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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, 2013 the distribution to cities and towns of the balance of the State Lottery Fund, as paid from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional funds from the General Fund shall be $898,980,293 and shall be apportioned to the cities and towns in accordance with this section. Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2013 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 2013, the foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2012. The target local share shall be calculated using the same methodology used in fiscal year 2012. Preliminary local contribution shall be the municipality's fiscal year 2012 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 2013 shall be, for any municipality with a fiscal year 2013 preliminary contribution greater than its fiscal year 2013 target contribution, the preliminary local contribution reduced by 15 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 2013, "prior year aid" shall be fiscal year 2012 state-appropriated chapter 70 aid. For fiscal year 2013, the "foundation aid increment" shall be the difference between: (1) the positive difference between a district's foundation budget and its required district contribution; and (2) prior year aid. For fiscal year 2013, chapter 70 aid shall be: (a) for any district that: (i) has a target aid percentage greater than the sum of a district's prior year aid and foundation aid increment as a percentage of foundation budget; and (ii) has a combined effort yield as a percentage of foundation budget of not more than 107.5 per cent; the sum of prior year aid and 25 per cent of the difference between the district's target aid amount and the sum of prior year aid and the district's foundation aid increment; (b) for any district with a positive foundation aid increment not included in (a), the sum of the district's prior year aid plus the district's foundation aid increment; and (c) for all other districts: the sum of foundation enrollment multiplied by 40 plus prior year aid. Combined effort yield as a percentage of foundation for districts shall be determined by dividing the district's combined effort yield by the district's total foundation budget. Combined effort yield as a percentage of foundation for regional school districts shall be determined by allocating a member municipality's combined effort yield among the districts to which said municipality belongs in direct proportion to the foundation budgets for the municipality's pupils at each of those districts. No non-operating district shall receive chapter 70 aid in an amount greater than the district's foundation budget. If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control. The department of elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994. No payments to cities, towns or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year until the commissioner of revenue certifies acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. Advance payments shall be made for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of the executive office for administration and finance, pursuant to guidelines established by the secretary.

 

