This is not the official budget document.

Budget Summary FY2012

Outside Sections
Data Current as of:  7/11/2011



Outside Sections

Local Aid Distribution

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SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2012 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 $833,980,293 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 2012 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.
For fiscal year 2012, the foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2011. The target local share shall be calculated using the same methodology used in fiscal year 2011. Preliminary local contribution shall be the municipality's fiscal year 2011 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 2012 shall be, for any municipality with a fiscal year 2012 preliminary contribution greater than its fiscal year 2012 target contribution, the preliminary local contribution reduced by 20 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. For fiscal year 2012, "prior year aid" shall be the sum of: (a) fiscal year 2011 state-appropriated chapter 70 aid; and (b) state fiscal stabilization fund allocations as distributed by the department of elementary and secondary education. For fiscal year 2012, the "foundation aid increment" shall be the difference between: (a) the positive difference between a district's foundation budget and its required district contribution; and (b) prior year aid. Chapter 70 aid for fiscal year 2012 shall be the sum of prior year aid plus the foundation aid increment, if any. 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.

 

Local Aid Distribution


Municipality
7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ABINGTON 7,244,034 1,543,567
ACTON 5,188,231 1,097,608
ACUSHNET 6,039,807 1,189,719
ADAMS 0 1,837,004
AGAWAM 17,494,998 2,890,703
ALFORD 0 11,011
AMESBURY 8,422,786 1,526,501
AMHERST 5,813,638 6,605,976
ANDOVER 6,928,057 1,402,081
AQUINNAH 0 1,833
ARLINGTON 6,880,580 5,952,940
ASHBURNHAM 0 623,876
ASHBY 0 343,578
ASHFIELD 93,413 145,672
ASHLAND 4,877,035 1,061,106
ATHOL 0 2,077,367
ATTLEBORO 28,992,951 4,476,414
AUBURN 6,495,648 1,343,805
AVON 816,707 543,847
AYER 264,744 594,009
BARNSTABLE 7,184,728 1,650,493
BARRE 7,483 705,700
BECKET 76,563 71,258
BEDFORD 2,806,434 900,733
BELCHERTOWN 13,251,261 1,335,093
BELLINGHAM 8,028,300 1,331,436
BELMONT 5,571,323 1,771,704
BERKLEY 3,805,913 477,426
BERLIN 500,103 158,198
BERNARDSTON 11,308 228,218
BEVERLY 6,730,266 4,582,242
BILLERICA 17,375,576 4,569,149
BLACKSTONE 84,251 1,074,007
BLANDFORD 42,726 99,633
BOLTON 0 154,921
BOSTON 205,414,453 148,660,757
BOURNE 4,684,058 1,150,250
BOXBOROUGH 1,294,018 197,930
BOXFORD 1,534,312 381,442
BOYLSTON 430,543 268,772
BRAINTREE 12,154,000 4,490,072
BREWSTER 887,884 309,819
BRIDGEWATER 36,107 2,857,894
BRIMFIELD 1,175,223 305,924
BROCKTON 139,582,640 16,429,406
BROOKFIELD 1,303,088 387,422
BROOKLINE 6,932,850 4,981,754
BUCKLAND 0 240,260
BURLINGTON 5,124,986 2,054,906
CAMBRIDGE 8,643,123 16,856,874
CANTON 3,838,238 1,682,666
CARLISLE 790,228 172,130
CARVER 9,573,059 1,146,273
CHARLEMONT 61,250 137,157
CHARLTON 21,176 1,136,799
CHATHAM 648,563 118,090
CHELMSFORD 9,880,853 3,982,596
CHELSEA 52,765,195 6,444,403
CHESHIRE 298,092 482,025
CHESTER 125,551 141,268
CHESTERFIELD 121,562 108,334
CHICOPEE 53,628,470 9,035,592
CHILMARK 0 2,943
CLARKSBURG 1,749,835 285,445
CLINTON 10,497,286 1,847,116
COHASSET 1,659,487 403,698
COLRAIN 0 226,462
CONCORD 1,998,997 910,291
CONWAY 592,554 140,234
CUMMINGTON 73,684 65,458
DALTON 212,902 892,749
DANVERS 4,269,013 2,234,836
DARTMOUTH 8,983,576 1,978,014
DEDHAM 3,651,265 2,565,951
DEERFIELD 1,026,593 376,874
DENNIS 0 427,332
DEVENS 308,588  
DIGHTON 0 606,730
DOUGLAS 8,368,517 572,620
DOVER 601,536 150,941
DRACUT 17,732,219 2,749,229
DUDLEY 0 1,401,958
DUNSTABLE 4,392 192,992
DUXBURY 4,387,890 695,530
EAST BRIDGEWATER 10,108,452 1,174,518
EAST BROOKFIELD 75,665 227,567
EAST LONGMEADOW 9,130,786 1,135,782
EASTHAM 315,916 116,902
EASTHAMPTON 7,568,672 2,205,513
EASTON 9,192,536 1,718,309
EDGARTOWN 422,688 52,267
EGREMONT 0 49,508
ERVING 408,645 52,739
ESSEX 0 192,114
EVERETT 42,993,143 5,420,954
FAIRHAVEN 7,217,965 1,769,396
FALL RIVER 93,795,275 18,698,842
FALMOUTH 4,846,696 1,087,838
FITCHBURG 40,477,603 6,696,216
FLORIDA 529,427 39,056
FOXBOROUGH 8,348,710 1,168,759
FRAMINGHAM 22,024,861 7,806,597
FRANKLIN 26,857,636 1,938,859
FREETOWN 353,070 745,088
GARDNER 18,037,844 3,325,039
GEORGETOWN 5,095,019 562,104
GILL 0 190,859
GLOUCESTER 5,755,585 3,133,846
GOSHEN 96,111 62,773
GOSNOLD 16,414 1,646
GRAFTON 8,559,644 1,226,876
GRANBY 4,455,570 692,822
GRANVILLE 1,247,466 125,803
GREAT BARRINGTON 0 595,495
GREENFIELD 9,957,403 2,491,144
GROTON 3,201 607,821
GROVELAND 0 571,169
HADLEY 733,207 356,121
HALIFAX 2,645,042 712,283
HAMILTON 0 527,184
HAMPDEN 0 539,848
HANCOCK 190,460 44,301
HANOVER 5,967,516 1,662,196
HANSON 31,588 1,004,818
HARDWICK 0 365,295
HARVARD 1,718,626 1,162,031
HARWICH 1,735,977 337,990
HATFIELD 753,311 244,835
HAVERHILL 35,966,744 7,711,930
HAWLEY 28,250 33,958
HEATH 0 65,651
HINGHAM 5,553,035 1,238,357
HINSDALE 104,683 174,710
HOLBROOK 4,597,787 1,157,772
HOLDEN 0 1,500,208
HOLLAND 890,143 158,375
HOLLISTON 6,546,693 1,215,118
HOLYOKE 67,536,867 7,969,057
HOPEDALE 5,815,295 511,659
HOPKINTON 5,472,035 616,393
HUBBARDSTON 14,817 353,458
HUDSON 9,208,854 1,564,697
HULL 3,610,471 1,662,898
HUNTINGTON 214,868 270,427
IPSWICH 2,559,500 1,259,557
KINGSTON 4,014,844 753,151
LAKEVILLE 49,190 642,026
LANCASTER 0 750,048
LANESBOROUGH 799,588 270,670
LAWRENCE 145,883,335 15,406,602
LEE 1,918,169 488,670
LEICESTER 9,381,227 1,362,409
LENOX 1,131,215 418,241
LEOMINSTER 41,456,131 4,490,816
LEVERETT 267,006 140,059
LEXINGTON 7,051,517 1,202,550
LEYDEN 0 64,606
LINCOLN 718,511 534,185
LITTLETON 3,503,626 557,764
LONGMEADOW 4,109,266 1,096,268
LOWELL 121,658,718 19,764,069
LUDLOW 13,097,378 2,397,042
LUNENBURG 4,522,545 829,777
LYNN 118,211,280 17,568,191
LYNNFIELD 3,799,686 816,068
MALDEN 44,091,112 9,844,375
MANCHESTER 0 174,499
MANSFIELD 17,873,614 1,750,267
MARBLEHEAD 4,548,961 893,530
MARION 431,669 177,050
MARLBOROUGH 14,405,503 4,271,401
MARSHFIELD 13,567,053 1,699,837
MASHPEE 4,200,511 288,692
MATTAPOISETT 526,956 318,023
MAYNARD 3,534,280 1,232,737
MEDFIELD 5,620,214 1,137,437
MEDFORD 10,836,793 9,517,872
MEDWAY 9,898,504 957,302
MELROSE 7,323,565 4,024,121
MENDON 24,883 320,659
MERRIMAC 0 660,204
METHUEN 38,823,822 4,266,346
MIDDLEBOROUGH 17,008,329 1,934,578
MIDDLEFIELD 18,050 41,714
MIDDLETON 1,483,356 429,332
MILFORD 16,702,939 2,396,675
MILLBURY 6,566,950 1,389,477
MILLIS 4,248,061 821,522
MILLVILLE 58,499 319,617
MILTON 5,504,287 2,521,257
MONROE 79,784 14,428
MONSON 7,259,850 1,024,283
MONTAGUE 0 1,124,542
MONTEREY 0 36,279
MONTGOMERY 21,042 68,097
MOUNT WASHINGTON 32,776 23,522
NAHANT 440,741 296,479
NANTUCKET 1,334,173 62,171
NATICK 7,062,013 2,990,066
NEEDHAM 6,991,720 1,369,789
NEW ASHFORD 179,597 15,938
NEW BEDFORD 111,804,538 18,050,411
NEW BRAINTREE 0 103,584
NEW MARLBOROUGH 0 45,953
NEW SALEM 0 81,413
NEWBURY 0 406,371
NEWBURYPORT 3,143,161 2,001,229
NEWTON 13,504,221 4,611,231
NORFOLK 3,234,875 752,484
NORTH ADAMS 13,418,958 3,481,174
NORTH ANDOVER 6,124,740 1,608,071
NORTH ATTLEBOROUGH 19,528,781 2,257,483
NORTH BROOKFIELD 4,129,763 625,244
NORTH READING 6,459,260 1,393,231
NORTHAMPTON 6,843,064 3,448,824
NORTHBOROUGH 3,311,175 875,253
NORTHBRIDGE 14,034,106 1,656,314
NORTHFIELD 0 283,498
NORTON 12,147,905 1,630,853
NORWELL 3,008,400 841,158
NORWOOD 4,808,800 3,649,810
OAK BLUFFS 613,641 57,066
OAKHAM 0 150,544
ORANGE 5,117,899 1,268,097
ORLEANS 237,642 134,783
OTIS 0 28,541
OXFORD 9,764,153 1,613,477
PALMER 10,519,240 1,573,636
PAXTON 0 424,607
PEABODY 18,663,598 5,664,152
PELHAM 216,311 124,902
PEMBROKE 12,794,990 1,319,012
PEPPERELL 0 1,171,128
PERU 73,500 89,614
PETERSHAM 418,743 89,957
PHILLIPSTON 0 144,740
PITTSFIELD 36,909,419 6,774,785
PLAINFIELD 51,024 39,366
PLAINVILLE 2,519,174 595,290
PLYMOUTH 21,778,007 3,074,658
PLYMPTON 566,871 186,155
PRINCETON 0 232,324
PROVINCETOWN 258,041 108,536
QUINCY 20,959,018 14,983,027
RANDOLPH 11,895,024 4,078,589
RAYNHAM 0 892,264
READING 9,488,181 2,543,818
REHOBOTH 0 817,945
REVERE 40,735,334 8,071,697
RICHMOND 330,519 84,892
ROCHESTER 1,705,807 333,266
ROCKLAND 10,022,160 2,074,337
ROCKPORT 1,271,798 343,349
ROWE 67,651 3,091
ROWLEY 0 423,746
ROYALSTON 0 141,068
RUSSELL 168,465 193,796
RUTLAND 0 725,867
SALEM 18,522,267 5,412,881
SALISBURY 0 495,790
SANDISFIELD 0 27,191
SANDWICH 6,376,393 884,410
SAUGUS 3,888,392 2,878,748
SAVOY 499,039 90,917
SCITUATE 4,832,136 1,578,512
SEEKONK 4,272,118 965,577
SHARON 6,562,832 1,098,429
SHEFFIELD 13,886 191,163
SHELBURNE 4,663 205,203
SHERBORN 499,848 169,965
SHIRLEY 0 1,029,497
SHREWSBURY 18,511,623 2,185,815
SHUTESBURY 571,885 133,065
SOMERSET 4,104,261 1,203,502
SOMERVILLE 19,108,128 19,770,620
SOUTH HADLEY 7,546,619 2,049,338
SOUTHAMPTON 2,425,096 499,982
SOUTHBOROUGH 2,654,636 343,199
SOUTHBRIDGE 17,230,163 2,760,518
SOUTHWICK 0 989,791
SPENCER 8,131 1,774,784
SPRINGFIELD 275,403,995 29,705,191
STERLING 0 543,998
STOCKBRIDGE 0 78,217
STONEHAM 3,327,888 2,916,235
STOUGHTON 12,860,747 2,512,733
STOW 0 330,325
STURBRIDGE 2,351,516 607,924
SUDBURY 4,206,945 1,098,406
SUNDERLAND 826,903 396,605
SUTTON 5,102,475 612,529
SWAMPSCOTT 2,564,463 1,015,680
SWANSEA 4,715,991 1,473,767
TAUNTON 45,565,026 6,599,741
TEMPLETON 0 1,094,201
TEWKSBURY 12,317,499 2,183,935
TISBURY 380,594 76,942
TOLLAND 0 14,503
TOPSFIELD 1,025,939 481,291
TOWNSEND 0 1,031,249
TRURO 245,466 23,606
TYNGSBOROUGH 6,960,249 758,313
TYRINGHAM 35,721 9,963
UPTON 12,582 417,765
UXBRIDGE 8,948,989 1,079,683
WAKEFIELD 4,794,886 2,643,470
WALES 725,004 185,338
WALPOLE 7,106,855 1,999,825
WALTHAM 7,068,165 7,535,082
WARE 8,103,542 1,354,696
WAREHAM 12,225,154 1,552,495
WARREN 0 709,926
WARWICK 0 99,794
WASHINGTON 11,237 74,114
WATERTOWN 3,234,244 5,233,952
WAYLAND 3,144,868 709,290
WEBSTER 9,554,369 1,942,812
WELLESLEY 7,202,028 1,016,492
WELLFLEET 146,323 45,864
WENDELL 0 136,751
WENHAM 0 336,112
WEST BOYLSTON 2,804,550 625,194
WEST BRIDGEWATER 2,441,892 513,118
WEST BROOKFIELD 201,348 382,187
WEST NEWBURY 0 232,501
WEST SPRINGFIELD 18,857,776 2,812,239
WEST STOCKBRIDGE 0 76,294
WEST TISBURY 0 145,748
WESTBOROUGH 4,206,047 909,295
WESTFIELD 32,546,677 4,939,735
WESTFORD 15,861,400 1,667,573
WESTHAMPTON 442,420 113,705
WESTMINSTER 0 513,668
WESTON 2,419,859 293,515
WESTPORT 4,154,597 954,650
WESTWOOD 3,777,085 572,463
WEYMOUTH 25,510,253 6,842,039
WHATELY 236,718 105,305
WHITMAN 112,364 1,900,068
WILBRAHAM 0 1,148,402
WILLIAMSBURG 415,779 237,562
WILLIAMSTOWN 895,366 749,163
WILMINGTON 10,186,107 1,951,163
WINCHENDON 11,115,275 1,320,096
WINCHESTER 6,241,118 1,160,984
WINDSOR 47,361 81,486
WINTHROP 5,157,850 3,307,962
WOBURN 6,256,312 4,697,651
WORCESTER 201,135,279 32,608,533
WORTHINGTON 49,000 98,563
WRENTHAM 3,538,923 731,568
YARMOUTH 4,574 990,716
Total Municipal Aid 3,359,222,997 833,980,293
 
Regional School District 7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ACTON BOXBOROUGH 6,969,133  
ADAMS CHESHIRE 9,835,636  
AMHERST PELHAM 9,169,067  
ASHBURNHAM WESTMINSTER 9,935,704  
ASSABET VALLEY 3,066,115  
ATHOL ROYALSTON 16,971,310  
AYER SHIRLEY 7,844,036  
BERKSHIRE HILLS 2,657,478  
BERLIN BOYLSTON 871,873  
BLACKSTONE MILLVILLE 10,511,449  
BLACKSTONE VALLEY 7,614,352  
BLUE HILLS 3,819,759  
BRIDGEWATER RAYNHAM 20,050,371  
BRISTOL COUNTY 2,949,242  
BRISTOL PLYMOUTH 9,860,864  
CAPE COD 2,020,767  
CENTRAL BERKSHIRE 8,335,894  
CHESTERFIELD GOSHEN 716,930  
CONCORD CARLISLE 1,786,194  
DENNIS YARMOUTH 6,403,644  
DIGHTON REHOBOTH 12,192,746  
DOVER SHERBORN 1,359,555  
DUDLEY CHARLTON 23,487,058  
ESSEX COUNTY 4,002,896  
FARMINGTON RIVER 384,305  
FRANKLIN COUNTY 3,268,850  
FREETOWN LAKEVILLE 10,359,748  
FRONTIER 2,704,790  
GATEWAY 5,553,533  
GILL MONTAGUE 5,967,929  
GREATER FALL RIVER 13,916,182  
GREATER LAWRENCE 19,868,513  
GREATER LOWELL 21,736,787  
GREATER NEW BEDFORD 22,674,551  
GROTON DUNSTABLE 10,278,973  
HAMILTON WENHAM 3,252,691  
HAMPDEN WILBRAHAM 11,105,799  
HAMPSHIRE 3,082,948  
HAWLEMONT 603,737  
KING PHILIP 7,025,455  
LINCOLN SUDBURY 2,513,855  
MANCHESTER ESSEX 2,106,931  
MARTHAS VINEYARD 2,691,760  
MASCONOMET 4,686,999  
MENDON UPTON 11,857,016  
MINUTEMAN 2,129,172  
MOHAWK TRAIL 5,809,394  
MONTACHUSETT 12,901,222  
MOUNT GREYLOCK 1,648,423  
NARRAGANSETT 9,607,394  
NASHOBA 6,128,165  
NASHOBA VALLEY 3,097,434  
NAUSET 3,204,119  
NEW SALEM WENDELL 621,347  
NORFOLK COUNTY 1,028,147  
NORTH MIDDLESEX 19,505,168  
NORTH SHORE 1,530,490  
NORTHAMPTON SMITH 885,640  
NORTHBORO SOUTHBORO 2,721,210  
NORTHEAST METROPOLITAN 7,985,945  
NORTHERN BERKSHIRE 4,195,758  
OLD COLONY 3,159,799  
OLD ROCHESTER 1,959,917  
PATHFINDER 4,923,562  
PENTUCKET 12,521,127  
PIONEER 3,971,891  
QUABBIN 16,073,093  
QUABOAG 8,393,766  
RALPH C MAHAR 5,254,840  
SHAWSHEEN VALLEY 5,600,595  
SILVER LAKE 6,927,073  
SOMERSET BERKLEY 3,120,169  
SOUTH MIDDLESEX 2,652,751  
SOUTH SHORE 3,614,091  
SOUTHEASTERN 12,628,459  
SOUTHERN BERKSHIRE 1,798,896  
SOUTHERN WORCESTER 9,400,370  
SOUTHWICK TOLLAND 8,183,967  
SPENCER EAST BROOKFIELD 13,236,949  
TANTASQUA 7,482,919  
TRI COUNTY 5,198,118  
TRITON 8,111,651  
UPISLAND 781,612  
UPPER CAPE COD 2,848,175  
WACHUSETT 22,389,331  
WHITMAN HANSON 23,464,624  
WHITTIER 6,819,485  
Total Regional Aid 631,589,683  
Total Municipal and Regional Aid 3,990,812,680 833,980,293

 

Lupus Awareness Month

SECTION 4.   Section 15LLL of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 2, the word "October" and inserting in place thereof the following word:- May.
 

 

Confirm that Merit Rating Board is in MassDOT

SECTION 5.   Clause (20) of subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in section 21 of chapter 256 of the acts 2010, is hereby amended by striking out the figure "183" and inserting in place thereof the following words:- 57A of chapter 6C.
 

 

Confirm that Merit Rating Board is in MassDot

SECTION 7.   Section 181/2 of chapter 6A of the General Laws is hereby amended by striking out, in lines 12 and13, as appearing in the 2008 Official Edition, the words "the registry of motor vehicles, the merit rating board".
 

 

Confirm that Merit Rating Board is in MassDot

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.

 

 

Office of Commonwealth Accountability and Transparency

SECTION 9.   The first paragraph of section 4A of chapter 7 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following sentence:- The executive office shall also include an office of commonwealth performance, accountability and transparency.
 

 

Powers of Information Technology Division

SECTION 10.   Said section 4A of said chapter 7 is hereby further amended by striking out, in line 74, as so appearing, the word "secretary" and inserting in place thereof the following word:- governor.
 

 

Powers of Information Technology Division

SECTION 11.   The first paragraph of subsection (d) of said section 4A of said chapter 7, as so appearing, is hereby further amended by adding the following 2 sentences:- The division may also offer information technology services to municipalities, authorities, constitutional offices and other political subdivisions of the commonwealth. The information technology division shall consult with the division of local services to identify ways to better assist municipalities and regional entities in procuring and developing information technology services.
 

 

Office of Commonwealth Accountability and Transparency

SECTION 12.   Said subsection (d) of said section 4A of said chapter 7 is hereby further amended by inserting after the second paragraph, inserted by section 10 of chapter 56 of the acts of 2010, the following paragraph:-

(e) The office of commonwealth performance, accountability and transparency shall be headed by an assistant secretary of commonwealth performance, accountability and transparency who shall be appointed by the secretary. The assistant secretary shall have at least 5 years experience in the area of performance management systems. The office shall: (1) execute a performance management program throughout the executive department including, within statutory limits for each agency, defining missions; creating measurable goals; establishing strategies for achieving those goals and relating them to budget development; (2) monitor and review federal grant applications made on behalf of the commonwealth and coordinate efforts to maximize federal revenue opportunities and oversight of compliance with federal reporting requirements; (3) ensure transparency of the commonwealth's administration and finance activities, including the operation of the searchable website required by section 14C; (4) establish and maintain a central intake unit for reports of fraud, waste and abuse; (5) establish and maintain an economic forecasting and analysis unit to coordinate all spending and revenue forecasting by state agencies and coordinate with the caseload and economic forecasting office established in section 4R; (6) perform the executive office's duties for privatization contracts under section 54; (7) reduce and simplify paperwork of state agencies and departments by adopting uniform forms or federal forms, if possible, when they are shorter than the corresponding state forms; (8) implement and streamline electronic paperwork options to better facilitate public interaction with state agencies; and (9) collaborate with other state agencies, authorities and other entities to carry out these purposes.
 

 

Office of Commonwealth Accountability and Transparency

SECTION 13.   Section 4D of said chapter 7 is hereby amended by striking out the figure "4", inserted by section 9 of chapter 56 of the acts of 2010, and inserting in place thereof the following figure:- 2.
 

 

CPAT Trust

SECTION 14.   Said chapter 7, is hereby amended by inserting after section 4F the following section:-

Section 4F 1/2. There shall be established and set up a separate account, to be known as the Commonwealth Performance, Accountability and Transparency Trust, in this section called the trust. The secretary of administration and finance shall expend funds in the trust without further appropriation to support the purposes of the office of commonwealth performance, accountability and transparency, established by subsection (e) of section 4A. The comptroller shall annually transfer to the trust, from the indirect costs charged under section 5D of chapter 29, an amount determined by the secretary for these purposes, not exceeding $500,000 plus the one-time costs of any technology as determined by the secretary.
 

