This is not the official budget document.

Budget Summary FY2011

Outside Sections
Data Current as of:  8/6/2010



Outside Sections

Local Aid Distribution

This information is available for export to Excel

SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2011 the distribution to cities and towns of the balance of the State Lottery Fund, as paid from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional funds from the General Fund shall be $898,980,293 and shall be apportioned to the cities and towns in accordance with this section.
Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2011 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists. The specified amounts to be distributed from said item 7061-0008 of said section 2 shall be in full satisfaction of the amounts due under chapter 70 of the General Laws.
Notwithstanding any general or special law to the contrary, the governor may allocate, at his full discretion, funds from the State Fiscal Stabilization Fund established by Title XIV of the American Recovery and Reinvestment Act of 2009, P. L. No. 111-5; provided further, that said potential allocation is reflected in the following chart in the column entitled “Potential Allocation of Federal Funds from the ARRA State Fiscal Stabilization Fund”; provided further, that the funds set forth in said column are an estimated apportionment and shall not appear on the cherry sheet produced by the department of revenue.
For fiscal year 2011, when calculating the foundation budget for each district, the fiscal year 2011 Chapter 70 aid shall be valued at the greater of: (a) 96% of the total of fiscal year 2010 Chapter 70 aid and state fiscal stabilization fund allocations as outlined in section 3 of chapter 27 of the acts of 2009. This figure shall then be subtracted by the proportional potential allocation of state fiscal stabilization funds as listed below to determine Chapter 70 aid; or (b) foundation aid minus the proportional potential allocation of state fiscal stabilization funds as listed below. Non-operating districts shall receive the greater of: (a) 96% of the total of fiscal year 2010 Chapter 70 aid and state fiscal stabilization fund allocations as outlined in section 3 of chapter 27 of the acts of 2009, or (b) foundation aid; provided, that non-operating districts shall not receive state fiscal stabilization funds. The foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2010. The target local share shall be calculated using the same methodology used in fiscal year 2010. Preliminary local contribution shall be the municipality's fiscal year 2010 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality's preliminary contribution as a percentage of its foundation budget is more than 5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 1 percentage point; and if a municipality's preliminary contribution as a percentage of its foundation budget is more than 10 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 2 percentage points. Minimum required local contribution for fiscal year 2011 shall be, for any municipality with a fiscal year 2011 preliminary contribution greater than its fiscal year 2011 target contribution, the preliminary local contribution reduced by 30 per cent of the gap between the preliminary local contribution and the target local contribution. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality's pupils at each of those districts. No non-operating district shall receive chapter 70 aid in an amount greater than the district's foundation budget.
If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.
The department of elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994.
No payments to cities, towns or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year until the commissioner of revenue certifies acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. Advance payments shall be made for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of the executive office for administration and finance, pursuant to guidelines established by the secretary.

 


Municipality
7061-0008
Chapter 70
Potential
Allocation
of Federal Funds
from the ARRA
State Fiscal
Stabilization
Fund
Unrestricted
General
Government
Aid
Potential Total
Section 3
Local Aid
(Contingent Upon
Allocation of
Federal Funds)
ABINGTON 7,205,352 140,957 1,663,872 9,010,181
ACTON 5,160,527 100,954 1,183,155 6,444,636
ACUSHNET 6,007,556 117,525 1,282,445 7,407,526
ADAMS 0 0 1,980,179 1,980,179
AGAWAM 16,620,258 325,139 3,116,003 20,061,400
ALFORD 0 0 11,869 11,869
AMESBURY 8,377,810 163,893 1,645,476 10,187,179
AMHERST 5,782,594 113,124 7,120,842 13,016,560
ANDOVER 6,891,063 134,808 1,511,358 8,537,229
AQUINNAH 0 0 1,976 1,976
ARLINGTON 6,632,057 129,741 6,416,909 13,178,707
ASHBURNHAM 6,269 0 672,501 678,770
ASHBY 18,505 0 370,356 388,861
ASHFIELD 93,413 0 157,026 250,439
ASHLAND 4,502,104 88,074 1,143,808 5,733,986
ATHOL 0 0 2,239,276 2,239,276
ATTLEBORO 28,610,552 559,702 4,825,303 33,995,557
AUBURN 6,460,963 126,394 1,448,540 8,035,897
AVON 812,346 15,892 586,234 1,414,472
AYER 3,924,620 76,777 640,306 4,641,703
BARNSTABLE 7,146,363 139,803 1,779,132 9,065,298
BARRE 0 0 760,702 760,702
BECKET 76,563 0 76,812 153,375
BEDFORD 2,791,448 54,608 970,936 3,816,992
BELCHERTOWN 12,981,543 253,955 1,439,150 14,674,648
BELLINGHAM 7,985,431 156,217 1,435,208 9,576,856
BELMONT 5,541,573 108,409 1,909,790 7,559,772
BERKLEY 5,109,411 99,954 514,636 5,724,001
BERLIN 497,433 9,731 170,528 677,692
BERNARDSTON 11,308 0 246,005 257,313
BEVERLY 6,694,328 130,960 4,939,380 11,764,668
BILLERICA 17,282,794 338,100 4,925,266 22,546,160
BLACKSTONE 84,251 0 1,157,715 1,241,966
BLANDFORD 42,726 0 107,398 150,124
BOLTON 0 0 166,996 166,996
BOSTON 204,317,586 3,997,021 160,247,301 368,561,908
BOURNE 4,659,046 91,144 1,239,900 5,990,090
BOXBOROUGH 1,287,108 25,179 213,357 1,525,644
BOXFORD 1,526,119 29,855 411,171 1,967,145
BOYLSTON 428,244 8,378 289,720 726,342
BRAINTREE 11,466,594 224,319 4,840,026 16,530,939
BREWSTER 883,143 17,277 333,966 1,234,386
BRIDGEWATER 36,107 0 3,080,637 3,116,744
BRIMFIELD 1,098,967 21,499 329,768 1,450,234
BROCKTON 130,000,851 2,543,179 17,709,906 150,253,936
BROOKFIELD 1,296,130 25,356 417,618 1,739,104
BROOKLINE 6,895,830 134,902 5,370,029 12,400,761
BUCKLAND 6,202 0 258,986 265,188
BURLINGTON 5,097,620 99,724 2,215,064 7,412,408
CAMBRIDGE 8,596,971 168,181 18,170,690 26,935,842
CANTON 3,530,108 69,059 1,813,812 5,412,979
CARLISLE 786,008 15,377 185,546 986,931
CARVER 9,521,941 186,276 1,235,613 10,943,830
CHARLEMONT 96,287 0 147,847 244,134
CHARLTON 7,269 0 1,225,401 1,232,670
CHATHAM 645,100 12,620 127,294 785,014
CHELMSFORD 9,828,091 192,265 4,292,998 14,313,354
CHELSEA 51,355,990 1,004,666 6,946,677 59,307,333
CHESHIRE 298,092 0 519,594 817,686
CHESTER 125,551 0 152,278 277,829
CHESTERFIELD 121,562 0 116,778 238,340
CHICOPEE 51,185,902 1,001,339 9,739,822 61,927,063
CHILMARK 0 0 3,172 3,172
CLARKSBURG 1,740,491 34,049 307,692 2,082,232
CLINTON 10,408,392 203,617 1,991,079 12,603,088
COHASSET 1,650,626 32,291 435,162 2,118,079
COLRAIN 0 0 244,112 244,112
CONCORD 1,988,323 38,897 981,239 3,008,459
CONWAY 589,390 11,530 151,164 752,084
CUMMINGTON 66,390 0 70,560 136,950
DALTON 205,657 0 962,329 1,167,986
DANVERS 4,246,217 83,068 2,409,018 6,738,303
DARTMOUTH 8,935,606 174,805 2,132,179 11,242,590
DEDHAM 3,631,768 71,047 2,765,940 6,468,755
DEERFIELD 1,021,111 19,976 406,247 1,447,334
DENNIS 0 0 460,638 460,638
DEVENS 308,588 0 0 308,588
DIGHTON 0 0 654,018 654,018
DOUGLAS 8,196,565 160,348 617,250 8,974,163
DOVER 598,324 11,705 162,705 772,734
DRACUT 17,619,480 344,686 2,963,502 20,927,668
DUDLEY 0 0 1,511,226 1,511,226
DUNSTABLE 4,358 0 208,034 212,392
DUXBURY 4,364,460 85,381 749,739 5,199,580
EAST BRIDGEWATER 10,054,475 196,694 1,266,059 11,517,228
EAST BROOKFIELD 60,179 0 245,303 305,482
EAST LONGMEADOW 8,675,518 169,717 1,224,304 10,069,539
EASTHAM 314,229 6,147 126,013 446,389
EASTHAMPTON 7,528,257 147,274 2,377,410 10,052,941
EASTON 9,143,450 178,871 1,852,233 11,174,554
EDGARTOWN 420,431 8,225 56,341 484,997
EGREMONT 0 0 53,367 53,367
ERVING 406,463 7,952 56,849 471,264
ESSEX 0 0 207,087 207,087
EVERETT 38,091,277 745,171 5,843,460 44,679,908
FAIRHAVEN 7,179,423 140,450 1,907,302 9,227,175
FALL RIVER 89,259,672 1,746,168 20,156,220 111,162,060
FALMOUTH 4,820,816 94,309 1,172,624 6,087,749
FITCHBURG 39,281,344 768,453 7,218,116 47,267,913
FLORIDA 526,600 10,302 42,100 579,002
FOXBOROUGH 8,304,130 162,452 1,259,852 9,726,434
FRAMINGHAM 19,634,107 384,098 8,415,039 28,433,244
FRANKLIN 26,714,222 522,605 2,089,973 29,326,800
FREETOWN 1,474,404 28,843 803,160 2,306,407
GARDNER 17,777,812 347,784 3,584,191 21,709,787
GEORGETOWN 5,067,813 99,141 605,914 5,772,868
GILL 0 0 205,734 205,734
GLOUCESTER 5,724,851 111,994 3,378,096 9,214,941
GOSHEN 96,111 0 67,666 163,777
GOSNOLD 16,414 0 1,774 18,188
GRAFTON 8,513,937 166,556 1,322,498 10,002,991
GRANBY 4,431,778 86,698 746,820 5,265,296
GRANVILLE 1,240,805 24,274 135,608 1,400,687
GREAT BARRINGTON 0 0 641,908 641,908
GREENFIELD 9,267,538 181,299 2,685,303 12,134,140
GROTON 3,201 0 655,194 658,395
GROVELAND 0 0 615,686 615,686
HADLEY 729,292 14,267 383,877 1,127,436
HALIFAX 2,630,918 51,468 767,798 3,450,184
HAMILTON 0 0 568,272 568,272
HAMPDEN 0 0 581,924 581,924
HANCOCK 189,443 3,706 47,754 240,903
HANOVER 5,935,651 116,118 1,791,747 7,843,516
HANSON 31,588 0 1,083,133 1,114,721
HARDWICK 0 0 393,766 393,766
HARVARD 1,709,449 33,442 1,252,599 2,995,490
HARWICH 1,726,707 33,779 364,333 2,124,819
HATFIELD 749,289 14,658 263,917 1,027,864
HAVERHILL 34,622,057 677,304 8,312,994 43,612,355
HAWLEY 28,250 0 36,605 64,855
HEATH 0 0 70,768 70,768
HINGHAM 5,384,965 105,345 1,334,874 6,825,184
HINSDALE 104,683 0 188,327 293,010
HOLBROOK 4,573,236 89,465 1,248,008 5,910,709
HOLDEN 0 0 1,617,133 1,617,133
HOLLAND 885,390 17,321 170,719 1,073,430
HOLLISTON 6,511,735 127,388 1,309,824 7,948,947
HOLYOKE 64,367,063 1,259,199 8,590,161 74,216,423
HOPEDALE 5,784,243 113,156 551,538 6,448,937
HOPKINTON 5,442,815 106,477 664,434 6,213,726
HUBBARDSTON 0 0 381,006 381,006
HUDSON 8,819,158 172,527 1,686,649 10,678,334
HULL 3,591,192 70,254 1,792,503 5,453,949
HUNTINGTON 205,922 0 291,504 497,426
IPSWICH 2,545,833 49,804 1,357,726 3,953,363
KINGSTON 3,801,121 74,361 811,851 4,687,333
LAKEVILLE 2,249,477 44,006 692,065 2,985,548
LANCASTER 0 0 808,506 808,506
LANESBOROUGH 795,318 15,559 291,766 1,102,643
LAWRENCE 135,531,978 2,651,383 16,607,385 154,790,746
LEE 1,907,927 37,324 526,757 2,472,008
LEICESTER 9,145,765 178,917 1,468,595 10,793,277
LENOX 1,125,174 22,012 450,838 1,598,024
LEOMINSTER 39,420,116 771,167 4,840,828 45,032,111
LEVERETT 265,580 5,195 150,975 421,750
LEXINGTON 7,013,863 137,211 1,296,276 8,447,350
LEYDEN 0 0 69,641 69,641
LINCOLN 714,674 13,981 575,819 1,304,474
LITTLETON 3,484,917 68,175 601,236 4,154,328
LONGMEADOW 4,087,324 79,959 1,181,711 5,348,994
LOWELL 114,495,103 2,239,843 21,304,471 138,039,417
LUDLOW 12,738,623 249,203 2,583,866 15,571,692
LUNENBURG 4,498,396 88,001 894,449 5,480,846
LYNN 113,140,585 2,213,345 18,937,447 134,291,377
LYNNFIELD 3,779,396 73,936 879,672 4,733,004
MALDEN 39,466,415 772,073 10,611,641 50,850,129
MANCHESTER 0 0 188,099 188,099
MANSFIELD 17,778,173 347,791 1,886,682 20,012,646
MARBLEHEAD 4,524,671 88,515 963,171 5,576,357
MARION 429,364 8,400 190,849 628,613
MARLBOROUGH 13,061,334 255,516 4,604,312 17,921,162
MARSHFIELD 13,494,608 263,992 1,832,321 15,590,921
MASHPEE 4,178,081 81,735 311,192 4,571,008
MATTAPOISETT 524,142 10,254 342,810 877,206
MAYNARD 3,515,408 68,771 1,328,816 4,912,995
MEDFIELD 5,590,203 109,360 1,226,088 6,925,651
MEDFORD 10,778,927 210,866 10,259,690 21,249,483
MEDWAY 9,845,648 192,608 1,031,914 11,070,170
MELROSE 7,257,935 141,985 4,337,759 11,737,679
MENDON 26,131 0 345,651 371,782
MERRIMAC 0 0 711,660 711,660
METHUEN 38,616,511 755,447 4,598,863 43,970,821
MIDDLEBOROUGH 16,422,246 321,265 2,085,358 18,828,869
MIDDLEFIELD 18,050 0 44,965 63,015
MIDDLETON 1,475,435 28,864 462,794 1,967,093
MILFORD 14,990,659 293,259 2,583,471 17,867,389
MILLBURY 6,531,884 127,782 1,497,772 8,157,438
MILLIS 3,966,310 77,592 885,551 4,929,453
MILLVILLE 41,056 0 344,528 385,584
MILTON 5,474,895 107,104 2,717,762 8,299,761
MONROE 84,262 0 15,552 99,814
MONSON 7,221,084 141,265 1,104,115 8,466,464
MONTAGUE 0 0 1,212,188 1,212,188
MONTEREY 0 0 39,107 39,107
MONTGOMERY 21,042 0 73,404 94,446
MOUNT WASHINGTON 32,776 0 25,355 58,131
NAHANT 438,388 8,576 319,586 766,550
NANTUCKET 1,327,049 25,961 67,017 1,420,027
NATICK 7,024,303 137,415 3,223,110 10,384,828
NEEDHAM 6,590,957 128,937 1,476,550 8,196,444
NEW ASHFORD 179,597 0 17,180 196,777
NEW BEDFORD 106,123,637 2,076,074 19,457,251 127,656,962
NEW BRAINTREE 0 0 111,657 111,657
NEW MARLBOROUGH 0 0 49,535 49,535
NEW SALEM 0 0 87,758 87,758
NEWBURY 0 0 438,043 438,043
NEWBURYPORT 3,126,377 61,161 2,157,204 5,344,742
NEWTON 13,343,503 261,036 4,970,628 18,575,167
NORFOLK 3,217,602 62,945 811,132 4,091,679
NORTH ADAMS 13,347,304 261,110 3,752,495 17,360,909
NORTH ANDOVER 6,092,035 119,177 1,733,403 7,944,615
NORTH ATTLEBOROUGH 19,424,502 379,997 2,433,430 22,237,929
NORTH BROOKFIELD 4,107,711 80,358 673,975 4,862,044
NORTH READING 6,424,769 125,686 1,501,819 8,052,274
NORTHAMPTON 6,806,523 133,155 3,717,624 10,657,302
NORTHBOROUGH 3,293,494 64,430 943,470 4,301,394
NORTHBRIDGE 13,446,387 263,049 1,785,406 15,494,842
NORTHFIELD 0 0 305,594 305,594
NORTON 12,083,038 236,378 1,757,961 14,077,377
NORWELL 2,992,336 58,538 906,717 3,957,591
NORWOOD 4,783,122 93,571 3,934,274 8,810,967
OAK BLUFFS 610,364 11,940 61,514 683,818
OAKHAM 124,459 0 162,277 286,736
ORANGE 5,090,570 99,586 1,366,932 6,557,088
ORLEANS 236,373 4,624 145,288 386,285
OTIS 0 0 30,765 30,765
OXFORD 9,390,325 183,701 1,739,231 11,313,257
PALMER 10,463,070 204,687 1,696,284 12,364,041
PAXTON 0 0 457,701 457,701
PEABODY 18,563,939 363,162 6,105,613 25,032,714
PELHAM 215,156 4,209 134,637 354,002
PEMBROKE 12,726,668 248,969 1,421,815 14,397,452
PEPPERELL 0 0 1,262,405 1,262,405
PERU 84,251 0 96,598 180,849
PETERSHAM 416,507 8,148 96,968 521,623
PHILLIPSTON 0 0 156,021 156,021
PITTSFIELD 35,512,358 694,721 7,302,808 43,509,887
PLAINFIELD 51,024 0 42,434 93,458
PLAINVILLE 2,505,722 49,019 641,687 3,196,428
PLYMOUTH 21,523,756 421,065 3,314,295 25,259,116
PLYMPTON 563,844 11,030 200,664 775,538
PRINCETON 0 0 250,431 250,431
PROVINCETOWN 256,663 5,021 116,995 378,679
QUINCY 18,949,428 370,704 16,150,797 35,470,929
RANDOLPH 11,244,232 219,969 4,396,472 15,860,673
RAYNHAM 0 0 961,807 961,807
READING 9,437,516 184,624 2,742,082 12,364,222
REHOBOTH 0 0 881,695 881,695
REVERE 37,975,657 742,910 8,700,801 47,419,368
RICHMOND 328,754 6,431 91,509 426,694
ROCHESTER 1,696,698 33,192 359,241 2,089,131
ROCKLAND 9,925,552 194,171 2,236,010 12,355,733
ROCKPORT 1,265,007 24,747 370,109 1,659,863
ROWE 67,290 1,316 3,332 71,938
ROWLEY 0 0 456,773 456,773
ROYALSTON 0 0 152,063 152,063
RUSSELL 168,465 0 208,900 377,365
RUTLAND 0 0 782,441 782,441
SALEM 16,969,097 331,963 5,834,758 23,135,818
SALISBURY 0 0 534,432 534,432
SANDISFIELD 0 0 29,310 29,310
SANDWICH 6,342,344 124,074 953,340 7,419,758
SAUGUS 3,867,629 75,662 3,103,116 7,046,407
SAVOY 496,374 9,710 98,003 604,087
SCITUATE 4,806,334 94,025 1,701,540 6,601,899
SEEKONK 4,249,306 83,128 1,040,834 5,373,268
SHARON 6,432,692 125,841 1,184,040 7,742,573
SHEFFIELD 13,886 0 206,062 219,948
SHELBURNE 4,416 0 221,196 225,612
SHERBORN 497,179 9,726 183,212 690,117
SHIRLEY 4,138,135 80,953 1,109,735 5,328,823
SHREWSBURY 18,412,775 360,205 2,356,176 21,129,156
SHUTESBURY 568,831 11,128 143,436 723,395
SOMERSET 5,196,688 101,662 1,297,302 6,595,652
SOMERVILLE 19,006,095 371,812 21,311,532 40,689,439
SOUTH HADLEY 7,506,322 146,845 2,209,062 9,862,229
SOUTHAMPTON 2,412,147 47,188 538,950 2,998,285
SOUTHBOROUGH 2,640,461 51,655 369,948 3,062,064
SOUTHBRIDGE 15,713,770 307,405 2,975,671 18,996,846
SOUTHWICK 0 0 1,066,935 1,066,935
SPENCER 8,095 0 1,913,110 1,921,205
SPRINGFIELD 262,704,775 5,139,237 32,020,398 299,864,410
STERLING 0 0 586,397 586,397
STOCKBRIDGE 0 0 84,313 84,313
STONEHAM 3,310,118 64,755 3,143,525 6,518,398
STOUGHTON 12,168,170 238,043 2,708,574 15,114,787
STOW 0 0 356,070 356,070
STURBRIDGE 2,225,107 43,529 655,305 2,923,941
SUDBURY 4,184,481 81,860 1,184,015 5,450,356
SUNDERLAND 822,488 16,090 427,516 1,266,094
SUTTON 5,075,229 99,286 660,269 5,834,784
SWAMPSCOTT 2,550,769 49,900 1,094,842 3,695,511
SWANSEA 4,690,809 91,765 1,588,632 6,371,206
TAUNTON 43,844,262 857,716 7,114,121 51,816,099
TEMPLETON 0 0 1,179,482 1,179,482
TEWKSBURY 12,251,726 239,678 2,354,150 14,845,554
TISBURY 378,562 7,406 82,939 468,907
TOLLAND 0 0 15,633 15,633
TOPSFIELD 1,020,461 19,963 518,803 1,559,227
TOWNSEND 0 0 1,111,624 1,111,624
TRURO 244,155 4,776 25,446 274,377
TYNGSBOROUGH 6,923,083 135,435 817,416 7,875,934
TYRINGHAM 35,721 0 10,739 46,460
UPTON 25,708 0 450,325 476,033
UXBRIDGE 8,901,203 174,132 1,163,833 10,239,168
WAKEFIELD 4,769,282 93,300 2,849,501 7,712,083
WALES 690,675 13,512 199,783 903,970
WALPOLE 7,068,906 138,288 2,155,690 9,362,884
WALTHAM 7,030,422 137,535 8,122,362 15,290,319
WARE 8,060,271 157,681 1,460,280 9,678,232
WAREHAM 12,159,874 237,881 1,673,496 14,071,251
WARREN 0 0 765,257 765,257
WARWICK 0 0 107,572 107,572
WASHINGTON 11,237 0 79,890 91,127
WATERTOWN 3,216,974 62,933 5,641,884 8,921,791
WAYLAND 3,128,075 61,194 764,572 3,953,841
WEBSTER 9,503,351 185,912 2,094,234 11,783,497
WELLESLEY 7,163,571 140,139 1,095,717 8,399,427
WELLFLEET 145,542 2,847 49,439 197,828
WENDELL 0 0 147,409 147,409
WENHAM 0 0 362,308 362,308
WEST BOYLSTON 2,789,574 54,572 673,921 3,518,067
WEST BRIDGEWATER 2,221,676 43,462 553,110 2,818,248
WEST BROOKFIELD 201,348 0 411,975 613,323
WEST NEWBURY 0 0 250,622 250,622
WEST SPRINGFIELD 18,143,323 354,934 3,031,424 21,529,681
WEST STOCKBRIDGE 0 0 82,240 82,240
WEST TISBURY 0 0 157,108 157,108
WESTBOROUGH 4,183,588 81,843 980,165 5,245,596
WESTFIELD 32,372,885 633,304 5,324,736 38,330,925
WESTFORD 15,776,704 308,636 1,797,543 17,882,883
WESTHAMPTON 440,058 8,609 122,567 571,234
WESTMINSTER 0 0 553,703 553,703
WESTON 2,406,938 47,086 316,391 2,770,415
WESTPORT 4,132,413 80,841 1,029,055 5,242,309
WESTWOOD 3,756,916 73,496 617,080 4,447,492
WEYMOUTH 22,447,209 439,130 7,375,304 30,261,643
WHATELY 235,454 4,606 113,512 353,572
WHITMAN 112,364 0 2,048,158 2,160,522
WILBRAHAM 0 0 1,237,908 1,237,908
WILLIAMSBURG 405,448 7,932 256,078 669,458
WILLIAMSTOWN 890,585 17,422 807,552 1,715,559
WILMINGTON 10,131,715 198,205 2,103,236 12,433,156
WINCHENDON 11,055,922 216,285 1,422,984 12,695,191
WINCHESTER 5,684,874 111,212 1,251,470 7,047,556
WINDSOR 47,361 0 87,837 135,198
WINTHROP 4,784,037 93,589 3,565,783 8,443,409
WOBURN 6,189,936 121,092 5,063,784 11,374,812
WORCESTER 187,838,166 3,674,638 35,150,026 226,662,830
WORTHINGTON 60,179 0 106,245 166,424
WRENTHAM 3,520,026 68,862 788,586 4,377,474
YARMOUTH 4,574 0 1,067,932 1,072,506
Total Municipal Aid 3,245,173,187 63,415,941 898,980,293 4,207,569,421
 