Local Aid Distribution


Municipality
7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ABINGTON 7,324,394 1,663,872
ACTON 5,537,500 1,183,155
ACUSHNET 6,088,327 1,282,445
ADAMS 9,088 1,980,179
AGAWAM 18,531,418 3,116,003
ALFORD 0 11,869
AMESBURY 8,517,266 1,645,476
AMHERST 5,864,398 7,120,842
ANDOVER 7,950,343 1,511,358
AQUINNAH 0 1,976
ARLINGTON 8,109,496 6,416,909
ASHBURNHAM 0 672,501
ASHBY 0 370,356
ASHFIELD 93,413 157,026
ASHLAND 5,393,485 1,143,808
ATHOL 0 2,239,276
ATTLEBORO 32,496,935 4,825,303
AUBURN 7,942,820 1,448,540
AVON 874,134 586,234
AYER 333,567 640,306
BARNSTABLE 7,401,888 1,779,132
BARRE 14,988 760,702
BECKET 76,563 76,812
BEDFORD 3,729,646 970,936
BELCHERTOWN 13,355,141 1,439,150
BELLINGHAM 8,123,660 1,435,208
BELMONT 5,724,243 1,909,790
BERKLEY 3,837,513 514,636
BERLIN 507,703 170,528
BERNARDSTON 11,308 246,005
BEVERLY 6,901,866 4,939,380
BILLERICA 18,204,887 4,925,266
BLACKSTONE 84,251 1,157,715
BLANDFORD 42,726 107,398
BOLTON 0 166,996
BOSTON 207,858,813 160,247,301
BOURNE 4,771,738 1,239,900
BOXBOROUGH 1,310,578 213,357
BOXFORD 1,563,632 411,171
BOYLSTON 460,573 289,720
BRAINTREE 13,546,899 4,840,026
BREWSTER 906,844 333,966
BRIDGEWATER 36,107 3,080,637
BRIMFIELD 1,187,947 329,768
BROCKTON 148,088,586 17,709,906
BROOKFIELD 1,354,890 417,618
BROOKLINE 8,949,381 5,370,029
BUCKLAND 0 258,986
BURLINGTON 5,326,187 2,215,064
CAMBRIDGE 8,892,163 18,170,690
CANTON 4,580,646 1,813,812
CARLISLE 815,308 185,546
CARVER 9,644,539 1,235,613
CHARLEMONT 61,250 147,847
CHARLTON 21,633 1,225,401
CHATHAM 0 127,294
CHELMSFORD 10,089,893 4,292,998
CHELSEA 56,040,644 6,946,677
CHESHIRE 318,591 519,594
CHESTER 125,551 152,278
CHESTERFIELD 133,114 116,778
CHICOPEE 56,021,156 9,739,822
CHILMARK 0 3,172
CLARKSBURG 1,758,875 307,692
CLINTON 10,857,441 1,991,079
COHASSET 1,720,297 435,162
COLRAIN 0 244,112
CONCORD 2,075,197 981,239
CONWAY 598,954 151,164
CUMMINGTON 73,684 70,560
DALTON 272,926 962,329
DANVERS 5,786,818 2,409,018
DARTMOUTH 9,138,016 2,132,179
DEDHAM 3,890,648 2,765,940
DEERFIELD 1,041,993 406,247
DENNIS 0 460,638
DEVENS 308,588  
DIGHTON 0 654,018
DOUGLAS 8,454,415 617,250
DOVER 622,456 162,705
DRACUT 18,109,090 2,963,502
DUDLEY 0 1,511,226
DUNSTABLE 4,426 208,034
DUXBURY 4,513,610 749,739
EAST BRIDGEWATER 10,196,332 1,266,059
EAST BROOKFIELD 140,428 245,303
EAST LONGMEADOW 9,767,174 1,224,304
EASTHAM 324,556 126,013
EASTHAMPTON 7,641,192 2,377,410
EASTON 9,343,416 1,852,233
EDGARTOWN 438,768 56,341
EGREMONT 0 53,367
ERVING 418,845 56,849
ESSEX 0 207,087
EVERETT 49,378,545 5,843,460
FAIRHAVEN 7,292,285 1,907,302
FALL RIVER 96,330,544 20,156,220
FALMOUTH 4,988,896 1,172,624
FITCHBURG 43,692,664 7,218,116
FLORIDA 532,667 42,100
FOXBOROUGH 8,460,190 1,259,852
FRAMINGHAM 28,083,629 8,415,039
FRANKLIN 27,111,396 2,089,973
FREETOWN 378,328 803,160
GARDNER 18,422,676 3,584,191
GEORGETOWN 5,180,958 605,914
GILL 0 205,734
GLOUCESTER 5,893,705 3,378,096
GOSHEN 96,111 67,666
GOSNOLD 16,414 1,774
GRAFTON 8,995,766 1,322,498
GRANBY 4,493,290 746,820
GRANVILLE 0 135,608
GREAT BARRINGTON 0 641,908
GREENFIELD 10,481,762 2,685,303
GROTON 3,201 655,194
GROVELAND 0 615,686
HADLEY 815,648 383,877
HALIFAX 2,669,842 767,798
HAMILTON 0 568,272
HAMPDEN 0 581,924
HANCOCK 194,340 47,754
HANOVER 6,460,514 1,791,747
HANSON 40,015 1,083,133
HARDWICK 0 393,766
HARVARD 1,763,706 1,252,599
HARWICH 0 364,333
HATFIELD 767,671 263,917
HAVERHILL 40,527,259 8,312,994
HAWLEY 35,202 36,605
HEATH 0 70,768
HINGHAM 6,234,052 1,334,874
HINSDALE 104,683 188,327
HOLBROOK 4,644,027 1,248,008
HOLDEN 0 1,617,133
HOLLAND 897,623 170,719
HOLLISTON 7,025,700 1,309,824
HOLYOKE 69,455,778 8,590,161
HOPEDALE 5,859,695 551,538
HOPKINTON 5,705,503 664,434
HUBBARDSTON 0 381,006
HUDSON 10,247,975 1,686,649
HULL 3,654,871 1,792,503
HUNTINGTON 257,686 291,504
IPSWICH 2,722,402 1,357,726
KINGSTON 4,130,765 811,851
LAKEVILLE 71,486 692,065
LANCASTER 0 808,506
LANESBOROUGH 834,917 291,766
LAWRENCE 152,157,597 16,607,385
LEE 1,947,049 526,757
LEICESTER 9,450,987 1,468,595
LENOX 1,156,055 450,838
LEOMINSTER 42,835,377 4,840,828
LEVERETT 271,766 150,975
LEXINGTON 7,876,799 1,296,276
LEYDEN 0 69,641
LINCOLN 743,071 575,819
LITTLETON 3,693,488 601,236
LONGMEADOW 4,224,986 1,181,711
LOWELL 126,478,353 21,304,471
LUDLOW 13,211,578 2,583,866
LUNENBURG 5,219,937 894,449
LYNN 126,107,787 18,937,447
LYNNFIELD 3,887,366 879,672
MALDEN 46,767,445 10,611,641
MANCHESTER 0 188,099
MANSFIELD 18,060,214 1,886,682
MARBLEHEAD 4,677,641 963,171
MARION 449,149 190,849
MARLBOROUGH 17,545,221 4,604,312
MARSHFIELD 13,747,293 1,832,321
MASHPEE 4,271,711 311,192
MATTAPOISETT 546,236 342,810
MAYNARD 3,990,865 1,328,816
MEDFIELD 5,730,534 1,226,088
MEDFORD 11,047,553 10,259,690
MEDWAY 9,997,944 1,031,914
MELROSE 7,672,924 4,337,759
MENDON 0 345,651
MERRIMAC 0 711,660
METHUEN 39,110,902 4,598,863
MIDDLEBOROUGH 17,292,484 2,085,358
MIDDLEFIELD 18,050 44,965
MIDDLETON 1,513,276 462,794
MILFORD 18,734,609 2,583,471
MILLBURY 6,638,870 1,497,772
MILLIS 4,534,411 885,551
MILLVILLE 50,789 344,528
MILTON 5,765,928 2,717,762
MONROE 75,976 15,552
MONSON 7,312,050 1,104,115
MONTAGUE 0 1,212,188
MONTEREY 0 39,107
MONTGOMERY 21,042 73,404
MOUNT WASHINGTON 32,776 25,355
NAHANT 454,021 319,586
NANTUCKET 1,387,053 67,017
NATICK 7,640,286 3,223,110
NEEDHAM 7,633,990 1,476,550
NEW ASHFORD 179,597 17,180
NEW BEDFORD 113,644,428 19,457,251
NEW BRAINTREE 0 111,657
NEW MARLBOROUGH 0 49,535
NEW SALEM 0 87,758
NEWBURY 0 438,043
NEWBURYPORT 3,236,321 2,157,204
NEWTON 16,173,152 4,970,628
NORFOLK 3,270,355 811,132
NORTH ADAMS 13,480,318 3,752,495
NORTH ANDOVER 6,808,233 1,733,403
NORTH ATTLEBOROUGH 19,712,661 2,433,430
NORTH BROOKFIELD 4,155,363 673,975
NORTH READING 6,562,100 1,501,819
NORTHAMPTON 6,954,104 3,717,624
NORTHBOROUGH 3,621,985 943,470
NORTHBRIDGE 15,086,281 1,785,406
NORTHFIELD 0 305,594
NORTON 12,260,025 1,757,961
NORWELL 3,148,957 906,717
NORWOOD 5,111,751 3,934,274
OAK BLUFFS 629,001 61,514
OAKHAM 0 162,277
ORANGE 5,142,779 1,366,932
ORLEANS 245,322 145,288
OTIS 0 30,765
OXFORD 10,160,549 1,739,231
PALMER 10,585,480 1,696,284
PAXTON 0 457,701
PEABODY 18,906,718 6,105,613
PELHAM 218,831 134,637
PEMBROKE 12,925,750 1,421,815
PEPPERELL 0 1,262,405
PERU 73,500 96,598
PETERSHAM 421,383 96,968
PHILLIPSTON 0 156,021
PITTSFIELD 38,017,593 7,302,808
PLAINFIELD 51,024 42,434
PLAINVILLE 2,768,881 641,687
PLYMOUTH 22,208,459 3,314,295
PLYMPTON 591,348 200,664
PRINCETON 0 250,431
PROVINCETOWN 262,841 116,995
QUINCY 23,565,229 16,150,797
RANDOLPH 13,913,058 4,396,472
RAYNHAM 4,837 961,807
READING 9,903,702 2,742,082
REHOBOTH 0 881,695
REVERE 46,214,315 8,700,801
RICHMOND 336,919 91,509
ROCHESTER 1,725,847 359,241
ROCKLAND 10,325,640 2,236,010
ROCKPORT 1,304,118 370,109
ROWE 99,147 3,332
ROWLEY 0 456,773
ROYALSTON 0 152,063
RUSSELL 168,465 208,900
RUTLAND 0 782,441
SALEM 20,759,584 5,834,758
SALISBURY 0 534,432
SANDISFIELD 0 29,310
SANDWICH 6,508,793 953,340
SAUGUS 4,144,390 3,103,116
SAVOY 502,079 98,003
SCITUATE 4,957,576 1,701,540
SEEKONK 4,595,356 1,040,834
SHARON 6,695,952 1,184,040
SHEFFIELD 13,886 206,062
SHELBURNE 4,663 221,196
SHERBORN 515,408 183,212
SHIRLEY 0 1,109,735
SHREWSBURY 18,748,463 2,356,176
SHUTESBURY 584,974 143,436
SOMERSET 5,022,378 1,297,302
SOMERVILLE 19,316,888 21,311,532
SOUTH HADLEY 7,627,179 2,209,062
SOUTHAMPTON 2,444,176 538,950
SOUTHBOROUGH 2,710,636 369,948
SOUTHBRIDGE 17,682,899 2,975,671
SOUTHWICK 0 1,066,935
SPENCER 8,390 1,913,110
SPRINGFIELD 285,851,656 32,020,398
STERLING 0 586,397
STOCKBRIDGE 0 84,313
STONEHAM 3,483,735 3,143,525
STOUGHTON 14,019,929 2,708,574
STOW 0 356,070
STURBRIDGE 2,770,520 655,305
SUDBURY 4,325,145 1,184,015
SUNDERLAND 833,063 427,516
SUTTON 5,163,355 660,269
SWAMPSCOTT 2,773,458 1,094,842
SWANSEA 5,657,432 1,588,632
TAUNTON 47,630,220 7,114,121
TEMPLETON 0 1,179,482
TEWKSBURY 12,472,939 2,354,150
TISBURY 395,514 82,939
TOLLAND 0 15,633
TOPSFIELD 1,048,739 518,803
TOWNSEND 0 1,111,624
TRURO 253,586 25,446
TYNGSBOROUGH 7,034,649 817,416
TYRINGHAM 35,721 10,739
UPTON 12,956 450,325
UXBRIDGE 9,025,989 1,163,833
WAKEFIELD 4,962,310 2,849,501
WALES 730,684 199,783
WALPOLE 7,325,008 2,155,690
WALTHAM 7,701,998 8,122,362
WARE 8,212,190 1,460,280
WAREHAM 12,345,207 1,673,496
WARREN 0 765,257
WARWICK 0 107,572
WASHINGTON 11,237 79,890
WATERTOWN 3,341,524 5,641,884
WAYLAND 3,250,268 764,572
WEBSTER 9,905,062 2,094,234
WELLESLEY 7,402,108 1,095,717
WELLFLEET 151,483 49,439
WENDELL 0 147,409
WENHAM 0 362,308
WEST BOYLSTON 2,841,510 673,921
WEST BRIDGEWATER 2,550,273 553,110
WEST BROOKFIELD 201,348 411,975
WEST NEWBURY 0 250,622
WEST SPRINGFIELD 19,563,826 3,031,424
WEST STOCKBRIDGE 0 82,240
WEST TISBURY 0 157,108
WESTBOROUGH 4,475,455 980,165
WESTFIELD 32,927,874 5,324,736
WESTFORD 16,064,000 1,797,543
WESTHAMPTON 447,620 122,567
WESTMINSTER 0 553,703
WESTON 2,512,979 316,391
WESTPORT 4,221,997 1,029,055
WESTWOOD 4,382,005 617,080
WEYMOUTH 27,034,585 7,375,304
WHATELY 240,518 113,512
WHITMAN 118,716 2,048,158
WILBRAHAM 0 1,237,908
WILLIAMSBURG 434,689 256,078
WILLIAMSTOWN 909,926 807,552
WILMINGTON 10,653,176 2,103,236
WINCHENDON 11,177,635 1,422,984
WINCHESTER 7,166,699 1,251,470
WINDSOR 47,361 87,837
WINTHROP 5,274,707 3,565,783
WOBURN 6,819,375 5,063,784
WORCESTER 210,364,137 35,150,026
WORTHINGTON 49,000 106,245
WRENTHAM 3,581,123 788,586
YARMOUTH 4,574 1,067,932
Total Municipal Aid 3,518,838,431 898,980,293
 