 

Caseload Forecasting Office

SECTION 15.   Said chapter 7 of the General Laws is hereby further amended by inserting after section 4Q the following section:-

Section 4R. (a) There shall be within the office of commonwealth performance, accountability and transparency a caseload and economic forecasting office, in this section called the office. The office shall forecast caseloads for state-subsidized childcare, MassHealth, emergency assistance and housing programs, the group insurance commission, direct benefits provided by the department of transitional assistance, and other related economic forecasts, and shall promote accuracy and transparency in all caseload forecasts. For the purposes of this section, "caseload" shall mean the number of persons expected to meet entitlement requirements and require the services of state-subsidized programs.

(b) There shall be an advisory board to advise the office and oversee the preparation and content of caseload forecasts. The board shall consist of 9 members: the assistant secretary for commonwealth performance, accountability and transparency or a designee, who shall serve as chairperson; the director of Medicaid or a designee; 2 designees of the secretary of health and human services to represent the department of transitional assistance and the department of children and families, respectively; the executive director of the group insurance commission or a designee; the undersecretary of housing and community development or a designee; 1 member to be appointed by the governor, who shall be a health economist, econometrician or statistician; 1 member to be appointed by the senate president, with a background in statistics, economics or forecasting; and 1 member to be appointed by the speaker of the house of representatives, who shall have a background in statistics, economics or forecasting. All appointed members shall serve for terms of 3 years. A person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve only for the unexpired term. An appointed member of the board shall be eligible for reappointment. Five members of the board shall constitute a quorum and the affirmative vote of 5 members of the board shall be necessary and sufficient for any action taken by the board. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and duties of the office. Members shall serve without pay, but shall be reimbursed for actual expenses necessarily incurred in the performance of their duties.

(c) The office shall collect data from state agencies to the extent necessary to forecast caseloads for the state-subsidized services detailed in subsection (a) and agencies shall submit the data to the office upon request. When collecting data, the office shall, to the extent possible, utilize existing data sources and agency processes for data collection, analysis and technical assistance. The office may enter into an interagency service agreement with the division of health care finance and policy for data collection analysis and technical assistance. The office, through its rules and regulations, may determine what type of data may reasonably be required and the format in which it shall be provided.

(d) The office shall, in consultation with the board, (i) prepare a caseload forecast for the state-subsidized services detailed in subsection (a) for the current and upcoming state fiscal year; and (ii) prepare other caseload forecasts based on alternative assumptions as the board may determine or as may be requested by the executive office for administration and finance or the senate and house committees on ways and means.

(e) The office shall report its forecasts to the executive office for administration and finance and the house and senate committees on ways and means on or before December 1 and March 15 each year unless otherwise provided in the general appropriation act.
 

 

Powers of the Information Technology Division

SECTION 16.   The definition of "Privatization contract" in section 53 of said chapter 7 as amended by section 7 of chapter 27 of the acts of 2009, is hereby further amended by inserting, after the second sentence, the following sentence:- A contract for information technology services shall not be considered a privatization contract if an employee organization recognized under chapter 150E, as the exclusive representative of an affected employee, as determined by the secretary of administration and finance, agrees to the terms of the contract in writing.
 

 

Disadvantaged Business Program Trust Account

SECTION 17.   Section 58 of said chapter 7, inserted by section 2 of chapter 56 of the acts of 2010, the first time it appears, is hereby amended by inserting after the definition of "Director" the following definition:-

"Disadvantaged business enterprise", a disadvantaged business enterprise as defined by the United States Department of Transportation in 49 C.F.R. 26 et seq.
 

 

Disadvantaged Business Program Trust Account

SECTION 18.   Said section 58 of said chapter 7, as so inserted, is hereby further amended by inserting after the definition of "State purchasing agent" the following definition:-

"Unified certification program", the program, whereby the supplier diversity office certifies disadvantaged business enterprises, as required by regulations of the United States Department of Transportation in 49 C.F.R. 26 et seq.
 

Veto Explanation:
I am vetoing this section because

 

Disadvantaged Business Program Trust Account

SECTION 19.   Said chapter 7 is hereby further amended by inserting after section 59, the following section:-

Section 60. (a) There shall be established a separate account to be known as the Unified Certification Program Trust Fund, in this section called the fund. The state purchasing agent shall expend funds, without further appropriation, exclusively for the operation of the unified certification program.

(b) Funds received from the federal government by the following state and regional authorities and municipal and regional airports, in this section collectively referred to as the participants, and any others that take part in the unified certification program, for the purpose of operating the unified certification program, shall be deposited in the fund: the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Berkshire Regional Transit Authority, the Brockton Area Transit Authority, the Cape Cod Regional Transit Authority, the Greater Attleboro-Taunton Regional Transit Authority, the Lowell Regional Transit Authority, the Merrimack Valley Regional Transit Authority, the Montachusett Regional Transit Authority, the Pioneer Valley Regional Transit Authority, the Southeastern Regional Transit Authority, the Worcester Regional Transit Authority, Barnstable Municipal Airport, Martha's Vineyard Airport, Nantucket Memorial Airport and New Bedford Regional Airport. The methodology used in determining the allocation of payments due from each participant shall be determined pursuant to a formula, subject to modification from time to time, that is established by and between the Massachusetts Department of Transportation, the participants and the United States Department of Transportation, consistent with applicable federal laws and regulations.
 

 

Single State Parks Agency

SECTION 20.   Section 9 of chapter 8 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 16, the words "the division of urban" and inserting in place thereof the following word:- state.
 

 

Health Information Technology and Build America Bonds Trust Funds

SECTION 21.   Chapter 10 of the General Laws is hereby amended by inserting after section 35QQ the following 2 sections:-

Section 35RR. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Health Information Technology Trust Fund, in this section called the fund. There shall be credited to the fund revenues from federal reimbursements under the Health Information Technology for Economic and Clinical Health Act, Title XIII of Division A and Title IV of Division B of Pub. L. No. 111-5, and any other federal reimbursements, grants, premiums, gifts or other contributions from any source received for or in support of the health care provider incentive payment program and for the promotion of electronic health record adoption and health information exchange in the commonwealth. The secretary of health and human services shall be the fund's trustee and shall expend the fund, without further appropriation, for incentive payments to eligible Massachusetts Medicaid health care providers for the adoption, implementation, upgrade or meaningful use of certified electronic health record technology and to support the planning, implementation and operating costs of administering these payments. The secretary may certify for payment amounts in anticipation of federal revenues collected for the corresponding quarter during the previous fiscal year. For the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the secretary may incur expenses, after written approval from the secretary of administration and finance, and the comptroller shall certify for payment, amounts not to exceed the most recent revenue estimate as certified by the MassHealth director, as reported in the state accounting system.

Section 35SS. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Build America Bonds Subsidy Trust Fund, in this section called the fund. There shall be credited to the fund payments received from the United States Treasury for subsidies related to any tax credit bonds issued by the commonwealth for the purpose of paying or reimbursing interest on such bonds. The state treasurer shall be the fund's trustee, may credit any such payments to the appropriate funds or accounts of the commonwealth allocable to the payment of such interest and in accordance with any applicable trust agreements pursuant to which any bonds were issued and shall make expenditures from the fund, without further appropriation, to pay debt service related to such bonds. The comptroller may, without further appropriation, transfer from any available appropriation any amount determined by the comptroller to have been withheld by the federal government from a tax credit bond subsidy payment.
 

 

Frequency of Audits

SECTION 22.   The first paragraph of section 12 of chapter 11 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:- The department of the state auditor shall audit the accounts, programs, activities and functions directly related to the aforementioned accounts of all departments, offices, commissions, institutions and activities of the commonwealth, including those of districts and authorities created by the general court and including those of the income tax division of the department of revenue and, for such purposes, the authorized officers and employees of the department of the state auditor shall have access to such accounts at reasonable times and the department may require the production of books, documents, vouchers and other records relating to any matter within the scope of an audit conducted under this section or section 13, except tax returns. In determining the audit frequency of a covered entity, the department shall consider the materiality, risk and complexity of the entity's activities as well as the nature and extent of prior audit findings. Each entity may be audited separately as a part of a larger organizational entity or as a part of an audit covering multiple entities; provided, however, that each entity shall be audited at least once every 3 years and an entity shall be subject to audit as often as the state auditor determines it necessary.
 

 

DOR Policy Advance Publication

SECTION 23.   Section 6 of chapter 14 of the General Laws, as so appearing, is hereby amended by adding the following clause:-

9. Shall publish on the department website, and shall update no less than quarterly, a listing of tax policy issues under development. The listing shall include a brief description of all tax policy matters, excluding letter rulings requested by individual taxpayers, on which, as of the date of publication, the commissioner reasonably anticipates issuing public guidance within the subsequent 12 months.
 

 

Higher Education Endowment Match Program

SECTION 24.   Section 15E of chapter 15A of the General Laws is hereby amended by striking out the second paragraph, as amended by section 26 of chapter 189 of the acts of 2010 and inserting in place thereof the following paragraph:-

Subject to appropriation, the commonwealth shall contribute funds to each institution's recognized foundation in an amount necessary to match private contributions in the current fiscal year to the institution's or a foundation's endowment or capital outlay program based on the following matching formula: subject to appropriation, the commonwealth's contribution shall be equal to $1 for every $2 privately contributed to the university's board of trustees or a foundation; $1 for every $2, or $1 dollar for such greater number of dollars as may be established by the board of higher education, privately contributed to each state university's board of trustees or foundation; and $1 for every $2, or $1 for such greater number of dollars as may be established by the board of higher education, privately contributed to each community college's board of trustees or foundation.
 

 

Higher Education Endowment Match Program

SECTION 25.   Said section 15E of said chapter 15A, as amended by said section 27 of said chapter 189, is hereby further amended by striking out the fourth paragraph as amended by section 27 of said chapter 189.
 

 

Optional Retirement Plans

SECTION 26.   Section 40 of said chapter 15A, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word "writing", in lines 82, 93 and 104, each time it appears, the following words:- , or in another form acceptable to the council,.
 

 

Prohibition on Certain Uses of EBT Cards and Missapplying DTA Funds

SECTION 27.   Chapter 18 of the General Laws is hereby amended by inserting after section 5H the following 3 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 for the purchase of alcoholic beverages, lottery tickets or tobacco products. An eligible recipient of direct cash assistance who makes a purchase in violation of this section shall reimburse the department for such purchase.

Section 5J. Notwithstanding any general or special law to the contrary, an individual or store owner shall not accept direct cash assistance funds held on electronic benefit transfer cards for the purchase of alcoholic beverages, lottery tickets, or tobacco products. An individual or store owner who knowingly accepts electronic benefit transfer cards in violation of this section shall be punished by a fine of not more than $500 for the first offense, a fine of not less than $500 nor more than $1,000 for the second offense, and a fine of not less than $1,000 for the third or subsequent offense.

Section 5K. Notwithstanding any general or special law to the contrary, whoever embezzles, 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, 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 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.
 

 

Office of Child Advocate Access to Records

SECTION 28.   Section 6 of chapter 18C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 4, the words "to all relevant" and inserting in place thereof the following words:- shall have unrestricted access to all electronic information systems.
 

 

Single State Parks Agency

SECTION 29.   Section 1 of chapter 21 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The department of conservation and recreation shall consist of a division of state parks and recreation and a division of water supply protection. Each division shall be under the administrative supervision of a director and shall be under the supervision and control of the commissioner of the department of conservation and recreation. The division of water supply protection shall have control over the watershed and water supply systems in accordance with chapter 92A1/2. The division of state parks and recreation shall have control over the state parks, forests, parkways, waterways, rinks, pools, beaches and other recreational lands and facilities outside of the watershed systems as defined in sections 1 and 2 of chapter 92A1/2.
 

 

Single State Parks Agency

SECTION 30.   Section 2F of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "directors of the divisions of state parks and recreation and urban " and inserting in place thereof the following words:- director of state.
 

 

Single State Parks Agency

SECTION 31.   Section 3 of said chapter 21, as so appearing, is hereby amended by striking out, in line 8, the words "urban parks and recreation,".
 

 

Single State Parks Agency

SECTION 32.   Section 8 of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out, in lines 43 and 44, the words "urban parks and recreation, a division".
 

 

Reimbursement for Communities Affected by RGGI

SECTION 33.   Paragraph (1) of subsection (c) of section 22 of chapter 21A of the General Laws, as so appearing, is hereby amended by striking out clause (i) and inserting in place thereof the following clause:-

(i) to reimburse a municipality in which the property tax receipts from an electric generating station including, for the purposes of this clause, payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to full or partial decommissioning of the facility or other change in operating status of the facility if such action also reduces the commonwealth's greenhouse gas emissions from the electric generator sector under the goals established under chapter 21N; provided, however that the amount of such reimbursement shall be determined by calculating the difference between the amount of the tax receipts, including payments in lieu of taxes or other compensation paid by the electric generating station in the current tax year and the amount of the tax receipts, including payments in lieu of taxes or other compensation paid by the electric generating station in the year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that no reimbursement shall be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the facility. After full or partial decommissioning or other change in operating status of the facility, the electric generating station's tax obligation shall be based, on an annual basis, on tax receipts, including payments in lieu of taxes or other compensation that have been negotiated in good faith by the electric generating station and municipality on or before January 30 of the current tax year; provided however, that if the electric generating station and municipality have not negotiated in good faith payments in lieu of taxes and other compensation in the nature of property tax payments by said January 30, then the facility's tax obligation shall be determined by an independent third party assessor paid by said facility, but selected jointly by the municipality and the facility, or if they are unable to arrive at a joint selection, by the department of revenue. The municipality shall be entitled to reimbursement for the difference between the amount called for in such assessment and the amount of the tax receipts, including payments in lieu of taxes or other compensation paid in the year prior to the full or partial decommissioning or other change in operating status of the facility, provided that such independent assessment is filed with any request for funds under this clause. Payments from the fund shall be prioritized so that the first payments from the fund shall be made to municipalities under this clause.
 

 

Improve Department of Environmental Protection Efficiencies

SECTION 34.   Subsection (o) of section 3A of chapter 21E of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- In each year the department shall, at a minimum, audit a statistically significant number, as determined by the department, of all sites for which annual compliance assurance fees are required to be paid under section 3B. In determining the statistically significant number, the department shall take into account the need for audits to ensure a high level of compliance with this chapter and the Massachusetts Contingency Plan and the need to target audit resources in the most efficient and effective manner.
 

 

Civil Fines by Department of Public Safety

SECTION 35.   Chapter 22 of the General Laws is hereby amended by adding the following section:-

Section 21. (a) The commissioner or his designee and such other person as may be specifically authorized may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $5,000, for a violation of the following laws or of regulations adopted thereunder:

(1) section 13A; provided, however, that an inspector assigned to the building division or a designee of the architectural access board may also issue a warning or citation under this section;

(2) sections 1, 2 and 64 of chapter 105;

(3) section 205A of chapter 140; provided, however, that an inspector assigned to the building division or the engineering division of the department may also issue a warning or citation under this section;

(4) sections 3V, 9 and 50 of chapter 143; provided, however, that an inspector assigned to the building division of the department may also issue a warning or citation under these sections;

(5) sections 65, 71 and 71D of chapter 143; provided, however, that an inspector assigned to the elevator division of the department may also issue a warning or citation under this section;

(6) sections 71K and 71N of chapter 143; provided, however, that a designee of the recreational tramway board may also issue a warning or citation under these sections;

(7) sections 5 to 41, inclusive, sections 53 to 54A, inclusive, sections 70 to 80, inclusive, or section 89 of chapter 146; provided, however, that an inspector assigned to the engineering division of the department may also issue a warning or citation under these sections;

(8) the regulations of the state building code governing licensing of construction supervisors under section 94 of chapter 143; provided, however, that an inspector assigned to the building division of the department may also issue a warning or citation under such regulations; and

(9) sections 57 and 60 of chapter 147.

(b) The commissioner may adopt regulations for the administration and enforcement of this section.

(c) The individual issuing the written notice of violation shall indicate on the notice that it is for: (i) a written warning or a citation; and (ii) a violation of the specific law or regulation referenced in subsection (a).

(d) A person, firm or corporation who is issued a citation in a written notice of violation may appeal to a hearing officer designated by the secretary of public safety and security within 30 days after receipt of the notice. All appeal hearings shall be held in accordance with the standard rules governing informal adjudicatory proceedings adopted under section 9 of chapter 30A.

(e) A person, firm or corporation who is issued a citation in a written notice of a violation and who fails to: (i) pay the fines assessed within 30 days after receipt of the notice; (ii) appeal within the 30 days; or (iii) appear at a scheduled appeal hearing, shall be deemed responsible for the violation as stated in the notice. The finding of responsibility shall be admissible as prima facie evidence of responsibility for the violation in any civil proceeding regarding the violation, in any proceeding to suspend or revoke a license, permit or certificate and in any criminal proceeding.
 

 

Life Sciences Tax Credit

SECTION 36.   Section 5 of chapter 23I of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after subsection (c) the following subsection:-

(d) There shall be established a life sciences tax incentive program. The center, in consultation with the department, may annually authorize incentives, including incentives carried forward or refunded pursuant to subsections (m), (n) and (r) of section 6 of chapter 62, paragraph 17 of section 30 of chapter 63, the second time it appears, section 31M of said chapter 63, the second time it appears, paragraph 6 of subsection (f) of section 38 of said chapter 63, subsection (j) of section 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section 38W of said chapter 63, section 38CC of said chapter 63, the second paragraph of subsection (c) of section 42B of said chapter 63 and subsection (xx) of section 6 of chapter 64H in a cumulative amount, including the current year cost of incentives allowed in previous years, that shall not exceed $25,000,000 annually. The center may, in consultation with the department, limit any incentive to a specific dollar amount or time duration or in any other manner deemed appropriate by the department; provided, however, that the department shall only allocate any such incentives among commonwealth certified life sciences companies pursuant to subsection (b) and shall award such tax incentives pursuant to subsection (c).

The center shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to a certified life sciences company unless expressly granted by the secretary of administration and finance in writing.
 

 

One-time Settlements to Stabilization Fund

SECTION 37.   Section 2H of chapter 29, as so appearing, is hereby amended by adding the following paragraph:-

Upon receiving a written joint certification from the commissioner of revenue and the attorney general that a state agency is in receipt of a one-time settlement or judgment for the commonwealth, of which the net value to the commonwealth of the proceeds of that settlement or judgment, after all restitution or other remedial payments are made pursuant to the settlement or judgment, exceeds $10,000,000 in any one fiscal year, the comptroller shall transfer said proceeds from the General Fund to the Stabilization Fund established under this section.
 

 

Workforce Training Trust Fund

SECTION 38.   Section 2RR of said chapter 29 of the General Laws is hereby amended by inserting after the word "Training", in line 3, as so appearing, the following word:- Trust.
 

 

Workforce Training Trust Fund

SECTION 39.   Subsection (b) of said section 2RR of said chapter 29, as most recently amended by section 96 of chapter 3 of the acts of 2011, is hereby further amended by striking out the introductory sentence and inserting in place thereof the following introductory sentence:- The director of the department of career services shall be the trustee of the fund and, without further appropriation, shall make expenditures from the fund for the following purposes:.
 

 

Abandoned Property Transfer to Stabilization Fund

SECTION 40.   Said chapter 29 is hereby further amended by inserting after section 5G the following section:-

Section 5H. Notwithstanding any general or special law to the contrary, the department of the state treasurer shall report by September 30 to the state comptroller, the executive office for administration and finance and the house and senate committees on ways and means the value of all property assumed abandoned, as defined by chapter 200A, in the previous fiscal year; provided, however, that beginning October 31 and quarterly thereafter the department of the state treasurer shall, within 15 days, certify to the state comptroller the amount collected in abandoned property revenues for the previous quarter. The department of the state treasurer shall certify by October 31, the amount of actual receipts of abandoned property for the previous fiscal year, and beginning in fiscal year 2013, the comptroller shall transfer 75 per cent of the growth in abandoned property revenue that exceeds the amount collected during the previous fiscal year to the Commonwealth Stabilization Fund established by section 2H; provided, however, that said transfer shall be made prior to the certification of the consolidated net surplus for the previous fiscal year as provided in section 5C.
 

 

Accountability and Transparency for State Authorities

SECTION 41.   Said chapter 29 is hereby further amended by inserting after section 29J the following section:-

Section 29K. (a) Each state authority that receives a total amount of appropriations from the commonwealth equal to or in excess of $500,000 in any fiscal year shall, on an annual basis, conduct an audit of those funds. Each such audit shall be conducted by an independent auditor and shall be filed with the state auditor for examination, review and comment.

(b) Each state authority shall:

(1) establish an audit committee that shall meet independently of management at least once per calendar year, retain an independent auditor and hear the results of the annual audit; provided, however, that a state authority may rely upon an audit required by any other general or special law in meeting the requirements of this section;

(2) establish a compensation committee that shall: (i) meet independently of management at least once per calendar year and shall evaluate and establish executive compensation including, but not limited to, base salary, bonuses, severance, retirement or deferred compensation packages and policies relative to the accrual and payment of sick and vacation time, including payouts for unused sick and vacation time; and (ii) analyze and assess comparable compensation for positions with similar functions and responsibilities at state agencies and authorities, as well as for-profit and nonprofit private-sector employers; and

(3) prepare an annual financial report which shall disclose operating revenues and expenses, including the salaries and compensation of its executive director, officers, board members and senior management, and other highly-compensated employees.

(c) No executive of a state authority shall be compensated for sick, vacation or other leave time to an extent greater than the leave time granted to a state employee.

(d) No executive of a state authority shall be granted severance pay after removal for cause and no executive shall be granted severance pay in excess of 3 months' salary if removed other than for cause.

(e) The commonwealth shall not subsidize the health insurance, pension and other post-employment benefits of state authority employees and retirees. Each state authority and independent entity shall be charged the full actuarial value of its liabilities by the public employee retirement administration commission and the group insurance commission.

(f) The secretary of administration and finance shall adopt regulations to carry out this section. Audits and financial reports shall be based on generally accepted accounting principles or generally accepted government auditing standards and shall be considered a public record under clause Twenty-sixth of section 7 of chapter 4.

(g) Nothing in this section shall be construed to limit the authority of the attorney general, inspector general, state auditor or other state agency.
 

 

Health Information Technology and Build America Bonds Trust Funds

SECTION 42.   Section 49 of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-

If bonds are issued subject to a requirement under federal tax law that the proceeds from any investment of the proceeds from the sale of the bonds shall be used for capital expenditures including, without limitation, section 54AA(g)(2) of the Internal Revenue Code of 1986, as amended, the state treasurer may, without further appropriation or allotment, apply investment earnings allocable to the proceeds of such bonds to the payment or reimbursement of capital expenditures for which bonds have been authorized but not yet issued, and the amount of bonds authorized to be issued for any such expenditures shall be reduced by the amount of investment earnings so applied.
 

 

Ethics Commission Classification Exemption

SECTION 43.   Section 45 of chapter 30 of the General Laws, as so appearing, is hereby amended by inserting after the word "branches", in line 8, the following words:- , in the state ethics commission.
 

 

Optional Retirement Plans

SECTION 44.   The third paragraph of the definition of "Regular compensation" in section 1 of chapter 32 of the General Laws, inserted by section 23 of chapter 131 of the acts of 2010, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Faculty, librarians and administrators in public higher education who are eligible for the state employees' retirement system shall not be prohibited from participating in the optional retirement program pursuant to section 40 of chapter 15A.
 

 

Pension Funding Schedule

SECTION 45.   Section 22C of said chapter 32 of the General Laws is hereby amended by striking out, in line 29, as so appearing, the words "on June 30, 2025" and inserting in place thereof the following words:- by June 30, 2040.
 

 

Pension Funding Schedule

SECTION 46.   Subdivision (1) of said section 22C of said chapter 32 is hereby amended by striking out the last paragraph, as appearing in section 23 of chapter 27 of the acts of 2009, and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, appropriations or transfers made to the Commonwealth's Pension Liability Fund in fiscal years 2012 to 2017, inclusive, shall be made in accordance with the following funding schedule: $1,478,000,000 in fiscal year 2012, $1,552,000,000 in fiscal year 2013, $1,630,000,000 in fiscal year 2014, $1,727,000,000 in fiscal year 2015, $1,831,000,000 in fiscal year 2016 and $1,941,000,000 in fiscal year 2017. Notwithstanding any provision of this subdivision to the contrary, any adjustments to these amounts based on the next triennial funding schedule shall be limited to increases in the schedule amounts for each of the specified years.
 