Regional School District 7061-0008
Chapter 70
Potential
Allocation
of Federal Funds
from the ARRA
State Fiscal
Stabilization
Fund
Unrestricted
General
Government
Aid
Potential Total
Section 3
Local Aid
(Contingent Upon
Allocation of
Federal Funds)
ACTON BOXBOROUGH 6,931,919 135,608   7,067,527
ADAMS CHESHIRE 9,659,551 188,968   9,848,519
AMHERST PELHAM 9,120,106 178,415   9,298,521
ASHBURNHAM WESTMINSTER 9,882,650 193,332   10,075,982
ASSABET VALLEY 2,763,012 54,052   2,817,064
ATHOL ROYALSTON 16,880,687 330,233   17,210,920
BERKSHIRE HILLS 2,643,288 51,710   2,694,998
BERLIN BOYLSTON 867,217 16,965   884,182
BLACKSTONE MILLVILLE 10,455,320 204,535   10,659,855
BLACKSTONE VALLEY 7,329,879 143,393   7,473,272
BLUE HILLS 3,799,362 74,326   3,873,688
BRIDGEWATER RAYNHAM 19,943,306 390,147   20,333,453
BRISTOL COUNTY 2,933,494 57,387   2,990,881
BRISTOL PLYMOUTH 9,422,839 184,337   9,607,176
CAPE COD 2,009,976 39,321   2,049,297
CENTRAL BERKSHIRE 8,291,382 162,203   8,453,585
CHESTERFIELD GOSHEN 713,102 13,950   727,052
CONCORD CARLISLE 1,776,656 34,756   1,811,412
DENNIS YARMOUTH 6,369,450 124,604   6,494,054
DIGHTON REHOBOTH 12,127,640 237,250   12,364,890
DOVER SHERBORN 1,352,295 26,455   1,378,750
DUDLEY CHARLTON 23,361,642 457,019   23,818,661
ESSEX AGRICULTURAL 3,981,521 77,890   4,059,411
FARMINGTON RIVER 382,253 7,478   389,731
FRANKLIN COUNTY 3,251,395 63,606   3,315,001
FREETOWN LAKEVILLE 6,980,661 136,561   7,117,222
FRONTIER 2,690,347 52,631   2,742,978
GATEWAY 5,523,878 108,062   5,631,940
GILL MONTAGUE 5,936,062 116,126   6,052,188
GREATER FALL RIVER 13,431,054 262,749   13,693,803
GREATER LAWRENCE 19,762,420 386,608   20,149,028
GREATER LOWELL 20,785,128 406,615   21,191,743
GREATER NEW BEDFORD 21,740,799 425,311   22,166,110
GROTON DUNSTABLE 10,224,085 200,012   10,424,097
HAMILTON WENHAM 3,235,322 63,292   3,298,614
HAMPDEN WILBRAHAM 11,046,497 216,100   11,262,597
HAMPSHIRE 3,066,486 59,989   3,126,475
HAWLEMONT 600,513 11,748   612,261
KING PHILIP 6,987,941 136,704   7,124,645
LINCOLN SUDBURY 2,500,432 48,915   2,549,347
MANCHESTER ESSEX 1,585,661 31,020   1,616,681
MARTHAS VINEYARD 2,677,387 52,377   2,729,764
MASCONOMET 4,661,972 91,201   4,753,173
MENDON UPTON 11,793,702 230,718   12,024,420
MINUTEMAN 2,117,803 41,430   2,159,233
MOHAWK TRAIL 5,778,373 113,041   5,891,414
MONTACHUSETT 12,177,840 238,232   12,416,072
MOUNT GREYLOCK 1,639,621 32,076   1,671,697
NARRAGANSETT 9,556,093 186,944   9,743,037
NASHOBA 6,095,442 119,244   6,214,686
NASHOBA VALLEY 3,080,894 60,271   3,141,165
NAUSET 3,187,010 62,347   3,249,357
NEW SALEM WENDELL 618,029 12,090   630,119
NORFOLK COUNTY 968,927 18,955   987,882
NORTH MIDDLESEX 19,401,015 379,538   19,780,553
NORTH SHORE 1,522,317 29,781   1,552,098
NORTHAMPTON SMITH 880,911 17,233   898,144
NORTHBORO SOUTHBORO 2,706,679 52,950   2,759,629
NORTHEAST METROPOLITAN 7,787,386 152,343   7,939,729
NORTHERN BERKSHIRE 4,173,354 81,642   4,254,996
OLD COLONY 3,142,926 61,484   3,204,410
OLD ROCHESTER 1,949,451 38,137   1,987,588
PATHFINDER 4,773,477 93,383   4,866,860
PENTUCKET 12,454,267 243,640   12,697,907
PIONEER 3,950,682 77,286   4,027,968
QUABBIN 15,987,266 312,755   16,300,021
QUABOAG 7,848,331 153,535   8,001,866
RALPH C MAHAR 5,226,780 102,250   5,329,030
SHAWSHEEN VALLEY 5,465,628 106,923   5,572,551
SILVER LAKE 6,630,012 129,701   6,759,713
SOUTH MIDDLESEX 2,400,022 46,951   2,446,973
SOUTH SHORE 3,524,139 68,942   3,593,081
SOUTHEASTERN 12,007,606 234,902   12,242,508
SOUTHERN BERKSHIRE 1,789,290 35,003   1,824,293
SOUTHERN WORCESTER 9,350,174 182,915   9,533,089
SOUTHWICK TOLLAND 8,140,267 159,246   8,299,513
SPENCER EAST BROOKFIELD 13,166,267 257,569   13,423,836
TANTASQUA 7,442,962 145,605   7,588,567
TRI COUNTY 5,076,999 99,320   5,176,319
TRITON 8,068,337 157,839   8,226,176
UPISLAND 777,438 15,209   792,647
UPPER CAPE COD 2,832,966 55,421   2,888,387
WACHUSETT 21,243,244 415,577   21,658,821
WHITMAN HANSON 23,339,328 456,582   23,795,910
WHITTIER 6,260,014 122,463   6,382,477
Total Regional Aid 606,019,856 11,855,434  617,875,290
Total Municipal and Regional Aid 3,851,193,043 75,271,375 898,980,2934,825,444,711

 

Repeal Legislative Document Room

SECTION 4.   Section 18A of chapter 3 of the General Laws is hereby repealed.
 

 

Legal Holidays

SECTION 5.   Clause Eighteenth of section 7 of chapter 4 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 87-92, the words "'Legal holiday' shall also include, with respect to Suffolk county only, March seventeenth and June seventeenth, or the day following when said days occur on Sunday; provided, however, that the words "legal holiday'' as used in section forty-five of chapter one hundred and forty-nine shall not include March seventeenth, or the day following when said day occurs on Sunday" and inserting in place thereof the following words:- "Legal holiday'' shall also include, with respect to Suffolk county only, Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, or the day following when said days occur on Sunday; provided, however, that all state and municipal agencies, authorities, quasi-public entities or other offices located in Suffolk county shall be open for business and appropriately staffed on Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, and that section forty-five of chapter one hundred and forty-nine shall not apply to Evacuation Day, on March seventeenth, and Bunker Hill Day, on June seventeenth, or the day following when said days occur on Sunday.
 

 

Shared Services for Executive Offices

SECTION 6.   Chapter 6A of the General Laws is hereby amended by inserting after section 7 the following section:-

Section 7A. Notwithstanding any general or special law to the contrary, each secretary may, identify information technology related activities and related supporting financial functions common to the state agencies within the executive office and may designate such functions as core information technology functions. To improve administrative efficiency and preserve fiscal resources, the secretary may direct that core information technology functions be performed by the executive office or by state agencies designated by the secretary to perform those functions. The secretary may delegate the secretary's signature authority for such functions to an officer or employee of an agency within the executive office. Nothing in this section shall waive the responsibility of each agency head to certify obligations and expenditures for appropriations and other legally available funds of the agency pursuant to section 3 of chapter 7A, the responsibilities of an agency head pursuant to state finance law, including but not limited to, sections 19, 20, 24, 26 and 27 of chapter 29, and the responsibility of an agency head to certify work by employees of the agency pursuant to section 31 of said chapter 29. The executive office or any state agencies designated to perform core information technology functions may charge the state agencies that receive such services for the reasonable costs of providing the services. Any employee transfers that occur in connection with the consolidation of core information technology functions within the executive office or state agencies shall not: (a) impair the civil service status of any such transferred employee who immediately before the effective date of that transfer either holds a permanent appointment in a position classified under chapter 31 or has tenure in a position by reason of section 9A of chapter 30; or (b) impair or change an employee's status, rights or benefits under chapter 150E.
 

 

Bureau of Sped Appeals

SECTION 7.   Section 4H of chapter 7 of the General Laws, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-

In accordance with section 2A of chapter 71B, the division shall provide, through the bureau of special education appeals, adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between or among parents, school districts, private schools and state agencies concerning: (i) any matter relating to the identification, evaluation or educational program or placement of a child with a disability or the provision of a free and appropriate public education to the child arising under said chapter 71B and its regulations or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its regulations; or (ii) a student's rights under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division. The costs incurred by the division in carrying out its duties pursuant to this paragraph shall be borne by the department of elementary and secondary education. These costs and the costs of carrying out the division's other duties shall be kept separate to the extent practical, except that the costs of administrative support for the bureau of special education appeals shall be allocated to the bureau of special education appeals under a reasonable formula determined by the commissioner of elementary and secondary education and the chief administrative magistrate. The commissioner of elementary and secondary education and the chief administrative magistrate shall periodically enter into memoranda of understanding to set forth the obligations of their respective organizations in carrying out this paragraph, as described in said section 2A of said chapter 71B. The director of special education appeals shall participate in the negotiations with regard to the memoranda of understanding and the commissioner of elementary and secondary education and the chief administrative magistrate shall make all reasonable efforts to incorporate the director's views in entering into the memoranda. The director of the special education appeals shall issue an annual report regarding his views about the memoranda to the chief administrative magistrate and the bureau of special education appeals advisory council.
 

 

On-line Budget Transparency A

SECTION 8.   Said chapter 7 is hereby further amended by inserting after section 11 the following section:-



Section 14C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-



"Agency", a commonwealth authority, board, bureau, commission, department, division, executive office, institution, institution of higher education, the secretary of state, the attorney general, the state treasurer, the state auditor, the administrative office of the trial courts, trial court departments, the supreme judicial court, the appeals court, the governor's office, lieutenant governor's office, the governor's council, the house of representatives and the senate.



"Funding source", the agency and account from where the expenditure is appropriated.



"Recipient", a business corporation, partnership, firm, unincorporated association or other legal business entity engaged in economic activity within the commonwealth, and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H, or 64I. For the purposes of this section, recipient shall include an original grantee or an original contractor of a state award or a political subdivision. A recipient shall not include an individual recipient of state or federal assistance.



"Searchable website", a website that allows the public at no cost to search for, obtain and aggregate the information identified in subsection (b).



"Secretary", the secretary of administration and finance.



"State award" or "award", appropriations, expenditures, grants, subgrants, loans, purchase orders, infrastructure assistance and other forms of financial assistance.



(b) The secretary shall develop and operate a searchable website accessible by the public at no cost that includes:



(1) the name and location of a recipient or agency receiving a state award, the funding source of each award, the date of the award, the amount of funds appropriated and a brief description of the purpose of the award;



(2) local aid to cities and towns including amounts paid to individual municipal agencies;



(3) annual revenues, as determined by the secretary which shall include, but shall not be limited to: (i) receipts or deposits by an agency into funds established within the state treasury; (ii) agency earnings including, but not limited to, amounts collected by each agency for services performed and licenses and permits issued; (iii) compensation for the purchase or lease of state-owned property and interest collected from state-issued loans; and (iv) federal grants;



(4) a link to all state audits and reports relating to the receipt of state awards by an agency or recipient, including an audit or report issued by the inspector general, state auditor, special commission, legislative committee or executive body;



(5) the reports required by section 88 of chapter 62C; and



(6) any other relevant information specified by the secretary.



(c) The searchable website shall allow users to search electronically by field in a single search, aggregate the data, download information yielded by a search and, where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.



(d) The searchable website shall include and retain information for each fiscal year for not less than 10 fiscal years.



(e) The secretary shall update the searchable website as new data becomes available. All agencies shall provide to the secretary all data that is required to be included in the searchable website not later than 30 days after the data becomes available to the agency. The secretary shall provide guidance to agency heads to ensure compliance with this section.



(f) This section shall not be construed to require the disclosure of: (i) information that is confidential under state or federal law; (ii) payments received by an individual or entity as interest paid by the issuer of any bonds or other public debt.



(g) The secretary shall not be considered in compliance with this section if the data required for the searchable website is not available in a searchable and aggregate manner or if the public is redirected by the searchable website to other government websites, unless each of those websites complies with the requirements of this section.

 

 

Child of Deceased Veteran Tuition Waiver

SECTION 9.   Chapter 15A of the General Laws is hereby amended by inserting after section 19 the following section:-

Section 191/2. Each surviving child of a parent who died as result of injuries sustained during active and full-time military service as a member of the armed forces of the United States or national guard, occurring after 1989, while outside the United States in an armed conflict or hostility, or while deployed in direct support of military activity in a zone of armed conflict or hostility, shall be entitled, upon admittance to a degree program of undergraduate studies at a public institution of higher education as provided in the first paragraph of section 5 to a full waiver for charges due for tuition, mandatory fees and room and board during the period of attendance, subject to any restrictions set forth in this section.

A waiver for room and board under this section shall only be allowed for any period that the child is enrolled as a full-time student at a qualifying public institution. No child shall receive a waiver under this section if he has been awarded a degree previously from a public or private college, university or other institution of higher learning or if, during his attendance at a qualifying public institution after receiving a waiver, he fails to maintain satisfactory academic progress or if the deceased parent was not a resident of the commonwealth at the time of entry or continuance into active and full-time military service.

A child who has received a waiver from a qualifying public institution under this section shall not be entitled to a waiver of charges due for more than 1 undergraduate degree program at the institution where the child is enrolled or at another qualifying public institution unless the waiver for such additional degree program has received the prior approval of the board of higher education. Notwithstanding the foregoing, approval by the board shall be not be required for a child who transfers to a different degree program for undergraduate studies at the institution where the child is currently enrolled or transfers to another degree program for undergraduate studies at another qualifying public institution, provided that the child is no longer enrolled in the previously undertaken degree program.

Consistent with the provisions of this section, the board of higher education may establish general guidelines and regulations for the application and administration of waiver benefits at qualifying public institutions of higher learning.

For the purposes of this section, "child" shall be without qualification or limitation as to the person's age.
 

 

Recovery of Accident Payments by State Agencies

SECTION 10.   Chapter 18 of the General Laws is hereby amended by striking out section 5G, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 5G. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Claimant", a person who suffers a loss from property damage, accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.

"Date of the loss", the date on which the property damage, accident, illness, injury or other incident occurs.

"Third party", an individual, agency, program, entity or insurer including, but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.

(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as the result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the department the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for public assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only any increase in financial assistance that occurred as a result of the property damage, accident, illness, injury or other incident.

(c) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department may also perfect its right to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.

(d) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.

(e) A claimant shall notify the department in writing within 10 calendar days after commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party.

(f) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance provided under chapter 118. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under said chapter 118, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such moneys, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.

(g) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the department to pursue its rights under this section shall be grounds for termination of benefits.

(h) Notwithstanding any general or special law, rule or regulation to the contrary, an insurer doing business in the commonwealth shall provide information requested by the department for use by the agency to recover public assistance benefits under this section.
 

 

Criminal Penalties for Cash Assistance Fraud

SECTION 11.   **Section was returned for amendment (Attachment C)



Said chapter 18 is hereby further amended by inserting after section 5H the following 2 sections:-



Section 5I. Notwithstanding any general or special law to the contrary, eligible recipients of direct cash assistance shall not use direct cash assistance funds held on electronic benefit transfer cards for the purchase of alcoholic beverages or tobacco products. An individual or store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by imprisonment in a jail or house of correction for not more than 2 and one-half years or by a fine of not less than $1,000, or both such fine and imprisonment.



Section 5J. Notwithstanding any general or special law to the contrary, whoever embezzles, willfully misapplies, steals or obtains by fraud any funds, assets or property provided by the department of transitional assistance and whoever receives, conceals or retains such funds, assets or property for his own interest knowing such funds, assets or property have been embezzled, willfully misapplied, stolen or obtained by fraud shall, if such funds, assets or property are of a value of $100 or more, be punished by a fine of not more than $25,000 or by imprisonment in a jail or house of correction for not more than 2 1/2 years, or imprisonment in state prison for not more than 5 years, or both such fine and imprisonment, or if such funds, assets or property are of a value of less than $100, by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both such fine and imprisonment.

 

 

Ocean Advisory Commission Membership 3

SECTION 12.   Section 4C of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in line 59, the figure "8" and inserting in place thereof the following figure:- 9.
 

 

Ocean Advisory Commission Membership

SECTION 13.   Said section 4C of said chapter 21A, as so appearing, is hereby further amended by inserting after the word "Commission", in line 65, the following words:-, 1 of whom shall be a representative of the Nantucket Planning and Economic Development Commission.
 

 

Voice Over Internet Protocol

SECTION 14.   Chapter 25C of the General Laws is hereby amended by inserting after section 6 the following section:

Section 6A. (a) For purposes of this section, the following words shall have the following meanings, unless the context clearly requires otherwise:-:

"Internet Protocol enabled service" or "IP enabled service", service, capability, functionality, or application provided using Internet Protocol, or any successor protocol, that enables an end user to send or receive a communication in Internet Protocol format or any successor format, regardless of technology? provided, however, that no service included within the definition of "Voice over Internet Protocol service" shall be included within this definition.

"Voiceover internet protocol service" or "VoIP Service", service that: (1) enables real time, 2-way voice communications that originate from or terminate to the user's location in internet protocol or any successor protocol? (2) uses a broadband connection from the user's location? and (3) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(b) Except as set forth in subsections (c)to (f), inclusive, and notwithstanding any other general or special law to the contrary, no department, agency, commission or political subdivision of the commonwealth, shall enact, adopt or enforce, either directly or indirectly, any law, rule, regulation, ordinance, standard, order or other provision having the force or effect of law that regulates or has the effect of regulating, the entry, rates, terms or conditions of VoIP Service or IP enabled service.

(c) Subsection (b) shall not be construed to affect the authority of the attorney general to apply and enforce chapter 93A or other consumer protection laws of general applicability.

(d) Subsection (b) shall not be construed to affect, mandate or prohibit the assessment of nondiscriminatory enhanced 911 fees or telecommunications relay service fees.

(e) Subsection (b) shall not be construed to modify or affect the rights or obligations of any carrier under sections 47 USC 251 or 47 USC 252.

(f) Subsection (b) shall not be construed to affect or modify any obligations for the provision of video service by any party under applicable law.
 

 

Auto Damage Appraiser Licensing Board

SECTION 15.   The first paragraph of section 8G of chapter 26 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- A vacancy on the board shall be filled within 60 days from the date of the vacancy.
 

 

Commonwealth Substance Abuse and Prevention Fund

SECTION 16.   Chapter 29 of the General Laws is hereby amended by inserting after section 2AAAA, inserted by section 2 of chapter 169 of the acts of 2009, the following section:-

Section 2BBBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Substance Abuse Prevention and Treatment Fund. The fund shall be credited with all sales tax revenues collected from the sale of alcoholic beverages under chapter 64H which are not part of the dedicated sales tax revenue amount described in section 35T or section 35BB of chapter 10. Amounts credited to the fund shall be expended, subject to appropriation, to support substance abuse treatment and prevention services.
 

 

Capital Gains Revenue Transfer A

SECTION 17.   Section 5B of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word "laws", in line 10, the following words:-the transfers of capital gains income tax revenue required by section 5G.
 

 

Capital Gains Revenue Transfer B

SECTION 18.   Said section 5B of said chapter 29, as so appearing, is hereby further amended by inserting after the word "therein", in line 68, the following words:- , and shall be net of the transfers of capital gains income tax revenue required by section 5G.
 

 

Capital Gains Revenue Transfer C

SECTION 19.   Said chapter 29 is hereby further amended by inserting after section 5F the following section:-

Section 5G. The department of revenue shall report by November 30 to the state comptroller, the executive office for administration and finance and the house and senate committees on ways and means tax revenues estimated to have been collected during the preceding fiscal year from capital gains income. After each quarter, the department of revenue shall certify to the state comptroller the amount of tax revenues estimated to have been collected during the preceding quarter from capital gains income. If the department of revenue certifies that the amount of tax revenues estimated to have been collected from capital gains income exceeds $1,000,000,000 in a fiscal year, the comptroller shall transfer quarterly any such amount that exceeds $1,000,000,000 collected during that fiscal year to the Commonwealth Stabilization Fund established by section 2H. This transfer shall be made before the certification of the consolidated net surplus for the previous fiscal year as provided in section 5C. Five per cent of any amount transferred to the Commonwealth Stabilization Fund under this section shall then be transferred from the Commonwealth Stabilization Fund to the State Retiree Benefits Trust Fund established in section 24 of chapter 32A.
 

 

Debarment of Employers in Violation of Federal Immigration Laws

SECTION 20.   Clause (1) of subsection (c) of section 29F of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by adding the following subclause:-

(x) a violation of federal law prohibiting the employment of unauthorized aliens; or.
 

 

No Lobbyists for State Entities

SECTION 21.   Said chapter 29 is hereby further amended by inserting after section 29I the following section:-

Section 29J. Notwithstanding section 50 of chapter 3, or any other general or special law to the contrary, a state agency or state authority shall not use state funds to pay for an executive or legislative agent, as defined in section 39 of said chapter 3, unless the executive or legislative agent is a full-time employee of the state agency or state authority.
 

 

Open Meeting Notices

SECTION 22.   The third paragraph of subsection (c) of section 20 of chapter 30A of the General Laws, as appearing in section 18 of chapter 28 of the acts of 2009, is hereby amended by inserting after the words "attorney general" the following words:- and a duplicate copy of said notice shall be filed with the regulations division of the state secretary's office.
 

 

Cap Pension Earnings

SECTION 23.   The definition of "Regular compensation" in section 1 of chapter 32 of the General Laws, as most recently amended by section 2 of chapter 21 of the acts of 2009, is hereby further amended by inserting after the second paragraph the following paragraph:-

Notwithstanding any provision of this chapter to the contrary, regular compensation for any person who becomes a member after January 1, 2011, shall not include salary, wages or other compensation in whatever form in any calendar year in excess of 64 per cent of the annual limitation that may be imposed under federal law on the amount of compensation that may be taken into account when calculating benefits under plans described in 26 U.S.C. 401(a) including, but not limited to, the applicable limits for any calendar year under 26 U.S.C. 401(a)(17). Faculty, librarians and administrators in public higher education, as well as any physicians employed by the commonwealth who are eligible for the state retirement system, shall not be prohibited from participating in the college retirement equities fund or the optional retirement program by the Teachers Insurance and Annuity Association.
 

 

Pension Funding Schedules

SECTION 24.   Said section 1 of said chapter 32 is hereby further amended by striking out, in line 488, as appearing in the 2008 Official Edition, the word "may" and inserting in place thereof the following word:- shall.
 

 

Interest Rate on Returned Retirement Deductions

SECTION 25.   Subdivision (1) of section 11 of said chapter 32 is hereby amended by striking out paragraph (a), as so appearing, and inserting in place thereof the following paragraph:-

A member entitled to a return of the member's accumulated total deductions as provided for in paragraph (c) or (d) of subdivision (1) of section 4, in subdivision (4) of section 10, in paragraph (b) of subdivision (2) of section 13 or in subdivision (3) of section 25 shall, subject to subdivision (8) of section 3, this section and section 15, be paid in 1 sum the amount of his accumulated total deductions within 60 days after the member's filing with the board on a prescribed form his written request therefor. For any such member who becomes a member subsequent to January 1, 1984, who voluntarily withdraws from service with creditable service of less than 120 months, the rate of regular interest for purposes of calculating accumulated total deductions shall be 3 per cent. Any other member entitled to return of his accumulated total deduction shall receive 100 per cent of the rate of regular interest payable.
 