Regional School District 7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ACTON BOXBOROUGH 7,124,122  
ADAMS CHESHIRE 10,049,743  
AMHERST PELHAM 9,233,467  
ASHBURNHAM WESTMINSTER 10,026,904  
ASSABET VALLEY 3,688,750  
ATHOL ROYALSTON 17,043,590  
AYER SHIRLEY 7,915,436  
BERKSHIRE HILLS 2,700,038  
BERLIN BOYLSTON 888,833  
BLACKSTONE MILLVILLE 10,589,769  
BLACKSTONE VALLEY 7,913,153  
BLUE HILLS 3,898,020  
BRIDGEWATER RAYNHAM 20,269,571  
BRISTOL COUNTY 2,964,202  
BRISTOL PLYMOUTH 10,373,342  
CAPE COD 2,047,487  
CENTRAL BERKSHIRE 8,410,334  
CHESTERFIELD GOSHEN 723,330  
CONCORD CARLISLE 1,836,274  
DENNIS YARMOUTH 6,543,564  
DIGHTON REHOBOTH 12,315,946  
DOVER SHERBORN 1,408,555  
DUDLEY CHARLTON 23,647,098  
ESSEX COUNTY 4,022,176  
FARMINGTON RIVER 394,745  
FRANKLIN COUNTY 3,344,406  
FREETOWN LAKEVILLE 10,478,788  
FRONTIER 2,729,670  
GATEWAY 5,598,773  
GILL MONTAGUE 6,010,369  
GREATER FALL RIVER 14,241,401  
GREATER LAWRENCE 19,925,633  
GREATER LOWELL 23,419,100  
GREATER NEW BEDFORD 23,558,508  
GROTON DUNSTABLE 10,384,573  
HAMILTON WENHAM 3,325,691  
HAMPDEN WILBRAHAM 11,241,439  
HAMPSHIRE 3,114,108  
HAWLEMONT 607,377  
KING PHILIP 7,113,575  
LINCOLN SUDBURY 2,609,495  
MANCHESTER ESSEX 2,642,035  
MARTHAS VINEYARD 2,720,400  
MASCONOMET 4,770,799  
MENDON UPTON 11,954,456  
MINUTEMAN 2,146,052  
MOHAWK TRAIL 5,850,194  
MONOMOY 2,460,460  
MONTACHUSETT 13,727,675  
MOUNT GREYLOCK 1,668,783  
NARRAGANSETT 9,664,194  
NASHOBA 6,330,455  
NASHOBA VALLEY 3,273,056  
NAUSET 3,256,279  
NEW SALEM WENDELL 626,107  
NORFOLK COUNTY 1,097,231  
NORTH MIDDLESEX 19,659,168  
NORTH SHORE 1,578,772  
NORTHAMPTON SMITH 890,560  
NORTHBORO SOUTHBORO 2,838,864  
NORTHEAST METROPOLITAN 8,285,919  
NORTHERN BERKSHIRE 4,211,358  
OLD COLONY 3,179,079  
OLD ROCHESTER 2,124,851  
PATHFINDER 5,305,602  
PENTUCKET 12,635,127  
PIONEER 4,007,811  
QUABBIN 16,170,613  
QUABOAG 8,447,086  
RALPH C MAHAR 5,286,040  
SHAWSHEEN VALLEY 6,159,526  
SILVER LAKE 7,202,389  
SOMERSET BERKLEY 3,771,018  
SOUTH MIDDLESEX 3,269,602  
SOUTH SHORE 3,814,659  
SOUTHEASTERN 12,885,090  
SOUTHERN BERKSHIRE 1,830,896  
SOUTHERN WORCESTER 9,454,522  
SOUTHWICK TOLLAND 9,503,073  
SPENCER EAST BROOKFIELD 13,315,389  
TANTASQUA 7,547,159  
TRI COUNTY 5,505,418  
TRITON 8,226,571  
UPISLAND 795,572  
UPPER CAPE COD 2,874,735  
WACHUSETT 24,301,041  
WHITMAN HANSON 23,680,501  
WHITTIER 7,563,919  
Total Regional Aid 652,241,461  
Total Municipal and Regional Aid 4,171,079,892 898,980,293

 

Superintendent Responsible for State House Only

SECTION 4.   Section 41 of chapter 3 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 14, the words "state office buildings" and inserting in place thereof the following words:- the state house.
 

 

Exempting UMass trade secrets from Public Records Law

SECTION 5.   Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as amended by chapter 176 of the acts of 2011, is hereby amended by adding the following subclause:-

(u) trade secrets or other proprietary information of the University of Massachusetts, including trade secrets or proprietary information provided to the University by research sponsors or private concerns.
 

 

Tercentenary Sign Repair

SECTION 6.   Chapter 6C of the General Laws is hereby amended by adding the following section:-

Section 74. The department shall require that a contract for the construction, maintenance, repair, reconstruction, improvement or rehabilitation of the metropolitan highway system, the state highway system or the turnpike shall include the repair or rehabilitation of any sign or marker erected pursuant to chapter 10 of the resolves of 1930 that is abutting such project.
 

 

Development and operation of searchable website contents

SECTION 7.   Section 14C of chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "authority", in line 3, the following words:- , including a quasi-public independent entity performing a public function that does not receive direct appropriations from the commonwealth.
 

Veto Explanation:
DELETE comment

 

Development and operation of searchable website contents

SECTION 8.   Said section 14C of said chapter 7, as so appearing, is hereby further amended by inserting after the word "association", in line 13, the following words:- , public charity holding funds subject to section 8 of chapter 12.
 

 

Development and operation of searchable website contents

SECTION 9.   Said section 14C of said chapter 7, as so appearing, is hereby further amended by adding the following subsection:-

(h) The searchable website shall be updated to include the items in subsection (b), if applicable, relative to a city or town.
 

 

Superintendent Responsible for State House Only

SECTION 10.   Section 40C of said chapter 7, as so appearing, is hereby amended by striking out, in line 42, the words "and the bureau of state office buildings".
 

 

Superintendent Responsible for State House Only

SECTION 11.   Section 43H of said chapter 7, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "state superintendent of state office buildings" and inserting in place thereof the following words:- superintendent of the state house.
 

 

Superintendent Responsible for State House Only

SECTION 12.   Chapter 8 of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:-

Section 1. There shall be within the executive office for administration and finance a bureau of the state house, headed by a superintendent of the state house. The bureau of the state house shall be located in the state house. The superintendent shall be selected by the chairs of the committee on rules of the 2 branches from a list of 3 candidates submitted to the committee on rules of the 2 branches by the secretary of administration and finance. The superintendent shall be a person of ability and experience with a background in finance and operations and may have a background in engineering. The entire time of the superintendent shall be devoted to the duties of the office. The office shall not be classified under chapter 31.
 

 

Superintendent Responsible for State House Only

SECTION 13.   Section 4 of said chapter 8, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "state office buildings may, with the approval of the commissioner of administration," and inserting in place thereof the following words:- the state house may.
 

 

Bureau of the State House

SECTION 14.   Said chapter 8 is hereby further amended by striking out section 6, as so appearing, and inserting in place thereof the following 2 sections:-

Section 6. The superintendent of the state house shall direct the making of all repairs and improvements in the state house, on the grounds of the state house and to any buildings thereof and all tenants, offices or occupants located in the state house shall make requisition upon the superintendent for any such repairs or improvements.

Section 6A. Notwithstanding any general or special law or rule or regulation to the contrary, the superintendent, or employees designated by the superintendent, may make purchases if the amount involved will not exceed $1,000.
 

 

Bureau of the State House

SECTION 15.   Said chapter 8 is hereby further amended by striking out section 9, as amended by section 20 of chapter 68 of the acts of 2011, and inserting in place thereof the following section:-

Section 9. The superintendent shall have charge of the operation and maintenance of the state house, subject to such rules as the committee on rules of the 2 branches, acting concurrently, may adopt and all state parking areas related thereto. The superintendent shall see that the chambers and lobbies of the general court and its committees are kept clean and in good order, shall superintend all ordinary repairs thereof and shall have charge of the current expenses for the care and preservation of the state house and for the ordinary repairs of the furniture and fixtures therein. The superintendent shall take proper precautions against damage thereto or to the furniture, fixtures or other public property therein; provided, however, that security in the state house shall be the responsibility of the commissioner of conservation and recreation in consultation and coordination with the speaker of the house of representatives and the president of the senate. The commissioner of conservation and recreation shall utilize the members of the urban park rangers program, established under section 34B of chapter 92, to maintain security; provided, however, that the commissioner shall carry out the responsibility subject to such rules as the committee on rules of the 2 branches, acting concurrently, may adopt and shall not be subject to the authority of the superintendent. There shall be maintained an adequate passageway for foot passengers from north to south through the east wing or extension of the state house, to be kept open during such hours as the superintendent shall fix. The state house and most facilities used by the public, including hearing rooms, shall be accessible to, functional for and safe for use by persons with physical disabilities; and provided further, that the commonwealth shall make available a certain number of designated handicapped parking spaces for the general public. The superintendent may adopt rules, regulations and orders necessary for the operation and maintenance of the state house.
 

 

Superintendent Responsible for State House Only

SECTION 16.   Said chapter 8 is hereby further amended by striking out section 9A, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 9A. The superintendent of the state house shall establish and charge a fee or service charge to nongovernmental individuals, entities and groups using the state house for meetings, receptions or exhibits, which may be reduced at the discretion of the superintendent. The superintendent or a designee shall establish such fee or charge based upon the actual cost of use, including personnel, requests for security, preparation, equipment replacement, cleanup, utilities used and compensation for wear on the building. The superintendent, or a designee may, in the superintendent's discretion, require a nongovernment entity to enter into a written agreement indemnifying the commonwealth against any claims for casualty liability and may require the posting of an insurance bond. All monies received by the superintendent under this section shall be by check made payable to and deposited in the State House Special Event Fund, as established in section 35P of chapter 10; provided, however, that the superintendent may retain funds to be expended after consultation with the committee on rules of the 2 branches, acting concurrently, for restoration, equipment repair and replacement and educational and cultural programs and tours at the state house.
 