 

Enhance Group Insurance Commission's Alternative Coverage Program

SECTION 47.   Section 19 of said chapter 32A, as so appearing, is hereby amended by inserting after the word "Effective", in line 1, the following words:- January 1 and.
 

 

Enhance Group Insurance Commission's Alternative Coverage Program

SECTION 48.   Said section 19 of said chapter 32A, as so appearing, is hereby further amended by inserting after the word "rate", in line 10, the following words:- in effect.
 

 

State Retiree Benefits Trust Fund amendments

SECTION 49.   Section 24 of said chapter 32A is hereby amended by inserting after the word "system", in line 16, as so appearing, the following words:- and for depositing, investing and disbursing amounts transferred to it under subsection (d).
 

 

State Retiree Benefits Trust Fund amendments

SECTION 50.   Said section 24 of said chapter 32A is hereby further amended by striking out subsection (d), as so appearing, and inserting in place thereof the following subsection:-

(d) Upon authorization by the board, any political subdivision, municipality, county or agency or authority of the commonwealth may participate in the fund using procedures and criteria to be adopted by the board.
 

 

Municipal Health Reform

SECTION 51.   Chapter 32B of the General Laws is hereby amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-

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

"Appropriate public authority", as to a county, except Worcester county, the county commissioners; as to a city, the mayor; as to a town, the selectmen; as to a district, the governing board of the district and for the purposes of this chapter if a collective bargaining agreement is in place, as to a commonwealth charter school as defined by section 89 of chapter 71, the board of trustees; and as to an education collaborative, as defined by section 4E of chapter 40, the board of directors.

"Commission", the group insurance commission established by section 3 of chapter 32A.

"Dependent", an employee's spouse, an employee's unmarried children under 19 years of age and any child 19 years of age or over who is mentally or physically incapable of earning the child's own living; provided, however, that any additional premium which may be required shall be paid for the coverage of such child 19 years of age or over; provided further, that "dependent" shall also include an unmarried child 19 years of age or over who is a full-time student in an educational or vocational institution and whose program of education has not been substantially interrupted by full-time gainful employment, excluding service in the armed forces; provided further, that any additional premium which may be required for the coverage of such student shall be paid in full by the employee. The standards for such full-time instruction and the time required to complete such a program of education shall be determined by the appropriate public authority.

"District", any water, sewer, light, fire, veterans' services or other improvement district or public unit created within 1 or more political subdivisions of the commonwealth to provide public services or conveniences.

"Employee", any person in the service of a governmental unit or whose services are divided between 2 or more governmental units or between a governmental unit and the commonwealth, and who receives compensation for any such service, whether such person is employed, appointed or elected by popular vote, and any employee of a free public library maintained in a city or town to the support of which that city or town annually contributes not less than one-half of the cost; provided, however, that the duties of such person require not less than 20 hours, regularly, in the service of the governmental unit during the regular work week of permanent or temporary employment; provided further, that no seasonal employee or emergency employees shall be included, except that persons elected by popular vote may be considered eligible employees during the entire term for which they are elected regardless of the number of hours devoted to the service of the governmental unit. A member of a call fire department or other volunteer emergency service agency serving a municipality shall be considered an employee, if approved by vote of the municipal legislative body, and the municipality shall charge such individual 100 per cent of the premium. If an employee's services are divided between governmental units, the employee shall, for the purposes of this chapter, be considered an employee of the governmental unit which pays more than 50 per cent of the employee's salary. But, if no one governmental units pays more than 50 per cent of that employee's salary, the governmental unit paying the largest share of the salary shall consider the employee as its own for membership purposes, and that governmental unit shall contribute 50 per cent of the cost of the premium. If the payment of an employee's salary is equally divided between governmental units, the governmental unit having the largest population shall contribute 50 per cent of the cost of the premium. If an employee's salary is divided in any manner between a governmental unit and the commonwealth, the governmental unit shall contribute 50 per cent of the cost of the premium. An employee eligible for coverage under this chapter shall not be eligible for coverage as an employee under chapter 32A. Teachers and all other public school employees shall be deemed to be employees during the months of July and August under this chapter; provided, however, that employee contributions for such health insurance for those 2 months are deducted from the compensation paid for services rendered during the previous school year. A determination by the appropriate public authority that a person is eligible for participation in the plan of insurance shall be final. Nothing in this paragraph shall apply to Worcester county or its employees.

"Employer", the governmental unit.

"Governmental unit", any political subdivision of the commonwealth.

"Health care flexible spending account", a federally-recognized tax-exempt health benefit program that allows an employee to set aside a portion of earnings to pay for qualified expenses as established in an employer's benefit plan.

"Health care organization", an organization for the group practice of medicine, with or without hospital or other medical institutional affiliations, which furnishes to the patient a specified or unlimited range of medical, surgical, dental, hospital and other types of health care services.

"Health reimbursement arrangement", a federally-recognized tax-exempt health benefit program funded solely by an employer to reimburse subscribers for qualified medical expenses.

"Optional Medicare extension", a program of hospital, surgical, medical, dental and other health insurance for such active employees and their dependents and such retired employees and their dependents, except elderly governmental retirees insured under section 11B, as are eligible or insured under the federal health insurance for the aged act, as may be amended from time to time.

"Political subdivision", any county, except Worcester county, city, town or district.

"Savings", for the purposes of sections 21, 22 and 23, shall mean the difference between a political subdivision's projected premium costs for health insurance with changes made to health insurance benefits under section 22 or 23 for the first 12 months after the implementation of such changes and a political subdivision's projected premium costs for health insurance benefits provided by that subdivision without such changes for the same 12 month period.

"Subscribers", employees, retirees, surviving spouses and dependents of the political subdivision and may include employees, retirees, surviving spouses and dependents of a district who previously received health insurance benefits through the political subdivision.
 

 

Municipal Health Insurance Initiative

SECTION 52.   Section 12 of said chapter 32B is hereby amended by inserting, at the end thereof, the following paragraph:-

The board of a trust or joint purchase group established by 2 or more governmental units may vote to implement changes to co-payments, deductibles, tiered provider network copayments and other plan design features which do not exceed those which an appropriate public authority may offer under section 22; provided, however, that each governmental unit that is a member of a trust or group shall comply with the requirements set forth in section 21 before any such changes may be applied to the health insurance coverage of such governmental unit's subscribers. If such changes to the dollar amounts for copayments, deductibles, tiered provider network copayments and other plan design features do not exceed those permitted under section 22, such changes shall be approved in accordance with the provisions of section 21.
 

 

Municipal Health Reform

SECTION 53.   Section 18 of said chapter 32B of the General Laws is hereby repealed.
 

 

Municipal Health Reform

SECTION 54.   Said chapter 32B is hereby further amended by striking out section 18A, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 18A. (a) A retiree, spouse or dependent insured or eligible to be insured under this chapter, if enrolled in Medicare Part A at no cost to the retiree, spouse or dependent or eligible for coverage under Medicare Part A at no cost to the retiree, spouse or dependent, shall be required to transfer to a Medicare health plan offered by the governmental unit under section 11C or section 16, if the benefits under the plan and Medicare Part A and Part B together shall be of comparable actuarial value to those under the retiree's existing coverage, but a retiree or spouse who has a dependent who is not enrolled or eligible to be enrolled in Medicare Part A at no cost shall not be required to transfer to a Medicare health plan if a transfer requires the retiree or spouse to continue the existing family coverage for the dependent in a plan other than a Medicare health plan offered by the governmental unit.

(b) Each retiree shall provide the governmental unit, in such form as the governmental unit shall prescribe, such information as is necessary to transfer to a Medicare health plan. If a retiree does not submit the information required, the retiree shall no longer be eligible for the retiree's existing health coverage. The governmental unit may, from time to time, request from a retiree, a retiree's spouse or a retiree's dependent, proof certified by the federal government, of eligibility or ineligibility for Medicare Part A and Part B coverage.

(c) The governmental unit shall pay any Medicare Part B premium penalty assessed by the federal government on the retiree, spouse or dependent as a result of enrollment in Medicare Part B at the time of transfer.
 

 

Municipal Health Reform

SECTION 55.   The fifth paragraph of subsection (a) of section 19 of said chapter 32B, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following 2 sentences:- Either the public employee committee or the appropriate public authority may convene the initial meeting of the committee at any time upon 7 days notice. Either the public employee committee or the appropriate public authority may convene any subsequent meeting with notice of not less than 3 business days.
 

 

Municipal Health Reform

SECTION 56.   Said section 19 of said chapter 32B, as so appearing, is hereby amended by striking out, in line 58, the words "70 per cent" and inserting in place thereof the following words:- a majority.
 

 

OPEB Funds

SECTION 57.   Said chapter 32B is hereby further amended by striking out section 20, as so appearing, and inserting in place thereof the following section:-

Section 20. (a) A city, town, district, county or municipal lighting plant that accepts this section may establish an Other Post-Employment Benefits Liability Trust Fund, and may appropriate amounts to be credited to the fund. Any interest or other income generated by the fund shall be added to and become part of the fund. Amounts that a governmental unit receives as a sponsor of a qualified retiree prescription drug plan under 42 U.S.C. section 1395w-132 may be added to and become part of the fund. All monies held in the fund shall be segregated from other funds and shall not be subject to the claims of any general creditor of the city, town, district, county or municipal lighting plant.

(b) The custodian of the fund shall be (i) a designee appointed by the board of a municipal lighting plant; (ii) the treasurer of any other governmental unit; or (iii) if designated by the city, town, district, county or municipal lighting plant in the same manner as acceptance prescribed in this section, the Health Care Security Trust board of trustees established in section 4 of chapter 29D, provided that the board of trustees accepts the designation. The custodian may employ an outside custodial service to hold the monies in the fund. Monies in the fund shall be invested and reinvested by the custodian consistent with the prudent investor rule established in chapter 203C and may, with the approval of the Health Care Security Trust board of trustees, be invested in the State Retiree Benefits Trust Fund established in section 24 of chapter 32A.

(c) This section may be accepted in a city having a Plan D or Plan E charter, by vote of the city council; in any other city, by vote of the city council and approval of the mayor; in a town, by vote of the town at a town meeting; in a district, by vote of the governing board; in a municipal lighting plant, by vote of the board; and in a county, by vote of the county commissioners.

(d) Every city, town, district, county and municipal lighting plant shall annually submit to the public employee retirement administration commission, on or before December 31, a summary of its other post-employment benefits cost and obligations and all related information required under Government Accounting Standards Board standard 45, in this subsection called "GASB 45", covering the last fiscal or calendar year for which this information is available. On or before June 30 of the following year, the public employee retirement administration commission shall notify any entity submitting this summary of any concerns that the commission may have or any areas in which the summary does not conform to the requirements of GASB 45 or other standards that the commission may establish. The public employee retirement administration commission shall file a summary report of the information received under this subsection with the chairs of the house and senate committees on ways and means, the secretary of administration and finance and the board of trustees of the Health Care Security Trust.
 

 

Municipal Health Reform

SECTION 58.   Said chapter 32B is hereby further amended by adding the following 9 sections:-

Section 21. (a) Any political subdivision electing to change health insurance benefits under sections 22 or 23 shall do so in the following manner: in a county, except Worcester county, by a vote of the county commissioners; in a city having Plan D or a Plan E charter, by majority vote of the city council and approval by the manager; in any other city, by majority vote of the city council and approval by the mayor; in a town, by vote of the board of selectmen; in a regional school district, by vote of the regional district school committee; and in all other districts, by vote of the registered voters of the district at a district meeting. This section shall be binding on any political subdivision that implements changes to health insurance benefits pursuant to section 22 or 23.

(b) Prior to implementing any changes authorized under sections 22 or 23, the appropriate public authority shall evaluate its health insurance coverage and determine the savings that may be realized after the first 12 months of implementation of plan design changes or upon transfer of its subscribers to the commission. The appropriate public authority shall then notify its insurance advisory committee, or such committee's regional or district equivalent, of the estimated savings and provide any reports or other documentation with respect to the determination of estimated savings as requested by the insurance advisory committee. After discussion with the insurance advisory committee as to the estimated savings, the appropriate public authority shall give notice to each of its collective bargaining units to which the authority provides health insurance benefits and a retiree representative, hereafter called the public employee committee, of its intention to enter into negotiations to implement changes to health insurance benefits provided by the appropriate public authority. The retiree representative shall be designated by the Retired State, County and Municipal Employees Association. A political subdivision which has previously established a public employee committee under section 19 may implement changes to its health insurance benefits pursuant to this section and sections 22 and 23.

Notice to the collective bargaining units and retirees shall be provided in the same manner as prescribed in section 19. The notice shall detail the proposed changes, the appropriate public authority's analysis and estimate of its anticipated savings from such changes and a proposal to mitigate, moderate or cap the impact of these changes for subscribers, including retirees, low-income subscribers and subscribers with high out-of-pocket health care costs, who would otherwise be disproportionately affected.

(c) The appropriate public authority and the public employee committee shall have not more than 30 days from the point at which the public employee committee receives the notice as provided in subsection (b) to negotiate all aspects of the proposal. An agreement with the appropriate public authority shall be approved by a majority vote of the public employee committee; provided, however, that the retiree representative shall have a 10 per cent vote. If after 30 days the appropriate public authority and public employee committee are unable to enter into a written agreement to implement changes under section 22 or 23, the matter shall be submitted to a municipal health insurance review panel. The panel shall be comprised of 3 members, 1 of whom shall be appointed by the public employee committee, 1 of whom shall be appointed by the public authority and 1 of whom shall be selected through the secretary of administration and finance who shall forward to the appropriate public authority and the public employee committee a list of 3 impartial potential members, each of whom shall have professional experience in dispute mediation and municipal finance or municipal health benefits, from which the appropriate public authority and the public employee committee may jointly select the third member; provided, however, that if the appropriate public authority and the public employee committee cannot agree within 3 business days upon which person to select as the third member of the panel, the secretary of administration and finance shall select the final member of the panel. Any fee or compensation provided to a member for service on the panel shall be shared equally between the public employee committee and the appropriate public authority.

(d) The municipal health insurance review panel shall approve the appropriate public authority's immediate implementation of the proposed changes under section 22 or section 23; provided, however, that any increases to plan design features have been made in accordance with the provisions of section 22. If the panel does not approve implementation of changes made pursuant to section 22, the public authority may submit a new proposal to the public employee committee for consideration and confirmation under this section.

(e) Within 10 days of receiving any proposed changes under sections 22 or 23, the municipal health insurance review panel shall: (i) confirm the appropriate public authority's estimated monetary savings due to the proposed changes under section 22 or 23 and ensure that the savings is substantiated by documentation provided by the appropriate public authority; provided, however, that if the panel determines the savings estimate to be unsubstantiated, the panel may require the public authority to submit a new estimate or provide additional information to substantiate the estimate; (ii) review the proposal submitted by the appropriate public authority to mitigate, moderate or cap the impact of these changes for subscribers, including retirees, low-income subscribers and subscribers with high out-of-pocket health care costs, who would otherwise be disproportionately affected; and (iii) concur with the appropriate public authority that the proposal is sufficient to mitigate, moderate or cap the impact of these changes for subscribers, including retirees, low-income subscribers and subscribers with high out-of-pocket health care costs, who would otherwise be disproportionately affected or revise the proposal pursuant to subsection (f).

(f) The municipal health insurance review panel may determine the proposal to be insufficient and may require additional savings to be shared with subscribers, particularly those who would be disproportionately affected by changes made pursuant to sections 22 or 23, including retirees, low-income subscribers and subscribers with high out-of-pocket costs. In evaluating the distribution of savings to retirees, the panel may consider any discrepancy between the percentage contributed by retirees, surviving spouses and their dependents to plans offered by the public authority as compared to other subscribers. In reaching a decision on the proposal under this subsection, the municipal health insurance review panel may consider an alternative proposal, with supporting documentation, from the public employee committee to mitigate, moderate or cap the impact of these changes for subscribers. The panel may require the appropriate public authority to distribute additional savings to subscribers in the form of health reimbursement arrangements, wellness programs, health care trust funds for emergency medical care or inpatient hospital care, out-of-pocket caps, Medicare Part B reimbursements or reimbursements for other qualified medical expenses; provided, however that in no case shall the municipal health insurance review panel designate more than 25 per cent of the estimated savings to subscribers. The municipal health insurance review panel shall not require a municipality to implement a proposal to mitigate, moderate or cap the impact of changes authorized under section 22 or 23 which has a total multi-year cost that exceeds 25 per cent of the estimated savings. All obligations on behalf of the appropriate public authority related to the proposal shall expire after the initial amount of estimated savings designated by the panel to be distributed to employees and retirees has been expended. The panel shall not impose any change to contribution ratios.

(g) The decision of the municipal health insurance review panel shall be binding upon all parties.

(h) The secretary of administration and finance shall promulgate regulations establishing administrative procedures for the negotiations with the public employee committee and the municipal health insurance review panel, and issue guidelines to be utilized by the appropriate public authority and the municipal health insurance review panel in evaluating which subscribers are disproportionately affected, subscriber income and subscriber out-of-pocket costs associated with health insurance benefits.

Section 22. (a) Upon meeting the requirements of section 21, an appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers by acceptance of any other section of this chapter may include, as part of the health plans that it offers to its subscribers not enrolled in a Medicare plan under section 18A, copayments, deductibles, tiered provider network copayments and other plan design features that are no greater in dollar amount than the copayments, deductibles, tiered provider network copayments and other plan design features offered by the commission pursuant to section 4 or 4A of chapter 32A in a non-Medicare plan with the largest subscriber enrollment; provided, however, that for subscribers enrolled in a Medicare plan pursuant to section 18A the appropriate public authority may include, as part of the health plans that it offers to its subscribers, copayments, deductibles, tiered provider network copayments and other plan design features that are no greater in dollar amount than the copayments, deductibles, tiered provider network copayments and other plan design features offered by the commission pursuant to section 4 or 4A of chapter 32A in a Medicare plan with the largest subscriber enrollment. The appropriate public authority shall not include a plan design feature which seeks to achieve premium savings by offering a health benefit plan with a reduced or selective network or providers unless the appropriate public authority also offers a health benefit plan to all subscribers that does not contain a reduced or selective network of providers.

(b) An appropriate public authority may increase the dollar amounts for copayments, deductibles, tiered provider network copayments and other plan design features; provided that, for subscribers enrolled in a non-Medicare plan, such features do not exceed plan design features offered by the commission pursuant to section 4 or 4A of chapter 32A in a non-Medicare plan with the largest subscriber enrollment and, for subscribers enrolled in a Medicare plan under section 18A, such features do not exceed plan design features offered by the commission pursuant to section 4 or 4A of chapter 32A in a Medicare plan with the largest subscriber enrollment; provided, however, that the public authority need only satisfy the requirements of subsection (a) of section 21 the first time changes are implemented pursuant to this section; and provided, further that the public authority meet its obligations under subsections (b) to (h), inclusive, of section 21 each time an increase to a plan design feature is proposed.

Nothing herein shall prohibit an appropriate public authority from including in its health plans higher copayments, deductibles or tiered provider network copayments or other plan design features than those authorized by this section; provided, however, such higher copayments, deductibles, tiered provider network copayments and other plan design features may be included only after the governmental unit has satisfied any bargaining obligations pursuant to section 19 or chapter 150E.

(c) The decision to accept and implement this section shall not be subject to bargaining pursuant to chapter 150E or section 19. Nothing in this section shall preclude the implementation of plan design changes pursuant to this section in communities that have adopted section 19 of this chapter or by the governing board of a joint purchasing group established pursuant to section 12.

(d) Nothing in this section shall relieve an appropriate public authority from providing health insurance coverage to a subscriber to whom it has an obligation to provide coverage under any other provision of this chapter.

(e) The first time a public authority implements plan design changes under this section, the public authority shall not increase the percentage contributed by retirees, surviving spouses and their dependents to their health insurance premiums for a period of 2 years once such changes are in effect.

Section 23. (a) Upon meeting the requirements of section 21, an appropriate public authority which has undertaken to provide health insurance coverage to its subscribers may elect to provide health insurance coverage to its subscribers by transferring its subscribers to the commission and shall notify the commission of such transfer. The notice shall be provided to the commission by the appropriate public authority on or before December 1 of each year and the transfer of subscribers to the commission shall take effect on the following July 1. On the effective date of the transfer, the health insurance of all subscribers, including elderly governmental retirees previously governed by section 10B of chapter 32A and retired municipal teachers previously governed by section 12 of chapter 32A, shall be provided through the commission for all purposes and governed under this section. As of the effective date and for the duration of this transfer, subscribers transferred to the commission's health insurance coverage shall receive group health insurance benefits determined exclusively by the commission and the coverage shall not be subject to collective bargaining, except for contribution ratios.

Subscribers transferred to the commission who are eligible or become eligible for Medicare coverage shall transfer to Medicare coverage, as prescribed by the commission. In the event of transfer to Medicare, the political subdivision shall pay any Medicare part B premium penalty assessed by the federal government on retirees, spouses and dependents as a result of enrollment in Medicare part B at the time of transfer into the Medicare health benefits supplement plan. For each subscriber's premium and the political subdivision's share of that premium, the subscriber and the political subdivision shall furnish to the commission, in such form and content as the commission shall prescribe, all information the commission deems necessary to maintain subscribers' and covered dependents' health insurance coverage. The appropriate public authority of the political subdivision shall perform such administrative functions and process such information as the commission deems necessary to maintain those subscribers' health insurance coverage including, but not limited to, family and personnel status changes, and shall report all changes to the commission. In the event that a political subdivision transfers subscribers to the commission under this section, subscribers may be withdrawn from commission coverage at 3 year intervals from the date of transfer of subscribers to the commission.

The appropriate public authority shall provide notice of any withdrawal by October 1 of the year prior to the effective date of withdrawal. All withdrawals shall be effective on July 1 following the political subdivision's notice to the commission and the political subdivision shall abide by all commission requirements for effectuating such withdrawal, including the notice requirements in this subsection. In the event a political subdivision withdraws from commission coverage under this section, such withdrawal shall be binding on all subscribers, including those subscribers who, prior to the transfer to the commission, received coverage from the commission under sections 10B and 12 of chapter 32A and, after withdrawal from the commission, those subscribers who received coverage from the commission under said sections 10B and 12 of said chapter 32A shall not pay more than 25 per cent of the cost of their health insurance premiums. In the event of withdrawal from the commission, the political subdivision and public employee unions shall return to governance of negotiations of health insurance under chapter 150E and this chapter; provided, however, that the political subdivision may transfer coverage to the commission again after complying with the requirements of subsections (b) to (h), inclusive, of section 21.

The commission shall issue rules and regulations consistent with this section related to the process by which subscribers shall be transferred to the commission.

(b) To the extent authorized under chapter 32A, the commission shall provide group coverage of subscribers' health claims incurred after transfer to the commission. The claim experience of those subscribers shall be maintained by the commission in a single pool and combined with the claim experience of all covered state employees and retirees and their covered dependents, including those subscribers who previously received coverage under sections 10B and 12 of chapter 32A.

(c) A political subdivision that self-insures its group health insurance plan under section 3A and has a deficit in its claims trust fund at the time of transferring its subscribers to the commission and the deficit is attributable to a failure to accrue claims which had been incurred but not paid may capitalize the deficit and amortize the amount over 10 fiscal years in 10 equal amounts or on a schedule providing for a more rapid amortization. Except as provided otherwise herein, subscribers eligible for health insurance coverage pursuant to this section shall be subject to all of the terms, conditions, schedule of benefits and health insurance carriers as employees and dependents as defined by section 2 and commission regulations. The commission shall, exclusively and not subject to collective bargaining under chapter 150E, determine all matters relating to subscribers' group health insurance rights, responsibilities, costs and payments and obligations excluding contribution ratios, including, but not limited to, the manner and method of payment, schedule of benefits, eligibility requirements and choice of health insurance carriers. The commission may issue rules and regulations consistent with this section and shall provide public notice, and notice at the request of the interested parties, of any proposed rules and regulations and provide an opportunity to review and an opportunity to comment on those proposed rules and regulations in writing and at a public hearing; provided, however, that the commission shall not be subject to chapter 30A.

