Energy Technology Development Fund
Section 14. Chapter 25A of the General Laws is hereby amended by inserting after section 11C the following new section:--
Section 11D. There is hereby established and set up on the books of the commonwealth a separate fund, to be administered and expended by the chief regulatory officer of the commonwealth, known as the Energy Technology Development Fund. Said fund shall consist of all monies received by the commonwealth, under the provisions of subsections (5) and (6) of section six of chapter twenty-five A, including all interest accrued on said monies, to promote energy efficiency in Massachusetts and the research, development, and commercialization of new energy technologies. The state treasurer shall not deposit said monies in or transfer said monies to the General Fund or any other fund or account. All monies credited to the Energy Technology Development Fund under this section shall remain in said fund, not subject to appropriation, and shall be expended at the discretion of said chief regulatory officer in a manner consistent with the provisions of this section. Any unexpended balance remaining in the fund at the close of a fiscal year shall be available for expenditure in the subsequent fiscal year and shall not revert to the General Fund. The state treasurer shall deposit all monies received pursuant to the provisions of this section in such a manner as to ensure the highest rate of interest available, consistent with the safety of the fund, and in an account or accounts from which amounts may be withdrawn by said chief regulatory officer without penalty for such withdrawal.
Commonwealth Medical Assistance Fund
Section 15. Chapter 29 of the General Laws is hereby amended by inserting after section 2FF the following new section:--
Section 2GG. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Medical Assistance Fund. There shall be credited to such fund all fiscal year nineteen hundred and ninety-seven revenues and federal reimbursement pursuant to Title XIX of the Social Security Act or any successor federal statute in excess of two billion five hundred six million dollars. In subsequent fiscal years, there shall be credited to such fund all revenues directed to said fund by provisions of the general appropriation act or any supplemental or deficiency appropriation act. Amounts credited to such fund shall be available for expenditure by the commissioner of the department of public health services for implementation of health care reform or other unforeseen obligations of the department, subject to appropriation.
Definition of Municipal Revenue Growth Factor
Section 16. Section 2 of chapter 70 of the General Laws is hereby amended by striking out the definition of "municipal revenue growth factor" and inserting in place thereof the following definition:--
"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 limit 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 percent 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 municipal 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 percent; provided, however, that if the highest percentage during the 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 this 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 municipal 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 said 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; 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 thirtieth, nineteen hundred and ninety three; 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 percent plus the average of the percentage increases in the levy limit due to new growth as specified above; provided, however, that said factor shall not be greater than the factor determined by subtracting one from the quotient calculated by dividing total state school aid for the current fiscal year by total state school aid for the prior fiscal year; provided further, that in making any of the calculations required by this definition, said division of municipal 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 office of education and training shall use this growth factor to calculate preliminary contribution, minimum contribution and any other factor that directly or indirectly uses the municipal revenue growth factor.
School District Carry-Over
Section 17. Chapter 70 of the General Laws, as amended in section 32 of chapter 71 of the acts of 1993, is hereby further amended by striking section 11 and inserting in place thereof the following section:--
Section 11. If in any fiscal year a district's actual expenditure for public education is less than the amount required to be appropriated for public education pursuant to this chapter, the difference, up to five percent of the amount required to be appropriated, shall be spent for public education in the following fiscal year; provided, that those unexpended funds, whether appropriated to the school committee account or to town accounts for expenditure to meet public education costs, shall be deemed reappropriated for public education in the following year without further action by the appropriating authority; provided further, that in any year in which unexpended funds from the prior year are carried forward, a district may elect to deposit up to forty percent of the carried forward amount in a reserve account and the amount so reserved shall be exempt from the requirement that it be spent during that school year; provided further, that in any year in which additional money is required to be spent due to a spending deficiency in the prior year, if a district fails to spend the carried forward amount or underspends its current year budget by more than five percent of the amount required to be appropriated for that year, state school aid in the following year shall be reduced by the entire difference between those amounts; provided further, that no school district shall be permitted to carry a reserve account balance in excess of five percent of its net school spending budget for the fiscal year; provided further, that reserve account funds may be spent, at the discretion of the school committee, for any education related project or purpose; and provided further, that the board of education shall promulgate regulations to enforce the provisions of the section.