 

Bureau of the State House

SECTION 17.   Section 14 of said chapter 8, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words "fifteen hundred dollars" and inserting in place thereof the following words:- $10,000 from the State House Special Event Fund established in section 35P of chapter 10.
 

 

Bureau of the State House

SECTION 18.   Section 16A of said chapter 8, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "Room numbered twenty-seven in the state house, formerly used by the Grand Army of the Republic, Department of Massachusetts," and inserting in place thereof the following words:- A room in the state house.
 

 

Superintendent Responsible for State House Only

SECTION 19.   Section 35P of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "state superintendent of state office buildings" and inserting in place thereof the following words:- superintendent of the state house.
 

 

Superintendent Responsible for State House Only

SECTION 20.   Said section 35P of said chapter 10, as so appearing, is hereby further amended by striking out the fifth sentence and inserting in place thereof the following sentence:- All monies received by the superintendent under this section shall be by check made payable to and deposited in the fund; provided, however, that the superintendent may retain funds to be expended after consultation with the committee on rules of the 2 branches, acting concurrently, for restoration, equipment repair and replacement and educational and cultural programs and tours at the state house; and provided further that funds shall be used for the maintenance of the military history museum under section 14 of chapter 8.
 

 

Victims of Drunk Driving Trust Fund

SECTION 21.   Said chapter 10 is hereby further amended by striking out section 66, as so appearing, and inserting in place thereof the following section:-

Section 66. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Victims of Drunk Driving Trust Fund. The fund shall consist of monies paid to the courts pursuant to the third paragraph of subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter 90, together with any interest or earnings accrued on such monies through investment or deposit. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund. The state treasurer shall transfer funds from the income and receipts of the fund to the victim and witness assistance board, as established in section 4 of chapter 258B, from time to time, at the request of the board. The board shall administer grants from the fund, without further appropriation, and may award them to community-based programs and public agencies in the commonwealth to provide counseling and support services to victims, witnesses and their family members of crashes caused by persons driving under the influence of drugs or alcohol. The board may also permit the allocation of funds for the purposes of impaired driving prevention, education and training services. The board shall develop, in conjunction with the department of public health's bureau of substance abuse and the Massachusetts chapter of Mothers Against Drunk Driving, written criteria for the awarding of grants and other funding allocations, which shall be evaluated and, if necessary, revised on an annual basis. For the purposes of this section, the words "victim," "witness" and "family member" shall have the same meaning as defined in section 1 of said chapter 258B.

The board shall file a report detailing the amount of funds collected and expended from the fund along with a copy of the written criteria used to expend the funds to the house and senate committees on ways and means annually not later than February 28. An amount not to exceed 5 per cent of the total funds deposited in the fund may be expended by the board for administrative costs directly attributable to the grants and programs funded by the fund, including, but not limited to, the costs of clerical and support personnel. Any unexpended balance of monies in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure from such fund in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.
 

 

False Claims Act Sec. 5A, 5B

SECTION 22.   Chapter 12 of the General Laws is hereby amended by striking out sections 5A and 5B, as so appearing, and inserting in place thereof the following 2 sections:-

Section 5A. As used in sections 5A to 5O, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Claim", a request or demand, whether pursuant to a contract or otherwise, for money or property, whether or not the commonwealth or a political subdivision thereof has title to the money or property, that: (1) is presented to an officer, employee, agent or other representative of the commonwealth or a political subdivision thereof; or (2) is made to a contractor, subcontractor, grantee or other person, if the money or property is to be spent or used on behalf of or to advance a program or interest of the commonwealth or political subdivision thereof and if the commonwealth or any political subdivision thereof: (i) provides or has provided any portion of the money or property which is requested or demanded; or (ii) will reimburse directly or indirectly such contractor, subcontractor, grantee or other person for any portion of the money or property which is requested or demanded. A claim shall not include requests or demands for money or property that the commonwealth or a political subdivision thereof has paid to an individual as compensation for employment with the commonwealth or a political subdivision thereof or as an income subsidy with no restrictions on that individual's use of the money or property.

"False claims action", an action filed by the office of the attorney general or a relator under sections 5A to 5O, inclusive.

"False claims law", sections 5A to 5O, inclusive.

"Knowing" or "knowingly", possessing actual knowledge of relevant information, acting with deliberate ignorance of the truth or falsity of the information or acting in reckless disregard of the truth or falsity of the information; provided, however, that no proof of specific intent to defraud shall be required.

"Material", having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.

"Obligation", an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation or from the retention of any overpayment after the deadline for reporting and returning the overpayment under paragraph (10) of section 5B.

"Original source", an individual who: (1) prior to a public disclosure under paragraph (3) of section 5G, has voluntarily disclosed to the commonwealth or any political subdivision thereof the information on which allegations or transactions in a claim are based; or (2) has knowledge that is independent of and materially adds to the publicly-disclosed allegations or transactions, and who has voluntarily provided the information to the commonwealth or any political subdivision thereof before filing a false claims action.

"Overpayment", any funds that a person receives or retains, including funds received or retained under Title XVIII or XIX of the Social Security Act, to which the person, after applicable reconciliation, is not entitled.

"Person", a natural person, corporation, partnership, association, trust or other business or legal entity.

"Political subdivision", a city, town, county or other governmental entity authorized or created by law, including public corporations and authorities.

"Relator", an individual who brings an action under paragraph (2) of section 5C.

Section 5B. (a) Any person who: (1) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval; (2) knowingly makes, uses or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) conspires to commit a violation of this subsection; (4) knowingly presents, or causes to be presented, a claim that includes items or services resulting from a violation of section 1128B of the Social Security Act, 42 U.S.C. 1320a-7b, or section 41 of chapter 118E; (5) has possession, custody or control of property or money used, or to be used, by the commonwealth or a political subdivision thereof and knowingly delivers, or causes to be delivered, to the commonwealth or a political subdivision thereof less than all of that property or money; (6) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the commonwealth or a political subdivision thereof and, with the intent of defrauding the commonwealth or a political subdivision thereof, makes or delivers the receipt without completely knowing that the information on the receipt is true; (7) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the commonwealth or a political subdivision thereof, who may not lawfully sell or pledge such property; (8) enters into an agreement, contract or understanding with an official of the commonwealth or a political subdivision thereof knowing the information contained therein is false; (9) knowingly makes, uses or causes to be made or used a false record or statement material to an obligation to pay or to transmit money or property to the commonwealth or a political subdivision thereof, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the commonwealth or a political subdivision thereof; or (10) is a beneficiary of an inadvertent submission of a false claim to the commonwealth or a political subdivision thereof, or is a beneficiary of an overpayment from the commonwealth or a political subdivision thereof, and who subsequently discovers the falsity of the claim or the receipt of overpayment and fails to disclose the false claim or receipt of overpayment to the commonwealth or a political subdivision by the later of: (i) the date which is 60 days after the date on which the false claim or receipt of overpayment was identified; or (ii) the date any corresponding cost report is due, if applicable, shall be liable to the commonwealth or political subdivision for a civil penalty of not less than $5,500 and not more than $11,000 per violation, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410 section 5, 104 Stat. 891, note following 28 U.S.C. section 2461, plus 3 times the amount of damages, including consequential damages, that the commonwealth or a political subdivision thereof sustains because of such violation. A person violating sections 5B to 5O, inclusive, shall also be liable to the commonwealth or a political subdivision thereof for the expenses of the civil action brought to recover any such penalty or damages including, without limitation, reasonable attorneys' fees, reasonable expert fees and the costs of investigation, as set forth below. Costs recoverable under said sections 5B to 5O, inclusive, shall also include the costs of any review or investigation undertaken by the attorney general, or by the state auditor or the inspector general in cooperation with the attorney general.

(b) Notwithstanding subsection (a), if the court finds that: (1) the person committing the violation of subsection (a) furnished an official of the office of the attorney general responsible for investigating a false claims law violation with all the information known to such person about the violation within 30 days after the date on which the person first obtained the information; (2) such person fully cooperated with any commonwealth investigation of such violation; and (3) at the time such person furnished the commonwealth with the information about the violation, no civil action or administrative action had commenced under sections 5B to 5O, inclusive, or no criminal prosecution had commenced with respect to such violation, and such person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not less than 2 times the amount of damages, including consequential damages, that the commonwealth or a political subdivision thereof sustains because of the act of that person.

(c) A corporation, partnership or other person shall be liable to the commonwealth under sections 5B to 5O, inclusive, for the acts of its agent where the agent acted with apparent authority, regardless of whether the agent acted, in whole or in part, to benefit the principal and regardless of whether the principal adopted or ratified the agent's claims, representation, statement or other action or conduct.

(d) Sections 5B to 5O, inclusive, shall not apply to claims, records or statements made or presented to establish, limit, reduce or evade liability for the payment of tax to the commonwealth or other governmental authority.