(d) The commission shall negotiate and purchase health insurance coverage for subscribers transferred under this section and shall promulgate regulations, policies and procedures for coverage of the transferred subscribers. The schedule of benefits available to transferred subscribers shall be determined by the commission pursuant to chapter 32A. The commission shall offer those subscribers the same choice as to health insurance carriers and benefits as those provided to state employees and retirees. The political subdivision's contribution to the cost of health insurance coverage for transferred subscribers shall be as determined under this section, and shall not be subject to the provisions on contributions in said chapter 32A. Any change to the premium contribution ratios shall become effective on July 1 of each year, with notice to the commission of such change not later than January 15 of the same year.

(e) A political subdivision that transfers subscribers to the commission shall pay the commission for all costs of its subscribers' coverage, including administrative expenses and the governmental unit's cost of subscribers' premium. The commission shall determine on a periodic basis the amount of premium which the political subdivision shall pay to the commission. If the political subdivision unit fails to pay all or a portion of these costs according to the timetable determined by the commission, the commission may inform the state treasurer who shall issue a warrant in the manner provided by section 20 of chapter 59 requiring the respective political subdivision to pay into the treasury of the commonwealth as prescribed by the commission the amount of the premium and administrative expenses attributable to the political subdivision. The state treasurer shall recoup any past due costs from the political subdivision's cherry sheet under section 20A of chapter 58 and transfer that money to the commission. If a governmental unit fails to pay to the commission the costs of coverage for more than 90 days and the cherry sheet provides an inadequate source of payment, the commission may, at its discretion, cancel the coverage of subscribers of the political subdivision. If the cancellation of coverage is for nonpayment, the political subdivision shall provide all subscribers health insurance coverage under plans which are the actuarial equivalent of plans offered by the commission in the preceding year until there is an agreement with the public employee committee providing for replacement coverage.

The commission may charge the political subdivision an administrative fee, which shall not be more than 1 per cent of the cost of total premiums for the political subdivision, to be determined by the commission which shall be considered as part of the cost of coverage to determine the contributions of the political subdivision and its employees to the cost of health insurance coverage by the commission.

(f) If there is a withdrawal from the commission under this section, all retirees, their spouses and dependents insured or eligible to be insured by the political subdivision, if enrolled in Medicare part A at no cost to the retiree, spouse or dependents, shall be required to be insured by a Medicare extension plan offered by the political subdivision under section 11C or section 16. A retiree shall provide the political subdivision, in such form as the political subdivision shall prescribe, such information as is necessary to transfer to a Medicare extension plan. If a retiree does not submit the information required, the retiree shall no longer be eligible for the retiree's existing health insurance coverage. The political subdivision may from time to time request from a retiree, a retiree's spouse and dependents, proof certified by the federal government of the retiree's eligibility or ineligibility for Medicare part A and part B coverage. The political subdivision shall pay the Medicare part B premium penalty assessed by the federal government on those retirees, spouses and dependents as a result of enrollment in Medicare part B at the time of transfer into the Medicare health benefits supplement plan.

(g) The decision to implement this section shall not be subject to collective bargaining pursuant to chapter 150E or section 19.

(h) Nothing in this section shall relieve a political subdivision from providing health insurance coverage to a subscriber to whom it has an obligation to provide coverage under any other provision of this chapter or change eligibility standards for health insurance under the definition of "employee" in section 2.

Section 24. An appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers under this chapter may provide health care flexible spending accounts to allow certain subscribers, as determined by the appropriate public authority, to set aside a portion of earnings to pay for qualified expenses which may include, but shall not be limited to, out-of-pocket costs such as inpatient and outpatient copayments, calendar year deductibles, office visit copayments and prescription drug copayments.

Section 25. Notwithstanding any general or special law or regulation to the contrary, the appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers under this chapter or transfer its subscribers to the commission under this chapter may provide health reimbursement arrangements to reimburse subscribers for qualified medical expenses which may include, but shall not be limited to, out-of-pocket costs such as inpatient and outpatient copayments, calendar year deductibles, office visit copayments and prescription drug copayments.

Section 26. An appropriate public authority of a political subdivision which has undertaken to provide health insurance coverage to its subscribers under this chapter shall conduct an enrollment audit not less than once every 2 years. The audit shall be completed in order to ensure that members are appropriately eligible for coverage.

Section 27. An insurance carrier, third party purchasing group or administrator or the commission in the case of a governmental unit, which has undertaken to provide health insurance coverage to its subscribers by acceptance of sections 19 or 23, shall, upon written request, provide the governmental unit or public employee committee with its historical claims data within 45 days of such request; provided, that all personally identifying information within such claims shall be redacted and released in a form and manner compliant with all applicable state and federal privacy statutes and regulations including, but not limited to, the federal Health Insurance Portability and Accountability Act of 1996.

Section 28. Nothing in section 21, 22 or 23 shall be construed to prevent 2 or more governmental units under a joint purchase or trust agreement from jointly negotiating and purchasing coverage as authorized in section 12.

Section 29. Each fiscal year, the commission shall prepare and place on its website a report delineating the dollar amount of the copayments, deductibles, tiered provider network co-payments and other design features offered by the commission in the non-Medicare plan with the largest subscriber enrollment and the dollar amount of the copayments, deductibles, tiered provider network copayments and other design features offered by the commission in the Medicare extension plan with the largest subscriber enrollment. The commission shall also provide information on its plans with the largest subscriber enrollment upon request of any appropriate public authority or political subdivision.
 

 

Access to Personal Information

SECTION 59.   Section 32 of chapter 59 of the General Laws, as amended by section 46 of chapter 188 of the acts of 2010, is hereby further amended by adding the following sentence:- Nothing in this section shall prevent a person who submitted that information, or his designated representative, from inspecting or being provided a copy of the submission upon request.
 

 

Access to Personal Information

SECTION 60.   Section 52B of said chapter 59, as appearing in the 2008 Official Edition, is hereby amended by adding the following sentence:- Nothing in this section shall prevent a person who submitted that information, or his designated representative, from inspecting or being provided a copy of the submission upon request.
 

 

Access to Personal Information

SECTION 61.   Section 60 of said chapter 59, as so appearing, is hereby amended by inserting, after the word "duties" in line 32 the following words:- ; provided, however, that nothing in this section shall prevent a person who submitted that information, or his designated representative, from inspecting or being provided a copy of the submission upon request.
 

 

Gift of Life

SECTION 62.   Paragraph (a) of Part B of section 3 of chapter 62 of the General Laws, as so appearing, is hereby amended by adding the following subparagraph:-

(16) In the case of an individual who donates an organ to another person for human organ transplantation, the individual may claim an amount equal to the following expenses that are incurred by the individual and related to the individual's organ donation: (i) travel expenses; (ii) lodging expenses; and (iii) lost wages not to exceed $10,000. For the purposes of this subparagraph, "human organ" shall mean all or part of human bone marrow, liver, pancreas, kidney, intestine or lung. An individual who is a nonresident for all or part of the taxable year shall not be eligible to claim this deduction.
 

 

Life Sciences Tax Credit

SECTION 63.   Section 6 of said chapter 62 is hereby amended by striking out, in line 495, as so appearing, the words "in subsection (n)" and inserting in place thereof the following words:- subsections (n) and (r).
 

 

Dairy Tax Credit Data Recalculation

SECTION 64.   Paragraph (2) of subsection (o) of said section 6 of said chapter 62 as so appearing, is hereby amended by adding the following sentence:- Said regulations shall provide that when the board of food and agriculture, established pursuant to section 1 of chapter 20, determines that an error has been made in calculating the trigger price or in reporting or collecting data used in the calculation of the trigger price or the tax credit, the commissioner shall recalculate, with or without amendments, the trigger price or tax credit.
 

 

Life Sciences Tax Credit

SECTION 65.   Said section 6 of said chapter 62, as most recently amended by section 37 of chapter 454 of the acts of 2010, is hereby further amended by adding the following subsection:-

(r)(1) A taxpayer, to the extent authorized by the life sciences tax incentive program established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts Life Sciences Center in consultation with the department.

(2) A taxpayer taking a credit under this subsection shall commit to the creation of a minimum of 50 net new permanent full-time positions in the commonwealth.

(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the life sciences tax incentive program shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.

(4) The department shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $25,000,000 annually as set forth in subsection (d) of said section 5 of said chapter 23I.
 

 

DOR Audits Procedure and Penalty

SECTION 66.   Section 32 of chapter 62C of the General Laws, as most recently amended by section 45 of chapter 131 of the acts of 2010, is hereby further amended by adding the following subsection:-

(f) In the event of a deficiency assessment issued by the department after an audit of a return filed by a taxpayer for a tax period, where the length of the audit exceeded 18 months as measured from the department's opening conference with the taxpayer or the taxpayer's duly authorized representative to discuss a field audit or, in the case of a desk audit from its initial letter or other written communication to the taxpayer notifying the taxpayer that a desk audit has been initiated, to its issuance of a notice of intent to assess tax, the department shall determine the interest payable with respect to such deficiency after the expiration of such 18 month period and before the department's issuance of such notice of intent to assess, by reducing the rate provided in subsection (a) by 2 percentage points, but not below zero, or, in the case of an audit whose length as so determined exceeds 36 months, by reducing the rate provided in subsection (a) with respect to such period after the expiration of 18 months and before the department's issuance of the notice of intent to assess by 2.5 percentage points, but not below zero, if in either instance it determines that the taxpayer complied with all requests for information or documentation made during the audit period with substantial promptness and completeness, and where the taxpayer is not otherwise responsible for the extended duration of the audit. A taxpayer may appeal a department determination that the taxpayer did not comply with an audit request for information or documentation with substantial promptness and completeness to the appellate tax board along with any assessed tax in dispute.
 

 

Tax Abatement SOL

SECTION 67.   Section 36 of said chapter 62C, as appearing in the 2008 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

A request for a refund or credit of an overpayment of any tax where a required return has not been timely filed, shall be made by filing the overdue return within 3 years from the due date of the return, taking into account any extension of time for filing the return, or within 2 years of the date that the tax was paid, whichever is later. A request for a refund or credit of an overpayment of any tax where no return is required shall be made by the taxpayer within 2 years from the time the tax was paid. A request for a refund or credit of an overpayment of tax where the required return was timely filed shall be made within the period permitted for abatement for that return under section 37. Any request for a refund or credit filed beyond these deadlines shall be denied by the commissioner. Where a refund or credit results from an abatement under section 37, the amount of such refund or credit shall be limited to the amount paid, or deemed paid pursuant to section 79, within 3 years of the date that the application for abatement is filed, taking into account any extension of time for filing the return. This section shall not limit refunds or credits otherwise allowed pursuant to section 30 or 30A.
 

 

Tax Abatement

SECTION 68.   Section 37 of said chapter 62C is hereby further amended by striking out the first paragraph, as so appearing, and inserting in place thereof the following paragraph:-

Any person aggrieved by the assessment of a tax, other than a tax assessed under chapter 65 or 65A, may apply in writing to the commissioner, on a form approved by the commissioner, for an abatement thereof at any time: (1) within 3 years from the date of filing of the return, taking into account paragraph (a) of section 79; (2) within 2 years from the date the tax was assessed or deemed to be assessed; or (3) within 1 year from the date that the tax was paid, whichever is later; provided, however, that where the commissioner and the taxpayer have agreed to extend the period for assessment of a tax pursuant to section 27, the period for abatement or for abating such tax shall not expire prior to the expiration period within which an assessment may be made pursuant to such agreement or any extension thereof; and provided further that any abatement that would result in a refund of tax, including a credit of such refund against another liability, is subject to section 36 to the extent of such refund or credit.
 

 

Dairy Tax Credit Data Recalculation

SECTION 69.   Subsection (b) of section 38Z of chapter 63 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The regulations shall provide that when the board of food and agriculture, established pursuant to section 1 of chapter 20, determines that an error has been made in calculating the trigger price or in reporting or collecting data used in the calculation of the trigger price or the tax credit, the commissioner shall recalculate, with or without amendments, the trigger price or tax credit.
 

 

Life Sciences Tax Credit

SECTION 70.   Said chapter 63 is hereby further amended by inserting after section 38BB the following section:-

Section 38CC. (a) A taxpayer, to the extent authorized by the life sciences tax incentive program established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts Life Sciences Center in consultation with the department.

(b) A taxpayer taking a credit under this section shall commit to the creation of a minimum of 50 net new permanent full-time positions in the commonwealth.

(c) A credit allowed under this section shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the taxpayer's liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized pursuant to the life sciences tax incentive program, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.

(d) The department shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, which shall not exceed $25,000,000 annually as set forth in subsection (d) of said section 5 of said chapter 23I.
 

 

Cigarette Stamper Allowance

SECTION 71.   Section 30 of chapter 64C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

A stamper who has complied with this chapter and, to the extent applicable, section 3A of chapter 64H and chapter 94F, including the rules and regulations promulgated thereunder, may withhold and retain from each payment to be made by that stamper for such stamps as compensation for service rendered in compliance with this chapter and, to the extent applicable, said section 3A of said chapter 64H and said chapter 94F the following amounts:(1) for encrypted stamps purchased and not returned for an abatement,$12 per roll of 1,200 stamps; and (2) in each fiscal year, $600 per roll of 30,000 encrypted stamps for the first 50 rolls purchased and $200 per each additional roll of 30,000 encrypted stamps purchased; and (3) in the case of non-encrypted adhesive stamps purchased and not returned for an abatement, $1.85 for each 600 stamps purchased and a proportionate amount for any fraction thereof.
 

 

Exemption for Medically Necessary Breast Pumps

SECTION 72.   Section 6 of chapter 64H of the General Laws is hereby amended by inserting after the words "machines", in line 184, as so appearing, the following words:- , physician-prescribed, medically necessary breast pumps.
 

 

Recovery High Schools

SECTION 73.   Section 91 of chapter 71 of the General Laws, as amended by section 52 of chapter 131 of the acts of 2010, is hereby further amended by adding the following subsection:-

(e) Failure by a school district to transfer funds to a Recovery High School as required in subsection (b) shall result in a deduction of the amount therein from the home school district's chapter 70 per pupil allotment for the following fiscal year.
 

 

Virtual Schools

SECTION 74.   Section 92 of said chapter 71, inserted by section 8 of chapter 12 of the acts of 2010, is hereby amended by adding the following 2 subsections:-

(q) A school committee operating an Innovation School that is a virtual public school may vote to allow students who do not reside in the district to enroll in the virtual public school pursuant to section 12B of chapter 76; provided, however, that the vote and policy is consistent with department of elementary and secondary education regulations governing enrollment at such schools; provided further, that any student enrolled in a virtual public school shall have no right to attend any other school operated by that school committee. Notwithstanding subsection (b), an Innovation School that is a virtual public school may receive each school year from the school committee less than the same per pupil allocation as any other district school receives.

(r) Failure by a school district to transfer funds to an Innovation School, as required in subsection (b) shall result in a deduction of the amount therein from the home school district's chapter 70 per pupil allotment for the following fiscal year.
 

 

Library of the Commonwealth

SECTION 75.   Section 19C of chapter 78 of the General Laws is hereby amended by striking out, in lines 34 and 35, as appearing in the 2008 Official Edition, the words "last recourse for reference and research services for the commonwealth" and inserting in place thereof the following words:- the commonwealth for reference and research services.
 

 

Confirm that Merit Rating Board is in MassDot

SECTION 76.   Section 34O of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 120, the words "one hundred and eighty-three of chapter six" and inserting in place thereof the following words:- 57A of chapter 6C.
 

 

DEP General Tidelands License

SECTION 77.   Chapter 91 of the General Laws is hereby amended by inserting after section 18B the following section:-

Section 18C. (a) Notwithstanding any general or special law to the contrary, the department may issue a general license authorizing noncommercial small-scale docks, piers and similar structures that are accessory to a residential use, but not marinas or large-scale docks, piers or similar structures, in tidelands, great ponds, rivers and streams, otherwise subject to individual licensing under sections 12, 12A, 13, 14, 18 and 19. Projects that extend beyond harbor lines or are within areas of critical environmental concern to the commonwealth shall not be eligible for a general license under this section. The department may consider the cumulative impacts of docks, piers and similar structures in a geographic area in determining whether a project is appropriate for coverage under a general license. The licensee shall comply with all general license performance standards to be issued as regulations by the department and any additional concerns specified by the department pursuant to the general license. A proponent of a project eligible for a general license under this section shall certify compliance with its terms and conditions to the department and shall pay all applicable fees required by this chapter before beginning construction. The department shall perform annual audits to monitor compliance with the general license requirements of this section.

(b) The first 2 paragraphs of section 18 shall not apply to projects subject to a general license; provided, however, that upon or prior to applying for a license pursuant to this section, the project proponent shall submit to the planning board of the city or town where the work is to be performed a statement of the proposed use, the location, dimensions and limits and mode of work to be performed. The planning board may, within 45 days after receipt of the statement, submit a written opinion to the department that the project does not comply with the general license standards set forth in this section and recommend that the project be subject to individual licensing, as applicable, under said sections 12, 12A, 13, 14, 18 and 19. The department shall not issue a general license under this section if a planning board recommends that the project be subject to individual licensing. The department may issue a general license after the expiration of 45 days without local planning board comment or upon receiving notification from the local planning board that it does not oppose the project's eligibility for a general license.

(c) The first sentence of the third paragraph of said section 18 shall not apply to projects subject to a general license; provided, however, that the project proponent shall specify by metes, bounds and otherwise the location, dimensions and limits and mode of performing the work in its certification to the department.

(d) The second sentence of said third paragraph of said section 18 shall not apply to a project subject to a general license; provided, however, that any changes in use or structural alteration of a licensed structure or fill, whether the structure or fill first was licensed before, on or after the effective date of this section, shall require a new certification to the department and submission to the planning board in accordance with subsection (b) for projects eligible for a general license, or a license for structures which are ineligible for the general license, in accordance with the provisions and procedures established in this chapter and the general license.

(e) The sixth paragraph of said section 18 shall not apply to a project subject to a general license; provided, however, that upon or prior to applying for a general license under this section, the project proponent shall give notice to the selectmen of the town or the mayor of the city and the conservation commission of the town or city where the work is to be performed and shall publish, at the expense of the proponent, the notice at the same time in a newspaper or newspapers having a circulation in the area affected by the project.

(f) The seventh and eighth paragraphs of said section 18, regarding public and adjudicatory hearings, shall not apply to a project subject to a general license.

(g) The ninth paragraph of said section 18 regarding recordation shall not apply to a project subject to a general license; provided, however, that the project proponent shall submit a plan of the work or structure to the department in its certification. The general license for these projects shall be void unless, within 60 days after certification, the certification and the accompanying plan are recorded in the registry of deeds for the county or district wherein the work is to be performed. Work or change in use shall not commence until the certification is recorded and the department has received notification of the recordation.

(h) The tenth paragraph of said section 18 regarding zoning approval shall not apply to a project subject to a general license; provided, however, that the project proponent shall submit a certification by the clerk of the affected cities or towns that the work to be performed or change in use is not in violation of local zoning ordinances and by-laws, in its certification to the department.

(i) The eleventh paragraph of said section 18, regarding assessments for tidewater displacement and occupation of commonwealth tidelands, shall not apply to projects subject to a general license; provided, however, that these assessments shall be paid by the project proponent in its certification to the department.

(j) Section 20 shall not apply to projects subject to a general license; provided, however, that the project proponent shall submit to the department plans of any proposed work to be performed and a copy of any legislative grant in its certification to the department.

(k) The department shall adopt regulations to implement this section. The regulations shall protect and preserve any rights held by the commonwealth in trust for the public to use tidelands, great ponds and other waterways for lawful purposes and public rights of access on private tidelands, great ponds and other waterways for any lawful use.
 

 

Name of State Parks Division

SECTION 78.   Sections 1A and 1B of chapter 92 of the General Laws are hereby repealed.
 

 

Single State Parks Agency

SECTION 79.   Section 33 of said chapter 92, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 1, the word "urban" and inserting in place thereof the following word:- state.
 

 

Single State Parks Agency

SECTION 80.   Section 34 of said chapter 92, as so appearing, is hereby amended by striking out, in line 8, the words "Urban Parks" and inserting in place thereof the following words:- State Parks and Recreation.
 

 

Prescription Drug Waste

SECTION 81.   Chapter 111 of the General Laws is hereby amended by striking out section 25I, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 25I. The department, in conjunction with the board of registration in pharmacy and the division of medical assistance, shall establish and implement guidelines to reduce medication waste in facilities licensed by the department, the department of mental health and the department of corrections. The department shall establish such guidelines, based on its review, that are determined to be effective in reducing waste without imposing unreasonable costs on the health care delivery system. In establishing such guidelines the department may consider the following: (i) current technology, standards and reimbursement mechanisms for dispensing and distributing medications to facilities; (ii) requirements implemented in other states for limiting prescription drug waste and any cost-savings realized; (iii) the commonwealth's standards for the return and re-dispensing of patient-specific schedule VI prescription drugs; and (iv) possible incentive mechanisms to prevent prescription drug waste. The department shall promulgate regulations to implement this section.
 

Veto Explanation:
I am vetoing this section because the current statute provides for the return and redispensing of medications, the Department of Public Health has guidelines in place governing those processes, and the Department retains the authority to make further rules and regulations as necessary.

 

Prescription Drug Waste

SECTION 82.   The fifth paragraph of section 70E of said chapter 111, as appearing in the 2008 Official Edition, is hereby amended by adding the following clause:-

(p) to obtain from the facility in charge of the patient's care, upon discharge, any bulk medications that were prescribed for the patient during the patient's stay including, but not limited to, aerosol inhalers, topical products such as creams and powders, eye drops, insulin and special order items; provided, however, these bulk medications are patient-specific and personal and would not otherwise be used in the treatment of another patient. Upon discharge from the hospital, these bulk medications shall be considered the personal property of the patient and the prescribing physician shall include in the patient's discharge orders directions for use of these bulk medications.

The department shall promulgate regulations to implement this clause.
 

Veto Explanation:
I am vetoing this section because it is unnecessary, as patients currently are permitted and are discharged with their personal bulk medications, and the Department of Public Health retains the authority to make further rules and regulations as necessary.

 

Solid Waste Site Assignemnt - DEP Transfer Stations

SECTION 83.   Section 150A of said chapter 111 is hereby amended by inserting after the fourth paragraph, as so appearing, the following paragraph:-

Within 60 days of receipt of the application, the department shall issue a report stating whether the proposed site meets the criteria established under section 150A1/2 for the protection of the public health and safety and the environment. Any such reports shall be made available to the public in a timely manner prior to any public hearing concerning the site application.
 

 

Solid Waste Site Assignemnt - DEP Transfer Stations

SECTION 84.   Said section 150A of said chapter 111 is hereby further amended by striking out the words "60 days of receipt of said application", inserted by section 64 of chapter 131 of the acts of 2010, and inserting in place thereof the following words:- 30 days of the receipt of the department's report.
 

 

Solid Waste Site Assignemnt - DEP Transfer Stations

SECTION 85.   Said section 150A of said chapter 111 is hereby further amended by striking out the words "local board of health", inserted by section 65 of said chapter 131, and inserting in place thereof the following words:- department's report.
 

 

Solid Waste Site Assignemnt - DEP Transfer Stations

SECTION 86.   Said section 150A of said chapter 111 is hereby amended by striking out the ninth and tenth paragraphs, inserted by section 66 of said chapter 131, and inserting in place thereof the following 2 paragraphs:-

No facility shall be established, constructed, expanded, maintained, operated or devoted to any past closure as defined by regulation unless detailed operating plans, specifications, any public health reports and necessary environmental reports have been submitted to the department, the department has granted a permit for the facility and notice of the permit is recorded in the registry of deeds, or if the land affected thereby is registered land in the registry section of the land court for the district wherein the land lies. Within 120 days after the department is satisfied that the operating plans, specifications and reports are complete, the department shall make a decision granting or refusing to grant a permit. The permit 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.

Every decision by the department granting or refusing to grant a permit shall be in writing and shall contain findings with regard to criteria established by the department. Any person aggrieved by the action of the department in granting or refusing to grant a permit may appeal that decision under section 14 of chapter 30A. For the limited purposes of any such appeal, the department action shall be deemed to be a final decision in an adjudicatory proceeding.
 