 

No summary disposition in DALA retirement cases

SECTION 26.   **Section was returned for amendment (Attachment D)



The second paragraph of subdivision (4) of section 16 of chapter 32 of the General Laws, as so appearing, is hereby amended by inserting after the third sentence the following 2 sentences:- A hearing assigned under this section shall, at the election of a party involving a claim hereunder, be subject to a full evidentiary hearing; provided, however, that such claims may be subject to summary procedure only at the request of any such party; and provided further, that the summary procedure shall be governed by the standard rules promulgated under section 9 of chapter 30A without addition or substitution thereto. The division of administrative law appeals may impose a reasonable administrative fee for the initiation of a claim under this section for the purpose of employing magistrates.

 

 

Supplemental Pension Allowance to Widows of Disabled Employees

SECTION 27.   Section 101 of said chapter 32, as so appearing, is hereby amended by striking out, in line 8, the words "six thousand dollars" and inserting in place thereof the following words:- either $6,000 or, in a retirement system accepting the supplemental annual allowance as provided in this section, $9,000.
 

 

Supplemental Pension Allowance to Widows of Disabled Employees

SECTION 28.   Said section 101 of said chapter 32, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding the previous paragraph, a retirement system may accept a supplemental annual allowance fixed at the rate of $9,000, by a majority vote of the board of each such system, subject to the approval of the legislative body thereof. For the purposes of this section, "legislative body" shall mean, in the case of a city, the city council in accordance with its charter, in the case of a town, the town meeting, in the case of a county, the county retirement board advisory council, in the case of a region, the regional retirement board advisory council, in the case of a district, the district members and, in the case of an authority, the governing body of such authority. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes of this section, the state teachers' and state employees' retirement systems shall be deemed to have accepted the supplemental annual allowance provided for by this section.
 

 

Municipal Retiree Health Insurance Costs Allocated Between Employers

SECTION 29.   Said chapter 32B is hereby further amended by inserting after section 9A the following section:-

Section 9A1/2. Whenever a retired employee or beneficiary receives a healthcare premium contribution from a governmental unit in a case where a portion of the retiree's creditable service is attributable to service in 1 or more other governmental units, the first governmental unit shall be reimbursed in full, in accordance with this paragraph, by the other governmental units for the portion of the premium contributions that corresponds to the percentage of the retiree's creditable service that is attributable to each governmental unit. The other governmental units shall be charged based on their own contribution rate or the contribution rate of the first employer, whichever is lower.

The treasurer of the first governmental unit shall annually, on or before January 15, upon the certification of the board of the system from which the disbursements have been made, notify the treasurer of the other governmental unit of the amount of reimbursement due for the previous fiscal year and the treasurer of the other governmental unit shall immediately take all necessary steps to insure prompt payment of this amount. In default of any such payment, the first governmental unit may maintain an action of contract to recover the same, but there shall be no such reimbursement if the 2 systems involved are the state employees' retirement system and the teachers' retirement system.
 

 

Pension Reform Effective Dates

SECTION 30.   Section 65D of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word "office,", in line 5, the following words:- and a chief justice or an associate justice of the supreme judicial court.
 

 

Essex Pension - Retirement Board Governance Reform 1

SECTION 31.   Section 19 of chapter 34B of the General Laws, as so appearing, is hereby amended by inserting after the word "date" in line 6, the following words:- ; provided, however, that this section shall not apply to Essex county or an entity managing the contributory retirement system formerly administered by Essex county unless explicitly noted otherwise.
 

 

Essex Pension - Retirement Board Governance Reform 1

SECTION 32.   Paragraph (b) of said section 19 of said chapter 34B, as so appearing, is hereby further amended by striking out clause (6).
 

 

Essex Pension - Retirement Board Governance Reform 1

SECTION 33.   Said chapter 34B is hereby further amended by inserting after section 19 the following section:-

Section 19A. (a) The contributory retirement system for Essex county, operating under the terms of sections 1 to 28, inclusive, of chapter 32, shall be known as the Essex regional retirement system and all business shall be transacted under the name of the Essex regional retirement system.

(b) The Essex regional retirement system shall be managed by the Essex regional a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. The board shall consist of 5 members as provided herein:

(1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex regional retirement system for a term of 3 years. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns, units or districts belonging to the Essex regional retirement system. The member town, unit or district weighted vote shall be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. For the purposes of this section, "chief executive or chief administrative officer" shall mean, in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator, in which case it shall mean the chairman of the board of selectmen; in the case of a school district, the superintendent; in the case of a water district, the superintendent; in the case of a veterans' services entity, the director; in the case of a housing authority, the executive director; in the case of a regional vocational institute, the superintendent; in the case of a mosquito control district, the superintendent; and in the case of a regional retirement board, the chief executive officer; provided, however, that in the case of the Essex regional retirement board, the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. If the first member is not elected within 30 days of the expiration of the previous term, or in the event of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted and specifically calling for such election under subsection (i) and shall serve for a term of 3 years.

(3) The third and fourth members, hereinafter referred to as the elected members, shall be elected by the members in or retired from service of the Essex county retirement system from among persons retired under the system in accordance with subsection (i) and shall serve for a term of 3 years.

(4) The fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years. If the fifth member is not chosen within 30 days of the expiration of the member's term, or if a vacancy in the office occurs before the end of the term, the public employee retirement administration commission shall appoint the fifth member.

(5) Upon the expiration of the term of office of a member, or in the event of a vacancy, the member's successor shall be elected for a term of 3 years or for the unexpired portion thereof, as the case may be.

(6) The members of the retirement board shall elect a chairman from among the members.

(c) The members of the Essex regional retirement board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32.

(d) No person shall be both a member of the Essex regional retirement board, or an employee thereof, and registered as a legislative or executive agent, as defined in section 39 of chapter 3. Should a sitting member of the board register as a legislative or executive agent, as so defined, the member's seat shall be considered vacant.

(e) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission. All permanent employees of the retirement system shall be members of the retirement system.

(f) The retirement board may purchase or lease property, facilities and equipment and employ personnel necessary for the proper administration and transaction of business of the retirement system.

(g) The retirement board and the chairman thereof shall respectively be and act as the board and treasurer-custodian of the system with respect to the employees of any town or district who become members of the system as provided for in paragraphs (b) or (c) of subdivision (3) or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members under corresponding provisions of law. The treasurer or other disbursing officer of any such town or district shall act as a liaison officer between the employees thereof and the board of the system.

(h) There shall be an Essex regional retirement board advisory council which shall consist of all the full-time treasurers, elected or appointed, of each city, town, unit or district in the Essex regional retirement system. If a city, town, unit or district does not employ a full-time treasurer, the highest ranking, full-time executive employee shall be a member of the Essex regional retirement board advisory council. The members of the advisory council shall elect a chair from among the members. The council shall meet twice annually and at the call of the chair. The council shall supervise and certify the procedures involved in the election of members to the retirement board, as provided in subsections (b) and (i). Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall annually, not later than December 15, specify by written notice to the council and the board the amounts required to be paid from the Pension Fund, the Annuity Reserve Fund, the Special Fund for Military Service Credit and the Expense Fund, as provided in subdivision (7) of section 22 of chapter 32. The regional retirement board advisory council, at a meeting specifically called for the purpose, shall elect 1 of its members, who shall be a member in service in the retirement system, as a member of the regional retirement board at the expiration of the current member's term, as provided in paragraph (2) of subsection (b).

(i) The Essex regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to a member in or retired from service so requesting and shall require that the nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for the nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least 5 active or retired members of the retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after an investigation, the election board determines that a candidate has filed nomination papers containing less than 5 signatures, the election board shall declare the nomination papers invalid and shall notify the candidate of the determination. If, after an investigation, the election board determines that only 1 candidate has filed the requisite number of signatures, the election board shall declare the candidate to be the elected member of the county retirement board. If, after an investigation, the election board determines that more than 1 candidate has obtained the requisite number of valid signatures, the election board shall notify the candidates of the determination and shall immediately prepare election ballots and set the date for an election to be held within 40 days.

The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of 1 candidate, insert the ballot into a ballot envelope and the ballot envelope into the pre-stamped envelope, seal the pre-stamped envelope and mail the envelope to the election board in care of the Essex regional retirement board, within 20 days after they were mailed. An envelope postmarked later than 20 days after the mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all candidates to be present at the tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect the envelopes. Any envelope which has been opened prior to that date or which has not been signed on the rear by the appropriate addressee shall be invalidated and shall not be used to determine the elected member. The election board shall assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from the envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid.

The election board shall notify each candidate in writing of the results of the election. All envelopes and ballots received by the election board, including those determined to be invalid, shall be preserved by the election board for 2 years. The costs incurred by the election board in administering the election shall be paid from the Essex regional retirement system administration fund.

(j) The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits and board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission, shall be borne by the employees and board members and the regional retirement system.

Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to employees and retirees through the Essex regional retirement system; provided, however, that the system is fully reimbursed, in the case of retirees, for the cost of the benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits.

(k) If the public employment retirement administration commission makes a written finding that the retirement board has violated or neglected to comply with chapter 32 or the rules and regulations promulgated by the public employee retirement administration commission, in a manner that substantially impacts the duties or obligations of the board, the commission may appoint a receiver to oversee the retirement board. The receiver shall be authorized to take or refrain from taking any action in order to ensure that the system is managed with reasonable care, skill, prudence and diligence. The action may include, but shall not be limited to, the following: (i) transfer of assets to the PRIT Fund; (ii) removal of a board member; (iii) appointment of a board member; (iv) termination of a contract; (v) approval or denial of retirement benefits; (vi) employment or termination of employees; and, (vii) conduct a fiduciary audit.
 

 

Corporate Election Advertising

SECTION 34.   Chapter 55 of the General Laws is hereby amended by inserting after section 18F, inserted by section 43 of chapter 28 of the acts of 2009, the following section:-

Section 18G. An independent expenditure or electioneering communication which is transmitted through paid radio, television or internet advertising shall include a statement disclosing the identity of the individual, corporation, group or association paying for the advertisement. If the independent expenditure or electioneering communication is a radio or television advertisement, the advertisement shall include a statement by the individual paying for the advertisement in which the person acknowledges that he paid for the message and his city or town of residence. If the radio or television advertisement is paid for by a corporation, group, association or a labor union, the following statement shall be made by the chief executive officer of the corporation, the chairman or principal officer of the group or association or the chief executive or business manager of a labor union: "I am _________________ (name) the ______________________ (office held) of _____________________ (name of corporation, group, association or labor union) and ______________ (name of corporation, group, association or labor union) approves and paid for this message." Such statements in television advertisements shall be conveyed by an unobscured, full-screen view of the person making the statement. If an independent expenditure or electioneering communication is transmitted through internet advertising, the statement shall appear in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement.

Whoever violates this section shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $10,000, or both.
 

 

Extending the Mass Historic Rehabilitation Tax Credit I

SECTION 35.   Section 6J of chapter 62 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 36 and 37, the words "6 year period beginning January 1, 2006, and ending December 31, 2011" and inserting in place thereof the following words:- 12-year period beginning January 1, 2006, and ending December 31, 2017.
 

 

DOR Administrative Provisions to Facilitate Collections A

SECTION 36.   Section 17 of said chapter 62, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) A partner's distributive share of an item of income, loss, deduction or credit shall be determined by the partnership agreement, but the distributive share shall be determined in accordance with the partner's interest in the partnership, determined by taking into account all facts and circumstances, if: (i) the allocation to a partner under the agreement of income, gain, loss, deduction or credit, or any item thereof, has no substantial economic effect; or (ii) the partnership agreement does not provide as to the partner's distributive share of income, gain, loss, deduction or credit, or item thereof. The partner shall include the distributive share of income, loss, deduction or credit in the partner's return for the taxable year during which or with which the taxable year of the partnership ends. Except as the context otherwise requires and subject to rules or regulations that the commissioner may adopt, the determination of a partner's distributive share shall take into account rules and principles developed under the Code and any regulations promulgated thereunder, and adjusted as required or appropriate to properly reflect income and other tax items for Massachusetts tax purposes.
 

 

Tax Credit Transparency

SECTION 37.   Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Building contractor" the following 2 definitions:-

"Administering agency head", the agency head responsible for administering the applicable state tax credit program; provided, however, that for the brownfields tax credit, the film tax credit and the medical device tax credit, the administering agency shall be the commissioner.

"Authorized tax credit", a tax credit granted pursuant to a tax credit program.
 

 

Tax Credit Transparency

SECTION 38.   Said section 1 of said chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Promoter" the following definition:-

"Secretary", the secretary of administration and finance.
 

 

Tax Credit Transparency

SECTION 39.   Said section 1 of said chapter 62C, as so appearing, is hereby further amended by adding the following definition:-

"Tax credit program", (i) the tax credit in subsection (j) of section 6 of chapter 62 and section 38Q of chapter 63; (ii) the dairy farmer tax credit in subsection (o) of said section 6 of said chapter 62 and the dairy farm tax credit in section 38Z of said chapter 63; (iii) the U.S.F.D.A. user fees credit in section 31M of said chapter 63 and subsection (n) of said section 6 of said chapter 62; (iv) the film tax credit in subsection (b) of section 38X of said chapter 63 and subsection (l) of said section 6 of said chapter 62; (v) the historic rehabilitation tax credit in section 38R of said chapter 63 and section 6J of said chapter 62; (vi) the life sciences investment tax credit in section 38U of said chapter 63 and subsection (m) of said section 6 of said chapter 62; (vii) the low-income housing tax credit in section 31H of said chapter 63 and section 6I of said chapter 62; (viii) the medical device tax credit in section 31L of said chapter 63 and section 6 1/2 of said chapter 62; (ix) the refundable research credit in subsection (j) of section 38M of said chapter 63; (x) the economic development incentive program in subsection (g) of said section 6 of said chapter 62 and section 38N of said chapter 63; and (xi) any transferrable or refundable credits under chapter 62 and 63 established after January 1, 2011.
 

 

DOR Administration Provisions to Facilitate Collections B

SECTION 40.   Said chapter 62Cis hereby further amended by inserting after section 24 the following section:-

Section 24A. (a) Members or indirect owners of a pass-through entity shall report items of income, expense or credit derived from the pass-through entity in a manner consistent with the reporting of the pass-through entity, except to the extent that a taxpayer member or indirect owner makes a declaration of inconsistency with its original return.

(b) The commissioner shall establish by regulation unified audit procedures. The commissioner may audit, in a unified proceeding, a pass-through entity 1 or more of whose members or indirect owners are subject to tax under chapters 62 or 63; provided, however, that nothing in this section shall limit the ability of the commissioner to audit or assess individual members or indirect owners with respect to items derived from a pass-through entity. The commissioner's regulations shall establish the types of pass-through entities subject to unified audit proceedings which may include, but shall not be limited to, partnerships and S corporations. The regulations shall also provide for the designation by the pass-through entity of a tax matters partner who shall have the authority to represent all the members or indirect owners in the unified proceeding, except to the extent that a member or indirect owner opts out of the unified proceeding as provided in subsection (d). The authority of the tax matters partner in a unified proceeding generally shall include, but not be limited to, the following: (i) receiving tax notices on behalf of participating members or indirect owners with respect to pass-through entity items; (ii) entering into settlement agreements with the commissioner under section 37C on behalf of the participating members or indirect owners with regard to pass-through entity items; (iii) filing applications for abatement under section 37 on behalf of the participating members or indirect owners with respect to pass-through entity items; and (iv) filing appeals with the appellate tax board under section 39 on behalf of participating members or indirect owners in the case of a denial of an abatement by the commissioner, if the underlying abatement application relates to pass-through entity items. So far as practicable, the commissioner's regulations shall be modeled on federal rules.

(c) The statute of limitations for the assessment of tax of a member or indirect owner with respect to a pass-through entity item for an entity's taxable year shall not expire before the latest of: (i) 3 years after the later of the date on which the entity's return for the taxable year was filed or the last day for filing the entity's return for that year, without extensions, or (ii) an assessment period otherwise applicable to the taxpayer member or indirect owner. Subsections (d) and (h) of section 26 shall apply to returns filed by a pass-through entity. In the case of a unified proceeding, the tax matters partner or other person authorized by a pass-through entity may enter into a written agreement with the commissioner under section 27 to extend the statute of limitations for assessment with respect to items of the pass-through entity, in which case such agreement shall operate to extend the statute of limitation for assessment with respect to all members or indirect owners with respect to such items, including any members or indirect owners who may have opted out of the unified proceeding pursuant to subsection (d).

(d) Members or indirect owners of a pass-through entity may choose not to participate in a unified audit procedure by providing notice to the commissioner in such manner as the commissioner may require. Non-participating members or indirect owners shall retain all rights provided under this chapter with respect to determining and disputing tax related to pass-through entity items; provided, however, that the statute of limitations for assessment of tax to non-participating members or indirect owners with respect to items derived from a pass-through entity that is subject to a unified proceeding shall not expire before the end of the time period provided in subsection (c).
 

 

DOR Administration Provisions to Facilitate Collections C

SECTION 41.   Section 30 of said chapter 62C, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

Any person or estate failing to comply with the first paragraph shall be assessed a penalty of 10 per cent of the additional tax found due and such penalty shall become part of the additional tax found due. For reasonable cause shown, the commissioner may, in the commissioner's discretion, abate the penalty in whole or in part.
 

 

DOR Administration Provisions to Facilitate Collections D

SECTION 42.   Section 30A of said chapter 62C, as so appearing, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:-

(c) Any person failing to comply with subsection (a) shall be assessed a penalty of 10 per cent of the additional tax found due and such penalty shall become part of the additional tax found due. For reasonable cause shown, the commissioner may, in the commissioner's discretion, abate the penalty in whole or in part.
 

 

DOR Administration Provisions to Facilitate Collections E

SECTION 43.   Section 31A of said chapter 62C is hereby amended by inserting after the figure "62B", in line 4, as so appearing, the following words:- , section 7D of chapter 64C.
 

 

DOR Administration Provisions to Facilitate Collections F

SECTION 44.   Section 32 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 62, the word "ninetieth" and inserting in place thereof the following word:- sixtieth.
 

 

DOR Administration Provisions to Facilitate Collections G

SECTION 45.   The first paragraph of paragraph (3) of subsection (e) of said section 32 of said chapter 62C, as so appearing, is hereby amended by adding the following sentence:- For purposes of this paragraph, the date of a decision by the appellate tax board shall be determined without reference to any later issuance of finding of facts and report by the board or to any request for a finding of facts and report.
 

 

DOR Administration Provisions to Facilitate Collections H

SECTION 46.   Said chapter 62C is hereby further amended by inserting after section 32 the following section:-

Section 32A. (a) If an obligation from an installment transaction to which subsections (a) to (c), inclusive, of section 453A of the Code applies is outstanding as of the close of a taxable year, the tax imposed by chapter 62 or 63 for that taxable year shall be increased by the amount of interest equal to the product of the applicable percentage of the deferred tax liability determined under section 453A(c) of the Code, adjusted to reflect differences in, or otherwise to take into account, the tax laws of the commonwealth, including use of the applicable tax rate under said chapter 62 or 63, multiplied by the underpayment rate in effect under subsection (a) of section 32.

(b) In the case of an installment obligation to which section 453(l)(2)(B) of the Code applies, the tax imposed by chapter 62 or 63 for a tax year in which payment on that obligation is received shall be increased by an amount of interest determined as follows: the amount of tax for that taxable year attributable to the payments on installment obligations to which this subsection applies shall be multiplied by the underpayment rate determined under subsection (a) of section 32 in effect at the time of sale, which rate shall be applied for the period beginning on the date of sale and ending on the date that payment is received.

(c) The commissioner may issue rules or regulations analogous to those under sections 453 and 453A of the Code, adjusted to reflect differences in, or otherwise to take into account, the tax laws of the commonwealth.
 

 

Tax Credit Transparency

SECTION 47.   Said chapter 62C is hereby further amended by adding the following section:-

Section 89. (a) Annually on or before May 15, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year, in this section called the report, which shall be a public record. For purposes of this report, no information shall be used pertaining to credits, exemptions or deductions awarded or claimed prior to January 1, 2011. For the purposes of this section, the taxpayer shall be the initial recipient of an authorized tax credit.

(b) The report shall contain the following information: (i) the identity of each taxpayer receiving an authorized tax credit and from which tax credit program the credit was received; (ii) the amount of the authorized tax credit awarded and issued for each taxpayer and each project, if applicable; and (iii) the date that the authorized tax credit was awarded and issued for each taxpayer and each project.
 

 

Extending the Mass Historic Rehabilitation Tax Credit 2

SECTION 48.   Section 38R of chapter 63 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 35 and 36, the words "6 year period beginning January 1, 2006, and ending December 31, 2011" and inserting in place thereof the following words:- 12-year period beginning January 1, 2006, and ending December 31, 2017.
 

 

DOR Administration Provisions to Facilitate Collections I

SECTION 49.   Chapter 64C of the General Laws is hereby amended by inserting after section 7C the following section:-

Section 7D. A person who fails to pay to the commissioner any sum required to be paid under this chapter shall be personally and individually liable therefor to the commonwealth. For the purposes of this section, "person" shall include, but not be limited to, an officer or employee of a corporation or a member or employee of a partnership or limited liability company who, as such officer, employee or member, is under a duty to pay over the taxes imposed by this chapter.
 

 

Vendor Absorption of Sales Tax

SECTION 50.   Section 23 of chapter 64H of the General Laws is hereby repealed.
 

 

Charter Tuition Effective Date

SECTION 51.   Subsection (ff) of section 89 of chapter 71 of the General Laws, as appearing in section 7 of chapter 12 of the acts of 2010, is hereby amended by adding the following paragraph: -

In the event of a charter school closing or eliminating grade levels as required by the board, the school district shall retain chapter 70 allotments for the students who attended those grade levels in the previous year.
 

 

Recovery High School Funding

SECTION 52.   Subsection (b) of section 91 of said chapter 71, as appearing in section 65 of chapter 27 of the acts of 2009, is hereby amended by striking out the words "chapter 70 per pupil allotment" and inserting in place thereof the following words:- foundation budget per pupil.
 

 

Bureau of Special Education Appeals 1

SECTION 53.   Chapter 71B of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2A. (a) There shall be a bureau of special education appeals which shall provide adjudicatory hearings, mediation and other forms of alternative dispute resolution as determined by the bureau of special education appeals for resolution of disputes between and among parents, school districts, private schools and state agencies concerning: (i) any matter relating to the identification, evaluation, education program or educational placement of a child with a disability or the provision of a free and appropriate public education to the child arising under this chapter and regulations promulgated hereunder or under the Individuals with Disabilities Education Act, 20 U.S.C. section 1400 et seq., and its regulations; or (ii) a student's rights under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, and its regulations. All such disputes shall be referred for resolution to the bureau of special education appeals in the division of administrative law appeals. The methods of alternative dispute resolution that may be provided by the bureau of special education appeals shall include those conducted by hearing officers including, without limitation, settlement conferences and advisory opinion procedures to facilitate efficient resolution of disputes for which a hearing has been requested before the bureau of special education appeals. The bureau shall be maintained and operated as a separate subdivision of the division of administrative law appeals and shall be independent of the department of elementary and secondary education. The division of administrative law appeals shall provide the following administrative support functions to the bureau on an integrated basis with the same administrative support functions of the division to the extent agreed upon in, and paid for pursuant to, the memoranda of understanding entered into under subsection (d): personnel administration; finance; facility operations; technology support; and clerical support.

The bureau shall be administered by a full-time director of special education appeals who shall be appointed by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education, and who shall report to the chief administrative magistrate. The director of special education appeals shall have operational authority over the bureau and all hearing officers and mediators, except as otherwise provided in this section. The chief administrative magistrate shall supervise the director. The director shall be an attorney with extensive knowledge and experience in the areas of litigation, administrative law and special education law. Before hiring a director, the chief administrative magistrate shall provide a reasonable opportunity for an interview committee consisting of not more than 5 of the bureau's hearing officers and mediators to interview finalists for the position and provide feedback to the chief administrative magistrate on such finalists. The chief administrative magistrate, hearing officers and mediators shall ensure that the names of all candidates are kept confidential.