Segregation of Local School Appropriations
Section 18. Section 34 of chapter 71 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting the following words at the end of the last sentence thereof:--
; provided, however, that the legislative body may make line item appropriations within the school operating budget for any spending purpose that is not included in the calculation of net school spending as defined in section two of chapter seventy, and no transfers shall be made by the school committee or between or from such line items without the approval of the legislative body.
Expanding Successor Liability to Hospitals
Section 19. Subsection (5) of section 36 of chapter 118 E is hereby amended by striking out the words "and/or intermediate care facility" and inserting in place thereof the words:--or acute or non-acute hospital.
Additional Circuit Justices for the Probate and Family Court
Section 20. Section 1 of chapter 211B of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking in line 17 the word "forty-one" and inserting in place thereof the following word:--forty-five.
Additional Circuit Justices for the Probate and Family Court
Section 21. Section 2 of said chapter 211B, as so appearing, is hereby amended by striking in line 16 the word "forty-three" and inserting in place thereof the following word:--
forty-seven.
Additional Circuit Justices for the Probate and Family Court
Section 22. Section 3C of chapter 217 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking in line 1 the word "five" and inserting in place thereof the following word:--nine.
HIV Testing for Persons Convicted of Sexual Offenses
Section 23. Chapter 265 of the General Laws is hereby amended by inserting after section 24C the following new section:--
Section 24D. Any person who has been convicted of, or adjudicated a delinquent by reason of having committed, any sexual offense, as defined in section one of chapter one hundred twenty-three A of the General Laws, shall be ordered by the court upon the petition of the victim, immediate family members of the victim or legal guardian of the victim, to submit to a blood test for the presence of a sexually transmittable disease including, but not limited to, the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome (AIDS).
The results of such test shall be reported to the court, which shall then disclose the results to any victim of the sexual offense who requests such disclosure. Review and disclosure of blood test results by the courts shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential.
Counseling regarding the HIV disease, HIV testing, and referrals for appropriate health care and support services shall be provided upon request of the victim or legal guardian.
Cost Avoidance Programs
Section 24. Notwithstanding the provisions of any general or special law to the contrary, the comptroller is hereby authorized to enter into contracts with private vendors to identify and pursue cost avoidance opportunities for programs of the commonwealth and to enter into interagency service agreements with state agencies, as applicable, for said purpose; provided, however, that payments to private vendors on account of said projects shall be made from actual cost savings as certified in writing to the house and senate committees on ways and means by the comptroller and state budget director which are attributable to such cost avoidance projects; provided further, that the comptroller may establish such procedures, in consultation with the state budget director and the affected departments, as he deems appropriate and necessary to accomplish the purposes of this section. The state budget director shall report on a quarterly basis to the house and senate committees on ways and means the status of all cost avoidance opportunities which are undertaken pursuant to the provisions of this section. The comptroller shall report on said projects as a part of the annual report required by section twelve of chapter seven A of the General Laws.
Transfers Between Debt Service Accounts
Section 25. Notwithstanding the provisions of any general or special law to the contrary, the state comptroller is hereby authorized to transfer from the following items such amounts as would otherwise be unexpended on June thirtieth, nineteen hundred and ninety-seven, to those of the following items which would otherwise have insufficient amounts to meet debt service payments for the fiscal year ending June thirtieth, nineteen hundred and ninety-seven; provided, however, that each amount transferred shall be charged to such funds as specified in the item to which said amount is transferred: 0699-0015, 0699-0090, 0699-0100 and 0699-9100.
Lease Administration
Section 26. The secretary of administration and finance is hereby authorized to expend as he deems necessary for administration and implementation of leases in fulfillment of the purposes of items 1102-0809, 1102-9882, 5011-8801, 5011-8811, 5011-8812, 5011-8842, 5011-8875, and 5095-6870 not more than two percent of the amount available in fiscal year nineteen hundred and ninety-seven in each said item. Said secretary may assign any employees of the executive office for administration and finance and may hire additional temporary employees or consultants to administer and implement such leases; provided, that the salaries and expenses for such employees and consultants shall be paid from funds made available by this section.