 

Senior Care Options/PACE notice

SECTION 87.   Subsection (e) of section 9D of chapter 118E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after paragraph (3) the following paragraph:-

(3A) The division shall provide to each beneficiary age 65 and over an annual notice of options available for enrollment in voluntary programs including Program of All Inclusive Care for the Elderly plans, MassHealth Senior Care Options, Frail Elder Home and Community Based Waiver Program and any other voluntary elected benefit to which the beneficiary is entitled to supplement or replace such beneficiary's MassHealth benefits. Upon approval from the federal Centers for Medicare and Medicaid Services, the division shall include in such annual notice the names and contact information for the program providers, general contact information for the division and a general description of the benefits of joining particular programs. The notice shall be written in clear and simple language and shall include instructions for requesting a copy of such notice in a language other than English. The notice shall include a method for the beneficiary to request from the division additional information on any program described in the notice. Before the content and format of the annual notice is finalized, the division shall forward the proposed draft for review and comment to the program providers. The division shall work with the program providers and other appropriate stakeholders to assess whether, and to what extent, barriers to program enrollment shall be alleviated through modifications to the program or the enrollment process. The division may charge the program providers for the costs associated with provision of the annual notice.
 

Veto Explanation:
I am vetoing this section because it imposes additional costs on the MassHealth program without a corresponding appropriation. I am prepared, however, to recommend the necessary appropriation and then to approve such a requirement.

 

MassHealth Program Changes

SECTION 88.   Section 25 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 73, 75 and 79, the figure "$3" and inserting in place thereof, in each instance, the following figure:- $5.
 

 

Health Safety Net Demonstration Projects

SECTION 89.   Section 36 of chapter 118G of the General Laws is hereby amended by inserting after the word "that", in line 27, as so appearing, the following words:- not more than.
 

 

MassHealth Program Changes

SECTION 90.   Subsection (b) of section 6 of chapter 118H of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Enrollees with a household income that does not exceed 100 per cent of the federal poverty level shall only be responsible for copayments equal to those required of enrollees in the MassHealth program.
 

 

Assessment for Safe & Appropriate Placement Tool

SECTION 91.   The last paragraph of section 33B of chapter 119 of the General Laws, as so appearing, is hereby amended by adding the following 2 sentences:-

All state agencies that use the assessment for safe and appropriate placement instrument shall: (i) consult with relevant experts to revise the instrument based on evidence-based practice; (ii) create a process for keeping the instrument current with evolving best practice standards; and (iii) ensure that all relevant staff are informed about the instrument and have appropriate training in how to make referrals and incorporate results from the instrument into their case management and treatment planning. The Massachusetts Adolescent Sex Offender Coalition and the Juvenile Firesetters Coalition shall provide training staff in partnership with the department on the revised and updated assessment for safe and appropriate placement instrument.
 

 

Hunting and Fishing Licenses for Minors

SECTION 92.   Section 11 of chapter 131 of the General Laws is hereby further amended by inserting after the word "blind", in line 38, as so appearing, the following words:- , under the age of 18.
 

 

Hunting and Fishing Licenses for Minors

SECTION 93.   Section 129B of chapter 140 of the General Laws is hereby amended by inserting after clause (9B), as so appearing, the following clause:-

(9C) Except as provided in clause (9B), the fee for an application for a firearm identification card for any person under the age of 18 shall be $25, which shall be payable to the licensing authority and shall not be prorated or refunded in the case of revocation or denial. The licensing authority shall retain 50 per cent of the fee and the remaining portion shall be deposited into the General Fund. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit quarterly that portion of the firearm identification card application fee which is to be deposited into the General Fund, not later than January 1, April 1, July 1 and October 1 of each year.
 

 

Escalator Safety

SECTION 94.   Section 64 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out the third sentence.
 

 

Escalator Safety

SECTION 95.   Section 65 of said chapter 143, as so appearing, is hereby amended by adding the following 2 paragraphs:-

No elevator licensed under this chapter shall be operated without a valid inspection certificate. If a certificate has expired, no new certificate shall be issued until a new inspection has been completed and no elevator shall be operated until a new certificate has been issued by a qualified state inspector. The owner or operator of an elevator who fails to comply with this section shall be punished by a fine of $1,000 for each day that an elevator is in operation without a valid certificate. The commissioner or the commissioner's designee, and such other person as may be specifically authorized, may issue a written notice of violation under section 21 of chapter 22 for a violation of this section.

An owner or operator of an elevator shall not be assessed a fine for having violated this section if: (i) 30 days prior to the expiration of a certificate, the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of the elevator by the department and an inspection was not completed within the 30-day period; and (ii) the elevator was not determined to be unsafe at any time during the 30-day period, notwithstanding that the results of an inspection were rendered beyond such 30-day period.
 

 

Boiler Inspector Certificates

SECTION 96.   Section 1 of chapter 146 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Department" the following definition:-

"District engineering inspector", an inspector of the division.
 

 

Boiler Inspector Certificates

SECTION 97.   Section 18 of said chapter 146, as so appearing, is hereby amended by striking out, in line 3, the words "on blanks approved by the chief" and inserting in place thereof the following words:- in a standard format that has been authorized and approved by the department.
 

 

Boiler Inspector Certificates

SECTION 98.   Said chapter 146 is hereby further amended by striking out section 23, as so appearing, and inserting in place thereof the following section:-

Section 23. If upon inspection the district engineering inspector finds the boiler to be in safe working order with the fittings necessary to safely and properly set up the boiler and its appurtenances conform to the rules of the board, the department shall issue to the owner or user thereof a certificate of inspection stating the maximum pressure at which the boiler may be operated, as ascertained by the rules of the board, and thereupon such owner or user may operate the boiler mentioned in the certificate. If the district engineering inspector finds otherwise, the department shall withhold the certificate until the boiler and its fittings are put in a condition to ensure safety of operation and to ensure that the boiler and its appurtenances conform to the rules of the board and the owner or user shall not operate such boiler, or cause it to be operated, until such certificate has been granted.
 

 

Boiler Inspector Certificates

SECTION 99.   Said chapter 146 is hereby further amended by striking out section 25, as so appearing, and inserting in place thereof the following section:-

Section 25. Insurance companies shall, after each internal and external inspection, if the boiler and its appurtenances conform to the rules of the board and if they deem the boiler to be in safe working condition otherwise, submit such information to the department. The department shall, upon receipt of the required fee, issue a certificate of inspection stating the maximum pressure at which the boiler may be operated as ascertained by the rules of the board.
 

 

Boiler Inspector Certificates

SECTION 100.   Section 34 of said chapter 146, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- No person shall install or use, or cause to be installed or used, any tank or other receptacle for the storing of compressed air at any pressure exceeding 50 pounds per square inch, except when attached to locomotives or street or railway cars or trackless trolley vehicles, or to motor vehicles for use in operating such vehicles or their brakes or body-lifting apparatus unless the owner or user of such tank or other receptacle holds a certificate of inspection issued by the department, certifying that the tank or other receptacle has been duly inspected within the preceding 2 years, or unless the owner or user holds a policy of insurance upon the tank or other receptacle issued by an insurance company authorized to insure air tanks within the commonwealth, together with a certificate of inspection from the department.
 

 

Boiler Inspector Certificates

SECTION 101.   Section 71 of said chapter 146, as so appearing, is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraph:-

When the inspection of a boiler covered by section 70 is completed and the district engineering inspector finds the boiler to be in safe working order, with the fittings necessary to safely and properly set up and the boiler and any appurtenances conform to the rules of the board and sections 1, 4 or 8 of the ASME Code, the department shall issue to the owner or user thereof a certificate of inspection. The certificate shall state the maximum pressure at which the boiler may be operated and thereupon the owner or user of the boiler may operate the boiler as stated in the certificate. If the district engineering inspector finds otherwise, the department shall withhold the certificate until the boiler and its appurtenances are put in a condition to ensure safety of operation and to ensure that the boiler conforms to the rules of the board and said sections 1, 4 or 8 of the ASME Code. If the insurance inspector finds the boiler or pressure vessel to be in safe working order, as above, the insurance inspector shall submit such information to the department and the department shall, upon receipt of the required fee, issue a certificate of inspection. If the insurance inspector finds otherwise, the insurance inspector shall submit such information and report such findings to the department on the approved format. The department shall withhold a certificate until the boiler or pressure vessel passes inspection. The owner of any such boiler shall not operate nor cause to be operated any such boiler until a certificate has been issued.
 

 

Boiler Inspector Certificates

SECTION 102.   Said chapter 146 is hereby further amended by striking out section 76, as so appearing, and inserting in place thereof the following section:-

Section 76. No person shall act as an inspector of boilers for an insurance company unless such person holds a certificate of competency under section 62.
 

 

Boiler Inspector Certificates

SECTION 103.   Section 79 of said chapter 146, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The certificate of inspection issued by the department shall state the name of the owner and that of the user, if different from the owner, the location of the boiler, the number of the boiler, the date of inspection, the maximum pressure at which the boiler may be operated and the signature of the inspector who made the inspection. The certificate shall also contain such extracts from the General Laws as shall be deemed necessary by the board.
 

 

Boiler Inspector Certificates

SECTION 104.   Said chapter 146 is hereby further amended by adding the following section:-

Section 90. The owner or user of a boiler or air tank or other receptacle inspected by an inspector shall pay a fee to be determined annually by the secretary of administration and finance pursuant to section 3B of chapter 7 for the issuance of a certificate of inspection by the department.
 

 

Confirm that Merit Rating Board is in MassDot

SECTION 105.   Section 113B of chapter 175 of the General Laws is hereby amended by striking out, in lines 160 and 178, as appearing in the 2008 Official Edition, the words "183 of chapter 6" and inserting in place thereof, in each instance, the following words:- 57A of chapter 6C.
 

 

Surplus Lines Insurance

SECTION 106.   Said chapter 175 is hereby further amended by striking out section 168, as most recently amended by section 154 of chapter 240 of the acts of 2010, and inserting in place thereof the following section:-

Section 168. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Home state", relative to an insured: (1) the state in which an insured maintains its principal place of business or, in the case of an individual, the individual's principal residence; or (2) if 100 per cent of the risk is located out of the state referred to in clause (1), the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated.

"State", any state of the United States, the District of Columbia, the commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands and American Samoa.

"Unauthorized company", an insurer not licensed to engage in the business of insurance in the commonwealth.

"Unauthorized insurance", any property and casualty insurance permitted to be placed with an unauthorized company eligible to accept such insurance.

(b) The commissioner may, upon the payment of the fee prescribed by section 14, issue to any suitable person aged 18 or older, a license to act as a special insurance broker to negotiate, continue or renew contracts of insurance against any of the hazards specified in section 47, except as specified in clause Fifteenth thereof, and except accident and health, workers' compensation, compulsory motor vehicle liability and life insurance on property or interests in the commonwealth with an unauthorized company upon the following conditions:

(i) The applicant for the license shall file with the commissioner a written application as prescribed by section 162L which shall be executed on oath by the applicant and kept on file by the commissioner. If the commissioner is satisfied that the applicant is trustworthy and competent, he shall issue the license, subject to suspension or revocation at the pleasure of the commissioner. The license shall expire 1 year from the date of issuance, unless sooner suspended or revoked.

(ii) The commissioner may, in the commissioner's discretion, renew the license for each succeeding year, upon the payment of the fee prescribed by section 14, without requiring the detailed information specified by section 162L.

(iii) Whenever the person named in such license shall procure any insurance in an unauthorized company for an insured whose home state is the commonwealth, he shall execute, and within 20 days thereafter, file with the commissioner an affidavit stating that the full amount of insurance required to protect the subject property or interest of said insured is not procurable, after a diligent effort has been made to do so, from among companies admitted to transact insurance in the commonwealth against the hazard or hazards involved, and that the amount of insurance procured in such unauthorized company is only the excess over the amount so procurable from such admitted companies. The affidavit shall have force and effect for 1 year from the date of issuance or expiration of the policy, whichever comes later.

(iv) Clause (iii) shall not apply to the procurement of a contract of insurance for an exempt commercial risk or policyholder as described in section 224, if the commercial risk or policyholder acknowledges in writing its understanding, that (1) the company from which insurance is procured is not admitted to transact insurance in the commonwealth and (2) in the event of the insolvency of the company, a loss shall not be paid by the Massachusetts Insurers Insolvency Fund under chapter 175D.

(c) Any insurance policy procured under this section shall contain the following disclosure notice to the policyholder: This policy is insured by a company which is not admitted to transact insurance in the commonwealth, is not supervised by the commissioner of insurance and, in the event of an insolvency of such company, a loss shall not be paid by the Massachusetts Insurers Insolvency Fund under chapter 175D. The commissioner may, by regulation, amend the foregoing disclosure notice. Each licensed special insurance broker shall maintain a copy of the acknowledgement for inspection by the commissioner with respect to all policies of insurance so procured by the licensee for exempt commercial risks or policyholders. Such licensed person shall not be required to file such affidavit if such an affidavit relative to the same property or interests has been filed within the preceding 12 months by any broker licensed under this section, nor to offer any portion of such insurance to any company not possessed of net cash assets of at least $200,000, nor to one which has within the preceding 12 months been in an impaired condition, nor shall such licensed person procure any such insurance on said property or interests from any unauthorized company unless:

(i)(A) such company is possessed of net cash assets of at least $300,000 computed on the basis fixed by sections 10 to 12, inclusive, and on the form prescribed by section 25; (B) such company has satisfied the commissioner that its officers and directors are of good repute and competent to manage an insurance company; (C) the management of the company is carrying out its insurance contracts in good faith; (D) such company has filed with the commissioner an examination report of the affairs of the company completed within the previous 3 years and made by the proper supervisory official of its home state; and (E) such company has made a deposit of not less than $400,000 with the state treasurer or with the proper board or officer of some other state of the United States in accordance with the terms and conditions hereinafter specified;

(ii) such company has filed a financial statement on a form satisfactory to the commissioner and conforms to and maintains the financial requirements specified in subparagraph (i) of paragraph (D) of subsection (1) of section 20A; or

(iii) such company is an eligible alien unauthorized insurer, as defined in section 168A; provided, however, that such deposit shall be made in exclusive trust for the benefit and security of all its policyholders in the United States, including obligees of bonds executed by such company as surety, and when made with the state treasurer may be made in the securities and subject to the limitations specified in sections 63 and 66, or in cash or in such other securities as the commissioner may approve; provided further, that bonds need not be accepted by the state treasurer unless in registered form and of denominations satisfactory to him, and shall not be returned to the company until it has ceased to transact business in the commonwealth, or until the commissioner is satisfied that the company is under no obligation to such policyholders or obligees in the United States for whose benefit such deposit was made, or until the treasurer has given his written consent to such return; provided further, that the commissioner may, in any case, authorize in writing the return to the company of any excess of any deposit made under this section over the amount required thereby, if he is satisfied that such return shall not be prejudicial to the interests of such policyholders or obligees.

(d) Each person so licensed shall keep a separate account of the business done under the license, a certified copy of which account he shall forthwith file with the commissioner, showing the exact amount of such insurance placed for each person whose home state is the commonwealth, the gross premium charged thereon, the companies in which the same is placed, the date of the policies and the term thereof, and a report in the same detail of all such policies cancelled, with the gross return premiums thereon. Each person so licensed shall file a sworn statement with the state treasurer every January providing the gross premiums charged for insurance procured or placed and the gross return premiums on such insurance cancelled under such license during the year ending on December 31 last preceding. At the time of filing such statement, each person licensed as a special insurance broker shall pay to the commonwealth a fee, less such return premiums so reported, as follows:

(1) if the insurance covers properties, risks or exposures located or to be performed in the commonwealth and not in any other state, an amount equal to 4 per cent of such gross premiums;

(2) if the insurance covers properties, risks or exposures located or to be performed both in and outside of the commonwealth: (i) an amount equal to 4 per cent of such gross premiums allocated to the commonwealth; plus (ii) an amount equal to the portion of the premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks or exposures located or to be performed outside of the commonwealth; and

(3) to the extent that other states where portions of the insured properties, risks or exposures are located have failed to enter into a compact or reciprocal allocation procedure with the commonwealth, the net premium tax collected shall be retained by the commonwealth.

(e) Notwithstanding subsections (b), (c) and (d), the commissioner may enter into a cooperative agreement, reciprocal agreement or compact with another state or states in order to: facilitate the collection, allocation and disbursement of insurance premium fees and taxes attributable to the placement of unauthorized insurance; provide for uniform methods of allocation and reporting among unauthorized insurance risk classifications; and share information among states related to unauthorized insurance premium fees and taxes. The commissioner may also enter into other cooperative agreements with surplus lines stamping offices and other similar entities located in other states related to the capturing and processing of insurance premium and tax data. The commissioner may participate in any clearinghouse established pursuant to any such agreement or agreements for the purpose of collecting and disbursing to reciprocal states any funds collected pursuant to clause (3) of subsection (d) applicable to properties, risks or exposures located or to be performed outside of the commonwealth. In determining whether to enter in to such agreements or compacts, the commissioner may consider: (i) the efficiencies to be achieved in the reporting, payment, collection, allocation and disbursement of insurance premium fees and taxes attributable to the placement of unauthorized insurance; (ii) the amount of revenue to be generated through participation in any such agreements or compacts; and (iii) any other material factor relevant to the reporting, payment, collection, allocation or disbursement of insurance premium fees and taxes attributable to the placement of unauthorized insurance, as determined by the commissioner. Prior to entering into such an agreement or compact, the commissioner shall provide public notice and an opportunity for comment thereon.

(f) A person licensed under this section who negotiates, continues or renews any such contracts of insurance in any unauthorized company and who neglects to make and file the affidavit and statements required by this section, or who willfully makes a false affidavit or statement, or who negotiates, continues or renews any such contracts of insurance after the revocation or during the suspension of his license, shall forfeit his license if not previously revoked and be punished by a fine of not less than $100 nor more than $500 or by imprisonment in the house of correction for not more than 1 year, or by both such fine and imprisonment.

(g) Nothing in this section shall be deemed to amend or modify any of the provisions of, or any of the exemptions specified in, section 160.

(h) A license to act as a special insurance broker may, upon the payment of the fees prescribed by section 14, be issued to any association, as defined in section 1 of chapter 182, for the purpose of acting as a special insurance broker, subject to the conditions specified in section 172A. The commissioner may, upon the payment of the fees prescribed by section 14, issue to a partnership, a license to act as a special insurance broker subject to the conditions specified in section 173. A license to act as a special insurance broker may, upon the payment of the fees prescribed by section 14, be issued to any corporation, subject to the conditions specified in section 174.

(i) The commissioner may promulgate regulations as necessary to implement this section.
 

 

DOI Review of Small Group Health Insurance Rates

SECTION 107.   Section 6 of chapter 176J of the General Laws is hereby amended by striking subsection (c), as most recently amended by section 31A of chapter 359 of the acts of 2010, and inserting in place thereof the following subsection:-

(c) Notwithstanding any general or special law to the contrary, the commissioner may require carriers offering small group health insurance plans, including carriers licensed under chapters 175, 176A, 176or 176G, to file all changes to small group product base rates and to small group rating factors at least 90 days before their proposed effective date. The commissioner shall disapprove any proposed changes to base rates that are excessive, inadequate or unreasonable in relation to the benefits charged. The commissioner shall disapprove any change to small group rating factors that is discriminatory or not actuarially sound. The determination of the commissioner shall be supported by sound actuarial assumptions and methods, which shall be provided in writing to the carrier. Rate filing materials submitted for review by the division shall be deemed confidential and exempt from the definition of public records in clause Twenty-sixth of section 7 of chapter 4. The commissioner shall adopt regulations to carry out this section.
 

Veto Explanation:
I am vetoing this section because it will decrease efficiency and transparency in the Division of Insurance's rate hearings.

 

DOI Review of Small Group Health Insurance Rates

SECTION 108.   Said section 6 of said chapter 176J is hereby further amended by striking out subsection (f), as appearing in section 29 of chapter 288 of the acts of 2010, and inserting in place thereof the following subsection:-

(f) If the commissioner disapproves the rate submitted by a carrier the commissioner shall notify the carrier in writing no later than 60 days prior to the proposed effective date of the carrier's rate. If the commissioner fails to issue a written decision 60 days prior to the proposed effective date of the rate, the carrier's proposed base rates shall be deemed approved. If the carrier's proposed based rate has been disapproved, the carrier may submit a request for hearing with the division of insurance within 10 days of such notice of disapproval. The division must schedule a hearing within 10 days of receipt. The commissioner shall issue a written decision within 30 days after the conclusion of the hearing.
 

Veto Explanation:
I am vetoing this section because it inhibits the Commissioner from conducting a thorough review of the carrier's rate submission, and automatically allowing rates that have not been thoroughly reviewed could increase premium costs and create confusion in the marketplace.

 

DOI Review of Small Group Health Insurance Rates

SECTION 109.   Said section 6 of said chapter 176J is hereby further amended by striking out subsection (f), as amended by section 108.
 

Veto Explanation:
I am vetoing this section because it strikes out the statute amended by section 108, which I have vetoed for the reasons set forth above.

 

Supplemental Insurance Carriers

SECTION 110.   The first sentence of subsection (a) of section 21 of chapter 176O of the General Laws, as appearing in section 40 of chapter 288 of the acts of 2010, is hereby amended by adding the following words:- ; provided, however, that for the purposes of this subsection, "carrier" shall not include any entity to the extent it offers a policy, certificate or contract that does not qualify as creditable coverage as defined in section 1 of chapter 111M.
 

 

Supplemental Insurance Carriers

SECTION 111.   The definition of "carrier" in paragraph (1) of subsection (b) of said section 21 of said chapter 176O, as so appearing, is hereby amended by inserting, after the words "provided, however, that" the following words:- "carrier" shall not include any entity to the extent it offers a policy, certificate or contract that does not qualify as creditable coverage as defined in section 1 of chapter 111M; provided, further, that.
 

 

Improving Representation of Indigent Defendants-CPCS

SECTION 112.   Chapter 211D of the General Laws is hereby amended by striking out sections 1 to 2A, inclusive, as appearing in the 2008 Official Edition, and inserting the following 4 sections:-

Section 1. There shall be a committee for public counsel services, hereinafter referred to as the committee, to plan, oversee, and coordinate the delivery of criminal and certain noncriminal legal services by salaried public counsel, bar advocate and other assigned counsel programs and private attorneys serving on a per case basis. The committee shall consist of 15 persons: 2 of whom shall be appointed by the governor; 2 of whom shall be appointed by the president of the senate; 2 of whom shall be appointed by the speaker of the house of representatives; and 9 of whom shall be appointed by the justices of the supreme judicial court, 1 of whom shall have experience as a public defender, 1 of whom shall have experience as a private bar advocate, 1of whom shall have criminal appellate experience, 1 shall have a background in public administration and public finance, and 1 of whom shall be a current or former dean or faculty member of a law school. The court shall request and give appropriate consideration to nominees for the 9 positions from the Massachusetts Bar Association, county bar associations, the Boston Bar Association and other appropriate bar groups including, but not limited to, the Massachusetts Black Lawyers' Association, Inc., Women's Bar Association of Massachusetts, Inc., and the Massachusetts Association of Women Lawyers, Inc.

All members of the committee shall have a strong commitment to quality representation in indigent defense matters or have significant experience with issues related to indigent defense. The committee shall not include presently serving judges, elected state, county or local officials, district attorneys, state or local law enforcement officials or public defenders employed by the commonwealth. The term of office of each member of the committee shall be 4 years. Members of the committee may be removed for cause by the justices of the supreme judicial court. Vacancies shall be filled by the appointing authority that made the initial appointment to the unexpired term of the appointee within 60 days of the occurrence of the vacancy. An appointee shall continue in office beyond the expiration date of the appointee's term until a successor in office has been appointed and qualified. While serving on the committee, no member shall be assigned or appointed to represent indigent defendants before any court of the commonwealth. No member shall receive any compensation for service on the committee, but each member shall be reimbursed for actual expenses incurred in attending the committee meetings.