The chief administrative magistrate and director shall ensure that the bureau and its hearing officers and mediators comply with the minimum standards established under laws, regulations and division policies as provided herein. The chief administrative magistrate and director shall have all powers necessary and proper for carrying out these responsibilities. Any decision to terminate the employment of the director shall be made by the chief administrative magistrate, in consultation with the commissioner of elementary and secondary education. The chief administrative magistrate and the director shall meet regularly to review the management and administration of the bureau, including compliance with federal timelines, quality standards, personnel and issues that arise with respect to the matters covered in the memorandum of understanding entered into pursuant to said subsection (d).

The department of elementary and secondary education shall retain responsibility for general supervision of the bureau as specified in and consistent with the Individuals with Disabilities Education Act, 20 U.S.C. sections 1400 et seq., and shall ensure compliance of the dispute resolution system with the federal act. The department shall perform all oversight necessary for carrying out these responsibilities. The department of elementary and secondary education may request and shall receive periodic reports necessary to respond to the reporting requirements regarding hearings and mediations of the federal act.

The board of elementary and secondary education may issue regulations establishing minimum standards for the dispute resolution system for special education, including minimum standards for the qualifications, competence and impartiality of hearing officers and mediators, and such other standards and requirements as necessary to ensure compliance with all applicable federal laws and regulations and quality standards. The director of special education appeals, in consultation with the chief administrative magistrate, may issue such rules and procedures as are necessary to carry out the bureau's functions; provided, however, that the director shall consult with the commissioner prior to the issuance of any such rules and procedures; and provided further, that all rules and procedures shall be consistent with applicable statutes, the board's regulations and the division of administrative law appeal's policies.

(b) The division of administrative law appeals shall protect the confidentiality of any personally identifiable data, information and records collected or maintained by the bureau consistent with the Individuals with Disabilities Education Act and other applicable state and federal laws and regulations.

(c) Hearing officers shall be hired by the director under the direction and supervision of the chief administrative magistrate. Hearing officers shall be knowledgeable and experienced attorneys who meet the qualifications and criteria set forth in 34 C.F.R. section 300.511(c) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and the board of elementary and secondary education regulations. Mediators shall be hired by the director under the direction and supervision of the chief administrative magistrate. Mediators shall be knowledgeable and skilled and meet the qualifications and criteria set forth in 34 C.F.R. section 300.506(b) and any other regulations or applicable provisions of the Individuals with Disabilities Education Act and board regulations. Those employees shall work exclusively on matters within the bureau's jurisdiction. The director shall not assign matters subject to the jurisdiction of the bureau to non-bureau hearing officers or other employees of the division; provided, however, that the director may, on a temporary basis, assign matters to hearing officers or mediators outside the bureau if necessary due to temporary caseload increases or temporary absences of bureau staff; provided further, that any such outside hearing officer or mediator shall meet the same standards and qualifications as required for bureau staff and shall only be assigned special education cases for the duration of such temporary assignment; provided further, that such temporary assignment shall not be for more than 6 months and the director shall make every effort to hire additional hearing officers and mediators if necessary to avoid assignment of matters to hearing officers or mediators outside the bureau; and provided further, that any such temporary assignments shall be reported to the bureau of special education appeals advisory council at least every 6 months.

(d) The commissioner of elementary and secondary education and the chief administrative magistrate of the division of administrative law appeals shall enter into a memorandum of understanding which may be amended from time to time. The director of special education appeals shall participate in the negotiations with regard to the memorandum and the commissioner and the chief administrative magistrate shall consider and make all reasonable efforts to incorporate the director's views in entering into the memorandum. The memorandum shall include, but not be limited to, the budget and staffing for the bureau; the range of dispute resolution options that the bureau will offer, including protocols and procedures to encourage prehearing dispute resolution; the allocation of the division's administrative support costs; the transfer of books, papers, records, documents and equipment from the department to the division; the transfer of outstanding contracts and obligations related to the bureau's activities from the department to the division; and the establishment of performance standards and measures for the bureau's activities. The department shall annually enter into an interagency service agreement with the division whereby the department shall provide funding for the bureau's operations as set forth in section 4H of chapter 7 and the memorandum.

(e) There shall be a bureau of special education appeals advisory council to consist of 1 person to be appointed by the speaker of the house of representatives and 1 person to be appointed by the president of the senate who shall act as co-chairs; 1 person designated by the Massachusetts Association of School Superintendents; 1 person designated by the Massachusetts Association of School Committees; 1 person designated by the Massachusetts Association of Special Educators; 1 person designated by the Federation for Children with Special Needs; 1 person designated by the Disability Law Center; and 1 person designated by the Massachusetts Advocates for Children. Pursuant to the department's responsibilities for the general supervision of the bureau, the commissioner of elementary and secondary education or his designee shall participate in meetings of the council. The council's duties shall include, but not be limited to, providing advice and feedback to the chief administrative magistrate of the division of administrative law appeals, the director of special education appeals and the commissioner of elementary and secondary education with respect to the bureau's performance in providing for the fair and timely resolution of disputes under federal and state laws governing special education, matters related to the memorandum of understanding entered into by the chief administrative magistrate and the commissioner with the input of the director, compliance data, the range and types of alternative dispute resolution mechanisms, mechanisms and resources for providing trainings, hearing and mediation data, mechanisms for improving access for pro se parents and outreach to families who are non-English speaking and mechanisms to ensure that the bureau is appropriately maintained and operated both as a separate subdivision of the division and independent of the department.
 

 

Bureau of Special Education Appeals 2

SECTION 54.   Section 3 of said chapter 71B is hereby amended by inserting after the word "hearings", in line 218, as appearing in the 2008 Official Edition, the following words:- through the bureau of special education appeals.
 

 

Worcester Campus Appointment to Board of Trustees

SECTION 55.   Section 44 of chapter 75 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 5, the word "shall" and inserting in place thereof the following word:- may.
 

 

Abolish Regional Reference Center Libraries

SECTION 56.   Section 19C of chapter 78 of the General Laws, as so appearing, is hereby amended by striking out clause (2).
 

 

Civil Motor Vehicle Infraction Hearing Fee

SECTION 57.   Paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws is hereby amended by striking out the first paragraph, as amended by section 73 of chapter 27 of the acts of 2009, and inserting in place thereof the following paragraph:-



A violator may contest responsibility for the infraction by making a signed request for a noncriminal hearing on the back of the citation and mailing such citation, together with a $25 court filing fee, to the registrar at the address indicated on the citation within 20 days of the citation. Notwithstanding any general or special law to the contrary, the registrar, in cooperation with the state comptroller, upon receipt of the $25 court filing fee, shall immediately cause the court filing fee to be transferred to the trial court department to be held as retained revenue.


 

Veto Explanation:
I am vetoing this section because it imposes administrative costs on the Registry of Motor Vehicle and the Merit Rating Board without any appropriation to pay them.

 

Emergency Stockpile Trust Fund

SECTION 58.   **Section was returned for amendment (Attachment E)



Chapter 111 of the General Laws is hereby amended by inserting after section 5A the following section:-



Section 5A½. There is hereby established and set up on the books of the commonwealth a separate trust fund to be known as the Emergency Stockpile Trust Fund for the purpose of effectively facilitating emergency management and pandemic preparedness in accordance with section 5A. The fund shall consist of monies collected pursuant to this section and any income derived from the investing of amounts credited to the fund. The department shall accept monies from municipalities, counties, healthcare facilities and other entities for the purpose of participating in federal contracts under 42 U.S.C. §247d-6b and made available to states under 42 U.S.C. §247d-3a. The department shall oversee the distribution of the funds and shall ensure that the distribution complies with the commonwealth's emergency management plan. All monies deposited into the fund shall be expended on behalf of the contributing municipalities, counties or healthcare facilities for the purchase of health care products and supplies needed for the purposes set forth in the commonwealth's comprehensive emergency management plan and made available under contracts accessible to the commonwealth under 42 U.S.C. §247d-3a and to support any reasonable and necessary administrative costs incurred by the department in managing the purchase of such products and supplies or otherwise overseeing the distribution of monies deposited into the fund. All monies deposited into the fund shall be expended exclusively for the purposes set forth in this section.

 

 

Nuclear Radiation Monitoring

SECTION 59.   Section 5K of said chapter 111, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 67, the figure "$90,000" and inserting in place thereof the following figure:- $180,000.
 

 

Immunization Registry

SECTION 60.   Said chapter 111 is hereby further amended by inserting after 24L the following section:-

Section 24M. The department shall establish, maintain and operate a computerized immunization registry. The immunization registry shall record immunizations and immunization history with identifying information and shall include appropriate controls to protect the security of the system and the privacy of the information.

The department shall promulgate rules and regulations to implement the immunization registry.

Licensed health care providers administering vaccinations shall discuss the reporting procedures of the immunization registry with the persons receiving the vaccinations and their parents or guardians, when appropriate, and advise them of their right to object to the disclosure of such information as set forth in this section.

Notwithstanding any restrictions set forth in section 24B and chapter 46, upon receipt of an initial birth record for a newborn, the state registrar of vital statistics shall transmit to the immunization registry the information regarding immunizations administered to a newborn and such other information transmitted with the birth record that the department determines to be the minimum necessary for the effective operation of the registry.

All licensed health care providers practicing who administer immunizations shall report to the immunization registry such data related to immunizations as the department determines is necessary for disease prevention and control.

Immunization information shall only be released from the immunization registry to the following individuals and agencies without further express consent of the individual or the individual's parent or guardian if the individual is a minor, unless the individual or the parent or guardian objects to such disclosure: (1) licensed health care providers providing direct care to the individual patient; (2) elementary and secondary school nurses and registration officials who require proof of immunization for school enrollment and disease control; (3) local boards of health for disease prevention and control; (4) Women Infants and Children, or WIC, nutrition program staff who administer WIC benefits to eligible infants and children; and (5) staff of state agencies or state programs whose duties include education and outreach related to the improvement of immunization coverage rates among their clients.

The department may designate appropriate users who shall have access only to the individually identifiable information for which access is authorized. Authorized users, including employees of the department, who in good faith disclose or refuse to disclose information to the immunization registry, shall not be liable in any cause of action arising from the disclosure or nondisclosure of such information. The department may revoke access privileges for just cause.

Persons authorized by the commissioner may conduct research studies pursuant to section 24A; provided, however, that the researcher shall submit a written request for information and shall execute a research agreement that protects the confidentiality of the information provided.

The department may enter into collaborative agreements with registries of other states and exchange individual or group information provided that maximum protections are afforded the confidentiality of citizens of the commonwealth in accordance with state law.

Information contained in the immunization registry shall be confidential, shall not constitute a public record and shall not otherwise be disclosed except in accordance with this section. Such confidential information shall not be subject to subpoena or court order, and shall not be admissible as evidence in any action of any kind before a court, tribunal, agency, board or person.

The department shall establish procedures that allow for an individual or, if the individual is a minor, then the individual's parent or guardian to amend incorrect information in the immunization registry and shall provide, upon request, a record of all individuals and agencies that have accessed an individual's information.
 

 

Trustees of the Massachusetts Hospital School

SECTION 61.   Said chapter 111 is hereby further amended by striking out section 62K, as so appearing, and inserting in place thereof the following section:-

Section 62K. The trustees shall be a corporation for the purpose of taking and holding, by them and their successors, in the name of the commonwealth, and in accordance with the terms thereof, any grant or devise of land, bequest of personal property or money or other funds, whether income or principal and whether acquired by gift or contribution or otherwise made, or generated by the trustees for the use or benefit of the school, its students, former students or graduates or any association thereof. Consistent with this purpose, the trustees shall have all the powers permitted a nonprofit corporation under Massachusetts law and an exempt organization described in section 501(c)(3) of the federal Internal Revenue Code, including among others, the power to employ such agencies as they may from time to time determine to be wise and proper for the administration of the funds, and from funds received or the income thereof, to pay such expenses as may be necessary for the administration of these funds, or may, with notification to the governor or council, delegate any powers conferred by this section upon any such company or corporation. In the use, management and administration of such funds, the trustees or their agents shall in their discretion act as most effectively to benefit the school, its students or graduates or any association thereof. No trustee shall be answerable for the default or neglect of any co-trustee, or of any agent employed hereunder, or of any corporation to which power is delegated or transferred as herein authorized.
 

 

Expedited Treatment of Sexual Partners

SECTION 62.   Said chapter 111 is hereby further amended by inserting after section 121A the following section:-

Section 121B. Notwithstanding any general or special law to the contrary, the department, in consultation with the board of registration in medicine, shall promulgate regulations authorizing a physician, physician assistant, nurse practitioner or certified nurse midwife who is authorized under chapter 94C to prescribe and dispense prescription drugs and who diagnoses infections due to Chlamydia trachomatis in individual patients, to prescribe and dispense such prescription drugs to a patient's sexual partners for the presumptive treatment of Chlamydia infection without an examination of the patient's sexual partners.
 

 

Solid Waste I

SECTION 63.   Section 150A of said chapter 111, as appearing in the 2008 Official Edition, is hereby amended by striking out the fifth paragraph.
 

 

Solid Waste 2

SECTION 64.   Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out, in line 71, the words "thirty days of the receipt of the department's report" and inserting in place thereof the following words:- 60 days of receipt of said application.
 

 

Solid Waste 3

SECTION 65.   Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out, in line 79, the words "department's report" and inserting in place thereof the following words:- local board of health.
 

 

Solid Waste IV

SECTION 66.   Said section 150A of said chapter 111, as so appearing, is hereby further amended by striking out the tenth and eleventh paragraphs and inserting in place thereof the following 2 paragraphs:-

No facility, except a refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department, shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the department and the department has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. A refuse transfer station that handles not greater than 50 tons of refuse per day and is designed, constructed and operated in accordance with performance standards issued by the department shall not be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation, unless detailed operating plans, specifications, a public health report, if any, and necessary environmental reports have been submitted to the board of health in the city or town in which the facility is located and such board of health has granted a permit for the facility and notice of such permit is recorded in the registry of deeds or, if the land affected thereby is registered land, in the registry district of the land court for the district wherein the land lies. Within 120 days after the department or board of health, as appropriate, has determined that the operating plans, specifications and reports are complete, the department or board of health shall make a decision granting or refusing to grant a permit. The permit, whether issued by the department or board of health, may limit or prohibit the disposal of particular types of solid waste at a facility in order to protect the public health, promote reuse, waste reduction and recycling, extend the useful life of the facility or reduce its environmental impact.

A decision by the department or a board of health, as appropriate, granting or refusing to grant a permit shall be in writing and shall contain findings with regard to criteria established by the department. A person aggrieved by the action of the department in granting or refusing to grant such permit may appeal that decision pursuant to section 14 of chapter 30A. For the limited purposes of that appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding. A person aggrieved by the decision of a local board of health in granting or refusing to grant a permit for a refuse transfer station may, within 30 days after the publication of notice of such decision, appeal under said section 14 of said chapter 30A. For the limited purposes of that appeal, the board of health shall be deemed to be a state agency under said chapter 30A and its proceedings and decision shall be deemed to be a final decision in an adjudicatory proceeding.
 

 

Lyme Disease

SECTION 67.   Chapter 112 of the General Laws is hereby amended by inserting after section 12CC the following section:-

Section 12DD. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Long-term antibiotic therapy", the administration of oral, intramuscular or intravenous antibiotics singly or in combination, for periods of time in excess of 4 weeks.

"Lyme disease", the clinical diagnosis of a patient by a physician licensed under section 2 of the presence of signs or symptoms compatible with acute infection with Borrelia burgdorferi; late stage, persistent or chronic infection with Borrelia burgdorferi; complications related to such infection; or with such other strains of Borrelia that become identified or recognized by the National Centers for Disease Control and Prevention as a cause of Lyme disease; provided, however, that "Lyme disease" shall also include an infection that meets the surveillance criteria set forth by the National Centers for Disease Control and Prevention and a clinical diagnosis of Lyme disease that does not meet the National Centers for Disease Control and Prevention surveillance criteria but presents other acute and chronic signs or symptoms of Lyme disease as determined by the treating physician; and provided further, that clinical diagnosis shall be based on knowledge obtained through medical history and physical examination only or in conjunction with testing that provides supportive data for such clinical diagnosis.

(b) A licensed physician may prescribe, administer or dispense long-term antibiotic therapy for a therapeutic purpose to eliminate infection or to control a patient's symptoms upon making a clinical diagnosis that the patient has Lyme disease or displays symptoms consistent with a clinical diagnosis of Lyme disease, if such clinical diagnosis and treatment are documented in the patient's medical record by the prescribing licensed physician.
 

 

Funeral Costs 1

SECTION 68.   Chapter 117A of the General Laws is hereby amended by striking out sections 9 and 10, as appearing in the 2008 Official Edition, and inserting in place thereof the following 2 sections:-

Section 9. The department shall provide for the decent final disposition of all deceased persons who are at the time of death recipients of aid or assistance under this chapter, all deceased persons who, although without means of support at the time of death, did not apply for such aid or assistance and all unknown persons found dead. The expense thereof may be recovered from their kindred, if any, chargeable by law for their support in the manner provided in this chapter and if the expense of the funeral and final disposition is not paid by the kindred, an amount not exceeding $1,100 shall be paid by the commonwealth to the funeral establishment; provided, however, that the commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.

Section 10. In case of the decease of a poor and indigent person, the commonwealth shall pay toward the expense of the funeral and final disposition of such person a sum not exceeding $1,100 to the funeral establishment; provided, however, that the commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.
 

 

Funeral Costs 2

SECTION 69.   Section 2 of chapter 118 of the General Laws, as so appearing, is hereby amended by striking out the third paragraph and inserting place thereof the following paragraph:-

The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to the funeral establishment if there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient.
 

 

Funeral Costs 3

SECTION 70.   Chapter 118A of the General Laws is hereby amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-

Section 7. The department shall provide to aged and disabled residents under this chapter a program of social services as set forth in section 2 of chapter 18. In addition to any other benefits authorized by this chapter, the department may provide to such residents grants of assistance in cases of fire, flood or other disaster. The department may pay a sum not exceeding $1,100 toward the funeral and final disposition of a recipient to a funeral establishment if there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the recipient.
 

 

Continuing Eligibility for Child Healthcare Programs

SECTION 71.   Section 9A of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following subsection:-



(17) Children who are deemed eligible for medical benefits pursuant to clauses (a) to (c), inclusive, of subsection (2) shall continue to be eligible for assistance for a period not to exceed 12 months or until the child's annual eligibility review determines that the child is no longer eligible for assistance, whichever first occurs, if the child would otherwise be determined ineligible due to excess countable income but otherwise remains eligible. Nothing in this paragraph shall require continued eligibility for an individual age 19 or older.

 

Veto Explanation:
I am vetoing this section because funding was not provided.

 

Recovery Accident Payments by State Agencies 2

SECTION 72.   Said chapter 118E is hereby further amended by striking out section 22, as so appearing, and inserting in place thereof the following section:-

Section 22. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Claimant", a person who suffers a loss from accident, illness, injury or otherwise for which monies may be provided by liability insurance, workers' compensation or any other third party.

"Date of the loss", the date on which the accident, illness, injury or other incident occurs.

"Third party", an individual, agency, program, entity or insurer including, but not limited to, the claimant's own insurer, that is or may be liable to pay monies on account of the claimant's loss.

(b) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party as a result of a loss, the claimant or the claimant's heirs, estate or legal representative shall repay to the executive office of health and human services the total of medical assistance benefits provided from monies allocated in the payment, settlement or compromise of claim or action, court award or judgment for medical expenses. Where the amount allocated to past medical expenses is insufficient to satisfy the executive office's claim for full recovery of medical assistance benefits paid, the executive office may assert its claim and recover from any allocation for future medical expenses.

(c) If a payment, settlement or compromise of claim or action, court award or judgment fails to specify what portion of the payment, settlement or compromise of claim or action, court award or judgment is in payment of medical expenses, there shall be a presumption that the payment, settlement or compromise of claim or action, court award or judgment applies first to the medical expenses incurred by the claimant in an amount equal to the medical assistance benefits paid.

(d) The executive office of health and human services may dispute any allocation for medical damages that results in less than full recovery of medical assistance benefits paid and have a hearing before a court of competent jurisdiction on the allocation of damages either prior to or after disbursement of payment by the third party. The executive office shall not be precluded from enforcing its recovery rights from any payment, settlement or compromise of claim or action, court award or judgment that excludes the cost of medical assistance benefits paid. Notwithstanding this section or any other general or special law to the contrary, if a claimant received medical assistance through a managed care organization, the executive office may recover the amount that the managed care organization paid for medical services provided.

(e) When a claimant or a claimant's heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the division of health care finance and policy the costs attributable to services provided to the claimant that were paid by the Health Safety Net Trust Fund established in section 36 of chapter 118G.

(f) When a claimant or a claimants' heirs, estate or legal representative receives payment from a liability or workers' compensation insurer or any other third party, the claimant or the claimant's heirs, estate or legal representative shall repay to the department of transitional assistance the total of all financial assistance benefits provided by the department on and after the date of the loss to or on behalf of the claimant, the claimant's spouse or children and any other individual the claimant is required by law to support; provided, however, that if on the date of the loss the claimant was already eligible for financial assistance benefits, the claimant or the claimant's heirs, estate or legal representative shall repay only the increase in financial assistance that occurred as a result of the accident, illness, injury or other incident.

(g) The application for and receipt of benefits recoverable under this section, after notice to the third party, shall operate as a lien to secure repayment against monies which may be provided by the third party up to the amount of such recoverable benefits, but the department of transitional assistance, the executive office of health and human services and the division of health care finance and policy may also perfect their rights to a lien against any monies which may come into possession of the claimant's attorney from the third party by giving notice to that attorney.

(h) If the monies available for repayment are insufficient to satisfy in full any competing claims of the executive office of health and human services, the division of health care finance and policy and the department of transitional assistance, then each shall be entitled to its respective pro rata share of the monies that are available.

(i) A person receiving public assistance benefits recoverable under this section shall assign to the commonwealth an amount equal to the benefits so provided from the proceeds of any such claim against the third party.

(j) A claimant, or if represented by counsel, the claimant's attorney, shall, within 10 calendar days, notify the executive office of health and human services in writing upon engaging in recovery activity including, but not limited to, making an insurance claim or sending a demand letter and upon commencement of a civil action or other proceeding to establish the liability of a third party or to collect monies payable under accident, liability or health insurance, workers' compensation or from any other third party. No settlement, compromise, judgment or award or any recovery in any claim or action shall be made final without first providing the executive office of health and human services, the division of health care finance and policy and the department of transitional assistance with written notice and a reasonable opportunity to intervene or otherwise perfect their rights to recovery.

(k) The commonwealth shall be subrogated to a claimant's entire cause of action or right to proceed against a third party and to a claimant's claim for monies to the extent of assistance or services provided under this chapter, chapters 118 or 118G. The commonwealth shall also have a separate and independent cause of action to recover, from a third party, assistance provided to a claimant under this chapter or said chapters 118 or 118G, which cause of action shall be in addition to other causes of action. The commonwealth may, by attorneys employed or selected by the commonwealth, commence a civil action or other proceeding to establish the liability of a third party or to collect such monies, or may intervene as of right in a civil action commenced by a claimant against a third party. No third party shall require written authorization from the claimant before honoring the commonwealth's rights under this section.

(l) Failure of a claimant without good cause to provide notice as required under this section or to provide such further information deemed necessary by the executive office to pursue its rights under this section shall be grounds for termination of benefits.

(m) Notwithstanding any general or special law or rule or regulation to the contrary, a third party shall provide information requested by the executive office of health and human services, the department of transitional assistance and the division of health care finance and policy for use by those agencies to recover payments for public assistance benefits or services under this section, section 5G of chapter 18 and section 39 of chapter 118G.
 

 

Fair Employment and Identification 6

SECTION 73.   Chapter 118E of the General Laws is hereby amended by inserting after section 47 the following section:-

Section 47A. Benefits for individuals age 19 or older for any program established pursuant to this chapter or chapter 118H shall be available only to otherwise eligible individuals who provide satisfactory documentation that they are lawfully present in the United States, including persons permanently residing in the United States under color of law, or to individuals who establish that they meet all applicable federal requirements necessary to qualify for benefits for which the commonwealth receives federal reimbursement under Title XIX and Title XXI of the Social Security Act, including any demonstration program under section 1115 of the Social Security Act.
 

 

Health and Safety Net Services A

SECTION 74.   Section 1 of chapter 118G of the General Laws, as so appearing, is hereby amended by striking out the definition of "Critical access services".
 

 

Health and Saftey Net Services B

SECTION 75.   Said section 1 of said chapter 118G, as so appearing, is hereby further amended by striking out, in line 97, the words "emergency, urgent, and critical access".
 