(e) A person who has engaged in conduct described in subsection (a) prior to payment shall only be entitled to payment from the commonwealth of the actual amount due less the excess amount falsely or fraudulently claimed.
 

 

False Claims Act Sec. 5C

SECTION 23.   Section 5C of said chapter 12, as so appearing, is hereby amended by striking out paragraph (3) and inserting in place thereof the following paragraph:-

(3) When a relator brings an action under said sections 5B to 5O, inclusive, a copy of the complaint and written disclosure of substantially all material evidence and information the relator possesses shall be served on the attorney general pursuant to Rule 4(d)(3) of the Massachusetts Rules of Civil Procedure. The complaint shall be filed under seal and shall remain so for 120 days after service upon the attorney general. Notwithstanding any other general or special law or procedural rule to the contrary, service on the defendant shall not be required until the period provided in paragraph (5). The attorney general may, for good cause shown, ask the court for extensions during which the complaint shall remain under seal. Any such motions may be supported by affidavits or other submissions under seal. The attorney general may elect to intervene and proceed with the action on behalf of the commonwealth or political subdivision within the 120-day period or during any extension, after the attorney general receives both the complaint and the material evidence and information. Any information or documents furnished by the relator to the attorney general in connection with an action or investigation under said sections 5B to 5O, inclusive, shall be exempt from disclosure under section 10 of chapter 66.
 

 

False Claims Act Sec. 5C

SECTION 24.   Said section 5C of said chapter 12, as so appearing, is hereby further amended by striking out, in line 38, the words "90 day".
 

 

False Claims Act Sec. 5C - Seal

SECTION 25.   Said section 5C of said chapter 12, as so appearing, is hereby further amended by adding the following paragraph:-

(7) With respect to any federal, state or local government that is named as a co-plaintiff with the commonwealth in an action brought pursuant to sections 5B to 5O, inclusive, a seal on the action ordered by the court under paragraph (3) shall not preclude the commonwealth or the relator from serving the complaint, any other pleadings or the written disclosure of substantially all material evidence and information possessed by the relator on the law enforcement authorities that are authorized under the law of that federal, state or local government to investigate and prosecute such actions on behalf of such governments, except that such seal shall apply to the law enforcement authorities so served to the same extent as the seal applies to other parties in the action.
 

 

False Claims Act Sec. 5F

SECTION 26.   Section 5F of said chapter 12, as so appearing, is hereby amended by inserting after the word "expenses,", in lines 20 and 21, the following words:- fees and costs.
 

 

False Claims Act Sec. 5F

SECTION 27.   Said section 5F of said chapter 12, as so appearing, is hereby further amended by inserting after the word "expenses", in line 31, the following words:- , fees and costs.
 

 

False Claims Act Sec. 5F

SECTION 28.   Paragraph (5) of said section 5F of said chapter 12, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whether or not the attorney general proceeds with the action, if the court finds that the action was brought by a relator who planned and initiated the violation of sections 5B to 5O, inclusive, upon which the action was brought, then the court may, to the extent the court considers appropriate, reduce or eliminate the share of the proceeds of the action which the relator would otherwise receive pursuant to this section, taking into account the role of the relator in advancing the case to litigation and any relevant circumstances pertaining to the violation.
 

 

False Claims Act Sec. 5G Actions brought against governor, lieutenant

SECTION 29.   Said chapter 12 is hereby further amended by striking out section 5G, as so appearing, and inserting in place thereof the following section:-

Section 5G. (a) No court shall have jurisdiction over an action brought pursuant to section 5C against the governor, the lieutenant governor, the attorney general, the treasurer, the secretary of state, the auditor, a member of the general court, the inspector general or a member of the judiciary, if the action is based on evidence or information known to the commonwealth when the action was brought.

(b) An individual may not bring an action pursuant to paragraph (2) of said section 5C that is based upon allegations or transactions which are the subject of a civil suit or an administrative proceeding in which the commonwealth or any political subdivision thereof is already a party.

(c) The court shall dismiss an action pursuant to sections 5B to 5O, inclusive, unless opposed by the commonwealth or any political subdivision thereof, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed: (1) in a Massachusetts criminal, civil or administrative hearing in which the commonwealth is a party; (2) in a Massachusetts legislative, administrative, auditor's or inspector general's report, hearing, audit or investigation; or (3) from the news media, unless the action is brought by the attorney general, or the relator is an original source of the information.
 

 

False Claims Act Sec. 5I

SECTION 30.   Paragraph (1) of section 5I of said chapter 12, as so appearing, is hereby amended by striking out the last sentence.
 

 

False Claims Act Sec. 5J

SECTION 31.   Said chapter 12 is hereby further amended by striking out section 5J, as so appearing, and inserting in place thereof the following section:-

Section 5J. (1) No employer shall make, adopt or enforce any rule, regulation or policy preventing an employee, contractor or agent from disclosing information to a government or law enforcement agency or from acting to further efforts to stop 1 or more violations of sections 5B to 5O, inclusive. No employer shall require as a condition of employment, during the term of employment or at the termination of employment that any employee, contractor or agent agree to, accept or sign an agreement that limits or denies the rights of such employee, contractor or agent to bring an action or provide information to a government or law enforcement agency pursuant to said sections 5B to 5O, inclusive. Any such agreement shall be void.

(2) An employee, contractor or agent shall be entitled to all relief necessary to make that employee, contractor or agent whole if that employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent or a person associated with the employee, contractor or agent in furtherance of an action under sections 5B to 5O, inclusive, or other efforts to stop a violation of said sections 5B to 5O, inclusive.

(3) Notwithstanding any general or special law to the contrary, relief under paragraph (2) shall include reinstatement with the same seniority status the employee, contractor or agent would have had but for the discrimination, twice the amount of back pay, interest on the back pay and compensation for any special damages sustained as a result of the discrimination. In addition, the defendant shall be required to pay litigation costs and reasonable attorneys' fees. An employee, contractor or agent may bring an action in the appropriate superior court, the superior court of the county of Suffolk or any other appropriate court for the relief provided in this section.

(4) A civil action under this section may not be brought more than 3 years after the date when the violation of this section occurred.
 

 

False Claims Act Sec. 5K

SECTION 32.   Section 5K of said chapter 12, as so appearing, is hereby amended by striking out paragraph (2) and inserting in place thereof the following 2 paragraphs:-

(2) If the attorney general elects to intervene and proceed with an action brought pursuant to sections 5B to 5O, inclusive, for a violation of section 5B, the attorney general may file a complaint or amend the complaint of a person who has brought an action pursuant to said sections 5B to 5O, inclusive, to clarify or add detail to the claims in which the attorney general is intervening and to add any additional claims with respect to which the commonwealth or a political subdivision thereof contends it is entitled to relief. For statute of limitations purposes, any such pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the attorney general arises out of the conduct, transactions or occurrences set forth, or attempted to be set forth, in the prior complaint of that person.

(3) Notwithstanding any other general or special law, rule of procedure or rule of evidence to the contrary, a final judgment rendered in favor of the commonwealth in a criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action which involves the same act, transaction or occurrence as in the criminal proceedings and which is brought under section 5B.
 

 

False Claims Act Sec. 5N

SECTION 33.   Section 5N of said chapter 12, as so appearing, is hereby amended by striking out paragraphs (1) and (2) and inserting in place thereof the following 2 paragraphs:-

(1) Notwithstanding any general or special law, procedural rule or regulation to the contrary, whenever the attorney general or a designee has reason to believe that a person may be in possession, custody or control of documentary material or information relevant to a false claims law investigation, the attorney general or a designee may, before commencing a civil action under paragraph (1) of section 5C or other false claims law, or making an election to intervene under paragraph (3) of said section 5C, issue in writing and cause to be served upon such person, a civil investigative demand requiring such person to: (i) produce such documentary material for inspection and copying; (ii) answer written interrogatories, in writing and under oath; (iii) give oral testimony under oath; or (iv) furnish any combination of such material, answers or testimony. The attorney general may delegate to an assistant attorney general the authority to issue civil investigative demands under this section.

(2) Service of a demand pursuant to paragraph (1) may be made by: (i) delivering a copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person; (ii) delivering a copy thereof to the principal place of business or the last and usual place of abode in the commonwealth of the person to be served; or (iii) mailing by registered or certified mail a copy thereof addressed to the person to be served at the person's last and usual place of abode, the principal place of business in the commonwealth or, if said person has no place of business in the commonwealth, to the person's principal office or place of business.
 