Chapter 268A shall apply to all members, officers and employees of the committee, except that the committee may provide representation or enter into a contract pursuant to section 3 or section 6, although a member of the committee may have an interest or involvement in any such matter if such interest and involvement is disclosed in advance to the other members of the committee and recorded in the minutes of the committee; provided, however, that no member having an interest or involvement in any contract under section 3 may participate in any particular matter, as defined in section 1 of chapter 268A, relating to such contract.

Section 2. The committee for public counsel services shall establish a definition of "indigency" for the purposes of this chapter and uniform standards and procedures for the determination by the courts of the commonwealth that: (1) a person is indigent and is unable to obtain counsel or (2) a person is indigent, but has the ability to pay a reduced fee for the appointment of counsel. The definition and standards, and any amendments thereto, shall be subject to the approval of the supreme judicial court and shall be used by the courts of the commonwealth in determining assignment of cases to the committee pursuant to section 5. In the formulation of the definition, standards and procedures, the committee shall utilize: (1) the reporting system operated by the commissioner of transitional assistance for the purpose of verifying financial eligibility of participants in state or federally funded programs; (2) the accessibility of income data available from the department of revenue; and (3) verifying material assets through the registry of motor vehicles.

Section 2A. (a) A person claiming indigency under section 2 shall execute a waiver authorizing the court's chief probation officer, or the officer's designee, to obtain the person's wage, tax and asset information from the department of revenue, department of transitional assistance and the registry of motor vehicles that the court may find useful in verifying the person's claim of indigency. The waiver shall authorize the chief probation officer, or the officer's designee, to conduct any further reassessment required by this section.

(b) It shall be the responsibility of the chief probation officer assigned to each court to ensure that a person claiming to be indigent meets the definition of indigency under section 2. A person seeking the appointment of counsel shall be interviewed by the chief probation officer or the officer's designee prior to the appointment of counsel. The person conducting the interview shall explain to the person seeking appointment of counsel: (1) the definition of indigency; (2) the process used to verify the person's information with other state agencies; and (3) the penalties for misrepresenting financial information in applying for the appointment of counsel. The officer or the officer's designee conducting the interview shall prepare a written indigency intake report that shall record the results of the interview and state a recommendation on whether or not the person seeking appointment of counsel is indigent. The person seeking appointment of counsel and the officer or the officer's designee conducting the interview shall sign the indigency intake report. In signing the report, the person seeking appointment of counsel shall certify under the pains and penalties of perjury that the information contained therein is true and that the person has not concealed any information relevant to the person's financial status. All statements contained in the report shall be deemed material statements. The completed report shall be presented to a judge who may adopt or reject the recommendations in the report, either in whole or in part.

(c) Appointment of counsel by a court shall, at all times, be subject to verification of indigency by the chief probation officer assigned to each court. The chief probation officer or the officer's designee shall, within 7 business days of appointment of counsel, complete a final report of the financial circumstances of the person for whom counsel was appointed containing wage, tax and asset information. In preparing the final report, the chief probation officer or the officer's designee may access, through electronic sharing of information pursuant to a memorandum of understanding, wage, tax and asset information in the possession of the department ofrevenue and the department of transitional assistance, and any other information relevant to the verification of indigency in the possession of the registry of motor vehicles. These departments shall provide this information to the chief probation officer or the officer's designee upon request. The chief probation officer shall sign the final report, certifying that the person for whom counsel was appointed either continues to meet or no longer meets the definition of indigency. Thereafter, the report shall be filed with the case papers and shall be presented to the judge presiding at the person's next court appearance; provided, however, that if a person for whom counsel was appointed is found to not meet the definition of indigency, a court appearance shall be scheduled as soon as feasible prior to the person's next court appearance if the next court appearance is more than 2 weeks from the date the final report is completed. If, upon receipt of the report, a judge finds that the person for whom counsel was appointed no longer meets the definition of indigency, the judge shall revoke the appointment of counsel and allow such person a reasonable continuance to obtain new counsel.

Not later than 6 months after the appointment of counsel, and every 6 months thereafter, the chief probation officer or the officer's designee shall conduct a further reassessment of the financial circumstances of the person for whom counsel was appointed to ensure that the person continues to meet the definition of indigency. The chief probation officer or the officer's designee shall prepare, sign and file a written report certifying that the person either continues to meet, or no longer meets, the definition of indigency.

(d) If a criminal defendant is charged with a second or further offense while continuing to be represented by court-appointed counsel for a previously charged offense, the court in its discretion shall determine whether any further determination of indigency, other than the bi-annual reassessments required by the defendant's representation for the first offense, need be undertaken. Upon completion of a reassessment, the chief probation officer shall prepare a written report of the officer's findings. The chief probation officer shall sign the report, certifying that the defendant either continues to meet or no longer meets the definition of indigency. The report shall be filed with the case papers and shall be presented to the judge presiding at the defendant's next court appearance. If, upon receipt of the report, a judge finds that the defendant no longer meets the definition of indigency, the judge shall revoke the appointment of counsel and allow the defendant a reasonable continuance to obtain new counsel.

(e) If the court finds that a person has materially misrepresented or omitted information concerning the person's property or assets for purposes of determining indigency and that the person does not meet the definition of indigency, the court shall immediately terminate any assignment or appointment of counsel made under this chapter and shall assess costs of not less than $1,000 against the person.

(f) A person provided counsel under this chapter shall be assessed a counsel fee of $150, which the court may waive only upon a determination from officer's data verification process that the person is unable to pay such $150 within 180 days. If, upon the biannual reassessment of the person's indigency, the court concludes that the person is able to pay the $150 counsel fee of which the person obtained a waiver, the court shall revoke the waiver and reimpose the $150 counsel fee. The fee shall be in addition to any reduced fee required pursuant to section 2.

(g) The court may authorize a person for whom counsel was appointed to perform community service in lieu of payment of the counsel fee. A person seeking to work off a counsel fee in community service shall perform 10 hours of community service, in a community service program administered by the administrative office of the trial court, for each $100 owed in legal counsel fees, which may be prorated. Notwithstanding any general or special law to the contrary, a court proceeding shall not be terminated and the person shall not be discharged if the person owes any portion of the legal counsel fee imposed by this section. The clerk shall not release any bail posted on such court proceeding until the legal counsel fee is satisfied in accordance with this chapter.

(h) The clerk of the court shall, within 60 days of appointment of counsel, report to the department of revenue, the department of transitional assistance and the registry of motor vehicles the amount of any legal counsel fee owed by the person for whom counsel was appointed under this chapter. The department of revenue shall intercept payment of such fee from tax refunds due to persons who owe all or a portion of such fee. The registry of motor vehicles shall not issue or renew a person's driver's license or motor vehicle registration for any vehicle subsequently purchased by such person until it receives notification from the clerk of the court that the fee has been collected or worked off in community service.

(i) The office of the commissioner of probation shall submit quarterly reports to the house and senate committees on ways and means that shall include, but not be limited to: (a) the number of individuals claiming indigency who are determined to be indigent; (b) the number of individuals claiming indigency who are determined not to be indigent; (c) the number of individuals found to have misrepresented wage, tax or asset information; (d) the number of individuals found to no longer qualify for appointment of counsel upon any re-assessment of indigency required by this section; (e) the total number of times an indigent misrepresentation fee was collected and the aggregate amount of indigent misrepresentation fees collected; (f) the total number of times indigent counsel fees were collected and waived and the aggregate amount of indigent counsel fees collected and waived; (g) the average indigent counsel fee that each court division collects; (h) the total number of times an indigent but able to contribute fee was collected and waived and the aggregate amount of indigent but able to contribute fees collected and waived; (i) the highest and lowest indigent but able to contribute fee collected in each court division; (j) the number of cases in which community service in lieu of indigent counsel fees was performed; and (k) other pertinent information to ascertain the effectiveness of indigency verification procedures. The information within such reports shall be delineated by court division, and delineated further by month.

Section 2B. A person charged with a misdemeanor or a violation of a municipal ordinance or bylaw, on motion of the commonwealth, the person or on the court's own motion, shall not be appointed counsel if the judge, at arraignment, informs such person on the record that, if the person is convicted of such offense, the person's sentence shall not include any period of incarceration. For good cause, that judge or another judge of the same court may later revoke such determination on the record and appoint counsel, and on the request such counsel shall be entitled to a continuance to conduct any necessary discovery and to prepare adequately for trial. Any such determination or revocation by a judge shall be endorsed upon the docket of the case.
 

 

Reform Representation of Indigent Defendants-CPCS

SECTION 113.   Said chapter 211D is hereby further amended by striking out sections 6 and 6A, as so appearing, and inserting in place thereof the following 2 sections:-

Section 6. (a) In carrying out its duties as prescribed in section 5, the committee shall utilize its staff of attorneys, which shall be known hereafter as the public defender division. The division shall include a unit to be known as the Roxbury defenders unit, which shall represent clients as assigned pursuant to this chapter in the Roxbury division of the district court department. The public defender division shall be assigned to represent indigent defendants in all criminal cases, except that: (i) the public defender division shall not be assigned to represent more than 1 defendant in any matter before any court on the same case or arising out of the same incident; (ii) the public defender division shall not be assigned to represent a defendant in any case in which there is a conflict of interest with any of its clients; (iii) notwithstanding any general or special law to the contrary, the public defender division shall be assigned in any civil or criminal matter described in subsection (b) if the chief counsel determines in writing that insufficient numbers of qualified attorneys are available for assignment by the private counsel division.

(b) In carrying out its duties as prescribed in section 5, the committee shall establish, supervise and maintain a system for the appointment of private counsel, hereafter called the private counsel division, which shall include a children and family law program and a mental health unit. The committee shall enter into contractual agreements with any state, county or local bar association or voluntary charitable group, corporation or association, including bar advocate groups, for the purpose of providing such counsel. The committee may also contract with such other organized groups of attorneys as may be formed to afford representation to indigent defendants and may appoint and compensate private attorneys, on a case-by-case basis, as counsel for indigents entitled to representation. No individual, member or participant in a group, corporation or association with whom the committee may contract under this paragraph shall be considered to be or have any rights as a state employee.

The private counsel division shall be assigned for all persons accused of crimes entitled to counsel who, through their inability to pay for counsel, shall have counsel appointed to them, but who, pursuant to subsection (a) shall not be represented by the public counsel division.

The private counsel division shall also be assigned to represent persons in such other proceedings as the chief counsel shall determine to be necessary.

Section 6A. In carrying out its duties as prescribed in sections 5 and 6, the committee shall establish a children and family law program which shall, upon the court's appointment, provide representation to indigent persons in children and family law cases. Nothing herein shall be construed to limit the system as established in sections 5 and 6, whereby the court appoints certified private counsel to represent children and parents in the majority of children and family law cases.
 

 

Rates of Compensation Payable to all Counsel

SECTION 115.   Said chapter 211D is hereby further amended by striking out section 11, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-

Section 11. (a) The rates of compensation payable to all counsel, who are appointed or assigned to represent indigents within the private counsel division of the committee in accordance with the provisions of paragraph (b) of section 6, shall, subject to appropriation, be as follows: for homicide cases the rate of compensation shall be $100 per hour; for superior court non-homicide cases, including sexually dangerous person cases, the rate of compensation shall be $60 per hour; for district court cases and children in need of services cases the rate of compensation shall be $50 per hour; for children and family law cases, care and protection cases, sex offender registry cases and mental health cases the rate of compensation shall be $50 per hour. These rates of compensation shall be reviewed periodically at public hearings held by the committee at appropriate locations throughout the state, and notice shall be given to all state, county and local bar associations and other interested groups, of such hearings by letter and publication in advance of such hearings. This periodic review shall take place not less than once every 3 years.

(b) The committee shall set an annual cap on billable hours not in excess of 1,650 hours. Counsel appointed or assigned to represent indigents within the private counsel division shall not be paid for any time billed in excess of the annual limit of billable hours. It shall be the responsibility of private counsel to manage their billable hours.

(c) Any counsel who is appointed or assigned to represent indigents within the private counsel division, except any counsel appointed or assigned to represent indigents within the private counsel division in a homicide case, shall be prohibited from accepting any new appointment or assignment to represent indigents after that counsel has billed 1,350 billable hours during any fiscal year.
 

 

CPCS Reforms

SECTION 116.   Said chapter 211D is hereby further amended by striking out section 12, as appearing in section 88 of chapter 27 of the acts of 2009, and inserting in place thereof the following section:-

Section 12. (a) The committee shall establish policies and procedures to provide fair compensation to private counsel and vendors, which shall include a remedy for an attorney aggrieved by the amount of payment. The committee shall also establish an audit and oversight department to monitor billing and private attorney and vendor compensation. All private attorney invoices shall be processed for payment within 30 days of receipt by the chief counsel, excluding any bills held for review or audit. Bills shall be submitted to the committee within 60 days of the conclusion of a case or, if the case is pending at the end of the fiscal year, within 30 days after the end of such fiscal year. The amount of payment for invoices received by the chief counsel more than 60 days but less than 90 days after the final disposition of the case or more than 30 days but less than 60 days after the end of the fiscal year shall be reduced by 10 per cent. Bills submitted after such date need not be processed for payment within 30 days. For all bills not submitted to the committee within 90 days after the conclusion of a case or, if the case is pending at the end of the fiscal year, within 60 days after the end of the fiscal year, those bills so submitted after such date shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bills, either in whole or in part, upon a determination that the delay was due to extraordinary circumstances beyond the control of the attorney.

(b) Bills shall be submitted to the committee for services provided under sections 27A to 27G, inclusive, of chapter 261 within 60 days of the last date of service or, if the case is pending at the end of the fiscal year, within 30 days after the end of such fiscal year. The amount of payment for invoices received by the chief counsel more than 60 days but less than 90 days after the last date of service or more than 30 days but less than 60 days after the end of the fiscal year shall be reduced by 10 per cent. For all bills not submitted to the committee within 90 days after the last date of service or, if the case is pending at the end of the fiscal year, within 60 days after the end of the fiscal year, those bills so submitted after such date shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bills either in whole or in part upon a determination that the delay was due to extraordinary circumstances beyond the control of the vendor.

(c) The committee may further prescribe such policies and procedures for payment as it deems appropriate; provided, however, that the committee may impose interest and penalties, where appropriate, upon overpayment of the private attorney bills recovered from private attorneys and upon overpayment of vendor bills recovered from vendors.
 

 

Mental Health Legal Advisors Committee Trust

SECTION 118.   Section 34E of chapter 221 of the General Laws is hereby amended by striking out the last paragraph, as appearing in the 2008 Official Edition, and inserting in place thereof the following paragraph:-

The committee shall be eligible for federal funds and may accept gifts, donations, grants, contributions or appropriations, which may be received from any source, public or private, to be held, used or expended for any purpose related to the duties of the committee and, in the case of a grant, in accordance with the terms and conditions of such grant. The committee may enter into contracts to provide or receive services with any federal or state entity, with any group or individual, whether for profit or non-profit, or with any voluntary or charitable group, association or organization including any bar association or foundation. Any such donations, funds, contributions or grants shall be deposited in the Mental Health Legal Advisors Committee Trust.
 

 

Electronic Reproduction of Stenographer Notes

SECTION 119.   Said chapter 221 is hereby further amended by striking out section 88, as most recent amended by section 96 of chapter 27 of the acts of 2009, and inserting in place thereof the following section:-

Section 88. Upon request of the presiding justice or any party, the stenographer shall furnish a transcript of his notes, or any part thereof, taken at a trial or hearing, for which he shall be paid by the party requesting it at the rate of $3 per page for the original and $1 per page for each additional copy ordered at the same time. If requested by a party, the stenographer shall furnish an electronic reproduction at an amount not to exceed $5 for each electronic reproduction requested. All electronic reproductions shall be in an open source format as specified by the office of transcription services. Additional paper copies, if so requested by an indigent person or counsel for an indigent person, shall be paid at $.10 per page. In the event that daily copy is ordered by the presiding justice or any party, the rate shall be $4.50 per page for the original copy and $1.50 per page for each additional copy; provided that, if requested by a party, the stenographer shall furnish an electronic reproduction at an amount not to exceed $5 for each electronic reproduction; and provided further, that additional paper copies, if so requested by an indigent person or counsel for an indigent person, shall be paid at $.10 per page. If a transcript is ordered by the presiding justice or, in a criminal case, by the district attorney, payment therefor shall be made at the same rate by the administrative office of the trial court upon a voucher approved by the presiding justice and, in a criminal case, the charges for transcripts furnished to a justice and to the district attorney shall be taxed like other expenses. If the presiding justice orders that a statement given to the police be transcribed, all parties shall receive a copy and payment therefor shall be made at the same rate by the administrative office of the trial court upon a voucher approved by the presiding justice.
 

 

Partial Payment of Court Fees

SECTION 120.   Section 27C of chapter 261 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subsection:-

(6) If the court makes a finding that the applicant could reasonably pay part of the normal fees and costs or extra fees and costs, the court may assess a reasonable partial payment towards said fees or costs and a date by which same is to be paid by the applicant. The court shall not order partial payment without first holding a hearing thereon, and if there is an appeal pursuant to section 27D following such an order, the court shall, within 3 days, set forth its written findings and reasons justifying the order of partial payment, which document shall be part of the record on appeal.
 

 

State College Definition

SECTION 121.   Section 1 of chapter 703 of the acts of 1963 is hereby amended by striking out paragraph (h), as appearing in section 78 of chapter 189 of the acts of 2010, and inserting in place thereof the following paragraph:-

(h) "State college", any of the public institutions of higher education in the state university segment or the community college segment established in section 5 of chapter 15A.
 

 

State College Building Authority to Include Community Colleges

SECTION 122.   The first sentence of section 3 of said chapter 703, as appearing in section 2 of chapter 290 of the acts of 1998, is hereby amended by inserting after the word "commonwealth", in line 13, the following words:- ; provided, however, that the Authority shall not provide housing facilities at community colleges unless the board of higher education authorizes the action.
 

 

State College Building Authority to Include Community Colleges

SECTION 123.   The fourth sentence of section 6 of said chapter 703, as appearing in section 24 of chapter 120 of the acts of 2009, is hereby amended by striking out, in line 4, the words "any applicable state college" and inserting in place thereof the following words:- 1 or more state colleges, as appropriate.
 

 

State College Building Authority to Include Community Colleges

SECTION 124.   The first sentence of the first paragraph of section 18A of said chapter 703 is hereby amended by striking out, in lines 13 to 15, inclusive, as appearing in section 10 of chapter 258 of the acts of 2008, the words ", and amounts described in clause (ii) shall be used only to prevent a default by the Authority in connection with indebtedness incurred by the Authority on behalf of the applicable state college".
 

 

Gate Shows

SECTION 125.   Paragraph (d) of section 15 of chapter 152 of the acts of 1997, as appearing in section 5 of chapter 256 of the acts of 2006, is hereby amended by striking out, in lines 3 and 4, the words "250,000 gross square feet or more of the center's exhibition space" and inserting in place thereof the following words:- 160,000 gross square feet or more of the center's exhibition space; provided, however, that the Massachusetts Convention Center Authority shall conduct a traffic study associated with increased gate show activity and its effect on the South Boston district of the city of Boston.
 

 

Fishing Partnership Health Plan

SECTION 126.   Chapter 47 of the acts of 1997 is hereby amended by striking out section 22, as most recently amended by section 35 of chapter 61 of the acts of 2007, and inserting in place thereof the following section:-

Section 22. Notwithstanding any general or special law to the contrary, in fiscal years 2012 to 2016, inclusive, the division of health care finance and policy shall allocate $1,000,000 annually for a Fishing Partnership Health Plan Corporation project that shall provide services to fishermen and fishing families; provided, that such services shall include, but not be limited to, assisting fishermen and fishing families in obtaining health insurance coverage.
 

 

Workforce Training Trust Fund

SECTION 128.   Section 20A of said chapter 175 is hereby repealed
 

 

Workforce Training Trust Fund

SECTION 129.   Section 25 of said chapter 175 is hereby repealed
 

 

Improve Department of Environmental Protection Efficiencies

SECTION 130.   Section 43 of chapter 206 of the acts of 1998 is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:- The department of environmental protection shall perform a targeted audit of a statistically significant number, as determined by the department, of sites at which an activity and use limitation has been implemented in order to ensure that response actions not overseen or conducted by the department are performed in compliance with chapter 21E of the General Laws and regulations adopted thereunder. In determining the statistically significant number, the department shall take into account the need for audits to ensure a high level of compliance with said chapter 21E and the Massachusetts Contingency Plan promulgated pursuant to said chapter and the need to target audit resources in the most efficient and effective manner.
 

 

Active Duty Public Employees - Salary Differential

SECTION 131.   Section 21 of chapter 137 of the acts of 2003, as appearing in section 77 of chapter 182 of the acts of 2008, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Section 1 shall expire on September 11, 2014.
 

 

MCO Substance Abuse Benefits

SECTION 132.   Section 113 of chapter 58 of the acts of 2006 is hereby amended by inserting after the word "measurements", in line 22, the following words:- ; provided, however, that substance abuse benefits shall instead obtain the approval of the commissioner of public health.
 

 

MWRA Fringe Exemption

SECTION 133.   Chapter 122 of the acts of 2006 is hereby amended by striking out section 130 and inserting in place thereof the following section:-

Section 130. Notwithstanding any general or special law or regulation to the contrary, the state comptroller shall grant a permanent waiver or exemption from all applicable charges or assessments made against the Water Supply Protection Trust by the office of the comptroller pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws; provided, however, that beginning in fiscal year 2012, the Water Supply Protection Trust shall be liable to pay those charges that represent the fringe benefits for department of conservation and recreation personnel that either dedicate their full time and attention to watershed protection activities or spend some portion of their time indirectly supporting the department's watershed protection activities.
 

 

Natural Heritage and Endangered Species Program Waiver

SECTION 134.   Section 144 of said chapter 122 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. The Secretary is prepared to exercise his discretion when appropriate.

 

Reimbursement for Communities Affected by RGGI

SECTION 135.   Section 114 of chapter 169 of the acts of 2008 is hereby amended by striking out, in line 3, the figure "2011" and inserting in place thereof the following figure:- 2016.
 

 

Improve Present Tax Laws

SECTION 136.   Subsection (2) of section 95 of chapter 173 of the acts of 2008 is hereby amended by striking out, in line 2, the figure "2012" and inserting in place thereof the following figure:- 2013.
 

 

Extend Authority to Terminate and Renegotiate Leases

SECTION 137.   Section 23 of chapter 5 of the acts of 2009 is hereby amended by striking out the figure "2011", inserted by section 115 of chapter 131 of the acts of 2010, and inserting in place thereof the following figure:- 2012.
 

 

Postpone Regional Transit Authority Forward Funding

SECTION 138.   Section 152 of chapter 25 of the acts of 2009 is hereby amended by striking out, in line 4, the figure "2011" and inserting in place thereof the following figure:- 2013.
 

 

Medicaid Nursing Home Rates

SECTION 139.   Item 4000-0640 of section 2 of chapter 131 of the acts of 2010 is hereby amended by striking out the words "and provided further, that notwithstanding any general or special law to the contrary, contingent upon receipt of not less than $27,200,000 in TANF contingency funds authorized by Title IV, section 403(b) of the Social Security Act, the division shall establish nursing facility supplemental Medicaid rates and that a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011" , added by section 51A of chapter 359 of the acts of 2010, and inserting in place thereof the following words:- provided further, that the division shall establish additional nursing facility supplemental Medicaid rates that cumulatively total $27,000,000 which shall be distributed as supplemental nursing facility Medicaid rates; provided further, that not less than $2,800,000 shall be expended as incentive payments to nursing facilities meeting the criteria determined by the MassHealth Nursing Facility Pay for Performance, or P4P, Program in 114.2 CMR 6.07 and that have established and participated in a cooperative effort in each qualifying nursing facility between representatives of employees and management that is focused on implementing that criteria and improving the quality of services available to MassHealth members, and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2012.
 

 

Medicaid Nursing Home Rates

SECTION 140.   Said item 4000-0640 of said section 2 of chapter 131, as most recently amended by said section 51A of said chapter 359, is hereby further amended by striking out the figure $288,500,000 and inserting in place thereof the following figure:- $318,300,000.
 