Revenue Optimization
Section 27. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is authorized and directed to identify and pursue projects to optimize non-tax revenue management and collections by the commonwealth. The secretary or his designee is authorized to enter into contracts with private vendors, and to enter into interagency service agreements with departments, to identify and pursue said projects. Private vendors shall be compensated from non-tax revenues collected by such projects in excess of the non-tax revenues established by said contracts as the minimum to be collected by each such project. The commonwealth shall retain all rights in software programs developed pursuant to any contract executed pursuant to the provisions of this section. For the purposes of this section, such payments to vendors for services performed shall be known as "vendor participation payments" and non-tax revenue collected pursuant to this section, after deduction of said vendor participation payments, shall be known as "net additional revenue". The terms "departments" or "participating departments" shall mean any department, office, commission, or institution under the executive control of the governor or other constitutional officer and determined by the secretary to be participating in the revenue optimization projects authorized by this section.
In no case shall a department receive an allocation or reallocation for collection of a fee or any other non-tax revenue in any fiscal year unless the total revenue collected by that department equals or exceeds the revenue projection for that department contained in section one B of the general appropriation act for that fiscal year.
The comptroller shall deposit in the Maximization Fund established by section two R of chapter twenty-nine of the General Laws all monies collected pursuant to the provisions of this section. The comptroller is hereby authorized to allocate from said fund to participating departments, upon direction of the secretary of administration and finance, up to twenty-five percent of all monies deposited in said fund; provided, that any amount so allocated shall be in excess of the first twenty million dollars in net additional revenues credited to said fund consistent with this section and item 1999-2020 of section two of this act. The comptroller shall transfer to the General Fund at the close of each fiscal year, after providing for vendor participation payments, the first twenty million dollars in net additional revenues and any balance remaining in said fund after providing for said allocations. No expenditure shall be made from said Maximization Fund which would cause said fund to be in deficit at the close of the fiscal year.
Departments receiving allocations pursuant to the provisions of said item 1999-2020 and of this section may expend such funds without appropriation after obtaining the written approval of said secretary or his designee of a plan detailing said proposed expenditures and filing said approved plan with the house and senate committees on ways and means. All such expenditures shall be for one-time expenses which shall not recur in fiscal year nineteen hundred and ninety-eight or a subsequent fiscal year, including, without limitation, bonus payments to any state employee as determined by the suggestion awards board, pursuant to the provisions of section twenty-eight of this act. No expenditures authorized by the provisions of this section and of said item 1999-2020 shall be used for the same purposes for which appropriations are made in sections two, two A or two B of this act or of any supplemental appropriation act enacted in fiscal year nineteen hundred and ninety-seven, or in the general appropriation act or supplemental appropriation acts in a subsequent fiscal year. Any unexpended balance of said allocations at the end of a fiscal year shall revert to the General Fund unless said spending plan has been approved by the secretary as a multi-year expenditure.
The comptroller shall report on or before each January thirty-first to the house and senate committees on ways and means on the results and operations of the revenue optimization projects authorized by this section, for the six-month period ending the preceding month. Said report shall detail by each vendor, project and department the amount of vendor participation payments paid to each such vendor, the net additional revenues retained by the commonwealth, the amounts allocated or reallocated to each such participating department pursuant to the provisions of said item 1999-2020 and of this section, and the estimated annual receipts, payments and allocations for the fiscal year.
The comptroller shall report to the house and senate committees on ways and means on or before each July thirty-first on the subjects specified in the preceding paragraph, for the entire prior fiscal year and the total of all vendor participation payments made to each vendor and the net commonwealth receipts collected by each project over the duration of the project.
On or before each July thirty-first, of each fiscal year, the comptroller, after approval of said secretary, shall submit to the house and senate committees on ways and means a plan detailing by executive office and department the net additional revenues estimated to be collected under the provisions of this section in the fiscal year.
The provisions of this section shall remain in effect until June thirtieth, nineteen hundred and ninety-nine.