 

Health Care Provider Pricing Website

SECTION 76.   The second paragraph of section 2 of said chapter 118G, as so appearing, is hereby amended by adding the following sentence:- The division shall make available actual costs of health care services, as supplied by each provider, to the general public in a conspicuous manner on the division's official website.
 

 

Collection of All-Payer Claims Data

SECTION 77.   Section 6 of said chapter 118G is hereby amended by inserting after the third paragraph, as so appearing, the following paragraph:-

The division shall ensure the timely reporting of information required under this section. The division shall notify payers of any applicable reporting deadlines. The division may assess penalties against any private health care payer that fails to meet a reporting deadline. The division shall notify, in writing, a private health care payer that it has failed to meet a reporting deadline and that failure to respond within 2 weeks of the receipt of the notice may result in penalties. A payer that fails, without just cause, to provide the requested information within 2 weeks following receipt of the written notice required under this paragraph may be assessed a penalty of up to $1,000 per week for each week of delay after the 2 week period following the payer's receipt of the written notice; provided, however, that the maximum annual penalty against a private payer under this section shall be $50,000. Amounts collected pursuant to this section shall be deposited in the General Fund.
 

 

Health and Saftey Net Services C

SECTION 78.   Section 34 of said chapter 118G, as so appearing, is hereby amended by striking out the definition of "Critical access services".
 

 

Assessments on Managed Care Organizations

SECTION 79.   Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the definition of "Health services" the following definition:-

"Managed care organization", a managed care organization, as defined in 42 CFR 438.2, and any eligible health insurance plan, as defined in section 1 of chapter 118H, that contracts with MassHealth or the commonwealth health insurance connector authority; provided, however, that "managed care organization" shall not include a senior care organization, as defined in section 9D of chapter 118E.
 

 

Assessments on Managed Care Organizations 2

SECTION 80.   Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word "basis", in lines 83 and 84, the following words:- ; provided further, that "payments subject to surcharge" shall include payments made by a managed care organization on behalf of: (i) Medicaid recipients under age 65; and (ii) enrollees in the commonwealth care health insurance program.
 

 

Health and Saftey Net Services D

SECTION 81.   Said section 34 of said chapter 118G, as so appearing, is hereby further amended by striking out, in lines 107 and 108, the words "emergency, urgent and critical access".
 

 

Assessments on Managed Care Organizations 3

SECTION 82.   Said section 34 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word "shall", in line 122, the following words:- include a managed care organization; and provided further, that "surcharge payor" shall.
 

 

Assessments on Managed Care Organizations 4

SECTION 83.   Subsection (a) of section 36 of said chapter 118G, as so appearing, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- The purposes of the fund shall be: (i) to maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents; and (ii) to support a portion of the costs of the Medicaid program under chapter 118E and the commonwealth care health insurance program under chapter 118H.
 

 

Assessments on Managed Care Organizations 5

SECTION 84.   Said section 36 of said chapter 118G, as so appearing, is hereby further amended by inserting after the word "hospitals", in line 29, the following words:- ; and provided further, that any amounts collected from surcharge payors in any year in excess of $160,000,000, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid and commonwealth care health insurance programs.
 

 

Assessments on Managed Care Organizations 6

SECTION 85.   Subsection (a) of section 38 of said chapter 118G, as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:- The office shall calculate the surcharge percentage by dividing $160,000,000 by the projected annual aggregate payments subject to the surcharge, excluding projected annual aggregate payments based on payments made by managed care organizations. The office shall determine the surcharge percentage before the start of each fund fiscal year and may redetermine the surcharge percentage before April 1 of each fund fiscal year if the office projects that the initial surcharge percentage established the previous October will produce less than $150,000,000 or more than $170,000,000 in surcharge payments, excluding payments made by managed care organizations.
 

 

Funeral Costs

SECTION 86.   Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The department may pay to a funeral establishment a sum not to exceed $1,100 for the funeral and final disposition of a child in its care if there are insufficient resources to pay for the cost of such funeral and final disposition. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the child.
 

 

Child Support Enforcement Division: Spending from Penalties Account

SECTION 87.   Section 10 of chapter 119A of the General Laws, as so appearing, is hereby amended by inserting after the figure "10A", in line 14, the following words:- and on child support services authorized pursuant to Title IV, Part D of the Social Security Act.
 

 

CSE Spending from Penalties and Interest Account.

SECTION 88.   Section 11 of said chapter 119A, as so appearing, is hereby amended by inserting after the word "fund", in line 7, the following words:- and from the child support penalties account.
 

 

Interstate Compact on Juveniles 1

SECTION 89.   The General Laws are hereby amended by inserting after chapter 120 the following chapter:-

CHAPTER 120A

INTERSTATE COMPACT ON JUVENILES

Section 1. The compacting states to this interstate compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and, in so doing, have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and, in so doing, have left their state of residence. The compacting states also recognize that Congress, by enacting 4 U.S.C. section 112, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (i) ensure that adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (ii) ensure that the public safety interests of citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (iii) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (iv) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (v) provide for the effective tracking and supervision of juveniles; (vi) equitably allocate the costs, benefits and obligations of the compacting states; (vii) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (viii) ensure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (ix) establish procedures to resolve pending charges against juvenile offenders prior to transfer or release thereof to the community under the terms of this compact; (x) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial and legislative branches and juvenile and criminal justice administrators; (xi) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (xii) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (xiii) coordinate the implementation and operation of the compact with the interstate compact for the placement of children, the interstate compact for adult offender supervision and other compacts affecting juveniles, particularly in those cases in which concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

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

"By-laws", those by-laws established by the interstate commission for its governance or for directing or controlling its actions or conduct.

"Compact administrator", the individual in each compacting state responsible for the administration and management of such state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

"Compacting state", any state which has enacted the enabling legislation for this compact.

"Commissioner", the voting representative of each compacting state appointed pursuant to section 3.

"Court", any court having jurisdiction over delinquent, neglected or dependent children.

"Deputy compact administrator", the individual, if any, in each compacting state appointed to act on behalf of a compact administrator, pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

"Interstate commission", the interstate commission for juveniles created by section 3.

"Juvenile", any person defined as a juvenile in any member state or by the rules of the interstate commission, including:

(1) "Accused delinquent", a person charged with an offense that, if committed by an adult, would be a criminal offense;

(2) "Adjudicated delinquent", a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

(3) "Accused status offender", a person charged with an offense that would not be a criminal offense if committed by an adult;

(4) "Adjudicated status offender", a person found to have committed an offense that would not be a criminal offense if committed by an adult; and

(5) "Non-offender", a person in need of supervision who has not been accused or adjudicated a status offender or a delinquent.

"Non-compacting state", any state which has not enacted the enabling legislation for this compact.

"Probation or parole", any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

"Rule", a written statement by the interstate commission adopted pursuant to section 4 that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural or practice requirement of the commission, and has the force and effect of statutory law in a compacting state and includes the amendment, repeal or suspension of an existing rule.

"State", a state of the United States, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands.

Section 3. (a) The compacting states hereby create the interstate commission for juveniles. The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(b) The interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the state council for interstate juvenile supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from a state who shall serve on the interstate commission in such capacity pursuant to the applicable law of such compacting state.

(c) In addition to the commissioners, who shall be the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, interstate compact for adult offender supervision, interstate compact for the placement of children, juvenile justice and juvenile corrections officials and crime victims. All non-commissioner members of the interstate commission shall be ex-officio members. The interstate commission may provide in its by-laws for such additional ex-officio members, including members of other national organizations, in such numbers as shall be determined by the commission.

(d) Each compacting state represented at any meeting of the commission shall be entitled to 1 vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the interstate commission.

(e) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(f) The interstate commission shall establish an executive committee, which shall include commission officers, members and others as determined by the by-laws. The executive committee shall have the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rulemaking power or power to amend the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and interstate commission staff; administer enforcement and compliance with the compact, its by-laws and rules; and perform such other duties as directed by the interstate commission or set forth in the by-laws.

(g) Each member of the interstate commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person and shall not delegate a vote to another compacting state; provided, however, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of such commissioner from that state, to cast a vote on behalf of such compacting state at a specified meeting. The by-laws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

(h) The interstate commission's by-laws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests.

(i) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission and any of its committees may close a meeting to the public if it determines, by two-thirds vote, that an open meeting would be likely to:

(1) relate solely to the interstate commission's internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) involve accusing any person of a crime or formally censuring any person;

(5) disclose information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigative records compiled for law enforcement purposes;

(7) disclose information contained in, or related to, examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission relative to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

(8) disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

(9) specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.

(j) For every meeting closed pursuant to this section, the interstate commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public and shall reference each relevant exemption. The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in the minutes.

(k) The interstate commission shall collect standardized data relative to the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

Section 4. The commission shall have the following powers and duties:

(1) to provide for dispute resolution among compacting states;

(2) to promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

(3) to oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any by-laws adopted and rules adopted by the interstate commission;

(4) to enforce compliance with the compact provisions, the rules adopted by the interstate commission and the by-laws, using all necessary and proper means including, butnot limited to, the use of judicial process;

(5) to establish and maintain offices which shall be located within 1 or more of the compacting states;

(6) to purchase and maintain insurance and bonds;

(7) to borrow, accept, hire or contract for services of personnel;

(8) to establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee, as required by section 3, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder;

(9) to elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications and to establish the interstate commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel;

(10) to accept donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of the same;

(11) to lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed;

(12) to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed;

(13) to establish a budget and make expenditures and levy dues as provided in section 11;

(14) to sue and be sued;

(15) to adopt a seal and by-laws governing the management and operation of the interstate commission;

(16) to perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

(17) to report annually to the legislatures, governors, judiciary, and state councils of the compacting states relative to the activities of the interstate commission during the preceding year, including any recommendations that may have been adopted by the interstate commission;

(18) to coordinate education, training and public awareness relative to the interstate movement of juveniles for officials involved in such activity; and

(19) to establish uniform standards of the reporting, collecting and exchanging of data.

The interstate commission shall maintain its corporate books and records in accordance with the by-laws.

Section 5. The interstate commission shall, by a majority of the members present and voting, within 12 months after the first interstate commission meeting, adopt by-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:

(1) establishing the fiscal year of the interstate commission;

(2) establishing an executive committee and such other committees as may be necessary;

(3) providing for the establishment of committees governing any general or specific delegation of any authority or function of the interstate commission;

(4) providing reasonable procedures for calling and conducting meetings of the interstate commission and ensuring reasonable notice of each such meeting;

(5) establishing the titles and responsibilities of the officers of the interstate commission;

(6) providing a mechanism for concluding the operations of the interstate commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;

(7) providing "start-up" rules for initial administration of the compact; and

(8) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section 6. (a) The interstate commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the by-laws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission but, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(b) The interstate commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the interstate commission.

Section 7. (a) The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities except that any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

(b) The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. Nothing in this section shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of such person.

(c) The interstate commission shall defend the executive director or the employees or representatives of the interstate commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, unless the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(d) The interstate commission shall indemnify and hold the commissioner of a compacting state or the commissioner's representatives or employees and the interstate commission's representatives or employees harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, if the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

Section 8. (a) The interstate commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

(b) Rulemaking shall occur pursuant to the criteria set forth in this section and the by-laws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the interstate commission deems appropriate, consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding, as of the date specified, as published with the final version of the rule as approved by the commission.

(c) When promulgating a rule, the interstate commission shall, at a minimum:

(1) publish the proposed rule's entire text, stating the reasons for such proposed rule;

(2) allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record and be made publicly available;

(3) provide an opportunity for an informal hearing if petitioned by 10 or more persons; and

(4) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

(d) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the interstate commission's principal office is located for judicial review of such rule. If the court finds that the interstate commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this section, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

(e) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

(f) The existing rules governing the operation of the interstate compact on juveniles superseded by this chapter shall be null and void 12 months after the first meeting of the interstate commission.

(g) Upon determination by the interstate commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, but the rulemaking procedures provided hereunder shall be retroactively applied to such rule as soon as reasonably possible, but not later than 90 days after the effective date of the emergency rule.

Section 9. (a) The interstate commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.

(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. This compact, and the rules adopted thereby, shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state relative to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

Section 10. (a) The compacting states shall report to the interstate commission on all issues and activities necessary for the administration of the compact as well as issues and activities relative to compliance with the compact and its by-laws and rules.

(b) The interstate commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(c) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in section 16.

Section 11. (a) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(b) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff which must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs such assessment.

(c) The interstate commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(d) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its by-laws; provided, however, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission.

Section 12. Each member state shall create a state council for interstate juvenile supervision. While each state may determine the membership of its own state council, its membership must include at least 1 representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state shall retain the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council shall advise and may exercise oversight and advocacy relative to such state's participation in interstate commission activities and other duties as may be determined by such state including, but not limited to, development of policy relative to operations and procedures of the compact within such state.

Section 13. (a) Any state, the District of Columbia, or its designee, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands as defined in section 2 shall be eligible to become a compacting state.

(b) The compact shall become effective and binding upon legislative enactment of the compact into law by not less than 35 of the states. The initial effective date shall be the later of July 1, 2004 or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by such state. The governors of non-member states or their designees shall be invited to participate in the activities of the interstate commission, on a non-voting basis, prior to adoption of the compact by all states and territories of the United States.

(c) The interstate commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

Section 14. (a) Once effective, the compact shall continue in force and remain binding upon each compacting state but a compacting state may withdraw from the compact by repealing the statute which enacted the compact into law in such state.

(b) The effective date of withdrawal shall be the effective date of the repeal.

(c) The withdrawing state shall immediately notify the chairperson of the interstate commission, in writing, upon the introduction of legislation repealing the compact in the withdrawing state. The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.

(d) The withdrawing state shall be responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

(e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

Section 15. (a) If the interstate commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the by-laws or duly adopted rules, the interstate commission may impose any or all of the following penalties:

(1) remedial training and technical assistance as directed by the interstate commission;

(2) alternative dispute resolution;

(3) fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the interstate commission; and

(4) suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the by-laws and rules have been exhausted and the interstate commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the interstate commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. Grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the by-laws or duly adopted rules and any other grounds designated in interstate commission by-laws and rules. The interstate commission shall immediately notify the defaulting state, in writing, of the penalty imposed by the interstate commission and of the default, pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure the default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination of membership.

(b) Within 60 days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

(c) The defaulting state shall be responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

(d) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon, in writing, between the interstate commission and the defaulting state.

(e) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

Section 16. The interstate commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district wherein the interstate commission offices are located, to enforce compliance with the compact, its duly adopted rules and by-laws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorneys fees.

Section 17. (a) The compact shall dissolve effective on the date of the withdrawal or default of the compacting state, which reduces membership in the compact to 1 compacting state.

(b) Upon the dissolution of this compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded. Any surplus funds of the interstate commission shall be distributed in accordance with the by-laws.

Section 18. (a) The provisions of this compact shall be severable and, if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(b) The provisions of this compact shall be liberally construed to effectuate its purposes.

Section 19. (a) Nothing in this compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact.

(b) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

Section 20. (a) All lawful actions of the interstate commission, including all rules and by-laws adopted by the interstate commission, shall be binding upon the compacting states.

(b) All agreements between the interstate commission and the compacting states shall be binding in accordance with the terms thereof.

(c) Upon the request of a party to a conflict over meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(d) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
 

 

Prohibit Saturday Inmate Release

SECTION 90.   ection 150 of chapter 127 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 1, the word "Sunday" and inserting in place thereof the following words:- Saturday, Sunday.
 

 

Regional Planning Agency Regulation

SECTION 91.   Clause (2) of section 15 of chapter 132A of the General Laws, as so appearing, is hereby amended by striking out subclause (iii) and inserting in place thereof the following subclause:-

(iii) in municipalities where regional planning agencies have regulatory authority, a regional planning agency shall define the appropriate scale of offshore renewable energy facilities and review such facilities as developments of regional impact, and the applicant may seek review of the regional planning agency's development of regional impact determination, but not its determination of appropriate scale, pursuant to the authority of the energy facilities siting board to issue certificates of environmental impact and public interest pursuant to sections 69K to 69O, inclusive, of chapter 164.
 

 

Sale of Alcohol in Restaurants on Sundays

SECTION 92.   Section 33 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the words "12:00 noon and in any county other than Suffolk," and inserting in place thereof the following words:- 10:00 a.m. and.
 

 

Sale of Alcohol in Restaurants on Sundays

SECTION 93.   Section 33B of said chapter 138, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words "eleven o'clock ante meridian and twelve o'clock" and inserting in place thereof the following words:- 10:00 a.m. and 12:00.
 

 

Early Intervention Services

SECTION 94.   The third paragraph of section 47C of chapter 175 of the General Laws is hereby amended by striking out the last sentence, as amended by section 83 of chapter 27 of the acts of 2009, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
 

 

Early Intervention Services

SECTION 95.   The third paragraph of section 8B of chapter 176A of the General Laws is hereby amended by striking out the last sentence, as amended by section 84 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
 

 

Early Intervention Services

SECTION 96.   The third paragraph of section 4C of chapter 176B of the General Laws is hereby amended by striking out the last sentence, as appearing in section 85 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
 

 

Early Intervention Services

SECTION 97.   The second paragraph of section 4 of chapter 176G of the General Laws is hereby amended by striking out the last sentence, amended by section 86 of said chapter 27, and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party and shall not require co-payments or deductibles; provided, however, that co-payments, coinsurance or deductibles shall be required if the applicable plan is governed by the Federal Internal Revenue Code and would lose its tax-exempt status as a result of the prohibition on co-payments, coinsurance or deductibles for these services.
 

 

Legal Notice Publications

SECTION 98.   Chapter 211B of the General Laws, is hereby amended by adding the following section:-

Section 21. Whenever a department established under this chapter is required to publish a notice in a newspaper by any general or special law, order, rule or judgment of any court, that department shall be deemed as having met all notice requirements by publishing in a newspaper which by its title page purports to be printed or published in such town, city or county, or having a circulation therein. For purposes of this section, the definition of newspaper shall include legal newspapers.
 

 

Protecting the Rights of Victims and Witnesses of Crimes 10

SECTION 99.   Section 3 of chapter 258B of the General Laws, as appearing in 2008 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) for victims, family members and witnesses to be provided, by the court as provided in section 17 of chapter 211B, with a secure waiting area or room which is separate from the waiting area of the defendant or the defendant's family, friends, attorneys or witnesses and separate from the district attorney's office; provided, however, that the court shall designate a waiting area at each courthouse; and provided further, that designation of those areas shall be made in accordance with the implementation plan developed by the task force.
 

 

Protecting the Rights of Victims and Witnesses of Crimes XIX

SECTION 100.   Said section 3 of said chapter 258B, as so appearing, is hereby further amended by adding the following paragraph:-

There shall be conspicuously posted in all courthouses and police stations a summary of the rights afforded under this section. The victim and witness assistance board, pursuant to section 4, shall devise and provide posters to satisfy this requirement to court officials and police station personnel, and, upon request and at the discretion of the office and board, to any other institution or organization to post and maintain in space accessible to the general public. The board shall develop such posters in a variety of languages as determined by the Massachusetts office for victim assistance. Upon request, the board will respond, to the extent possible, to any requests for additional language translations of such posters.
 

 

Defacing Veterans Grave Markers 1

SECTION 101.   Section 126A of chapter 266 of the General Laws, as so appearing, is hereby amended by inserting after the word "obliteration", in line 18, the following words:- ; and provided, however, that if the property marked, injured, marred, defaced or destroyed is a war or veterans' memorial, monument or gravestone, the fine under this section shall be doubled and the person convicted shall be ordered to perform not less than 500 hours of court-approved community service.
 

 

Cigar Bars

SECTION 102.   Subsection (m) of section 22 of chapter 270 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-



(6) A local board of health or other municipal health department may make reasonable restrictions and requirements for the licensed operation of a smoking bar but it shall not unreasonably restrict or prohibit the operation of a smoking bar if the smoking bar complies with this section.

 

Veto Explanation:
I am vetoing this section because it prevents local officials from protecting the public health of their citizens.

 

Probation Reform 2

SECTION 103.   Section 98 of said chapter 276, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- There shall be a commissioner of probation, who shall have executive control and supervision of the probation service. The commissioner shall be appointed by the chief justice for administration and management for a term of 5 years and shall devote his full-time during business hours to the duties of his office.
 

 

Interstate Compact on Juveniles 2

SECTION 104.   Chapter 687 of the acts of 1955 is hereby repealed.
 

 

UMass Building Authority Indemnity

SECTION 105.   Chapter 773 of acts of 1960 is hereby amended by inserting after section 17 the following section:-

Section 17A. The Authority may indemnify and defend present and past members, officers and employees of the Authority against liabilities, claims, actions, suits, demands, judgments, reasonable costs and expenses, including reasonable legal expenses, in connection with an actual or threatened suit or proceeding, including any compromise or settlement thereof approved by the Authority, arising by reason of any act or omission of such person within the scope of such person's employment, official duties or responsibilities for the Authority; provided, however, that no indemnification shall be provided concerning a matter as to which such person acted with: (1) malice; (2) without a reasonable good faith belief that such person's conduct was in the best interest of the Authority; or (3)with the knowledge that such person's conduct was unlawful. The Authority may procure insurance for itself and for its members, officers and employees against liabilities, losses and expenses which may be incurred by virtue of this section or otherwise.
 

 

Collective Bargaining Units

SECTION 106.   The third sentence of paragraph (i) of subsection (a) of subdivision (1) of section 4A of chapter 1078 of the acts of 1973, as amended by section 14 of chapter 300 of the acts of 2002, is hereby further amended by inserting after the word "SEIU" the following words:- ,New England PBA, I.U.P.A., AFL-CIO.
 

 

Date Change - Extending CDFC Sunset by 2 Months

SECTION 107.   Section 8 of chapter 324 of the acts of 1987 is hereby amended by striking out the word "July", inserted by section 302 of chapter 159 of the acts of 2000, and inserting in place thereof the following word:- "August".
 

 

Out-of-State Tuition Retention

SECTION 108.   Section 25 of chapter 45 of the acts of 2005 is hereby amended by striking out subsection (a).
 

 

Out-of-State Tuition Retention II

SECTION 109.   Subsection (e) of said section 25 of said chapter 45 is hereby is amended by striking out the words ",the University of Massachusetts at Amherst".
 

 

Out-of-State Tuition Retention III

SECTION 110.   Subsection (f) of said section 25 of said chapter 45 is hereby is amended by striking out the words ",the University of Massachusetts at Amherst".
 

 

Natural Heritage and Endangered Species Fund Waiver

SECTION 111.   Section 144 of chapter 122 of the acts of 2006 is hereby amended by striking out, in lines 4 to 6, inclusive, the words "; provided, however, that no waiver or exemption shall be granted without the written approval of the secretary of administration and finance".

 

Veto Explanation:
I am vetoing this section because it removes the discretion of the Secretary of Administration and Finance to review and approve waivers. I note, however, that the Secretary will waive indirect charges to this fund for fiscal year 2011.

 

Essex Retirement System

SECTION 112.   Section 2 of chapter 229 of the acts of 2008 is hereby repealed.
 

 

RTA Forward Funding

SECTION 113.   Subsection (b) of section 75 of chapter 303 of the acts of 2008 shall not apply in fiscal year 2011.
 

 

Homeowner Heating Oil Compliance Deadline

SECTION 114.   Chapter 453 of the acts of 2008 is hereby amended by striking out section 9 and inserting in place thereof the following section:-

Section 9. Section 3 shall take effect on September 30, 2011, and section 4 shall take effect as of July 1, 2010.
 

 

Renegotiate or Terminate Leases or Temporarily Close Courthouses A

SECTION 115.   Section 23 of chapter 5 of the acts of 2009 is hereby amended by striking out the figure "2010" and inserting in place thereof the following figure:- 2011.
 

 

Definition of Wages for Retirement - Clothing Allowance

SECTION 116.   Section 23 of chapter 21 of the acts of 2009 is hereby amended by adding the following 2 sentences:- The retirement allowance of any retired member which included in the calculation of such allowance amounts paid as clothing allowance upon which contributions were made shall not be reduced, modified or changed because of the inclusion of such clothing allowance payments. Notwithstanding any special or general law to the contrary, any amount paid to an active member for clothing allowance upon which contributions were made and included in any applicable collective bargaining agreement or individual contract for employment in effect on May 1, 2009, shall continue to be included in the definition of "regular compensation" during the term of that collective bargaining agreement or contract; provided, however, that any such amount, benefit or payment received after June 30, 2012, shall not be considered regular compensation.
 

 

0330-0300 Courts PAC

SECTION 116A.   **Section was returned for amendment (Attachment F)



Item 0330-0300 of section 2 of chapter 27 of the acts of 2009 is hereby amended by inserting after the words "January 11, 2010" the following words:- "; and provided further, that the unspent balance in this item shall be available in fiscal year 2011 in addition to any amount previously appropriated herein".