 

Operating transfer to the Commonwealth Care Trust Fund

SECTION 141.   Section 2E of chapter 131 of the acts of 2010 is hereby amended by striking out item 1595-5819 and inserting in place thereof the following item:-

1595-5819.. For an operating transfer to the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29 of the General Laws, notwithstanding the requirement that transfers be completed no later than June 30, 2011 in the introductory paragraph of this section; provided, that up to $30,000,000 shall be transferred from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund, established under section 36 of chapter 118G of the General Laws; provided further, that the hospital fiscal year 2011 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund; provided further, that payments may be made either as safety net care payments under the commonwealth's section 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof; provided further, that the executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund; provided further, that the secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector authority, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded by the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures; provided further, that the secretary of administration and finance shall report any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund to the house and senate committees on ways and means and the joint committee on healthcare financing within 30 days of the proposed transfer; and provided further, that notwithstanding any general or special law to the contrary, that amounts transferred from the General Fund to the Commonwealth Care Trust Fund pursuant to this item shall be made available to support the costs of the Commonwealth Care and Commonwealth Care Bridge subsidized health insurance programs until June 30, 2012 .....................................................739,011,822
 

 

Immigration - MassHealth Use of SAVE System

SECTION 142.   Said chapter 131 is hereby further amended by striking out section 183 and inserting in place thereof the following section:-

(a) Notwithstanding any general or special law to the contrary, the office of Medicaid within the executive office of health and human services shall: (i) continue to 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 MassHealth applicants declaring to be United States citizens or nationals; and (ii) register for the federal Systematic Alien Verification for Entitlements, or SAVE, system and shall use that system to verify whether MassHealth applicants whose documentation is not available or is questionable are qualified aliens for benefit eligibility purposes.

(b) The office of Medicaid shall, on or before December 31, 2011, provide a written report to the senate and house committees on ways and means and the executive office for administration and finance detailing the specific steps it has undertaken to implement SAVE, the other departments it worked with to implement such steps and, if it was unable to implement the program by that date, the specific reasons it has been unable to implement the SAVE program as required by this section and a proposed schedule for implementation. Should the office of Medicaid find that it is not able to implement the SAVE system prior to January 1, 2012, it shall continue to undertake all reasonable, cost-effective measures to verify the eligibility of applicants, including ensuring eligibility on the basis of citizenship, during all times it is not implementing the SAVE system and shall continue to implement a cost effective system that utilizes SAVE.

(c) Consistent with federal and state law and notwithstanding clause (ii) of subsection (a), the registration for the SAVE system pursuant to this section may be incorporated into a system for the executive office of health and human services and all agencies organized therein to determine common eligibility standards for applicants; provided, however, that such system shall include registration for the SAVE system. Nothing in this section shall be construed to prevent the development of a system of common eligibility standards that includes additional agencies outside the executive office of health and human services; provided, however, that such system shall include registration for the SAVE system. Annually, on or before December 31, or as further developments warrant, the executive office of health and human services or the executive office for administration and finance shall report to the senate and house committees on ways and means the status of efforts to implement a system to determine common eligibility standards for applicants.

(d) Annually, on or before December 31, 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.
 

 

Immigration - Unemployment Assistance Fix

SECTION 143.   Section 184 of said chapter 131 is hereby amended by striking out clause (5).
 

 

Extend Authority to Terminate and Renegotiate Leases

SECTION 144.   Section 195 of said chapter 131 is hereby amended by striking out the figure "2011" and inserting in place thereof the following figure:- 2012.
 

 

Allow Medical Security Trust Fund Deficit for Fiscal Year 2012

SECTION 145.   Section 124 of chapter 359 of the acts of 2010 is hereby amended by striking out the words "and June 30, 2011" and inserting in place thereof the following words:- , June 30, 2011 and June 30, 2012.
 

 

Procurement Reform Savings

SECTION 146.   Whenever the secretary of administration and finance determines that procurement reforms or initiatives have resulted in cost savings for an agency of the executive department during fiscal year 2012, the secretary may reduce allotments under section 9B of chapter 29 of the General Laws to reflect some or all of the amounts saved, and within 15 days shall notify in writing the house and senate committees on ways and means. The total amount of such allotment reductions shall not exceed $25,000,000 in fiscal year 2012.
 

 

Nursing and Resident Care Facility Base Year

SECTION 147.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective July 1, 2011, under section 7 of chapter 118G of the General Laws may be developed using the costs of calendar year 2005.
 

 

Inspector General's Health Safety Net Audit Unit

SECTION 148.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2012, 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 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 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, 2012. For the purposes of these audits, allowable free care services shall be defined pursuant to said chapter 118G and any regulations adopted thereunder.
 

 

Fund Transfers

SECTION 149.   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, 2011, 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.
 

 

Extend Authorizations to Transfer Trust Balances and Tobacco Payments

SECTION 150.   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 2012 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 2012 from the Health Care Security Trust, as certified under paragraph (f) of said section 3 of said chapter 29D, to the General Fund.
 

 

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 2012.
 

 

Extend Transfer Trust, Account Balances and Tobacco Settlement Payment

SECTION 152.   Notwithstanding section 1 of chapter 29D of the General Laws or any other general or special law to the contrary, 10 per cent of all payments received by the commonwealth in fiscal year 2013 under 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 State Retiree Benefits Trust Fund, and the balance of funds received in fiscal year 2013 shall be deposited in the General Fund. The amount of these payments to be deposited in the State Retiree Benefits Trust Fund shall be increased by 10 percentage points in fiscal year 2014 and in each subsequent fiscal year until the amount to be deposited reaches 100 per cent of the payments.
 

 

Pension Cost of Living Adjustment

SECTION 153.   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 by 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 municipalities 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.
 

 

MASS DOT Spending of Snow and Ice

SECTION 154.   (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation may incur liabilities and make expenditures in fiscal year 2012 in excess of funds available to the department for snow and ice removal; provided, that such expenditures are approved by the secretary of transportation in consultation with the secretary of administration and finance; provided, further, that no expenses shall be made in excess of funds available until $50,000,000 has been expended for snow and ice removal in fiscal year 2012; provided, further, that the negative balance of funds available for snow and ice removal shall not exceed $30,000,000 at any time; provided, further, that the state comptroller may certify for payment invoices in excess of funds available to the department; and provided, further, that any such payment that would result in a deficiency shall be pre-approved by the secretary of transportation in consultation with the secretary of administration and finance.

(b) The department shall, on or before May 1, 2012, report to the executive office for administration and finance and the house and senate committees on ways and means the total amounts budgeted and expended for snow and ice removal; provided, that the department shall seek appropriations, as required, to cure deficiencies resulting from the removal of snow and ice for the fiscal year ending June 30, 2012.
 

 

Stabilization Fund Transfers

SECTION 155.   (a) Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2012, transfer $200,000,000 to the General Fund from the Commonwealth Stabilization Fund; provided, however, the comptroller shall instead transfer a lesser amount if the secretary of administration and finance so requests in writing. 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.

(b) Notwithstanding clause (a) of section 5C of chapter 29 of the General Laws or any other general or special law to the contrary, during fiscal year 2012 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, as required by said clause (a). However, upon written certification by the secretary of administration and finance that there are sufficient funds to make some or all of the transfer required under said clause (a), the comptroller shall so transfer the amount certified. 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 under this subsection. 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.

(c) Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2012, transfer the interest earned from the Commonwealth Stabilization Fund during fiscal year 2012 to the General Fund.
 

 

Inspector General MassHealth Audit

SECTION 156.   The inspector general shall expend funds from the Health Safety Net Trust Fund, established in section 36 of chapter 118G of the General Laws, to conduct a study and review of the Massachusetts Medicaid program. The study shall include, but not be limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall report any preliminary findings to the secretary of health and human services and the house and senate committees on ways and means on or before October 3, 2011, and issue a final report on or before March 1, 2012.
 

Veto Explanation:
I am vetoing this section because it expends scarce program funds from the Health Safety Net Trust Fund. I do not object to an audit of MassHealth by the Inspector General using other available funds.

 

Suspension of Tourism Formula

SECTION 157.   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 2012.
 

 

Transfer Certain Proceeds to General Fund

SECTION 158.   Notwithstanding any general or special law to the contrary, the department of environmental protection shall transfer $3,000,000 of funds previously appropriated or loans repaid as a result of item 1231-1020 of section 2 of chapter 151 of the acts of 1996, as amended by section 54 of chapter 365 of the acts of 1996, to the General Fund on account of fiscal year 2012.
 

 

MHFA transfer

SECTION 159.   Notwithstanding any general or special law to the contrary, the Massachusetts Housing Finance Agency shall, on or before June 30, 2012, transfer not more than $5,400,000 of loan repayment proceeds received under section 27 of chapter 23B of the General Laws to the comptroller to be credited to the General Fund on account of fiscal year 2012.
 

 

Tax Expenditure Commission

SECTION 160.   Notwithstanding any general or special law to the contrary, there shall be established a tax expenditure commission that shall review and evaluate the administration and fiscal impact of tax expenditures, as defined in section 1 of chapter 29 of the General Laws, and make recommendations to the General Court on the administrative efficiency and cost benefit of tax expenditures. The commission shall consider the public policy objectives behind the grant of any tax expenditure, the metrics for measuring success in meeting those objectives and the need for additional reporting, sunset or clawback provisions. A report of the commission's findings shall be filed with the general court on or before April 30, 2012, which shall include any recommendations regarding changes to the administration or evaluation of current tax expenditures and criteria for evaluating proposals for new tax expenditures.

The commission shall be comprised of the secretary of administration and finance or the secretary's designee, who shall serve as chair; the state auditor or the auditor's designee; the state treasurer and receiver general or the treasurer's designee; the minority leader of the house of representatives or the house leader's designee; the minority leader of the senate or the senate leader's designee; the chair of the house committee on ways and means or the chair's designee; the chair of the senate committee on ways and means or the chair's designee; the house and senate chairs of the joint committee on revenue or their respective designees; and 2 members of the governor's council of economic advisors, as designated by the governor, who shall have an expertise in economics or tax policy.
 

 

MassHealth Program Changes

SECTION 161.   Notwithstanding section 53 of chapter 118E of the General Laws or any other general or special law to the contrary, the secretary of health and human services may manage the MassHealth program within the appropriated levels in items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0950, 4000-0990, 4000-1400 and 4000-1405 by restructuring benefits to the extent permitted by federal law; provided, however, that notwithstanding any general or special law to the contrary, at least 90 days before restructuring any MassHealth benefits, the secretary shall file a report with the executive office for administration and finance and the house and senate committees on ways and means detailing the proposed changes and the anticipated fiscal impact of those changes.
 

 

MassHealth Program Changes

SECTION 162.   Notwithstanding any general or special law to the contrary, the secretary of health and human services may make expenditures for which federal reimbursement is unavailable for: (1) the equivalent of MassHealth Standard benefits for children under age 21 who are in the care or custody of the department of youth services or the department of children and families; and (2) dental benefits provided to clients of the department of developmental services who are age 21 or over.
 

 

MassHealth and Commonwealth Care Dental Services

SECTION 163.   (a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2012, 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; provided, however, that notwithstanding any general or special law to the contrary, at least 90 days before restructuring any MassHealth dental benefits, the executive office shall file a report with the executive office for administration and finance and the house and senate committees on ways and means detailing the proposed changes and the anticipated fiscal impact of such changes.

(b) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2012, 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/Health and Human Services Interagency Service Agreements

SECTION 164.   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 by the executive office for administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2012; provided, however, contingency fees paid to the University of Massachusetts medical school under 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 2012. 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 Payment to Qualifying Acute Care Hospitals

SECTION 165.   Notwithstanding any general or special law to the contrary, on or before October 3, 2011 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, in this section called the fund, the greater of $45,000,000 or one-twelfth of the total expenditures to hospitals and community health centers required pursuant to this act, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2011. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the fund. The comptroller shall transfer from the fund to the General Fund on or before June 30, 2012, the amount of the transfer authorized by this section and any allocation of that amount as certified by the director of the health safety net office.
 

 

Commonwealth Care Bridge Program Reauthorization

SECTION 166.   (a) Notwithstanding any general or special law to the contrary and except as provided in subsection (b), 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 2012.

(b) Notwithstanding any general or special law to the contrary, 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, 2011 to June 30, 2012, inclusive. The plan may be contracted for selectively from the health plans that contracted in fiscal year 2011 to provide insurance coverage to commonwealth care or MassHealth enrollees. Notwithstanding any general or special law to the contrary, 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, operate the plan using any additional resources in the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws, including but not limited to, savings from the procurement of the Commonwealth Care Program, increased cigarette tax revenue and any surpluses in the Commonwealth Care Trust Fund from prior fiscal years. Total state expenditures for providing coverage to all such persons, net of enrollee contributions and any federal financial participation, shall not exceed resources available in the trust fund not required to fund coverage of commonwealth care; provided that this shall not result in a reduction of services to commonwealth care enrollees. Total state appropriation to support coverage to all such persons shall not exceed $42,000,000 for fiscal year 2012. 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 2012 will exceed available funding, 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 $42,000,000 from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund for the cost of health safety net claims for these individuals.
 

 

Civic Engagement Commission Sunset

SECTION 167.   Notwithstanding any general or special law to the contrary, the special commission on civic engagement and learning, established under section 106 of chapter 182 of the acts of 2008, is hereby revived and continued; provided, however, that the commission shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry out its recommendations, by filing the same with the clerks of the senate and the house and the joint committee on education on or before December 31, 2012.
 

 

Regional PSAP Waiver

SECTION 168.   Notwithstanding any general or special law to the contrary, the state comptroller shall grant a 1-time waiver or exemption from applicable charges or assessments made against grants disbursed from the Enhanced 911 Fund to the Berkshire sheriff's department regional 911 communications center pursuant to its authority under sections 5D and 6B of chapter 29 of the General Laws; provided, however, that a waiver or exemption shall not be granted without the written approval of the secretary of administration and finance.
 

 

DMH Trust Fund Contribution

SECTION 169.   Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the commissioner of mental health, transfer $10,000,000 from trust funds established pursuant to section 16 of chapter 19 of the General Laws to the General Fund within 30 days from the effective date of this act.
 

 

Transfer of Funds to the General Fund

SECTION 170.   Notwithstanding any general or special law to the contrary, the funds and associated interest transferred to the former Massachusetts Turnpike Authority in item 1599-1975 of section 2 of chapter 192 of the acts of 2006 shall be transferred to the General Fund by the Massachusetts Department of Transportation; provided, however, that any transfer under this section shall be made by the comptroller in accordance with a transfer schedule to be developed by the comptroller, after consulting with the secretary of transportation, the secretary of administration and finance and the state treasurer. All transfers under the schedule shall be completed on or before September 30, 2011.
 

 

Life Sciences Transfer from FY11 Surplus

SECTION 171.   (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 2011 as follows: (i) the comptroller shall transfer $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws; and (ii) the remaining balance shall be transferred from the General Fund to the Commonwealth Stabilization Fund.

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

 

DOC Medical Services Re-procurement Study

SECTION 172.   Notwithstanding any general or special law to the contrary, the department of correction shall reprocure all food, commissary and medical services provided at all institutions. The department shall solicit new bids for such services in accordance with applicable state law and may utilize alternative procurement methods including, but not limited to, specialized vendor prequalification, cooperative procurements, competitive negotiations and brand name solicitations; provided, further, that in executing the reprocurement of such services, the department shall notify the sheriffs in each of the departments of the county sheriffs who may elect to participate in the reprocurement for such services.
 

 

Reform Representation of Indigent Defendants-CPCS

SECTION 173.   Notwithstanding any general or special law to the contrary, the term of the sitting members of the committee for public counsel services shall expire 90 days after the effective date of this act. The governor, the senate president, the speaker of the house of representatives and the justices of the supreme judicial court shall make their appointments to the committee within the 90 days; provided, however, that of the members initially appointed, 2 shall be appointed by the governor for terms of 1 year, 2 shall be appointed by the speaker for terms of 2 years, 2 shall be appointed by the senate president for terms of 2 years and 9 shall be appointed by the justices of the supreme judicial court for terms of 4 years. Nothing in this section shall preclude the reappointment of a sitting member of the committee.
 

 

Reform Representation of Indigent Defendants-CPCS

SECTION 174.   Notwithstanding the provisions of section 41C of chapter 7 or any general or special law to the contrary, in the interest of providing immediate and cost-effective office space, the committee for public counsel services, established under chapter 211D of the General Laws, may lease buildings and land owned by a county, city or town, or public and private entity to provide suitable quarters and space for committee personnel and necessary related activities such as parking; provided, however, that the division of capital asset management and maintenance shall identify any office space that may be vacated by the staffing plan implemented pursuant to item 0321-1500 and shall prioritize use for committee personnel. The chief counsel shall be responsible for negotiating leases between the committee and other parties; provided, however, that prior to the signing of any agreement, the terms of the lease shall be submitted to the division of capital asset management and maintenance for review and comment. No payments for rent shall exceed the prevailing rent a commercial establishment would pay for comparable space in that geographic area, excluding that portion of said prevailing rent attributable to property taxes. Every county, city, or town which receives rental payments pursuant to this section shall submit a schedule to the committee and the division detailing the cost of maintenance, repairs, utilities and debt service on the rented facilities.
 

 

Housing Refinancing Study Commission

SECTION 175.   Notwithstanding any general or special law to the contrary, there shall be a commission to study the feasibility of providing home mortgage refinancing assistance to non-delinquent homeowners. The commission shall consist of the following members: the executive director of Massachusetts Housing Finance Agency, who shall serve as chair of the commission; the state treasurer or a designee; the senate chair of the joint committee on financial services; the house chair of the joint committee on financial services; a member to be appointed by the house minority leader; a member to be appointed by the senate minority leader; the commissioner of banks or a designee; and 2 members appointed by the governor, , 1 of whom shall be a representative of the Massachusetts credit union league and 1 of whom shall be a representative of the Massachusetts bankers association. The commission shall conduct a comprehensive review and evaluation of providing refinancing assistance for residents of the Commonwealth who, due in part to a loss of income, a depreciation in the value of their real estate, or the current refinancing exposure criteria as established by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, are unable to refinance at a lower market interest rate. The commission's study shall include, but may not be limited to, the feasibility of establishing a fund encumbered by the commonwealth to be pledged to the Massachusetts Housing Finance Agency as a mortgage refinance guarantee. The commission shall submit its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect by filing the same with the governor, the clerks of the house of representatives and senate, and the joint committee on financial services, on or before December 31, 2012.
 

 

Reform Representation of Indigent Defendants-CPCS

SECTION 176.   The commissioner of probation shall examine the costs and feasibility of establishing an indigency verification system that would determine whether a person is indigent pursuant to section 2A of chapter 211D of the General Laws the same day of a person's claim of indigency. The commissioner shall report the costs associated with the implementation of such a system and any other recommendations to the house and senate committees on ways and means on or before December 31, 2011.
 

 

Electronic Verification System

SECTION 177.   The office of the commissioner of probation, the department of revenue and the department of transitional assistance shall enter into a memorandum of understanding, which may be amended from time to time, establishing an electronic verification system, capable of verifying, within 7 business days of appointment of counsel, a person's claim of indigency, based on wage, tax and asset information. A copy of the memorandum of understanding shall be submitted to the clerks of the house of representatives and senate not later than October 31, 2011.
 

 

Prescription Drug Waste

SECTION 178.   The department of public health, in consultation with the board of registration in pharmacy, shall provide to the joint committee on health care financing and the joint committee on public health, on or before April 1, 2012, a report with any legislative recommendations relative to issues of implementing the programs established under subsection (p) of section 70E of chapter 111 of the General Laws and section 25I of said chapter 111, including, but not limited to, savings and costs related to the implementation of the programs established and recommendations related to penalties for violations of subsection (p) of section 70E of said chapter 111 and section 25I of said chapter 111.
 

Veto Explanation:
I am vetoing this section because it requires a study of the implementation of sections 81 and 82, which I believe are unnecessary and have vetoed.

 

Prescription Drug Waste

SECTION 179.   Notwithstanding any general or special law to the contrary, the department of public health, in consultation with the department of environmental protection, shall make an investigation and study regarding the issue of pharmaceutical drug waste and its effect on the environment in the commonwealth. The department shall report on the following: (1) the estimated quantity of pharmaceutical drug waste in the commonwealth; (2) the quantity of such waste that may be recovered prior to disposal; (3) the methods and techniques used in other states or local governments to reduce the amount of pharmaceutical drug waste and identify model programs used to recover or recycle such waste; and (4) the efforts of pharmaceutical drug industry to mitigate waste through consumer support or take-back programs. The department shall make recommendations, consistent with its report, regarding: (1) the feasibility of expanding a drug recycling program similar to that prescribed in section 25I of chapter 111 of the General Laws to all consumers; (2) the feasibility of adopting similar programs adopted by other states or local governments to reduce drug waste; and (3) the feasibility of the department assisting municipal governments to establish local programs to reduce such waste. The department shall make its report and recommendations, together with legislation to implement those recommendations, by filing the same with the clerks of the senate and house on or before April 1, 2012.
 

Veto Explanation:
I am vetoing this section because the department has already completed a similar study and a new investigation and study would expend scarce department funds and resources and also require the acquisition of data that is not easily available and would be costly to obtain.

 

Umass-Boston Mediation Study

SECTION 180.   (a) The University of Massachusetts at Boston, through its office of dispute resolution, shall conduct a study of the effectiveness of community mediation to broaden public access to dispute resolution. The study shall inform state-level planning and decision-making to support and build upon existing infrastructure and enable investment in sustainable community mediation programming within the commonwealth in the coming years. For purposes of this study, "community mediation" shall mean mediation service programs of a private non-profit or public agency that: (i) use trained community volunteers and serve the public regardless of ability to pay; (ii) promote collaborative community relationships and public awareness; and (iii) provide a dispute resolution forum and alternative to the judicial system at any stage of a conflict.

(b) The study shall include, but not be limited to:

(i) a review of community mediation research, studies and data within the commonwealth and other states and countries in order to identify cost savings and economic, social, health and environmental benefits from community mediation, in some or all of the following areas: civil small claims and consumer disputes; family, divorce, child custody and visitation disputes; permanency and open adoption cases; landlord-tenant disputes and housing foreclosure cases; neighborhood conflicts around noise and property boundaries; school-related disputes; minor criminal and victim-offender restorative justice cases; interpersonal workplace disputes; and large-group disputes around public policy, environmental and community issues;

(ii) a review and assessment of the historic and current legislative and public funding structures for community mediation within the commonwealth;

(iii) a review of successful models for public funding of community mediation in other states and recommendations for potential applicability to the commonwealth;

(iv) preliminary design of a state-of-the-art performance-based community mediation funding framework within the commonwealth for state appropriations, government grants and private foundation awards that support programming where there is an identifiable public nexus;

(v) recommendations for the infrastructure and resources needed to oversee and administer such a funding framework and recommendations for implementation steps and timeframes; and

(vi) recommendations for the establishment of an inter-governmental and cross-sector advisory committee to oversee implementation and administration of community mediation funding and programming.

(c) The study shall be completed and submitted to the chairs of the house and senate committees on ways and means and the secretary of administration and finance on or before January 1, 2012.
 

 

Lyme Disease Special Commission

SECTION 181.   There shall be a special commission to conduct an investigation and study of the incidence and impacts of Lyme disease and other tick-borne diseases in the commonwealth including, but not limited to, anaplasmosis, babesiosis, bartonellosis, and ehrlichiosis.

The commission shall consist of 21 members: 3 members of the senate, 1 of whom shall be appointed by the senate minority leader; 3 members of the house of representatives, 1 of whom shall be appointed by the house minority leader; the commissioner of the department of public health or a designee; the commissioner of the division of health care finance and policy or a designee; the director of the state laboratory institute or a designee; the state epidemiologist or a designee; 2 public members who shall be patients or family members of patients, 1 of whom shall be appointed by the senate and 1 of whom shall be appointed by the house of representatives; and 9 members to be appointed by the governor, 1 of whom shall be a physician specializing in infectious diseases, 1 of whom shall be a professional member of the International Lyme and Associated Diseases Society, 2 of whom shall be experts in the treatment or research of Lyme disease, 2 of whom shall be members of Lyme and other tick-borne diseases organizations representing diverse regions of the commonwealth and 3 of whom shall be members of local boards of health from different Lyme endemic areas of the state.