Suggestion Awards Board - Awards
Section 28. The suggestion awards board may make cash awards, pursuant to the provisions of section thirty-one A of chapter seven of the General Laws and according to the board's selection process and criteria, to employees of the commonwealth who are instrumental in identifying or implementing ideas which reduce costs or increase revenues for the commonwealth. Such awards may be paid, in a manner to be approved by the secretary of administration and finance, from the operating appropriations of the agencies which realize reduced costs or, from monies allocated from the maximization fund to agencies which realize increased revenues, as a result of the employees' suggestions or efforts. Each such award shall not exceed five thousand dollars, unless a larger award is approved by the general court. The provisions of this section shall remain in effect until June thirtieth, nineteen hundred and ninety-nine.
Leave of Absence Chargeback Authority
Section 29. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge all agencies for the commonwealth's share of the health insurance costs incurred on behalf of any employees of such agencies who are on leave of absence for a period of more than one year, and to notify the comptroller of such charges and such leaves of absence. The comptroller is hereby authorized and directed to transfer the amount of said charges to the General Fund.
Workers' Compensation Chargeback Authority
Section 30. Notwithstanding the provisions of any general or special law to the contrary, the secretary of administration and finance is hereby authorized and directed to charge agencies as hereinafter provided for workers' compensation costs, including administrative costs, incurred on behalf of the employees of said agencies. The personnel administrator or his designee shall notify agencies within ten days of the enactment of this act as to the change in calculation of workers' compensation chargebacks from fiscal year nineteen hundred and ninety-six. The personnel administrator shall notify agencies not later than fourteen days after the enactment of this act as to the amount of their estimated workers' compensation costs for the fiscal year beginning July first, nineteen hundred and ninety-six, and shall require all agencies to encumber funds in an amount sufficient to meet the estimated annual charges. The estimated workers' compensation costs for each agency shall be not less than the amount of the actual workers' compensation costs incurred by said agency during the fiscal year ending June thirtieth, nineteen hundred and ninety-six, and may include such additional sums as are deemed necessary by regulations promulgated pursuant to this section. Said personnel administrator shall revise the estimated workers' compensation costs for each agency on the first day of each quarter of the fiscal year commencing July first, nineteen hundred and ninety-six. Within thirty days after the effective date of this act, for any agency that fails to encumber funds sufficient to meet the annual estimated charges, the comptroller is hereby authorized and directed to encumber funds in an amount sufficient to meet the annual estimated charges on behalf of such agency. Costs to agencies for benefits paid on behalf of their employees shall be allocated as actual expenditures are made. Administrative expenses shall be allocated to agencies based on each agency's percent of total benefits paid in the prior fiscal year. The comptroller shall charge each agency's workers' compensation costs to the agency's appropriation amount and shall transfer said amount to item 1900-4200 in this act for the purposes of workers' compensation paid with respect to public employees for any costs, including administrative costs, incurred during the fiscal year. The human resources division may expend an amount so collected for all agencies under this section not to exceed forty-five million dollars for hospital, physician, benefits, and other costs, including administrative costs, subject to the provisions of said item 1900-4200. Not later than fourteen days after the effective date of this act, and on the first day of each succeeding quarter during the fiscal year, the division shall bill agencies for twenty-five percent of said agency's annual estimated workers' compensation costs. Each agency shall be credited or billed for any differences between the previous quarter's estimated costs and actual costs incurred by said agency. The personnel administrator is authorized to establish regulations and procedures to implement the provisions of this section.
Pension Study
Section 31. To prepare for the adoption of a new funding schedule pursuant to the provisions of section twenty-two C of chapter thirty-two of the General Laws and to evaluate options to effectively address and reduce the commonwealth's unfunded pension liability, the secretary of administration and finance and the state treasurer are hereby directed to conduct a study of the commonwealth's retirement systems. The study shall include: an analysis of the pension structure and the teachers' and employees' benefit program of the commonwealth's current systems, including comparisons with other public and private retirement systems; an analysis of the cost of benefits to employees, teachers, and the commonwealth; an analysis of potential alternative benefit systems for commonwealth employees and teachers, including a defined contribution program; and such other issues as the secretary and state treasurer may deem relevant to evaluating options for the commonwealth's systems. Said secretary and state treasurer shall report the results of the study to the house and senate committees on ways and means and the joint committee on public service on or before March first, nineteen hundred and ninety-seven.
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