 

 

The Templeton Visioning Committee 1

SECTION 117.   The definition of "Plan" in section 1 of chapter 59 of the acts of 2009 is hereby amended by inserting after the word "reuse" in the definition of "Plan", the following words:- or visioning.
 

 

The Templeton Visioning Committee 2

SECTION 118.   **Section was returned for amendment (Attachment G)



Said section 1 of said chapter 59 is hereby further amended by striking out the definition of "TDC committee" and inserting in place thereof the following definition:-



"TDC committee", the Templeton Developmental Center Visioning Committee, which shall include 3 representatives of the town of Templeton, 1 of whom shall be a member of the Templeton board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Templeton planning board or his designee, and 1 of whom shall be chosen by the Templeton board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; 1 representative of the department of developmental services; 1 representative of the employees of the Templeton Development Center; and 1 representative of the legal guardians of the clients currently housed at Templeton Developmental Center; provided, however, that the members, other than the members who are representatives of the state agencies, shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.

 

 

The Templeton Visioning Committee III

SECTION 119.   Section 2 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The TDC committee and MDC committee shall submit their recommendations for the reuse or visioning plans with the commissioner within 180 days after the division provides a local polling package to the town.
 

 

The Templeton Visioning Committee 4

SECTION 120.   **Section was returned for amendment (Attachment G)



Said chapter 59 is hereby further amended by inserting after section 2 the following section:-



Section 2A. The TDC committee shall evaluate and make recommendations to the commissioner on the use of the TDC site including, but not limited to, the continued use of the site as a state facility or other alternative uses for the TDC site. The TDC committee shall inform the town's governing authority and the local community periodically of its proposals and decisions relevant to the use of the TDC site.

 

 

The Templeton Visioning Committee 5

SECTION 121.   The first sentence of section 3 of said chapter 59 is hereby amended by inserting after the word "reuse" the following words:- or visioning.
 

 

The Templeton Visioning Committee 6

SECTION 122.   Section 4 of said chapter 59 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The right of first refusal shall be exercised, if at all, by the affected town by giving written notice of the town's intention to acquire the property to the division within 180 days after the completion and submission of the plan.
 

 

The Templeton Visioning Committee VII

SECTION 123.   The second sentence of section 5 of said chapter 59 is hereby amended by inserting after the word "reuse" the following words: - or visioning
 

 

The Templeton Visioning Committee VIII

SECTION 124.   Section 6 of said chapter 59 is hereby further amended by inserting after the word "reuse" the following words: - or visioning
 

 

Farm Raised Oysters

SECTION 125.   Notwithstanding any general or special law to the contrary, the division of marine fisheries shall adopt size regulations relative to the possession and sale of oysters produced under the authority of an aquaculture or propagation permit issued by the division. These regulations shall take into account market needs and economic opportunities. The division shall adopt the regulations required by this section not later than December 31, 2010.
 

 

Combined Purchasing

SECTION 126.   (a) Notwithstanding any general or special law to the contrary, a state agency that purchases drug testing equipment shall purchase the equipment through the use of the statewide contract maintained by the operational services division if it is the most cost-efficient means of purchase.

(b) Notwithstanding any general or special law to the contrary, a state agency that purchases electronic monitoring devices including, but not limited to, global positioning systems, shall purchase the equipment through the use of the contract maintained by the commissioner of probation if the terms of that contract provide the most cost-efficient means of purchase and do not present any undue risk to public safety and include the use of a dual monitoring platform to address potential for lapse of coverage due to the absence of cellular service; provided, however, that the operational services division shall conduct a study to determine the feasibility of creating a statewide contract for the devices.
 

 

Essex Regional Retirement Board 2

SECTION 127.   Notwithstanding any general or special law to the contrary, section 112 shall take effect upon the Essex regional retirement board under subsection (b) of section 19A of chapter 34B of the General Laws and the Essex regional retirement board advisory council under subsection (h) of said section 19A of said chapter 34B being elected, selected or appointed under the requirements of said section 19A of said chapter 34B; provided, however, that until the Essex regional retirement board and the Essex regional retirement board advisory council are operating, the abolished county's retirement board and retirement board advisory council and its members shall continue to serve.
 

 

High Speed Rail Study

SECTION 128.   (a) The Massachusetts Department of Transportation shall prepare and issue a plan for an intercity high-speed rail network that includes recommendations for the development and implementation of a high-speed rail system; provided, however, that the recommendations shall consider federal, state and local activities necessary to implement the plan.

(b) The Massachusetts Department of Transportation may, to the extent feasible, coordinate high-speed rail planning activities with the transportation departments of other New England states, in order to streamline plans, policies, priorities, possible funding mechanisms and timelines for the development of high-speed rail. The Department shall utilize and build upon, with the goal of improvement, any previously developed passenger or high-speed rail plans to meet the reporting deadline; provided, however, that the plan shall include preliminary recommendations for the implementation of the best design, construction, operation, and maintenance for an intercity high-speed rail system with connections to bordering states and Canadian provinces. The plan shall comply with federal guidelines, definitions and recommendations including those provided by the United States Department of Transportation's vision for high-speed rail in the United States; provided, however, that the plan shall include recommendations for integrating the high-speed rail system into existing and planned Amtrak expansions, airports and public transportation systems. The plan shall include recommendations for possible funding sources, including private capital, revenue bonds and a specific structure for public-private partnerships; provided, however, that the plan shall include specific recommendations including any necessary state or federal legislation or regulations required to implement the recommended high-speed rail system. The department shall provide its report to the governor, the house and senate committees on ways and means, the joint committee on transportation and publish the report on the Massachusetts Department of Transportation website not later than May 2, 2011.

(c) After the May 2, 2011 reporting deadline, the department shall provide a supplemental report; provided, however, that the supplemental report shall include public and stakeholder input on recommendations related to the building, designing, maintaining, operating and financing of a high-speed intercity rail system with connections to bordering states and Canadian provinces; provided further, that the department shall to the extent possible, consult and coordinate with the transportation departments of other New England states and bordering Canadian provinces; provided, further, that the department shall hold at least 1 public hearing to receive testimony from global high-speed rail operators, including, but not limited to, Amtrak; provided, further, that the plan shall include the solicitation and receipt of formal expressions of interest and other testimony from global high-speed rail operators including, but not limited to, Amtrak; provided further, that representatives of New England states shall be invited and encouraged to attend the public hearing and provide testimony; and provided, further, that the supplemental report shall be filed with the governor, the house and senate committees on ways and means, the joint committee on transportation and published on the Massachusetts Department of Transportation website on or before January 30, 2012.
 

 

Out-of-State Tuition Retention II

SECTION 129.   **Section was returned for amendment (Attachment H)



(a) Notwithstanding any general or special law to the contrary, the University of Massachusetts system and the president of the university shall retain all tuition for out-of-state students in the University of Massachusetts system and the board of trustees for the University of Massachusetts shall promulgate regulations to allow the administration of each campus to retain all tuition paid by students who are not residents of the commonwealth. The regulations shall ensure that no resident of the commonwealth is denied admission to any campus as a result of the tuition retention program.



(b) All out-of-state tuition and fees received by the board of trustees at Bridgewater State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(c) All out-of-state tuition and fees received by the board of trustees at Fitchburg State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(d) All out-of-state tuition and fees received by the board of trustees at Framingham State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(e) All out-of-state tuition and fees received by the board of trustees at Salem State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(f) All out-of-state tuition and fees received by the board of trustees at Westfield State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(g) All out-of-state tuition and fees received by the board of trustees at Worcester State College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(h) All out-of-state tuition and fees received by the board of trustees at Berkshire Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(i) All out-of-state tuition and fees received by the board of trustees at Bristol Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(j) All out-of-state tuition and fees received by the board of trustees at Bunker Hill Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(k) All out-of-state tuition and fees received by the board of trustees at Cape Cod Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(l) All out-of-state tuition and fees received by the board of trustees at Greenfield Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(m) All out-of-state tuition and fees received by the board of trustees at Holyoke Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(n) All out-of-state tuition and fees received by the board of trustees at Massachusetts Bay Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(o) All out-of-state tuition and fees received by the board of trustees at Massasoit Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(p) All out-of-state tuition and fees received by the board of trustees at Middlesex Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(q) All out-of-state tuition and fees received by the board of trustees at Mount Wachusett Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(r) All out-of-state tuition and fees received by the board of trustees at North Shore Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(s) All out-of-state tuition and fees received by the board of trustees at Northern Essex Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in thetrust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(t) All out-of-state tuition and fees received by the board of trustees at Quinsigamond Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(u) All out-of-state tuition and fees received by the board of trustees at Roxbury Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(v) All out-of-state tuition and fees received by the board of trustees at Springfield Technical Community College shall be retained by the board of trustees of the institution in a revolving trust fund and shall be expended as the board may direct. The board shall ensure that no resident of the commonwealth is denied admission to the college as a result of the tuition retention program. The board of higher education shall promulgate regulations to ensure the campus maintains adequate access for qualified residents of the commonwealth, as measured by the ratio of out-of-state students to in-state students. Any balance in the trust fund at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.



(w) Notwithstanding any general or special law to the contrary, for employees of public higher education institutions who are paid from tuition retained pursuant to this section, fringe benefits shall be funded as if those employees' salaries were supported by state appropriations. This section shall apply only to fringe benefits associated with salaries paid from tuition retained by the respective boards of trustees for the University of Massachusetts system, Bridgewater State College, Fitchburg State College, Framingham State College, Salem State College, Westfield State College, Worcester State College, Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, North Shore Community College, Northern Essex Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College, as a direct result of the implementation of this section.



(x) The respective boards of trustees for the University of Massachusetts system, Bridgewater State College, Fitchburg State College, Framingham State College, Salem State College, Westfield State College, Worcester State College, Berkshire Community College, Bristol Community College, Bunker Hill Community College, Cape Cod Community College, Greenfield Community College, Holyoke Community College, Massachusetts Bay Community College, Massasoit Community College, Middlesex Community College, Mount Wachusett Community College, North Shore Community College, Northern Essex Community College, Quinsigamond Community College, Roxbury Community College and Springfield Technical Community College shall each issue an annual report on the progress of this initiative not later than February 1 of each year to the chairs of the joint committee on higher education, the chairs of the house and senate committees on ways and means and the executive office for administration and finance. The report shall include the number of out-of-state students attending the school, the amount of tuition revenue retained under the program and any programs or initiatives funded with the retained revenue.

 

 

Norwood Hospital - Facility Use Designation 3

SECTION 130.   **Section was returned for amendment (Attachment I)



(a) Notwithstanding any general or special law to the contrary, any restriction on use of, and any reversionary interest held by the commonwealth on, the parcel designated as the Walnut Lodge property in the first paragraph of chapter 544 of the acts of 1976 conveyed to Caritas Norwood Hospital, Inc., on June 20, 1978, are hereby released.



(b) For the purposes of this section "Caritas Norwood Hospital, Inc. or its successors" shall mean Caritas Norwood Hospital Inc. or any person, group or entity that purchases all, or substantially all, of the assets of Caritas Christi Healthcare System or all, or substantially all, of the assets of Caritas Norwood Hospital, Inc. including any subsequent purchasers, whether such purchase is effected by sale, merger or otherwise.



(c) In consideration for the releases set forth in subsection (a), Caritas Norwood Hospital, Inc., or its successors, shall maintain services for the treatment of alcoholism and related conditions at the Walnut Lodge property or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital, Inc. and upon any disposition of said Walnut Lodge property by Caritas Norwood Hospital, or its successors, 50 per cent of the gross proceeds from the sale, lease or other disposition of said parcel shall be paid by the seller to the commonwealth acting by and through the commissioner of capital asset management and maintenance. For the purposes of this section, "gross proceeds" shall mean all payments paid to Caritas Norwood Hospital, Inc. or its successors, as and when paid, by a transferee who shall not use the property as a medical care facility. Under any change of use by Caritas Norwood Hospital, Inc. or any successor thereto, if said Walnut Lodge property, or any portion thereof, ceases to be used for the treatment of alcoholism and related conditions or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital Inc., then Caritas Norwood Hospital, Inc. or any successor thereto, shall pay to the commonwealth, acting by and through the commissioner of capital asset management and maintenance, the sum of 50 per cent of the assessed valuation of the land included in such change of use, as such assessment valuation appears on the real estate tax assessment listing maintained by the assessors of the town of Foxborough for the fiscal year in which such change of use occurs. Nothing in this section shall restrict the transfer or conveyance of said property, or any portion thereof, for use as a medical care facility.

 

 

Continuation of Cost Shifts to State Authorities

SECTION 131.   The following agencies or authorities shall contribute the amounts below for programs or services in fiscal year 2011:



(a) The Massachusetts Housing Finance Authority, $2,700,000 for the Massachusetts rental voucher program;



(b) The Massachusetts Development Finance Authority, $3,000,000 for the Massachusetts cultural council, $700,000 for Massachusetts office of business development small business technical assistance grants and $335,000 for the permitting office;



(c) The Massachusetts Educational Finance Authority, $1,000,000 for the McNair Scholarship Program;



(d) The Massachusetts Housing Partnership, $2,000,000 for the soft second mortgage program;



(e) The Massachusetts Convention Center Authority, $5,000,000 for the office of travel and tourism marketing program;



(f) The Massachusetts Technology Collaborative, $500,000 for Massachusetts science, technology, engineering and mathematics grants, $300,000 for the office of trade, $500,000 for innovation initiatives and $275,000 for the department of housing and economic development's broadband initiative;



(g) The University of Massachusetts, $541,000 for the Collins Center;



(h) The Massachusetts Life Sciences Center, $210,000 for the Massachusetts Biotech Research Institute.

 

Veto Explanation:
I am vetoing this section because it adversely affects financially self-supported independent authorities that serve important public purposes. For several years, my Administration has worked closely with our quasi-public entities to identify appropriate and affordable contributions they can make to support state services related to their missions without adversely affecting the core services they were created to provide, and they have made tens of millions of dollars of contributions as a result.

 

Teacher Retirement Assessment Exemption

SECTION 132.   Notwithstanding any general or special law to the contrary, federal grant funds in items 7061-0004 and 7061-0005 distributed to school districts in fiscal year 2011 through the State Fiscal Stabilization Fund under Title XIV of the American Reinvestment and Recovery Act of 2009 shall not be subject to indirect charges under section 32A of chapter 35 of the General Laws and section 5D of chapter 40 of the General Laws. Subsection (f) of section 6B of chapter 29 of the General Laws shall not apply to these funds. School districts shall continue to provide for and make contributions to appropriate pension funds, as required by paragraph (c) of subdivision (7) of section 22 of chapter 32 of the General Laws, for employees whose salaries are paid from these federal funds in the same manner as contributions are made when receiving state education aid under chapter 70 of the General Laws.
 

 

Chronic Disease Management for MassHealth PCC Members

SECTION 133.   [/ S 269] Notwithstanding any general or special law to the contrary, the executive office of health and human services shall establish a chronic disease management program for members enrolled in the MassHealth primary care clinician program to better manage and improve the quality of care for members suffering from chronic conditions. The chronic disease management program shall be designed to ensure a financial return on investment in fiscal year 2011 through the reduction of health care costs for patients with chronic diseases. A contract with a private vendor to provide disease management services shall include a requirement that such vendor share the risk for its fees if return on investment targets are not met. The executive office shall pursue any opportunities for federal grants to support funding this program.

The executive office shall submit to the joint committee on health care financing, the joint committee on public health and the house and senate committees on ways and means a report on the status of this program including, but not limited to, data detailing adherence to evidence-based guidelines, hospital admission rates, emergency room utilization, clinical outcomes and cost effectiveness of the program not later than December 31, 2012.
 

 

Protecting the Rights of Victims and Witnesses of Crimes II

SECTION 134.   There shall be a task force established to conduct a court-by-court assessment and develop an implementation plan regarding the designation or creation of separate and secure waiting areas in district and superior courthouses for victims and witnesses of crimes, as required under section 17 of chapter 211B and clause (i) of the first paragraph of section 3 chapter 258B of the General Laws.

The task force shall be chaired by both the executive director of the Massachusetts office for victim assistance and the chief justice for administration and management or their designees; the task force shall include, but not be limited to, the chair of the victim and witness assistance board or a designee; 1 victim, public member of the victim and witness assistance board chosen by the chairs; 1 community-based victim services provider chosen by the executive director of the Massachusetts office for victim assistance; the commissioner of capital asset management or a designee; 1 district attorney victim witness program director to be chosen by the president of the Massachusetts District Attorneys Association; 1 representative from the court clerks chosen by the chief justice for administration and management; 1 representative of the chief probation officers to be chosen by the commissioner of probation; 1 representative of the administrative office of the trial court fiscal department chosen by the chief justice for administration and management; and 1 representative of the court facilities department chosen by the chief justice for administration and management. Additional members may be appointed by the governor in consultation with the co-chairs of the task force.

The task force shall convene no later than January 1, 2011 and develop a plan for conducting the court-by-court assessment and a timeline to guide the completion of the implementation plan. The implementation plan shall include, but not be limited to, a definition of a separate and secure waiting area under section 17 of chapter 211B and clause (i) of the first paragraph of section 3 of chapter 258B of the General Laws; a list of courthouses that do and do not have separate and secure waiting areas that meet the definition; the feasibility of allocating existing space for use as a separate and secure waiting area in those courts that do not have waiting areas; a comprehensive fact-based analysis of the fiscal and operational impacts, if any, of such allocations; a recommendation on who would staff the safe and secure waiting areas; the fiscal impact of such staffing recommendations, if any; a timeline for designating or creating the spaces in those courthouses in which allocation of such space is deemed feasible; the sequence in which separate and secure waiting areas shall be designated or created in courthouses in which the task force has determined that such allocation is feasible; and a recommendation for interim accommodations, where allocation of such space is not deemed immediately feasible and such interim accommodations are practicable. For those district and superior courthouses undergoing new construction or substantial renovation as defined by the task force, the separate and secure waiting areas shall be included in the final plans and completed construction. The task force chairs shall file an implementation progress report every 365 days and a final plan to the chairs of the house and senate ways and means committees, the senate and house chairs of the joint committee on the judiciary and the clerks of the senate and house of representatives not later than July 1, 2012.
 

 

Lease Renegotiation

SECTION 135.   Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance shall submit a report including, but not limited to, the following information: (1) the total number of lease renegotiation requests received by the division from state agencies in fiscal years 2008, 2009 and 2010; (2) the number of leases that were renegotiated by the division resulting in a tangible benefit to the commonwealth; (3) the amount, in dollars, saved by the commonwealth due to lease renegotiations conducted by the division; (4) the reasons that leases could not be renegotiated to produce a tangible benefit to the commonwealth; and (5) recommendations relative to improving the lease renegotiation process. The division shall submit its report not later than October 15, 2011 to the house and senate committees on ways and means and the joint committee on state administration and regulatory oversight.
 

 

Commonwealth Care Bridge Program Reauthorization

SECTION 136.   (a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b) or (c), an eligible individual pursuant to section 3 of chapter 118H of the General Laws shall not include a person who is not eligible to receive federally-funded benefits under sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, as amended, for fiscal year 2011.

(b) Notwithstanding any general or special law to the contrary, except as provided in subsection (c), the secretary of administration and finance, the secretary of health and human services and the executive director of the health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, make payments from the fund established in section 2OOO of chapter 29 to operate the health insurance plan established pursuant to subsection (b) of section 31 of chapter 65 of the acts of 2009 for such time as is necessary to notify persons whose benefits will be terminated pursuant to this section of such termination; provided however, that no payments shall be made for benefits to persons who were not receiving benefits under that health insurance plan on the first day of the last month of fiscal year 2010; and provided further, that no payments shall be made after August 31, 2010.

(c) Notwithstanding any general or special law to the contrary, upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth's eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011, subsection (b) shall be disregarded and the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority may, in their discretion and subject only to the terms and conditions in this subsection, establish or designate a health insurance plan in which a person who is not eligible to receive federally-funded benefits under said sections 401, 402 or 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, as amended, but who is an eligible individual pursuant to said section 3 of said chapter 118H may enroll for the period including July 1, 2010 to June 30, 2011, inclusive. The plan may be contracted for selectively from the health plans that contracted in fiscal year 2010 to provide insurance coverage to commonwealth care or MassHealth enrollees. Total state costs of providing coverage to all such persons, net of enrollee contributions and any federal financial participation, shall not exceed $60,000,000 for fiscal year 2011. To the extent that additional federal financial participation becomes available for paying the costs of such coverage, the secretary of administration and finance may direct the comptroller to make such amounts available from the General Fund for the purpose of paying for the costs of such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority determine that the projected costs of enrolling eligible individuals in such coverage in fiscal year 2011 will exceed net state costs of $60,000,000, they may limit enrollment in such coverage. If the secretary of administration and finance, the secretary of health and human services and the executive director of the commonwealth health insurance connector authority are unable to establish or designate a health insurance plan under this section, the secretary of administration and finance may direct the comptroller to transfer up to $60,000,000 from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund for the cost of health safety net claims for these individuals.
 

 

Springfield Promise Program transfer

SECTION 137.   (a) Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer $34,500,000 from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust to the General Fund.

(b) Notwithstanding chapter 169 of the acts of 2004 or any other general or special law to the contrary, the balance left in the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust after taking this transfer into account shall be used exclusively for the funding of the Springfield Promise Program; provided, however, that the funds remaining in the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust shall be deposited into a new expendable trust to be created and administered by the city of Springfield, to be called the City of Springfield Promise Program Expendable Trust; and provided further, that funds in the City of Springfield Promise Program Expendable Trust shall not be used for any purpose other than funding of the Springfield Promise Program, including its administrative costs.

(c) Any amount transferred from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust under subsections (a) and (b) shall be considered as an amount repaid to reduce a loan balance under section 2 of said chapter 169 and section 2 of chapter 468 of the acts of 2008.
 

 

Transfers from Trust Funds

SECTION 138.   Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer to the General Fund the unexpended balance of a fund, trust fund or other separate account, in existence on April 1, 2010, whether established administratively or by law, including a separate account established under section 6 of chapter 6A of the General Laws or section 4F of chapter 7 of the General Laws; provided, however, that the secretary and comptroller shall report to the house and senate committees on ways and means 45 days prior to any such transfer. The request shall certify that the secretary, in consultation with the comptroller, has determined this balance not to be necessary for the purposes for which it was made available.

NO SECTION 139.

NO SECTION 140.
 

 

Tobacco Settlement Transfer

SECTION 141.   Notwithstanding section 1 of chapter 29D of the General Laws or any other general or special law to the contrary, all payments received by the commonwealth in fiscal year 2011 pursuant to the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et. al., Middlesex Superior Court, No. 95-7378, shall be deposited in the General Fund. Notwithstanding section 3 of said chapter 29D to the contrary, the comptroller shall transfer 100 per cent of the earnings generated in fiscal year 2011 from the Health Care Security Trust, as certified under subsection (f) of said section 3 of said chapter 29D, to the General Fund.
 

 

Life Sciences Transfer from FY10 Surplus

SECTION 142.   (a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2010 by transferring: (1) $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and (2) the remaining balance from the General Fund to the Commonwealth Stabilization Fund.

(b) All transfers pursuant to this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances, but no such transfer shall cause a deficit in any of the funds.
 

 

Stabilization Fund Transfer of Interest to the General Fund

SECTION 143.   Notwithstanding any general or special law to the contrary, the comptroller shall, not later than June 30, 2011, transfer the interest earned from the Commonwealth Stabilization Fund during fiscal year 2011 to the General Fund.
 

 

AOTC Renogotiate or Terminate Leases B

SECTION 144.   Notwithstanding section 40G of chapter 7 of the General Laws or any other general or special law or regulation to the contrary, the commissioner of capital asset management and maintenance may, on behalf of any state agency or the administrative office of the trial court, renegotiate any existing facilities lease of that agency or office, which was procured pursuant to said chapter 7, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of any such lease for a period of time beyond the 10-year limitation provided in said section 40G of said chapter 7; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. The commissioner shall first make a written determination that the renegotiated lease provisions of each renegotiated lease are favorable to the commonwealth based on a cost-benefits analysis.
 

 

MassHealth and Commonwealth Care Dental Services

SECTION 145.   (a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2011, the executive office of health and human services may determine the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002 and the dental services that were covered for adults in the MassHealth basic program as of January 1, 2002.

(b) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2011, medically necessary dental services covered through health insurance plans procured by the board of the Commonwealth Health Insurance Connector Authority for any resident with a household income that does not exceed 100 per cent of the federal poverty level shall include preventative procedures but shall exclude those categories of services that are not provided through MassHealth.
 

