECTION 90.   Section 17 shall take effect June 30, 2006.
 
 

Tax cut effective date

SECTION 91.   Section 33 shall apply to taxable years beginning on or after January 1, 2007 but before January 1, 2008.
 
 

Tax Cut Effective Date Year Two

SECTION 92.   Section 34 shall apply to taxable years beginning on or after January 1, 2008.
 
 

Effective Date

SECTION 93.   Except as otherwise specified, this act shall take effect on July 1, 2006.