The study shall include, but not be limited to, a cost-benefit analysis of: (i) conducting a Lyme disease public health clinical screening study in high risk regions; (ii) developing education materials and training resources for detecting signs and symptoms of tick-borne illnesses in school-aged populations, to be used by clinical providers and school health personnel; (iii) statewide surveillance and testing for tick-borne diseases in both Ixodes scapularis, or the black-legged deer tick, and Amblyomma americanum, or Lone Star ticks; and (iv) educating the medical community about research on all aspects of Lyme disease, both acute and chronic. The commission shall also investigate the availability of grants and federal funds for the study of Lyme disease and other tick-borne diseases to determine if future action is feasible and warranted to support Lyme and tick-borne diseases research in the commonwealth. The commission shall review mandatory reporting procedures to promote improved compliance both for CDC-positive and clinically diagnosed cases of Lyme disease and associated tick-borne co-infections.

The commission shall report the results of its investigation and study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, by filing the same with the clerks of the senate and house of representatives, who shall forward the same to the joint committee on public health and the house and senate committees on ways and means on or before April 1, 2012.
 

 

MassDOT Study of Surplus Land

SECTION 182.   Notwithstanding any general or special law to the contrary, the secretary of the Massachusetts Department of Transportation, in consultation with the commissioner of the division of capital asset management, shall study and assess the current market value of real property under the ownership, possession and control of the Massachusetts Department of Transportation, including, but not limited to, any land or buildings previously owned by the Massachusetts turnpike authority, and determine whether such assets are surplus to the operation of the Massachusetts Department of Transportation, as defined by section 1 of chapter 6C of the General Laws. The department shall submit the results of the study to the executive office for administration and finance and the house and senate committees on ways and means on or before July 1, 2012.
 

 

HSN Claims Editing

SECTION 183.   Notwithstanding any general or special law to the contrary, the division of health care finance and policy shall, not later than June 30, 2012, ensure the following: (i) that Medicare-like claims editing is fully and effectively implemented and used to determine reimbursements from the Health Safety Net Trust Fund; and (ii) that claims editing is effectively used to reduce the occurrence of payments for medically unnecessary services, medically unlikely events, and duplicate services.
 

 

Chapter 70 Minimum Local Contribution

SECTION 184.   (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, 2012. 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, 2011, for an adjustment of its minimum required local contribution and net school spending.

(c) If an appeal 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, 2012, 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 appeal 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, 2011, for an adjustment to its net school spending requirement. If an appeal 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 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 2012 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
 

 

Quinn Commission

SECTION 185.   There shall be established a commission to investigate and report on current funding levels and municipal contractual obligations established by section 108L of chapter 41 of General Laws, known as the police career incentive pay program. The commission shall be composed of 7 members, 1 appointed by the speaker of the house of representatives, 1 appointed by the senate president, 1 appointed by the minority leader of the house of representatives, 1 appointed by the minority leader of the senate, the secretary of the executive office public safety and security, a representative from the Massachusetts chiefs of police association and a representative from the Massachusetts municipal association. The commission shall file a report with its findings and any legislative recommendations with the house and senate clerks on or before April 30, 2012.
 

 

Trial Court Transferability

SECTION 186.   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 30, 2012, 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, and 0339-1003, 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.
 

 

Cape Cod Build-Out and Wastewater Cost Analysis

SECTION 187.   Notwithstanding any general or special law to the contrary, subject to appropriation, the Cape Cod Commission or its designee, with assistance from the Cape Cod public water purveyors and local assessors, shall compile relevant land use data in each town and water usage in Cape Cod area water districts.

These data shall be used by the Cape Cod Commission or its designee to conduct a build-out analysis for Cape Cod for the purposes of, but not limited to: (i) identifying opportunities to save an estimated $2,000,000,000 to provide wastewater treatment for existing development by pursuing regional wastewater treatment solutions; (ii) identifying high density development in nitrogen-sensitive watersheds that cross town boundaries to provide an opportunity to develop multi-town infrastructure resulting in savings to taxpayers to be in compliance with the United States Environmental Protection Agency; and (iii) identifying the costs of providing wastewater treatment for new growth, under different growth scenarios, and provide decision makers with the tools to make informed decisions about the cost of promoting new growth in various locations. Such analysis shall be eligible to receive funds from the commonwealth provided any such funds are matched with local funds.

Results of the analysis shall be made public and shall provide a model for communities to pursue regional wastewater options that satisfy environmental regulatory requirements in the most efficient and cost effective manner.
 

 

Sheriff Funding Sources

SECTION 188.   On or before January 1, 2012, each sheriff shall, in consultation with the comptroller, report to the house and senate committees on ways and means and the secretary of administration and finance all funding sources, excluding state appropriations, for fiscal year 2011. The report shall include, but not be limited to, all monies from: (1) gifts, grants and donations from public or private sources; (2) federal reimbursements and grants; (3) interest earned on accounts; (4) sales of surplus real or personal property; (5) revenues generated by commissary accounts used for the sale or purchase of goods or services to persons in correctional facilities; (6) gifts, grants, donations, reimbursements or other revenues carried over from prior fiscal years; (7) revenues derived from the service of process and enforcement of court judgments under chapter 37 of the General Laws and chapter 224 of the General Laws; and (8) revenues derived from contracts or other agreements with public or private entities, including contracts with the office of probation pursuant to chapter 211F of the General Laws. The report shall detail the amount of funds collected and expended, and shall include the criteria used to expend the funds.
 

 

Criminal Justice Commission

SECTION 189.   There shall be a special commission to study the commonwealth's criminal justice system, to consist of: the secretary of public safety and security, who shall serve as the chair; the attorney general or a designee; the chief justice of the supreme judicial court or a designee; the president of the Massachusetts Sheriffs Association or a designee; the president of the Massachusetts District Attorneys Association or a designee; the chief counsel of the committee for public counsel services or a designee; a representative from the Massachusetts Bar Association; a representative from the Boston Bar Association; a representative from the Massachusetts Association of Criminal Defense Lawyers; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; and 3 persons to be appointed by the governor, 1 of whom shall have experience in mental health and substance abuse and addiction treatment, 1 of whom shall have experience in providing services or supervision for offenders, and 1 of whom shall have experience in juvenile justice.

In reviewing the commonwealth's criminal justice system, the commission shall examine a variety of areas including, but not limited to: the prisoner classification systems, mandatory minimum sentences, sentencing guidelines, the provision of cost-effective corrections' healthcare, the probation system, the parole system, the operations of the sheriffs' offices, overcrowding in prisons and houses of correction, recidivism rates, the treatment of juveniles within the criminal justice system, the role that mental health and substance abuse issues play, and best practices for reintegrating prisoners into the community.

The commission shall investigate the feasibility of developing an application for technical assistance from nationally recognized criminal justice reform programs with a data driven approach in order to develop bipartisan legislation that would reduce corrections spending and utilize the savings to reduce crime, strengthen public safety and fund other budget priorities; provided, however, that the commission shall give priority in applying for technical assistance to that which comes at no cost to the commonwealth.

The commission shall have access to information related to both adults and juveniles including, but not limited to, crime, arrest, conviction, jail, prison and probation and parole supervision data provided by state and local agencies. As necessary, the commission shall: (i) meet with other affected stakeholders; (ii) partner with nongovernmental organizations that have expertise that can benefit the commission; and (iii) create advisory subgroups that include affected stakeholders as necessary.

The commission shall convene its first official meeting on or before September 1, 2011. The commission shall submit to the house and senate committees on ways and means, the joint committee on the judiciary, the joint committee on public safety and homeland security and the secretary of administration and finance quarterly reports that include the dates of its meetings, meeting participants not named to the commission and whether it has identified, applied for or been selected for any federal or other funds.

The commission shall issue a report on or before March 31, 2012, which shall include recommendations for legislation to reduce recidivism, improve overall public safety outcomes, provide alternatives for drug addicted and mentally ill defendants, increase communication and cooperation among public safety entities, reduce overcrowding of facilities, increase reliance upon evidence-based criminal justice methods, improve the collection and reporting of data on adults and juveniles, contain correction costs and otherwise increase efficiencies within the state's public safety entities.
 

 

Special Commission on Educational Scholarships

SECTION 190.   (a) There shall be a special commission to investigate and study the need to incentivize the commonwealth's college scholarship system. The commission shall consist of: the speaker of the house of representatives, or a designee thereof; the president of the senate, or a designee thereof; the minority leader of the house of representative, or a designee thereof; the minority leader of the senate, or a designee thereof; the house chair of the joint committee on higher education, or a designee thereof; the senate chair of the joint committee on higher education, or a designee thereof; the secretary of education, or a designee thereof; the commissioner of higher education, or a designee thereof; the executive director of the Massachusetts Educational Financing Authority, or a designee thereof; and 6 persons appointed by the governor, 1 of whom shall be a representative from the University of Massachusetts; 1 of whom shall be a representative from the commonwealth's universities; 1 of whom shall be a representative from the commonwealth's community colleges; 1 of whom shall be a representative from the Association of Independent Colleges and Universities in Massachusetts; 1 of whom shall be a representative from the Massachusetts Bankers Association; and 1 of whom shall be a representative from Families United in Educational Leadership.

(b) The special commission shall make an investigation and study of the scholarship programs that provide financial assistance to Massachusetts students enrolled in, or pursuing, a program of higher education at any approved public or independent college, university, school of nursing or any other approved institution furnishing a program of higher education and shall focus on students with little or no family history of college attendance. The study shall examine methods that have been used in the commonwealth and other states to better prepare such students for college. The study shall include, but not be limited to, the examination of voluntary college savings programs focused on the needs of such families; the possible use of federally matched independent development accounts; the impact of committing scholarship funds to students prior to the twelfth grade; the need for a pilot program for ninth, tenth, eleventh and twelfth grade students in up to 5 public school districts to encourage family engagement and student academic achievement through the use of scholarships, in conjunction with family savings for college; and potential additional funding sources for a college savings matching program with priority placed on financial matches that have no additional cost to the commonwealth.

(c) The commission shall submit the results of its investigation and study and its recommendations, if any, with the clerks of the senate and house of representatives who shall forward the same to the joint committee on higher education and the senate and house committees on ways and means not later than December 31, 2012.
 

 

Coastal Erosion

SECTION 191.   Notwithstanding any general or special law, rule or regulation or performance standard to the contrary and in order to promote the protection of shorelines, coastal banks and beaches and coastal properties from the growing dangers of coastal erosion and to further gain experience necessary for the evaluation of innovative coastal protection technologies that have not previously been used in the commonwealth, the department of environmental protection may issue required permits, certifications or approvals for not more than 2 pilot projects to deploy a coastal bank and beach protection technology; provided, however, that 1 project shall be conducted on the coast located north of the city of Boston and 1 project shall be conducted on the coast south of the city of Boston; provided further, that such pilot projects shall be required to seek and obtain all permits, certifications or approvals otherwise required by law, subject to the modifications authorized by this section; and provided further, that the pilot projects shall be required to comply with existing laws, rules and regulations, performance standards and requirements to the maximum extent feasible. In issuing such permits, certifications or approvals, the department of environmental protection may issue reasonable permit conditions to minimize adverse impacts from the construction and operation of the pilot projects and to protect down-drift properties and property owners including, but not limited to, conditions requiring the pilot project's owners and operators to indemnify others for any property damage caused by the pilot project or requiring the establishment of a financial assurance mechanism to provide funds for the costs of decommissioning the pilot project or for repairing any property damage caused by the pilot project. The department of environmental protection, in conjunction with the office of coastal zone management in the executive office of energy and environmental affairs, shall monitor the success of the pilot projects undertaken pursuant to this section and shall report its findings and recommendations for further regulatory or statutory changes to promote the use of innovative coastal protection technologies to the joint committee on environment, natural resources and agriculture not later than 2 years after the deployment of each pilot project.
 

 

GAA Electronic Reporting Requirement

SECTION 192.   Notwithstanding any general or special law to the contrary, all secretariats, departments and agencies required to report under this act shall file their reports by the dates required in this act via electronic means to the chairs of any committees named as recipients as well as with the clerks of the senate and the house of representatives, provided, however, that the house and senate clerks shall develop procedures and requirements for secretariats, departments and agencies for the preparation of the reports to facilitate their collection and storage and such reports shall be made available to the public via the general court's website.
 

 

Electronic Reporting

SECTION 193.   Notwithstanding any general or special law or rule or regulation to the contrary, all branches of government, and all agencies, departments, quasi-state agencies or entities of the commonwealth required by law to file annual, semiannual, quarterly or financial reports shall make any such report available online in searchable format and shall provide an electronic copy of the report to the clerks of the senate and house of representatives. All reports shall be conspicuous and accessible online in searchable format through the general court's website and there shall be an archive of all reports available online in searchable format. An entity that is required by law to receive such report shall be notified by written hard copy format from the reporting entity of the availability of such report online in searchable format and the means of accessing the report. An agency, department, quasi-state agency or any other entity of the commonwealth shall provide a copy in hard copy format of any report upon request. Compliance with this section shall fulfill any filing requirements established by any general or special law.
 

 

Special Commission to Honor Women of the Commonwealth

SECTION 194.   There shall be a special commission to identify women who have made an extraordinary contribution to the commonwealth and offer recommendations on providing appropriate recognition for these women in the State House. The commission shall consist of 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; and 2 persons to be appointed by the governor. The commission shall issue a report of its findings to the clerks of the house of representatives and senate by December 31, 2011.
 

 

Massachusetts Community College Consortium Proposal

SECTION 195.   Notwithstanding any general or special law to the contrary, the department of higher education, the department of labor and workforce development, and the department of elementary and secondary education shall meet and confer concerning the United States Department of Labor Trade Adjustment Assistance Community College and Career Training Grant, or the Massachusetts Community College Consortium Proposal, and file a report and recommendations for sustainability of funding for the program by the commonwealth with the house and senate committees on ways and means not later than October 1, 2011.
 

 

Living Allowance for Dependent Adult Children

SECTION 196.   Notwithstanding any general or special law to the contrary, the executive office of health and human services shall request a written opinion from the federal Centers for Medicare and Medicaid Services regarding the availability of a waiver to allow individuals qualifying for Medicaid and entering a nursing home to provide a living allowance and an asset waiver for dependent adult children when there is no living community spouse as defined under 42 U.S.C. section 1396r-5. The executive office shall report to the house and senate committees on ways and means not later than February 1, 2012 on the availability of a waiver and, if applicable, the estimated net state cost of a waiver that would allow individuals qualifying for Medicaid and entering a nursing home to provide a living allowance and asset waiver for dependent adult children when there is no living community spouse.
 

 

Cigar Bars

SECTION 197.   A local board of health in a city or town with a population of more than 150,000 shall not prohibit the operation of smoking bars licensed to operate as of January 1, 2011, as long as they continue to comply with applicable state and local laws in effect as of January 1, 2011.
 

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

 

Local Aid Distribution

SECTION 198.   Notwithstanding any general or special law to the contrary, 50 per cent of any of the unexpended and unencumbered balances of appropriations on June 30, 2011, or $65,000,000, whichever is less, shall be distributed to cities and towns in accordance with the distribution 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. The distribution authorized by this section shall be executed not later than October 31, 2011; provided further, that any funds distributed under this section shall be considered one-time funding, and shall not be considered part of a municipality's Unrestricted General Government Aid in fiscal year 2011 and 2012; provided further, the distribution shall in no way constitute a new and continuing funding source for cities and towns.
 

 

Municipal Health Insurance Initiative

SECTION 199.   Notwithstanding any general or special law to the contrary, an appropriate public authority that implements changes to health insurance benefits pursuant to sections 22 and 23 of chapter 32B of the General Laws shall delay implementation of such changes, as to those subscribers covered by a collective bargaining agreement or section 19 agreement that is in effect on the date of implementation of such changes, of any changes to the dollar amounts of copayments, deductibles or other plan design features that are inconsistent with any dollar limits on copayments, deductibles or other plan design features that are specifically included in the body of that collective bargaining agreement or section 19 agreement, until the initial term stated in that collective bargaining agreement or section 19 agreement has ended.
 

 

Muni health insurance transfer to GIC

SECTION 201.   Notwithstanding any general or special law to the contrary, the group insurance commission shall prescribe procedures to permit a political subdivision to transfer all subscribers for whom it provides health insurance coverage to the commission on or before January 1, 2012, if such political subdivision provides notice to the group insurance commission on or before September 1, 2011, that it is transferring its subscribers to the group insurance commission under sections 19 or 23 of chapter 32B of the General Laws; provided further, the commission shall also prescribe procedures to permit a political subdivision to transfer all subscribers for whom it provides health insurance coverage to the commission on or before April 1, 2012, if such political subdivision provides notice to the group insurance commission on or before December 1, 2011, that it is transferring its subscribers to the group insurance commission under said sections 19 or 23 of said chapter 32B; provided further, the commission shall also prescribe procedures to permit a political subdivision to transfer all subscribers for whom it provides health insurance coverage to the commission on or before July 1, 2012, if such political subdivision provides notice to the group insurance commission on or before March 1, 2012, that it is transferring its subscribers to the group insurance commission under said sections 19 or 23 of said chapter 32B.
 

 

Municipal Health Insurance Contribution Ratios

SECTION 202.   Notwithstanding any general or special law to the contrary, unless otherwise agreed, a governmental unit transferring its subscribers to the group insurance commission under section 23 of chapter 32B of the General Laws shall use current contribution ratios in existence for each class of plan for each collective bargaining unit in order to transfer to the commission. If a governmental unit was not offering both a preferred provider organization plan or an indemnity plan on the date of transfer to the commission, the governmental unit's initial contribution ratio toward the commission's preferred provider organization plans and indemnity plans shall be the ratio that the governmental unit was contributing toward its preferred provider organization plan or indemnity plan for each collective bargaining unit on that date. Except as specifically provided in this section, all contribution ratios shall remain subject to bargaining pursuant to chapter 32B of the General Laws and chapter 150E of the General Laws.
 

 

Adult Day Health Reimbursement, Eligibility, and Provider Moratorium

SECTION 203.   Notwithstanding the provisions of any general or special law to the contrary, the division of medical assistance and the division of health care finance and policy shall make no changes prior to December 31, 2011 in the clinical eligibility or level of reimbursement paid to providers of adult day health services for basic and complex levels of care.

Contingent upon receiving any applicable approval from the Federal Centers for Medicare and Medicaid Services, the executive office of health and human services is further directed to implement a temporary moratorium effective with the passage of this legislation on the acceptance and approval of applications for (i) enrollment of new adult day health providers and (ii) expansion of the certified capacity of already approved adult day health providers as provided in 130 C.M.R. 404.400 et seq. This moratorium shall not apply to Programs of All-Inclusive Care for the Elderly (PACE) as established in 42 US Code Section 1894.

Such moratorium shall remain in effect until such time as the Secretary of Health and Human Services and the Secretary of Elder Affairs jointly complete a comprehensive study in consultation with representatives of House and Senate Ways and Means Committee, the Joint Committee on Elder Affairs and the Joint Committee on Health Care Financing as well as the Massachusetts Adult Day Services Association and other interested parties. The study shall make recommendations regarding licensure and other means to ensure an appropriate level of high quality adult day health care. In addition the study shall make recommendations updating the basis for the current rate structure by developing a model for imputing actual costs into the rate structure and the overall financing structure of Adult Day Services. In addition the study shall asses the current manner of categorizing clients as basic or complex. The study shall also assess the commonwealth's current and future adult day health services needs and recommend needed changes these needs require.

The final study and recommendations shall be reported to the House and Senate committees on ways and means, the joint committee on elder affairs and the joint committee on health care financing no later than December 31, 2011. If that date is not met, the moratorium shall stay in effect until 90 days after the report is submitted.

The division of medical assistance and the division of health care finance and policy shall take immediate steps, on the enactment of this legislation, to terminate reimbursement for the Health Promotion and Prevention level of care pursuant to a transition plan developed by the division of medical assistance for affected members.

Notwithstanding the provision of any general or special law to the contrary, the division of health care financing and policy and the division of medical assistance shall collect any outstanding cost reports from adult day health programs and shall review said cost reports and take any action as required or allowed by 114 C.M.R. 10.04.
 

 

Competition among MassHealth Managed Care Organizations

SECTION 203A.   Notwithstanding any general or special law to the contrary, the office of Medicaid shall, within 8 months of the effective date of this act, develop regulations to ensure that incentives or regulations are implemented to increase competition among MassHealth managed care organizations, reduce the size of some provider networks offered by managed care organizations and reduce cost of managed care organizations.
 

Veto Explanation:
I am vetoing this section because it will unduly interfere with the contracts resulting from MassHealth's recent competitive procurement for its contracted managed care organizations.

 

Senior Care Options - Effective Date

SECTION 204.   The executive office of health and human services shall adopt regulations to implement section 87 on or before December 31, 2011.
 

Veto Explanation:
I am vetoing this section because it provides an effective date for section 87, which I have vetoed for the reasons set forth above.

 

Regional Transit Authority Toll Credits

SECTION 205.   Subsection (b) of section 75 of chapter 303 of the acts of 2008 shall not apply in fiscal year 2012.
 

 

State Retiree Benefits Trust Fund Amendments

SECTION 206.   Nothing in section 20 of chapter 32B of the General Laws shall affect the validity of any action taken before July 1, 2011 by a city or town that authorizes the contributory retirement system of which the employees of that city or town are members to be the custodian of an Other Post-Employment Benefits Liability Trust Fund.
 

 

Delay Implementation of DPH Head Injury Regs

SECTION 207.   The provisions of subsections (a) and (b) of section 222 of chapter 111 of the General Laws shall take effect 60 days after the promulgation of regulations by the department of public health.
 

Veto Explanation:
I am vetoing this section because it requires an unnecessary delay in the effective date of an act protecting the health of school athletes that schools have had ample time to implement.

 

DOR Audits Procedure and Penalty

SECTION 208.   Section 66 shall apply to interest accruing on deficiency assessments where the audit resulting in the deficiency assessment is commenced after the effective date of this act.
 

 

Tax Abatement SOL

SECTION 209.   Sections 67 and 68 shall apply to requests for refund or applications for abatement filed with the commissioner on or after the effective date of this act; provided, however, that sections 67 and 68 shall not apply with respect to tax periods where the statute of limitations for refund or abatement, as applicable, had expired prior to the effective date of this act.
 

 

Gift of Life - Effective Date

SECTION 210.   Section 62 shall be effective for taxable years beginning on or after January 1, 2012
 

 

Life Sciences Tax Credit - Effecitve Date

SECTION 211.   Sections 63, 65 and 70 shall be effective for tax years beginning on or after January 1, 2011.
 

 

Cigarette Stamper Allowance

SECTION 212.   Section 71 shall apply to stamps purchased on or after January 1, 2012.
 

 

Effective Date for MRB Transfer

SECTION 213.   Section 5 shall take effect on May 4, 2012.
 

 

Life Sciences Tax Credit Effective Date

SECTION 214.   Section 36 shall take effect as of January 1, 2009.
 

 

Optional Retirement Plans Effective Date

SECTION 215.   Section 44 shall take effect on September 1, 2011.
 

 

Prescription Drug Waste

SECTION 216.   Section 81 shall take effect April 1, 2012.
 

Veto Explanation:
I am vetoing this section because it provides an effective date for section 81, which I have vetoed for the reasons set forth above.

 

Escalator Safety - Effective Date

SECTION 217.   Sections 94 and 95 shall take effect 180 days after the effective date of this act.
 

 

DOI Review of Small Group Health Insurance Rates - Effective Date

SECTION 218.   Section 109 shall take effect on October 1, 2012.
 

Veto Explanation:
I am vetoing this section because it provides an effective date for section 109, which I have vetoed for the reasons set forth above.

 

CPCS Special Leasing Authority -- Repeal

SECTION 219.   Section 174 is hereby repealed.
 

 

CPCS Special Leasing Authority -- Repeal Effective Date

SECTION 220.   Section 219 shall take effect on July 1, 2012.
 

 

Effective Date

SECTION 221.   Except as otherwise specified, this act shall take effect on July 1, 2011.