 

False Claims Act 5N

SECTION 34.   Said section 5N of said chapter 12, as so appearing, is hereby further amended by striking out paragraph (8) and inserting in place thereof the following paragraph:-

(8) Any documentary material or other information produced by a person pursuant to sections 5B to 5O, inclusive, shall not, unless otherwise ordered by a justice of the superior court for good cause shown, be disclosed to any other person other than the authorized agent or representative of the attorney general and any officer or employee of the commonwealth who is working under their direct supervision with respect to the false claims law investigation, unless with the consent of the person producing the same, except that any information obtained by the attorney general under this section may be shared with any qui tam relator if the attorney general determines it is necessary as part of a false claims act investigation. Such documentary material or information may be disclosed by the attorney general in court proceedings or in papers filed in court. Nothing in this section shall preclude the attorney general from disclosing information and evidence secured pursuant to said sections 5B to 5O, inclusive, to officials of the United States, other states, the commonwealth or any political subdivision thereof charged with the responsibility for enforcement of federal, state or local laws respecting fraud or false claims upon federal, state or local governments. Prior to any such disclosure, the attorney general shall obtain a written agreement from such officials to abide by the restrictions of this section.
 

 

Board of Registration in Nursing

SECTION 35.   Section 13 of chapter 13 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the figure "17" and inserting in place thereof the following figure:- 18.
 

 

Board of Registration in Nursing

SECTION 36.   Said section 13 of said chapter 13, as so appearing, is hereby further amended by striking out, in line 8, the words "112 and 2 consumers." and inserting in place thereof the following words:- 112; 2 consumers and 1 vocational-technical licensed practical nursing educator or administrator who shall be selected from a group of 3 nominees, to be nominated by the Massachusetts Association of Vocational Administrators.
 

 

State Examiners of Electricians

SECTION 37.   Section 32 of said chapter 13, as so appearing, is hereby amended by striking out, in line 4, the word "eight" and inserting in place thereof the following figure:- 9.
 

 

State Examiners of Electricians

SECTION 38.   Said section 32 of said chapter 13, as so appearing, is hereby further amended by inserting after the second sentence the following sentence:- One of the appointees shall be a vocational-technical electrical educator or administrator, who shall be selected from a group of 3 nominees, to be nominated by the Massachusetts Association of Vocational Administrators.
 

 

Board of State Examiners of Plumbers and Gas Fitters

SECTION 39.   Section 36 of said chapter 13, as so appearing, is hereby amended by striking out, in line 3, the word "nine" and inserting in place thereof the following figure:- 10.
 

 

Board of State Examiners of Plumbers and Gas Fitters

SECTION 40.   Said section 36 of said chapter 13, as so appearing, is hereby further amended by inserting after the word "systems", in line 16, the following words:- , 1 of whom shall be a vocational-technical plumbing educator or administrator who shall be selected from a group of 3 persons to be nominated by the Massachusetts Association of Vocational Administrators,.
 

 

Board of Registration of Cosmetology

SECTION 41.   Section 42 of said chapter 13, as so appearing, is hereby amended by striking out, in line 2, the word "seven" and inserting in place thereof the following figure:- 8.
 

 

Board of Registration of Cosmetology

SECTION 42.   Said section 42 of said chapter 13, as so appearing, is hereby further amended by striking out, in line 35, the word "and".
 

 

Board of Registration of Cosmetology

SECTION 43.   Said section 42 of said chapter 13, as so appearing, is hereby further amended by inserting after the word "cosmetology", in line 36, the following words:- and (c) 1 member shall be a vocational-technical cosmetology educator or administrator who shall be selected from a group of 3 persons, to be nominated by the Massachusetts Association of Vocational Administrators.
 

 

Board of Examiners of Sheet Metal Workers

SECTION 44.   Section 101 of said chapter 13, as so appearing, is hereby amended by striking out, in line 4, the figure "5" and inserting in place thereof the following figure:- 6.
 

 

Board of Examiners of Sheet Metal Workers

SECTION 45.   Said section 101 of said chapter 13, as so appearing, is hereby further amended by inserting, after the word "work", in line 9, the following words:- , 1 of whom shall be a vocational-technical sheet metal educator or administrator who shall be selected from a group of 3 persons, to be nominated by the Massachusetts Association of Vocational Administrators.
 

 

Community College Reform

SECTION 46.   Section 21 of chapter 15A of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

There shall be a board of trustees consisting of 11 members for each of the institutions named in section 5, other than the University of Massachusetts. Each board of trustees shall elect a chairman; provided, however, that in the case of community colleges, the governor shall appoint the chairman, who shall reside within the geographic region of the community college. Each community college board of trustees shall include a vocational-technical school district trustee, pursuant to section 4 of chapter 74, representing each vocational-technical school in the region, to serve as a non-voting member.
 

 

Community college reform

SECTION 47.   Said section 21 of said chapter 15A, as so appearing, is hereby further amended by inserting after the second paragraph the following paragraph:-

Each community college board of trustees shall designate a member to serve as a non-voting member of the district trustees for vocational-technical schools that share the same geographic region as the community college. The designated member shall serve as a liaison between the 2 boards for the purposes of sharing information and developing policies that promote greater interaction between the community college and the vocational-technical schools while maximizing the educational resources available to individuals seeking to learn a trade or develop targeted employment skills.
 

 

Community college reform

SECTION 48.   Said section 21 of said chapter 15A, as so appearing, is hereby further amended by inserting after the word "institution", in line 57, the following words:- ; provided, however, that the council shall appoint 1 voting member to assist the board of trustees in a search for the appointment of the chief executive officer.
 

 

Community college reform

SECTION 49.   Section 22 of said chapter 15A, as so appearing, is hereby amended by inserting after the word "authority", in lines 7 and 8, the following words:- ; provided further, that the local board of trustees of a community college shall annually submit a report detailing estimates of maintenance, capital outlay budgets and proposed property acquisitions for the institution under its authority to the house and senate committees on ways and means, the secretary of administration and finance and the commissioner of capital asset management and maintenance on or before December 31.
 

 

Community college reform

SECTION 50.   Clause (o) of said section 22 of said chapter 15A, as so appearing, is hereby amended by adding the following sentence:- Said assessment report shall include an analysis of the collaboration between the community college and vocational technical schools and the training and job development programs implemented by the community college and vocational technical schools.
 

 

Community college reform

SECTION 51.   Said chapter 15A is hereby further amended by adding the following section:-

Section 42. The commissioner shall establish in the department of higher education, an office of coordination. The commissioner shall appoint a director to operate and administer the office who shall have experience with workforce development in the public or private sector. The director shall work to establish a clearinghouse for all training opportunities provided by public higher education institutions. The University of Massachusetts, state universities and community colleges shall report to this office every workforce training opportunity the institutions provide for the institutions' students and others in the workforce and all workforce training requests the institutions received but were not able to meet. The director shall maintain a public website listing all training opportunities offered by public higher education institutions and shall provide support for employers with workforce training needs that can be served through public higher education institutions. The director shall provide information to public higher education institutions to help the institutions provide workforce development services in the most efficient manner possible and eliminate redundancies in the commonwealth's public higher education workforce development offerings. The director shall establish a program for employers newly opened in or relocated to the commonwealth to apprise these employers of workforce training programs offered through public higher education institutions and provide assistance in securing workforce development grants through the department of higher education. The office of coordination shall coordinate with existing workforce development programs provided by the commonwealth. The director shall prepare an annual report for publication on progress to improve the effectiveness of the commonwealth's workforce development efforts offered through public higher education institutions and shall report regularly to the public on the progress the office is making towards achieving the stated goals.

The annual report, which shall be in a form and manner prescribed by the commissioner, shall include, but not be limited to: (i) a commissioner-approved plan for the year, including the goals set for the year and the performance measurements by which to evaluate those goals and programs or initiatives to meet those goals; (ii) the number, nature and amount of trainings facilitated and grants awarded to employers assisted by the office; and (iii) a description of technical assistance that the office provided.

The annual report of the office shall be made available to the public on the commonwealth's website not later than December 31 and shall be filed with the clerks of the senate and house of representatives and the chairs of the house and senate committees on ways and means.
 

 

Electronic Benefit Transfer Cards

SECTION 52.   Paragraph (B) of section 2 of chapter 18 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out clause (i) and inserting in place thereof the following 2 clauses:-

(i) charge a fee up to the maximum amount permissible under federal law for any identification card it issues as a replacement for an identification card that has been lost, mutilated, stolen or destroyed, except if such loss or destruction occurs during the mailing of an original identification card to a recipient, if the card ceases to work through no fault of the recipient or if the department issues replacement cards on its own initiative to classes of recipients; provided that the fee shall not be less than $5; and provided further that all fees for replacement cards shall be deducted directly from the recipient's cash assistance benefits.

(j) send a notice to any benefit recipient who requests more than 3 replacement electronic benefit transfer cards in a calendar year and monitor future requests for replacement cards; provided that the notice shall state that the department has noted an unusual number of requests for replacement electronic benefits cards and will be monitoring all future requests for replacement cards.
 

 

Electronic Benefit Transfer Cards

SECTION 53.   Chapter 18 of the General laws, inserted by chapter 84 of the acts of 2011, is hereby amended by striking out sections 5I and 5J and inserting in place thereof the following 2 sections:-

Section 5I. (a) As used in sections 5I and 5J the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

"Access device", a card, code or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food and Nutrition Act of 2008, 7 U.S.C. 2011 et seq., or regulations issued pursuant to the federal Food and Nutrition Act of 2008.