 

UMass/EOHHS Interagency Services Agreements

SECTION 146.   Notwithstanding any general or special law to the contrary, the executive office of health and human services, acting in its capacity as the single state agency under Title XIX of the Social Security Act and as the principal agency for all of the agencies within the executive office and other federally-assisted programs administered by the executive office, may enter into interdepartmental services agreements with the University of Massachusetts medical school to perform activities that the secretary of health and human services, in consultation with the comptroller, determines appropriate and within the scope of the proper administration of said Title XIX and other federal funding provisions to support the programs and activities of the executive office. The activities may include: (1) providing administrative services including, but not limited to, providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) providing consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) providing 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 these interdepartmental service agreements or other contracts with the executive office shall be distributed to the university and recorded distinctly in the state accounting system. The secretary may negotiate contingency fees for activities and services related to pursuing federal reimbursement or avoiding costs and the comptroller shall certify these fees and pay them upon the receipt of this revenue, reimbursement or demonstration of costs avoided. Contracts for contingency fees shall not exceed 3 years and shall not be renewed without prior review and approval from the executive office for administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2011; provided, however, that contingency fees paid to the University of Massachusetts medical school under the terms of an interagency service agreement for recoveries related to the special disability workload projects shall be excluded from that $40,000,000 limit for fiscal year 2011. 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 expended on personnel and the amount of federal reimbursement and recoupment payments that the university collected.
 

 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 147.   Notwithstanding any general or special law to the contrary, not later than October 1, 2010 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 36 of chapter 118G of the General Laws, the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2010. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2011, the amount of the transfer authorized by this section and any allocation thereof as certified by the director of the health safety net office.
 

 

Nursing and Resident Care Facility Base Year

SECTION 148.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective July 1, 2010 under section 7 of chapter 118G of the General Laws may be developed using the costs of calendar year 2005.
 

 

No Carry Forward by Comptroller

SECTION 149.   Notwithstanding any general or special law to the contrary, when the comptroller disposes of the consolidated net surplus for fiscal year 2011 under subsection (a) of section 5C of chapter 29, the comptroller shall not carry forward 0.5 per cent of the total revenue from taxes in fiscal year 2011;
 

 

Suspension of Tourism Formula

SECTION 150.   Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2011.
 

 

Nursing Home Assessment

SECTION 151.   Notwithstanding any general or special law to the contrary, the nursing home assessment established by subsection (b) of section 25 of chapter 118G of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2011.
 

 

Inspector General's Health Safety Net Audit Unit

SECTION 152.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2011, the office of the inspector general may continue to expend funds from the Health Safety Net Trust Fund, established by section 36 of chapter 118G of the General Laws, for the costs associated with maintaining a pool audit unit within the office. The unit shall continue to oversee and examine the practices in all hospitals including, but not limited to, the care of the uninsured and the resulting free care charges. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2011. For the purposes of these audits, allowable free care services shall be defined pursuant to said chapter 118G and any regulations adopted thereunder.
 

 

Public School of Pharmacy Commission

SECTION 153.   There shall be a special commission to study the University of Massachusetts at Amherst and the University of Massachusetts at Lowell jointly establishing a public school of pharmacy. The commission shall consist of the president of the University of Massachusetts system or a designee who shall be the chair; the commissioner of higher education or a designee; the chair of the board of higher education or a designee; the chair of the University of Massachusetts board of trustees or a designee; a member of the University of Massachusetts board of trustees or a designee; the chancellor of the University of Massachusetts at Amherst or a designee; the chancellor of the University of Massachusetts Lowell or a designee; the commissioner of public health or a designee with experience in pharmaceutical science and the senate and house chairs of the joint committee on higher education. The commission shall convene its first official meeting not later than September 1, 2010.

The commission shall make a comprehensive study of the feasibility of establishing, as a joint venture between the University of Massachusetts at Amherst and the University of Massachusetts at Lowell, a public school of pharmacy. The study shall include, but not be limited to, establishing a doctor of pharmacy degree program as well as graduate degree programs in pharmaceutical science; the needed additional resources and infrastructure necessary to build the appropriate curriculum and establish a school of pharmacy; the tuition and fees necessary to support a pharmacy program; a timeline for establishing a school of pharmacy; the start-up costs for establishing a school of pharmacy; a plan for the sharing of resources and costs by the University of Massachusetts at Amherst and the University of Massachusetts at Lowell; and the cost of any recommendations the commission may make.

The commission shall prepare a report of the findings and recommendations together with recommendations for legislation to implement those recommendations by filing the same with the clerks of the senate and house of representatives, the chairs of the house and senate committee on ways and means and the chairs on the joint committee of higher education not later than April 1, 2011.
 

 

global payment system for high-risk pediatric asthma patients

SECTION 154.   Notwithstanding any general or special law to the contrary, the executive office of health and human services shall develop a global or bundled payment system for high-risk pediatric asthma patients enrolled in the MassHealth program, designed to prevent unnecessary hospital admissions and emergency room utilization. Consistent with the National Asthma Education and Prevention Program guidelines developed by the National Institutes of Health, the global or bundled payments shall reimburse expenses necessary to manage pediatric asthma, including, but not limited to, patient education, environmental assessments, mitigation of asthma triggers and purchase of necessary durable medical equipment. The executive office may pursue demonstration authority for this program from the federal center for Medicare and Medicaid Services pursuant to the Patient Protection and Affordable Care Act, Public Law 111-148 or other federal law. The global or bundled payments shall be designed to ensure a financial return on investment through the reduction of costs related to hospital and emergency room visits and admissions not later than 2 years after the effective date of this act. This high-risk pediatric asthma global or bundled payment demonstration project shall be piloted in communities with high rates of uncontrolled childhood asthma. The executive office of health and human services shall consult with the providers that manage the Community Asthma Initiative at Children's Hospital Boston and with other relevant providers in the commonwealth in designing and implementing the high-risk pediatric asthma global or bundled payment demonstration program and shall collaborate with participating entities in evaluating the efficacy of the program. The executive office of health and human services shall report its findings on the cost effectiveness of this program to the joint committee on health care financing, the joint committee on public health and the house and senate committees on ways and means not later than December 31, 2012.
 

 

Outreach and Enrollment Grants

SECTION 155.   The commonwealth health insurance connector authority shall transfer $2,500,000 to the executive office of health and human services for MassHealth outreach enrollment grants in fiscal year 2011, to be administered by the executive office in consultation with the health care reform outreach and education unit. The grants shall be awarded to groups statewide, including areas in which the division of health care finance and policy has determined that there exists a high percentage of uninsured individuals and areas in which there are limited health care providers. Funds shall be awarded as grants to community and consumer-focused public and private nonprofit groups to provide enrollment assistance, education and outreach activities directly to consumers who may be eligible for MassHealth, the Commonwealth Care Program, the Commonwealth Choice Program or the Commonwealth Care Bridge Program and who may require individualized support due to geography, ethnicity, race, language, culture, immigration or disease.
 

Veto Explanation:
I am vetoing this section for the same reasons that I vetoed Section 131 concerning other authorities.

 

Framingham State College Borrowing Through HEFA

SECTION 156.   Notwithstanding any general or special law to the contrary, the state and community colleges, with the approval of the executive office for administration and finance and the board of higher education, may borrow an amount not to exceed $50,000,000 in the aggregate through the Massachusetts Health and Educational Facilities Authority or any other authorized funding source for support of projects authorized under chapter 258 of the acts of 2008 and which have undergone a project study by the division of capital asset management and maintenance, provided that any such project shall also be considered eligible for financing by the Massachusetts State College Building Authority as a project within the meaning of chapter 703 of the acts of 1963.
 

 

Chapter 70 Minimum Local Contributions

SECTION 157.   (a) Notwithstanding any general or special law to the contrary, upon the request of the board of selectmen in a town, the city council in a city with a plan E form of government or the mayor in any other city, the department of revenue may recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the General Laws, in the fiscal year ending June 30, 2011. Based on the criteria established in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of elementary and secondary education.

(b) A city or town that used qualifying revenue amounts in a fiscal year which are not available for use in the next fiscal year or that shall be required to use revenues for extraordinary non school-related expenses for which it did not have to use revenues in the preceding fiscal year or that has an excessive certified municipal revenue growth factor which is also greater than or equal to 1.5 times the state average municipal revenue growth factor may appeal to the department of revenue not later than October 1, 2010, for an adjustment of its minimum required local contribution and net school spending.

(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year ending June 30, 2011, shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.

(d) If upon submission of adequate documentation the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of elementary and secondary education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.

(e) The board of selectmen in a town, the city council in a city with a plan E form of government, the mayor in any other city or a majority of the member municipalities of a regional school district which used qualifying revenue amounts in a fiscal year that are not available for use in the next fiscal year may appeal to the department of revenue not later than October 1, 2010, for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.

(f) If the regional school budget has already been adopted by two-thirds of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of elementary and secondary education in accordance with this section.

(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined pursuant to this section shall be the minimum required local contribution described in chapter 70 of the General Laws. The department of revenue and the department of elementary and secondary education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount.

(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided in this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized by this section.

(i) The amount of financial assistance due from the commonwealth in fiscal year 2011 pursuant to chapter 70 of the General Laws or any other law shall not be changed on account of any redetermination of the minimum required local contribution pursuant to this section.

(j) The department of revenue and the department of elementary and secondary education shall issue guidelines for their respective duties pursuant to this section.
 

 

Stabilization Fund Transfer

SECTION 158.   Notwithstanding any general or special law to the contrary, during fiscal year 2011 the comptroller shall not transfer 0.5 per cent of the total revenue from taxes in the preceding fiscal year to the Commonwealth Stabilization Fund, established in section 2H of chapter 29 of the General Laws, as otherwise required pursuant to clause (a) of section 5C of said chapter 29.
 

 

TANF funding for Nursing Facilities

SECTION 159.   ** Section was returned for amendment (Attachment J)



(a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b), contingent upon receipt of at least $27,200,000 in TANF contingency funds authorized by Title IV, Section 403(b) of the Social Security Act, a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011 in item 4000-0640 of section 2.



(b) Subsection (a) shall take effect only upon receipt of a written certification by the secretary of administration and finance, addressed to the chairs of the house and senate committees on ways and means and the comptroller of the commonwealth, that legislation extending the commonwealth's eligibility for an enhanced federal medical assistance percentage pursuant to the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not in effect as of June 1, 2010, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010, to the commonwealth during state fiscal year 2011.

 

Veto Explanation:
I am vetoing this section because it awards $27.2 million in possible federal funds to private nursing facilities in preference to other programs to assist needy citizens, and because none of the enhanced FMAP funds have been received from or committed by the federal government.

 

Acquired and Traumatic Brain Injury Commission

SECTION 160.   There is hereby established a special commission to make an investigation and study relative to the rehabilitative residential and integrated community-based support services for persons with acquired brain injury and persons with traumatic brain injury in the commonwealth. The commission shall consist of the chairs of the joint committee on health care financing or their designees, who shall serve as co-chairs; 1 member of the house of representatives appointed by the minority leader; 1 member of the senate appointed by the minority leader; the secretary of health and human services or a designee; the assistant secretary for the office of disabilities and community services or a designee; the commissioner of public health or a designee from the office on health and disability; the commissioner of medical assistance or a designee; and 4 persons appointed by the governor. The target populations for the investigation shall be persons of all ages with neurocognitive and neurobehavioral deficits stemming from traumatic or acquired brain injury.

The investigation and study shall include, but not be limited to the availability, nature and adequacy of the following services for the target population: acute and long-term medical and cognitive rehabilitation and outpatient services; therapy services; residential nursing care; structured day treatment and day activity programs; club programs; respite care services; community-based housing; home-based services; family support programs; case management; companion services; personal care attendant services; specialized medical equipment and supplies; environmental modifications; counseling and training; and prevocational services.

The commission shall file a report of its findings with the clerks of the house of representatives and the senate and the house and senate committees on ways and means not later than April 1, 2011. The report shall include recommendations for improving services for people with acquired or traumatic brain injury, the cost of maintaining or establishing those services and any legislation necessary to implement or allow for the development or expansion of services for the target population.
 

 

Social Law Library Chargeback

SECTION 161.   Notwithstanding chapter 79 of the acts of 1814 or any other general or special law to the contrary, for fiscal year 2011, the social law library may collect monies from all executive, legislative and judicial branch offices and constitutional officers for access to the library and its services for the Suffolk social law library chargeback, item 0321-2215 of section 2B.
 

 

Tuition Retention Waivers Study

SECTION 162.   There shall be established a special commission to make an investigation and study relative to higher education in-state tuition retention. The commission shall consist of the commissioner of higher education who shall be the chair; the secretary of education or a designee; the chair of the board of higher education or a designee; the chair of the University of Massachusetts board of trustees or a designee; the president of the University of Massachusetts system or a designee; 1 state college president to be appointed by the governor; 4 state or community college presidents or their designees, 1 each to be appointed by the speaker of the house of representatives, the minority leader of the house of representatives, the senate president, and the minority leader of the senate; and 1 member of a state or community college board of trustees to be appointed by the governor. The commission shall convene its first official meeting not later than September 1, 2010.

The commission shall make a comprehensive study of in-state tuition retention for all institutions of higher education in the commonwealth. The study shall include, but not be limited to, the feasibility of implementing a cost-neutral tuition retention program at higher education institutions; providing Massachusetts public colleges and universities with the authority to set both tuition and fee levels and retain the revenue from both, including, but not limited to, the potential costs, savings or benefits related to: allowing campuses to set and retain tuition; fringe benefits; fee waivers; the effects of tuition retention on campus appropriations; and the cost of any recommendations the commission may make.

The commission shall report to the general court the results of its investigation and study and its recommendations together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerk of the senate and house of representatives, who shall forward the same to the e house and senate committee on ways and means and the joint committee on higher education on or before February 1, 2011.
 

 

Municipal Bond Banks

SECTION 163.   Notwithstanding any special or general law to the contrary, not later than October 31, 2010, the state treasurer shall report to the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the senate and house committees on bonding, capital expenditures and state assets on the potential cost savings to municipalities and other efficiencies of a municipal infrastructure bond bank. The report shall include an analysis of the municipal infrastructure bond banks utilized in other states and recommendations together with drafts of legislation, if any, necessary to implement changes to finance laws in order to permit a bond bank to be established in the commonwealth.
 

 

Plan for Haitian Students

SECTION 164.   Notwithstanding any general or special law to the contrary, the department of elementary and secondary education shall develop a plan for any city or town that has enrolled more than 25 students displaced by an earthquake since January 2010. The plan shall include, but not be limited to, the per pupil cost and the per pupil cost of counseling and interpretive services and shall be submitted, together with a draft of legislation necessary to implement these recommendations, if any, to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on education not later than December 31, 2010.
 

 

DYS Compact

SECTION 165.   The governor shall execute a compact, on behalf of the commonwealth, with any other state or states legally joined therein in the form substantially set out in chapter 120A of the General Laws; provided, however, that the commissioner of youth services shall serve as the compact administrator; and provided further, that accused status offenders and non-offender juveniles shall not be detained in a secure detention facility or as otherwise prohibited by the purpose and intent of applicable state or federal laws.
 

 

Public Safety Vehicle Study

SECTION 166.   The secretary of public safety and security shall conduct an audit and inventory of the commonwealth's public safety vehicles and equipment including, but not limited to, those in possession of the department of the state police, sheriff's offices, the department of correction, the Massachusetts Bay Transportation Authority police department and any law enforcement council incorporated or formed under the authority of a general or special law. The audit and inventory shall detail the type, age and use of the vehicles and equipment, whether similar vehicles and equipment are owned by multiple departments or underutilized by 1 department whereby the sharing of underutilized vehicles and equipment may be suitable for realizing cost savings and any other information as the secretary deems pertinent. The secretary shall report the findings to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on public safety and homeland security not later than January 1, 2011.
 

 

study expenditure of funds received from ARRA

SECTION 167.   Notwithstanding any general or special law to the contrary, there shall be a special commission to investigate and study the expenditure of funds received through the American Reinvestment and Recovery Act. The commission shall specifically investigate the possibility that the funds have been spent on or through non-domestic entities including, but not limited to, the purchase of raw materials, contracting of labor or the transaction of business with companies located, based or incorporated in a foreign country. The commission shall consist of the chairs of the joint committee on federal stimulus oversight, who shall chair the commission; the house and senate chairs of ways and means or their designees; the secretary of administration and finance or a designee; the attorney general or a designee; the treasurer of the commonwealth or a designee; the auditor of the commonwealth or a designee; the comptroller of the commonwealth or a designee; the minority leader of the senate and the minority leader of the house of representatives or their designees; and 1 person to be appointed by the governor. The commission shall report its findings and its recommendations, if any, to the clerks of the senate and house of representatives not later than January 30, 2011.
 

 

Study of Capital/Operating Funds

SECTION 168.   There is hereby established a special commission to consist of 1 member of the house of representatives appointed by the speaker of the house of representatives; 1 member of the senate appointed by the president of the senate; 1 member of the house of representatives appointed by the house minority leader; 1 member of the senate appointed by the senate minority leader; the secretary of administration and finance or a designee; the state comptroller or a designee; and 1 person to be appointed by the governor who shall have experience working with an agency budget that utilizes capital funds to pay personnel costs and utilizes operating costs to fund capital projects, for the purpose of making an investigation and study relative to the feasibility of transferring personnel that are currently funded from the capital budget to the operating budget and transferring capital projects funded from the operating budget to the capital budget. The commission shall review and provide information on the total number of full and part-time employees by department that are funded from the capital budget, including their salaries, and a description and cost of the capital projects by department that are funded from the operating budget. The commission shall submit its finding and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate who shall forward the same to the house and senate committees on ways and means on or before the last Wednesday of December, 2010.
 

 

Peabody Parking Study

SECTION 169.   The Massachusetts Department of Transportation shall conduct a comprehensive analysis of the availability of public parking in coastal cities and towns within Essex county that have a history of flooding affecting local businesses. The report shall include recommendations to improve and increase access to public parking. The department shall provide its report and recommendations to the governor, to the house and senate committees on ways and means and to the joint committee on transportation not later than January 1, 2011.
 

 

Human Service Providers Salary Reserve - Study

SECTION 170.   The executive office of health and human services shall report to the general court on the implementation of chapter 257 of the acts of 2008. The report shall include: (i) current rates for social service programs under section 22N of chapter 7 of the General Laws; (ii) the status of implementation of the prospective rate system established in said chapter 257; (iii) the process for establishing rates for social service programs, including inflation and geographic cost adjustments pursuant to section 2A of chapter 118G of the General Laws; (iv) the extent to which implementation of said chapter 257 has addressed the concerns raised in the executive office of health and human services report dated October 2007, entitled Financial Health of Providers in the Massachusetts Human Service System; and (v) initiatives undertaken to promote efficiency or to reduce or control costs and the results thereof. The executive office shall submit its report to the clerks of the house and senate, the house and senate who shall forward the same to the committees on ways and means, the joint committee on health care financing and the joint committee on children, families and persons with disabilities on or before December 1, 2010.
 

 

Durable Medical Equipment Study

SECTION 171.   The secretary of administration and finance and the secretary of health and human services shall evaluate the feasibility of contracting for recycling durable medical equipment purchased and issued by the commonwealth through its medical assistance programs.

Said evaluation shall include, but not be limited to, a request for qualifications and proposals for entities capable of developing, implementing and operating a system of recycling whereby an inventory of such equipment is developed and managed so as to maximize the quality of service delivery to equipment recipients and to minimize costs and losses attributable to waste, fraud and abuse.

After completion of the evaluation, if the secretary of health and human services, in consultation with the secretary of administration and finance, determines that there is a proposal that would result in substantial cost savings for the commonwealth, the secretary of health and human services may adopt the proposal.
 

 

Provision of Publicly Subsidized Healthcare Services

SECTION 172.   The inspector general shall review and comment, within 30 days after the effective date of this act, on any award, transfer or procurement by the executive office of health and human services of any of the services currently being provided under the customer services contract responsible for the provision of key operations services to the MassHealth member and provider communities to a private vendor or to any department of the commonwealth as defined in 815 CMR 6.02.
 

Veto Explanation:
I am vetoing this section because it interferes with both the Inspector General's independent exercise of discretion, as well as an executive department's judgment regarding quality, efficiency, and cost in the provision of state services. In the spirit of this section and recognizing the Inspector General's existing authority, the Secretary of Health and Human Services has written to the Inspector General about this matter.

 

Encrypted Digital Tax Stamping for Cigarettes

SECTION 173.   The department of revenue shall submit a report to the house and senate committees on ways and means and the joint committee on revenue on the planned encrypted digital tax stamp system to be implemented pursuant to section 7B of chapter 64C of the General Laws and section 3A of chapter 64H of the General Laws, within 60 days after the effective date of this act. The report shall include a detailed analysis of the department's financing plan for the encrypted digital tax stamp system which shall include, but not be limited to, the department's estimates of the cost of the acquisition and installation of the new equipment and the ongoing costs of maintaining and operating the equipment, including any annual service contract required. The report shall also include the estimated net revenue increase projected to be realized by the commonwealth as a result of the encrypted digital tax stamp system, recommendations, if any, and drafts of legislation necessary to carry those recommendations into effect in order to implement this program and a report by the department in the area of tobacco tax enforcement.
 

 

Bureau of Sped Appeals Transfer

SECTION 174.   (a) Notwithstanding any general or special law to the contrary, the dispute resolution functions of the bureau of special education appeals, which was established as an independent entity by the department of elementary and secondary education within the executive office of education, its employees, proceedings, rules and regulations, and legal obligations are hereby transferred to the division of administrative law appeals, established in section 4H of chapter 7 of the General Laws.

(b) Those employees of the department of elementary and secondary education covered by a collective bargaining agreement who, before the effective date of this act, were assigned to the bureau of special education appeals, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or who have tenure in their positions as provided by section 9A of chapter 30 of the General Laws, are hereby transferred to the division of administrative law appeals without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employees and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits and without change in union representation, if any, or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under said chapter 31 or has tenure in a position by reason of said section 9A of said chapter 30. Notwithstanding any general or special law to the contrary, all employees assigned to the bureau of special education appeals covered by collective bargaining agreements shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E. Nothing in this section shall confer upon an employee any right not held immediately before the date of this transfer or prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before the transfer date.

(c) The assistant director of special education appeals is hereby transferred to the division of administrative law appeals as the initial director of the bureau of special education appeals without interruption of service within the meaning of section 9A of chapter 30 of the General Laws, without impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade and without loss of accrued rights to holidays, sick leave, vacation and other benefits. The reorganization shall not impair any civil service status of such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of said section 9A of said chapter 30.

(d) All petitions, requests, hearings and other proceedings appropriately and duly brought before the bureau of special education appeals and pending before it before the effective date of this act shall continue unabated and remain in force, but shall be assumed and completed by the bureau of special education appeals as part of the division of administrative law appeals.

(e) All orders issued by the bureau of special education appeals that are in force immediately before the effective date of this act shall continue in full force and effect in accordance with the terms of such orders.

(f) All rules and regulations governing the bureau of special education appeals which are in force immediately before the effective date of this act shall continue in full force and effect until superseded, revised, rescinded or canceled by the board of elementary and secondary education, in consultation with the director of special education appeals and the chief administrative magistrate of the division of administrative law appeals.
 

 

Special Education Appeals Advisory Council First Meeting

SECTION 175.   The special education appeals advisory council established in section 2A of chapter 71B of the General Laws shall hold its first meeting not later than 45 days after the effective date of this act and shall include in its duties advice and feedback relating to the bureau of special education appeals' transition to the division of administrative law appeals.
 

 

Massachusetts Department of Transportation Water Study

SECTION 176.   **Section was returned for amendment (Attachment K)



(a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-



"I-95 corridor", the area within the town of Boxford located approximately 1,500 feet from any portion of interstate highway route 95.



"Safe drinking water", water that meets or exceeds all primary and secondary standards and recommended guidelines for drinking water as defined by the department of environmental protection.



(b) The Massachusetts Department of Transportation shall conduct a comprehensive study to determine the cumulative and immediate effects of deicing chemical storage and deicing operations on the groundwater aquifers and bedrock fissures within the I-95 corridor. Specifically, the study shall determine how and why deicing chemicals applied to interstate highway route 95 have infiltrated the groundwater aquifers and bedrock fissures and what measures need to be taken to prevent it from occurring in the future. The study shall provide recommendations as to: (1) the proximate causes of deicing chemicals, including sodium and chloride, infiltration into the groundwater aquifers and bedrock fissures within the I-95 corridor; (2) short-term and long-term remedial actions necessary to restore groundwater quality to a safe drinking water standard within the I-95 corridor; (3) a plan to modify highway drainage systems to prevent storm water runoff and highway drainage from adversely impacting aquifers, bedrock fissures and adjacent wetland resource areas; and (4) alternative means to provide a reliable and adequate safe drinking water supply to the residents located within the I-95 corridor that meet all state and local requirements.