"Direct cash assistance", any manner of cash assistance provided by the department of transitional assistance including, but not limited to, temporary aid to families with dependent children, wherein the assistance is provided directly to the recipient, rather than a vendor.

"Electronic benefit transfer card", a card that provides benefits through an electronic benefit transfer.

"Electronic benefit transfer transaction", the use of a credit or debit card service, automated teller machine, point-of-sale terminal or access to an online system for the withdrawal of funds or the processing of a payment for merchandise or a service

"Vacation services", furnishing interstate or foreign travel services solely for the purpose of recreation including, but not limited to transportation, lodging and travel agent services; provided, however, that vacation services shall not include travel related to: a personal or family emergency, the death of a family member, employment, medical treatment, appearance before a court of law, court-authorized parental visitation and such other categories of travel which may be designated from time to time by the department as non-recreational travel.

(b) No person shall knowingly use or accept direct cash assistance funds held on electronic benefit transfer cards or access devices for the purchase or sale of the following services or products: alcoholic beverages as defined in section 1 of chapter 138; lottery tickets; tobacco products as defined in section 1 of chapter 64C; visual material or performances intended to create or simulate sexual conduct or sexual excitement as those terms are defined in section 31 of chapter 272; firearms and ammunition as defined in section 121 of chapter 140; vacation services; tattoos or body piercings; jewelry; for gambling as defined in section 2 of chapter 23K or for the payment to the commonwealth of or any political subdivision thereof of any fees, fines, bail or bail bonds ordered by a court.

(c) Any eligible recipient of direct cash assistance who knowingly makes a prohibited purchase in violation of this section shall reimburse the department for such purchase and, for the second offense, shall be disqualified from the direct cash assistance program for a period of 2 months and, for the third offense, shall be disqualified from the direct cash assistance program permanently; provided, however, that the department shall only disqualify an eligible recipient after notice and a hearing pursuant to section 30A.

Section 5J. (a) The department shall maintain policies and practices as necessary to prevent cash assistance provided under this chapter from being used in any electronic benefit transfer transaction at: liquor stores; casinos, gambling casinos or gaming establishments licensed pursuant to chapter 23K; retail establishments which provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, as defined in Section 408(a) of the Social Security Act, as amended; adult bookstores or adult paraphernalia stores, as defined in section 9A of chapter 40A; firearms dealers licensed under section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; tattoo parlors; manicure shops or aesthetic shops registered pursuant to chapter 112; rent-to-own stores; jewelry stores; or on cruise ships. Such establishments shall not accept electronic benefits transfer cards. A store owner who knowingly allows a prohibited electronic benefit transfer transaction in violation of this section or subsection (b) of section 5I shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $2,500 for a second offense and by a fine of not less than $2,500 for a third or subsequent offense.

(b) A store owner who knowingly violates this section and who also possesses a license to sell alcoholic beverages under section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138.

(c) A store owner who knowingly violates this section and who also possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery for possible disciplinary action.
 

 

Section 5K Obtaining or receiving department of transitional assistance property through embezzlement, theft or fraud;

SECTION 54.   Said chapter 18 is hereby further amended by inserting after section 5K the following 3 sections:-

Section 5L. (a) As used this section and section 5M, "food stamp benefits" shall mean benefits issued pursuant to the federal Food and Nutrition Act of 2008, 7 U.S.C. 2011 to 2029, inclusive, as amended, including such benefits contained on an electronic benefit transfer card.

(b) An individual commits the offense of food stamp benefits trafficking if the individual knowingly:

(1) presents for payment or redemption or transfers food stamp benefits in any form, including transfers to another, who does not, or does not intend to, use the food stamp benefits for the benefit of the household for whom the benefits were intended, as defined in the regulations of the department; or

(2) possesses, buys, sells, uses, alters, accepts or transfers food stamp benefits in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. 2011, as amended.

(c) An individual who traffics food stamp benefits, as described in subsection (b), shall:

(1) if the food stamp benefits are of a value of less than $250 or if the item used, transferred, acquired, altered or possessed has a value of less than $250, be punished by imprisonment in a jail or house of correction for not more than 1 year or by a fine of not more than $1,000, or both such fine and imprisonment; or

(2) if the food stamp benefits are of a value of $250 or more or the item used, transferred, acquired, altered or possessed has a value of $250 or more, be punished by imprisonment in a jail or house of correction for not more than 2 years or by imprisonment in a state prison for not more than 5 years or by a fine of not more than $5,000, or both fine and imprisonment.

(d) If a person is alleged to have committed the offense of trafficking in food stamp benefits 2 or more times within a 6-month period, those offenses may be aggregated and charged in a single count and the offenses so aggregated and charged shall constitute a single offense; provided, however, that, if the aggregate value of the food stamp benefits alleged to be trafficked is $250 or more, the person shall be subject to the penalties prescribed in clause (2) of subsection (c).

(e) Crimes under this section may be prosecuted and punished in any county where a defendant used, transferred, acquired or possessed food stamp benefits or in the county in which the state agency responsible for administering food stamp benefits is headquartered.

Section 5M. (a) As used in this section, "organization" shall mean a corporation for profit or not-for-profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust or other commercial or legal entity; provided, however, that "organization" shall not include an entity organized as or by a governmental agency for the execution of a governmental program.

(b) An organization commits the offense of organizational food stamp benefits trafficking if the organization knowingly; (i) uses, sells, transfers, acquires, alters or possesses food stamp benefits or electronic benefit transfer cards in any manner not authorized by the Food and Nutrition Act of 2008, 7 U.S.C. 2011, as amended, or the regulations of the department; or (2) presents for payment or redemption food stamp benefits that have been received, transferred, altered or used in violation of this section shall be guilty of organizational food stamp benefits trafficking.

(c) If an organization is alleged to have committed the offense of organizational food stamp benefits trafficking 2 or more times within a 6-month period, any of those offenses may be aggregated and charged in a single count and the offenses so aggregated and charged shall constitute a single offense.

(d) An organization that commits food stamp benefits trafficking as described in subsection (c) shall:

(1) if it is the organization's first offense under this section, be punished by a fine of not less than $5,000;

(2) if it is the organization's second offense under this section, be punished by a fine of not less than $10,000; or

(3) if it is the organization's third or subsequent offense under this section, be punished by a fine of not less than $50,000.

(e) A retail or wholesale organization owner who is convicted of organizational food stamp benefits trafficking and who also possesses a license to sell alcoholic beverages under section 12 of chapter 138 shall be referred to the appropriate licensing authority for possible disciplinary action pursuant to section 64 of said chapter 138.

(f) A retail or wholesale organization owner who is convicted of organizational food stamp benefits trafficking and who also possesses a license to sell lottery tickets under sections 26 and 27 of chapter 10 shall be referred to the director of the state lottery for possible disciplinary action.

(g) Crimes under this section may be prosecuted and punished in any county where defendant used, transferred, acquired or possessed food stamp benefits, or the county in which the state agency responsible for administering food stamp benefits is headquartered.

Section 5N. The department shall develop and make available on its website for download a sign specifying the department's fraud hotline. Business associations may also maintain a downloadable form of the sign on the business associations' websites. Such sign shall be posted in a conspicuous area in any business accepting electronic benefits transfer cards as a form of payment. Any business accepting electronic benefit transfer cards as a form of payment shall maintain a list of categories of prohibited products under section 5I at each cash register.
 

 

Department of Mental Health Worker-Safety Symposium

SECTION 55.   Section 1 of chapter 19 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

The department shall, on an annual basis, conduct a safety symposium known as the Stephanie Moulton Safety Symposium, which shall be a forum to discuss topics including, but not limited to, best safety practices and policies and risk management for community-based services.
 

 

University of Massachusetts Medical School

SECTION 56.   Chapter 22C of the General Laws is hereby amended by striking out section 39, as so, and inserting in place thereof the following 3 sections:-

Section 39. (a) The department shall, free of charge, or the University of Massachusetts Medical School shall, under section 36B of chapter 75, make a chemical analysis of any narcotic drug, any synthetic substitute for the same, any preparation containing the same, or any salt or compound thereof, and of any poison, drug, medicine or chemical submitted to it by police authorities, as the department shall approve for this purpose; provided, however, that neither the department nor the medical school shall conduct such analysis unless it is satisfied that the analysis submitted to it is to be used in connection with the enforcement of law.

(b) A certificate by a chemist or analyst or other designated employee of the department or of the University of Massachusetts medical school of the result of the chemist's or analyst's or other designated employee's analysis, signed and sworn to by that chemist or analyst or other designated employee, shall be prima facie evidence of the composition, quality and, when appropriate, net weight of the substance or any mixture containing the substance.

(c) A signed certificate of drug analysis furnished by an analyst, assistant analyst or other designated employee of the Drug Enforcement Administration of the United States Department of Justice which conforms with the requirements of this section shall be prima facie evidence of the composition, quality and, when appropriate, net weight of the substance or any mixture containing the substance.