(c) The department shall conduct the study utilizing an independent consultant. The development of the study scope of work, the selection of the independent consultant and the review of study recommendations shall all be conducted jointly by the Department and a committee to be appointed by the Boxford board of selectmen and the Boxford Board of Health. Within 1 year after the effective date of this act, the department shall file a report of its activities and the developed recommendations with the governor and the clerks of the senate and house of representatives who shall forward the same to the house and senate committees on ways and means and other committees as appropriate. To the extent the report provides for disbursement of appropriations or other moneys authorized by the general court, the plan shall be subject to the approval of the secretary of transportation and the secretary of administration and finance.

 

 

Inmate Fee Schedule

SECTION 177.   There shall be a special commission to study the feasibility of establishing inmate fees. The commission shall consist of the secretary of public safety and security or a designee, who shall be the chair; the president of the Massachusetts Sheriffs' Association or a designee; 2 sheriffs to be designated by the president of the Massachusetts Sheriffs' Association, each of whom shall be from a different political party; the chief counsel of the committee for public counsel services or a designee; a correctional system union representative; and a representative from prisoners' legal services. The commission shall convene its first official meeting no later than September 1, 2010. The commission shall make a comprehensive study of the feasibility of establishing inmate fees within the correctional system of the commonwealth. The study shall include, but not be limited to, the types and amount of fees to be charged, including a daily room and board fee and medical co-pays; revenue that could be generated from the fees; the cost of administering the fees; the impact on the affected population; use of the collected fees by the respective sheriff's office; method and sources of collecting the fees; impact on the prisoner work programs; waiver of the fees for indigents; exemptions from the fees for certain medical services; and forgiveness of the balance due for good behavior.

The commission shall report to the general court the results of its investigation and study, and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and the house of representatives, who shall forward the same to the chairs of the house and senate ways and means committees and the senate and house chairs of the joint committee on public safety on or before March 1, 2011.
 

 

Medicaid Delivery Model Advisory Committee

SECTION 178.   An advisory committee shall be convened to study the comparative costs and benefits of different care delivery models for the Medicaid program including, but not limited to, all-managed care, a state-contracted chronic disease management program and patient-centered medical homes. The advisory committee shall consist of the secretary of administration and finance or a designee, who shall serve as chair; the secretary of health and human services or a designee; the commissioner of health care finance and policy or a designee; the director of Medicaid or a designee; the executive director of the Commonwealth Health Insurance Connector Authority or a designee; the chairs of the house and senate committees on ways and means; the senate and house chairs of the joint committee on health care financing; the senate and house chairs of the joint committee on mental health and substance abuse; 1 member representing the house minority party; 1 member representing the senate minority party; 1 member representing the Massachusetts Association of Health Plans; 1 member of the Massachusetts Medical Society who shall be a practicing primary care physician; 1 member representing the Massachusetts Hospital Association; 1 member representing the Association for Behavioral Healthcare; 1 member appointed by the Governor who shall be an advocate for individuals with disabilities; and 1 member appointed by the Governor representing a health care consumer group.

The advisory committee shall compare the current and projected impact of the managed care program, the primary care clinician plan, the disease management program and patient-centered medical homes on the Medicaid budget including, but not limited to, an estimate of the potential increase or decrease in programmatic costs of transitioning from 1 care delivery system to another and the impact of the different delivery systems on the financial risk borne by the commonwealth. Cost estimates and projections shall adjust for acuity. The advisory committee shall compare the current and projected impact of the managed care program, the primary care clinician plan, the disease management program and patient-centered medical homes on quality and continuity of care provided to MassHealth members, access to disease management and care coordination programs, access and quality of care for MassHealth special populations, access to behavioral health services, accountability through the reporting of quality data and the potential to address racial and ethnic disparities. In conducting this analysis, the organization shall use actual and projected Medicaid and managed care data. The executive office of health and human services shall make any data requested by the advisory committee available in a timely manner. For the purpose of conducting this analysis, the executive office for administration and finance, in consultation with the advisory committee and subject to appropriation, shall contract with an independent, outside organization with expertise in fiscal analysis of the Medicaid program and the managed care model within state Medicaid programs by October 2, 2010. The advisory committee shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing not later than January 15, 2011.
 

 

Special Commission to Study Judiciary

SECTION 179.   **Section was returned for amendment (Attachment L)



There shall be a special commission to investigate and study the organizational structure, function and operation of the judiciary. For the purposes of this section, the judiciary shall include, without limitation: the supreme judicial court; the court of appeals; the office of the chief justice for administration and management of the trial courts, including the superior court department, the district court department, the land court department, the probate and family court department, the housing court department, the Boston municipal court department and the juvenile court department; the trial court office of community corrections; the office of probation; the office of the jury commissioner; the office of the Suffolk county clerk; the commission on judicial conduct; the board of bar examiners; the Massachusetts legal assistance corporation; the mental health legal advisors; prisons' legal services; and the social law library.



The commission shall examine the judiciary, including the operational, fiscal, legal, administrative and personnel functions and legal obligations of the judiciary. Said examination shall include, but shall not be limited to, the models from other states, best practices for management of government, performance measures, clarity of reporting lines and responsibilities and opportunities for budget savings through efficiencies, all while protecting the safety of the public. The commission shall consider, in its investigation and study, the reports and recommendations of both the visiting committee on management of the state courts and the court management advisory board.



The commission shall further investigate and study the feasibility and advisability of transferring authority over the office of probation, office of community corrections and the parole board including the power of appointment, assignment, discipline and termination of staff, to either the chief justice for administration and management or the executive office of public safety and security, in an effort to best provide enhanced accountability, oversight, leadership, effectiveness in carrying out essential functions and efficiency of administration.



The judiciary shall comply with all reasonable requests by the commission for information in furtherance of the above-stated goals.



The commission shall consist of 10 members, 1 of whom shall be appointed by the senate president who shall have expertise in applied criminal justice research, 1 of whom shall be appointed by the speaker of the house who shall have expertise in applied criminal justice research, 1 of whom shall be appointed by the minority leader of the senate who shall have expertise in financial management and public policy, 1 of whom shall be appointed by the minority leader of the house of representatives who shall have expertise in financial management and public policy, 1 of whom shall be the attorney general, who shall serve as chair, 1 of whom shall be the secretary of administration and finance, or his designee, 1 of whom shall be the chief counsel of the committee for public counsel services or his designee, 1 of whom shall be the president of the Massachusetts District Attorneys' Association, or his designee, 1 of whom shall be a representative of the Massachusetts Bar Association and 1 of whom shall be a person appointed by the chief justice of the supreme judicial court who shall be a retired first justice with court management experience. The commission shall report its findings and recommendations together with legislation, if any, to the clerks of the house of representatives and senate, to the joint committee on judiciary, the joint committee on public safety and the senate and house committees on ways and means not later than December 31, 2010.

 

 

Homelessness in Hotels/Motels Study

SECTION 180.   Notwithstanding any general or special law to the contrary, the undersecretary of housing and community development shall make a report detailing recommended regulations to end the practice of housing homeless residents in hotels and motels and the costs associated with that practice. The report shall include, but not be limited to, the recommended guidelines for usage of temporary housing alternatives which provide cost savings to the commonwealth; a timeline to eliminate the practice of using hotels and motels within 1 year after the report is filed; the cost of school transportation from out-of-district emergency assistance placements; the cost of the usage of hotels and motels versus the cost of using shelters; and the availability of unused shelter space not currently under contract by the department. The report shall be submitted to the clerks of the senate and house of representatives and to the chairs of the house and senate committees on ways and means not later than 60 days after the effective date of this act.

 

 

Trial Court Transferability

SECTION 181.   Notwithstanding clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 29, 2011, transfer funds from any item of appropriation within the trial court; provided, however, that the chief justice for administration and management may transfer not more than 5 per cent of funds from each of the items 0339-1001, 0339-1003, 0339-1007 and 0339-1009 to any other item of appropriation within the trial court. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include: (1) the amount of money transferred from any item of appropriation to any other item of appropriation; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer shall be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.
 

 

DTA Immigration Verification

SECTION 182.   Notwithstanding any general or special law to the contrary, to prevent fraud and misuse of public assistance benefits, the department of transitional assistance shall:

(1) consistent with federal and state law, require all applicants for benefits to declare in writing under penalty of perjury whether the individual is a citizen of the United States and if not whether the individual meets applicable immigration status requirements; provided, however, that noncitizens shall be required to provide documentation from the United States Department of Homeland Security Immigration and Customs Enforcement agency or such other documents as the department determines constitutes reasonable evidence of required immigration status; provided further, that consistent with federal and state law, the state shall provide a reasonable opportunity to submit evidence of required immigration status and will not delay, deny, reduce or terminate benefits on the basis of immigration status until such verification is provided; provided further, that the department of transitional assistance shall use the federal Systematic Alien Verification for Entitlements or SAVE system to verify the immigration status of any noncitizen whose documentation includes an alien registration number to determine whether the individual meets noncitizen requirements for benefit eligibility purposes and shall verify the social security number of each individual seeking benefits, citizens as well as noncitizens, in accordance with procedures established by the Social Security Administration;

(2) implement data matching with the department of revenue, the department of children and families, the division of unemployment assistance and any other relevant state agencies to verify financial and categorical eligibility criteria;

(3) cooperate fully with the food and nutrition service of the United States Department of Agriculture in pursuing and prosecuting vendor fraud;

(4) refer all credible reports of fraud received from its fraud hotline or any other source to the bureau of special investigations for investigation in accordance with protocols for prioritizing cases;

(5) pursue, to the fullest extent possible, consistent with protocols for prioritizing cases, administrative disqualification penalties for instances of Supplemental Nutrition Assistance Program and cash assistance fraud; and

(6) report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
 

 

Pension Cost of Living Adjustment

SECTION 182A.   Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth's Pension Liability Fund established in section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, for the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32 and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to the rules adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers, including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and also including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to clause (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this section shall be made only pursuant to distribution of monies from the fund, and any distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the secretary of administration and finance with the house and senate committees on ways and means and the joint committee on public service in advance of this distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. The state board of retirement may expend an amount for the purposes of the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund, established by subdivision (8) of section 22 of said chapter 32, for the purpose of reducing the unfunded pension liability of the commonwealth.
 

 

Medical Home Demonstration

SECTION 182B.   Notwithstanding any general or special law to the contrary, and subject to appropriation and the availability of funds as determined by the executive office of health and human services, MassHealth shall include in its medical home demonstration authorized under section 30 of chapter 305 of the acts of 2008 all practice sites that have participated in the Commonwealth Fund safety net medical home initiative and that have submitted a qualifying response to the executive office's primary care medical home initiative request for responses. Subject to appropriation and the availability of funds, as determined by the executive office, the executive office may selectively contract with additional practice sites that have not participated in the Commonwealth Fund safety net medical home initiative.
 

 

MassHealth Use of SAVE

SECTION 183.   (a) Notwithstanding any general or special law to the contrary, not later than January 1, 2011, the MassHealth program within the executive office of health and human services shall: (i) implement the state option provided by section 1902(ee) of the Social Security Act, 42 U.S.C. section 1396a(ee), to verify the citizenship or nationality of individuals declaring to be United States citizens or nationals; and (ii) register for the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of applicants presenting an alien admission number or alien file number. The executive office shall be exempt from the requirement to use the SAVE system if it has reported not later than January 1, 2011, to the senate and house committees on ways and means and the executive office for administration and finance that using the SAVE system would not be cost effective.

(b) Annually, on or before February 1, the executive office of health and human services shall report to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered from recipients, providers or other vendors who fraudulently received benefits or payments under chapter 118E of the General Laws.
 

 

DUA Immigration Verification

SECTION 184.   Consistent with federal and state law and to prevent fraud and misuse of unemployment benefits, the division of unemployment assistance shall:

(1) maintain interagency agreements with the United States Social Security Administration and the United States Citizenship and Immigration Service within the Department of Homeland Security to utilize a primary verification system to determine citizenship or work authorization at the time of new claim filings through the SAVE system;

(2) require noncitizen claimants to provide their alien registration number; provided, however, that the division of unemployment assistance shall verify claimant information and alien registration number with the United States Citizenship and Immigration Service within the Department of Homeland Security;

(3) require noncitizen claimants who cannot provide an alien registration number during the new claim process to send copies of any official documents they have that authorize them to work in the United States to the division of unemployment assistance;

(4) institute a secondary verification process for claims for which a non-citizen does not have an alien registration number or if primary verification does not establish satisfactory status, using division staff to review the documents and transmit pertinent information from the documents for verification with the United States Citizenship and Immigration Service within the Department of Homeland Security;

(5) in cases where secondary verification is required, issue no payment after the first payment until the claim has been verified by the secondary verification process;

(6) flag expiration dates of work authorizations or in the unemployment insurance system if such dates exist; and

(7) report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division of unemployment assistance from those who received benefits fraudulently as well as the numbers of recipients who were issued disqualifications.
 

 

MassGrant Immigration Verification

SECTION 185.   (a) Notwithstanding and general or special law to the contrary, an applicant for the MassGrant program administered by the department of higher education office of grant assistance shall complete the Free Application for Federal Student Aid or other federal student loan program that verifies both financial and citizenship eligibility.

(b) The secretary of education shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department of education from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
 

Veto Explanation:
I am vetoing this section because [see technical note].

 

DHCD Applicant Verification

SECTION 186.   (a)(1) Notwithstanding any general or special law to the contrary, the department of housing and economic development shall direct local housing authorities to:

(i) require an applicant to provide the local housing authority with access to reliable and reasonably obtainable documentation verifying the accuracy of information provided by an applicant on an application form or otherwise necessary at the time of determining final eligibility and qualification; provided, however, that income of applicants shall be verified by the procedure set forth in paragraph (2); provided further, that if the local housing authority has verified any information when making a preliminary determination of eligibility for the applicant, the local housing authority shall reverify that information on its final determination of eligibility and qualification; and provided further, that nonreceipt of requested documentation, without good cause established by the applicant, shall be cause for determining that the applicant is unqualified;

(ii) require an applicant to provide the names and current addresses of all landlords or housing providers for the applicant and the applicant's household members during the 5 years immediately preceding the application to the date of the final determination; provided, however, that if after request the local housing authority has failed to receive a reference from a landlord or a housing provider, it shall notify the applicant of nonreceipt and the local housing authority shall request that the applicant use his best efforts to cause his landlord or housing provider to submit the reference to the local housing authority; provided further, that in the event that the applicant uses his best efforts but is unsuccessful, the applicant shall cooperate with the local housing authority in securing information from other sources relative to the tenancy; and provided further, that nonreceipt of a reference from a landlord or housing provider shall be cause for determining an applicant unqualified unless the applicant can show that he has used best efforts to secure the reference and that he has complied with reasonable requests for cooperation in securing other information;

(iii) obtain criminal offender record information for each applicant and, if necessary, check public records, credit reports, other sources of public information and other reliable sources; provided, however, that the local housing authority may conduct a home visit, which shall be scheduled reasonably in advance; and provided further, that observations by the person making such a visit shall be promptly reduced to writing and placed in the applicant's file; and

(iv) obtain information regarding eligibility or qualification from interviews with the applicant and with others from telephone conversations, letters or other documents and from other oral or written materials; provided, however, that all such information received shall be recorded in the applicant's file, including the date of its receipt, the identity of the source and the person receiving the information.

(2) The local housing authority shall assess financial eligibility by reviewing the applicant's net household income. In reviewing the applicant's financial status, the local housing authority shall assess net household income pursuant to regulations and guidelines promulgated by the department of housing and community development."

(b) The secretary of housing and economic development shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
 

 

Stabilization Fund Transfer

SECTION 187.   Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2011, transfer $100,000,000 to the General Fund from the Commonwealth Stabilization Fund. The comptroller, in consultation with the secretary of administration and finance, may take the overall cash flow needs of the commonwealth into consideration in determining the timing of any transfer of funds. The comptroller shall provide a schedule of transfers to the secretary of administration and finance and to the house and senate committees on ways and means.
 

 

Distressed Community Provider Trust Fund

SECTION 188.   There shall be a Distressed Community Provider Trust Fund, which shall be administered by the secretary of health and human services.



Notwithstanding any general or special law to the contrary, in fiscal year 2011, the comptroller shall transfer not less than $10,000,000 from the General Fund to the Distressed Community Provider Trust Fund for the purpose of making expenditures as described in this section. The secretary shall authorize expenditures from the fund, without further appropriation, to assist acute care hospitals, including disproportionate share hospitals, that are in extreme financial distress. The secretary shall consider applications from hospitals that meet any of the following criteria: (i) have an operating margin below the median operating margin of eligible disproportionate share hospitals in hospital fiscal years 2007, 2008 and 2009; (ii) have a total margin below zero for both hospital fiscal years 2008 and 2009; (iii) have an operating margin at or below the median of eligible disproportionate share hospitals in hospital fiscal year 2009; (iv) operate an American College of Surgeons-verified region 3 level 3 trauma center; (v) operate a hospital licensed by the department of public health as a chronic disease hospital providing services solely to children and adolescents or a chronic hospital with inpatient children and adolescent services; (vi) operate as both a disproportionate share hospital and a sole community hospital; or (vii) operate as a disproportionate share hospital with a psychiatric lockdown inpatient unit in region 5. The secretary shall structure expenditures under this section to maximize allowable federal reimbursement under Title XIX. Hospitals receiving funds under this section shall not be precluded from also receiving funds through grants or rates authorized under items 4000-0500 or 4000-0700 of section 2 and expended to enhance the ability of hospitals, community health centers and primary care clinicians to serve populations in need more efficiently and effectively. The secretary shall accept applications to receive funds up to January 1, 2011, and shall distribute those funds not later than March 31, 2011. The secretary shall file with the house and senate committees on ways and means a distribution plan for the funds, and the extent to which expenditures qualify for federal financial participation, on or before March 1, 2011. All federal reimbursements received by the commonwealth for expenditures made from the fund shall be deposited into the General Fund.

 

Veto Explanation:
I am vetoing this section because it does not allow for federal matching funds for this program. Funds are available for MassHealth to administer the program in a more appropriate and affordable manner.

 

TeleHealth Treatment Review

SECTION 189.   Notwithstanding any general or special law to the contrary, the Massachusetts Technology Collaborative shall conduct a review and evaluation of the feasibility and efficacy of managing and treating patients with specified chronic medical conditions using the delivery of health care services and information via telecommunication, known as telehealth. The study shall include the cost effectiveness, quality improvements and hospital admission and readmission rates associated with utilizing telehealth in treating chronic medical conditions which require health care services of unusually high frequency, urgency or duration. The evaluation may include a demonstration project in consultation with home health agencies and manufacturers of telehealth monitoring devices. The collaborative shall submit a final report and recommendations for use of telehealth technology, with any drafts of legislation necessary to carry out those recommendations, by filing the same with the joint committee on health care financing and the house and senate committees on ways and means not later than July 1, 2011.
 

 

FMAP Budget Relief Fund

SECTION 190.   (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the FMAP Budget Relief Fund. The fund shall consist of revenues, not to exceed 750 million, generated or collected by the commonwealth in state fiscal year 2011, as a result of certain expenditures in section 2 that are eligible for an enhanced federal medical assistance percentage pursuant to an extension of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, not in effect as of June 1, 2010, as set forth in subsection (b), or as a result of any other obligation by the federal government, not in effect as of June 1, 2010, as set forth in subsection (b).



(b) The fund shall be expended in accordance with appropriations authorized in section 2 and shall be allotted pursuant to subsection (c); provided, however, that no department, office, institution or commission shall obligate, and the comptroller shall not authorize, expenditure of appropriations charged to this fund until:



(1) legislation, not in effect as of June 1, 2010, extending the commonwealth's eligibility for an enhanced federal medical assistance percentage, pursuant to the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, has been duly enacted and signed into law by the President of the United States or that the federal government has otherwise obligated itself to release additional funding not available as of June 1, 2010 to the commonwealth during state fiscal year 2011; and



(2) the secretary of administration and finance has certified to the comptroller, and provided notice to the chairs of the house and senate committees on ways and means, the amount of revenue anticipated as a result of clause (1).



(c) Monies authorized for appropriation pursuant to section 2 shall be expended only in such amounts as may be allotted as provided in this section. The comptroller shall divide the fiscal year into allotment periods of not less than one month nor more than four months. The comptroller shall allot to each such item in section 2 the amount which it may expend for each such period out of the sums made available to it by appropriation in section 2. The amount so allotted initially by the comptroller shall be equal to an amount calculated in accordance with the following formula: the annual sum available for expenditure divided by twelve multiplied by the number of months in the allotment period, unless the full legislative objective of an appropriation would be accomplished, without amendment, by a lesser allocation than that required by the formula. The comptroller may, upon written request of the governor, so allocate a greater amount than required by the formula provided, however, that no less than 15 days prior to the initial allocation of such greater amount to any account for which a supplemental appropriation will become necessary if current rates of spending continue, the governor shall file with the house and senate committees on ways and means a report containing the following information: (1) the amount of the appropriation which the governor proposes to allocate; and (2) a detailed corrective action plan to prevent a deficiency in the account or accounts involved; a request for a supplemental or deficiency appropriation, if such corrective action plan would violate the legislative objective of the appropriation; or a statement explaining why neither a corrective action plan nor a supplemental appropriation is necessary.



(d) Upon enactment of legislation as described in clause (1) of subsection (b) and certification by the secretary as described in clause (2) of subsection (b) of amounts anticipated to be insufficient to fund appropriations authorized in section 2 pursuant to subsection (c), the comptroller shall proportionally reduce allotments available for expenditure in each item of section 2 receiving an appropriation from this fund. The comptroller shall not, however, under any circumstances fund appropriations authorized in section 2 pursuant to subsection (c) with revenues collected in the General Fund.



(e) For the purpose of calculating allotments in accordance with section 9B of chapter 29 of the General Laws the governor shall exclude from the calculation of the annual sums available for expenditure any amounts appropriated from this fund.



(f) This section shall expire on June 30, 2011 and any remaining balance shall be transferred to the General Fund.

 

Veto Explanation:
I am vetoing this section because none of the enhanced FMAP funds have been received from or committed by the federal government.

 

Reinstate Carry Forward

SECTION 191.   Section 149 is repealed.

 

Veto Explanation:
I am vetoing this section because none of the enhanced FMAP funds have been received from or committed by the federal government.

 

Cancel No Carry Forward

SECTION 192.   Section 191 shall take effect only when both conditions established in subsection (b) of section 190 have been satisfied.

 

Veto Explanation:
I am vetoing this section because none of the enhanced FMAP funds have been received from or committed by the federal government.

 

On-line Budget Transparency B

SECTION 193.   The searchable website established pursuant to section 14C of chapter 7 of the General Laws shall be accessible to the public not later than January 1, 2011 and shall contain data for fiscal year 2010; provided, however, that the requirement for the location of a recipient or agency receiving a state award in clause (1) of subsection (b) of said section 14C of said chapter 7 shall not take effect until July 1, 2011.
 

 

DOR Administration Provisions to Facilitate Collections J

SECTION 194.   Section 46 shall be effective for tax years beginning on or after January 1, 2010, with respect to installment obligations as of the close of the tax year.
 

 

AOTC Renogotiate or Terminate Leases D

SECTION 195.   Section 144 shall expire on June 30, 2011.
 

 

Tax Credit Transparency - Effective Date

SECTION 196.   Sections 37, 38, 39 and 47 shall take effect on January 1, 2011.
 

 

Current SJC Exempt from Section 30

SECTION 197.   Notwithstanding any general or special law to the contrary and except as expressly provided otherwise, section 30 shall apply only to members appointed on or after the effective date of this act.
 

 

Probation Commissioner I

SECTION 198.   Section 103 shall apply to a person appointed to the office of commissioner of probation after the effective date of this act.
 

Veto Explanation:
I am vetoing this section because any commissioner of probation should be held accountable by a periodic term of years, rather than a life appointment.

 

Effective Dates for 108, 109, 129

SECTION 199.   Sections 108, 109, 110 and 129 shall take effect on July 1, 2011.
 

 

Pension Reform Effective Date 2

SECTION 201.   Notwithstanding any general or special law to the contrary, no increases in allowances provided pursuant to sections 27 and 28 shall take effect before January 1, 2011.
 

 

Effective Date

SECTION 202.   Except as otherwise specified, this act shall take effect on July 1, 2010.