Section 39A. The department shall analyze, in accordance with sections 36 to 39, inclusive, of chapter 138, all samples of alcoholic beverages, as defined in section 1 of said chapter 138, submitted to it for that purpose by police authorities as provided in said section 36 if satisfied that the analysis is to be used in enforcing the laws.

Section 39B. The director of the crime laboratory within the department shall establish procedural rules and policies governing the department's testing and analysis of drug samples and shall establish a quality assurance program for the department, which shall include proficiency standards for its laboratories and analysts responsible for performing drug testing and analysis. The procedural rules and quality assurance program shall be compatible with the laboratory's accreditation procedural rules and shall establish compatible laboratory techniques, laboratory equipment, supplies, computer software and acceptance criteria for laboratory accreditation.
 

 

Gateway Cities Definition

SECTION 57.   Section 3A of chapter 23A of the General Laws, as so appearing, is hereby amended by striking out, in line 139, the figure "35,000" and inserting in place thereof the following figure:- 20,000.
 

Veto Explanation:
I am vetoing this section because it dilutes limited funding available for targeted communities.

 

Cultural Facilities Grants

SECTION 58.   Section 42 of chapter 23G of the General Laws, as so appearing, is hereby amended by inserting after the word "facility", in line 27, the following words:- ; provided, however, that if such building, structure or site is 125 years old or older and is significant in the history, archeology, architecture or culture of the nation, the commonwealth or the community in which it is located, it may be of any size.
 

 

Tax Settlement Revenue

SECTION 59.   Section 2H of chapter 29 of the General Laws is hereby amended by striking out the third paragraph, added by section 37 of chapter 68 of the acts of 2011, and inserting in place thereof the following 2 paragraphs:-

Upon receiving a written joint certification from the commissioner of revenue and the attorney general that the department of revenue is in receipt of a 1-time tax 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 tax settlement or judgment, exceeds $1,000,000 in any 1 fiscal year, the comptroller shall transfer the proceeds from the General Fund to the Commonwealth Stabilization Fund.

In each fiscal year, prior to complying with clause (a) of section 5C, the comptroller shall transfer from the Commonwealth Stabilization Fund to the General Fund the lesser of: (a) one-half of the lowest aggregate amount collected in any 1 of the previous 3 fiscal years from 1-time tax settlements or judgments collected by the department of revenue for the commonwealth with a net value that exceeds $1,000,000; or (b) $30,000,000.
 

Veto Explanation:
I am vetoing this section because it is likely to have the effect of reducing revenues necessary to support the operating budget.

 

Public Safety and Health Care Workforce Funds

SECTION 60.   Said chapter 29 is hereby further amended by inserting after section 2EEEE the following section:-

Section 2FFFF. There shall be established upon the books of the commonwealth a separate fund to be known as the Health Care Workforce Transformation Fund.
 

 

Unclaimed Check Fund

SECTION 61.   Section 32 of said chapter 29 is hereby amended by inserting after the second sentence, as appearing in section 6 of chapter 142 of the acts of 2011, the following sentence:- Annually, on June 30, the comptroller shall transfer to the Unclaimed Property Fund, established in section 9 of chapter 200A, all funds that are identified by the state treasurer as funds of the commonwealth that have remained in the unclaimed check fund for not less than 1 year.
 

 

Group 2 for DCF Social Workers

SECTION 62.   Section 3 of chapter 32 of the General Laws is hereby amended by inserting after the word "prisoners", in line 252, as so appearing, the following words:- ; employees of the department of children and families holding the title of social worker A/B, C or D or successive titles who have been employed in such titles for 10 years or more.
 

 

Retirement allowances

SECTION 63.   Section 101 of said chapter 32, as so appearing, is hereby amended by inserting after the figure "$9,000", in line 10, the following words:- , or, in a retirement system accepting the supplemental annual allowance provided in the third paragraph, $12,000.
 

 

Retirement allowances

SECTION 64.   The second paragraph of said section 101 of said chapter 32, as so appearing, is hereby amended by striking out the fourth sentence.
 

 

Retirement allowances

SECTION 65.   Said section 101 of said chapter 32, as so appearing, is hereby further amended by adding the following paragraph:-

Any retirement system may accept the supplemental annual allowance, provided for by this paragraph and fixed at the rate of $12,000, by a majority vote of the board of each such system, subject to the approval of the legislative body. Acceptance shall be deemed to have occurred upon the filing of a certification of such votes with the commission. For purposes of this section, the state teachers' and state employees' retirement systems shall be deemed to have accepted this paragraph.
 

 

Health Insurance

SECTION 66.   Section 19 of chapter 32B of the General Laws, as most recently amended by section 56 of chapter 68 of the acts of 2011, is hereby further amended by inserting at the end thereof the following subsection:-

(j) Notwithstanding any other general or special law to the contrary, in the event that an agreement, either executed or modified, was reached by an appropriate public authority and the public employee committee to transfer all subscribers, for whom the authority provides health insurance coverage, to the commission under subsections (e) and (f), its retirees, surviving spouses and their dependents may enroll in the dental insurance plan provided by the commission to retirees, surviving spouses and their dependents insured under chapter 32A, at premium contribution ratios that requires retirees, surviving spouses and their dependents to contribute 100 per cent of the dental insurance premium and administrative fee. The commission shall provide dental insurance coverage, under its plan for retirees, surviving spouses and their dependents insured under chapter 32A, to retirees, surviving spouses and their dependents who elect the coverage under this subsection, as it so provides health insurance coverage under subsections (e) and (f). The commission may charge an administrative fee, which shall not be more than 1 per cent of the cost of total dental insurance premiums for the retirees, surviving spouses and their dependents who enroll in the dental insurance plan under this section, to be determined by the commission which shall be considered as part of the cost of coverage for purposes of determining the contributions of the political subdivision and its retirees, surviving spouses and their dependents to the cost of insurance coverage by the commission.
 

 

Health Insurance

SECTION 67.   Section 23 of said chapter 32B of the General Laws, as appearing in section 3 of chapter 69 of the acts of 2011, is hereby amended by adding the following subsection:-

(i) Notwithstanding any other general or special law to the contrary, in the event that an agreement, either executed or modified, was reached by an appropriate public authority and the public employee committee to transfer all subscribers, for whom the authority provides health insurance coverage, to the commission under this section, its retirees, surviving spouses and their dependents may enroll in the dental insurance plan provided by the commission to retirees, surviving spouses and their dependents insured under chapter 32A, at premium contribution ratios that requires retirees, surviving spouses and their dependents to contribute 100 per cent of the dental insurance premium and administrative fee. The commission shall provide dental insurance coverage, under its plan for retirees, surviving spouses and their dependents insured under chapter 32A, to retirees, surviving spouses and their dependents who elect the coverage under this subsection, as it so provides health insurance coverage under this section. The commission may charge an administrative fee, which shall not be more than 1 per cent of the cost of total dental insurance premiums for the retirees, surviving spouses and their dependents who enroll in the dental insurance plan under this subsection, to be determined by the commission which shall be considered as part of the cost of coverage for purposes of determining the contributions of the political subdivision and its retirees, surviving spouses and their dependents to the cost of insurance coverage by the commission.
 

 

Sheriff Identification Card

SECTION 68.   Chapter 37 of the General Laws is hereby amended by adding the following section:-

Section 26. The sheriff shall issue to every full-time deputy employed by the sheriff an identification card bearing the deputy's photograph and identifying information. The secretary of public safety and security may adopt regulations relative to the form, content and issuance of identification cards and to the carrying thereof by deputies.
 

 

Community Preservation

SECTION 69.   Section 2 of chapter 44B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the definition of "Annual income" the following definition:-

"Capital improvement", reconstruction or alteration of real property that: (1) materially adds to the value of the real property or appreciably prolongs the useful life of the real property; (2) becomes part of the real property or is permanently affixed to the real property so that removal would cause material damage to the property or article itself; and (3) is intended to become a permanent installation or is intended to remain there for an indefinite period of time.
 

 

Community Preservation Act

SECTION 70.   Said section 2 of said chapter 44B, as so appearing, is hereby further amended by striking out, in line 24, the words "or eligible for listing".
 

 

Community Preservation Act

SECTION 71.   Said section 2 of said chapter 44B, as so appearing, is hereby further amended by striking out the definition of "Maintenance" and inserting in place thereof the following definition:-

"Maintenance", incidental repairs which neither materially add to the value of the property nor appreciably prolong the property's life, but keep the property in a condition of fitness, efficiency or readiness.
 

 

Community Preservation Act

SECTION 72.   Said section 2 of said chapter 44B, as so appearing, is hereby further amended by striking out, in line 54, the words ", but not including maintenance".
 

 

Limitations and restrictions upon manner of incurring debt.

SECTION 73.   Said section 2 of said chapter 44B, as so appearing, is hereby further amended by striking out the definition of "Rehabilitation" and inserting in place thereof the following 2 definitions:-

"Rehabilitation", capital improvements, or the making of extraordinary repairs, to historic resources, open spaces, lands for recreational use and community housing for the purpose of making such historic resources, open spaces, lands for recreational use and community housing functional for their intended uses including, but not limited to, improvements to comply with the Americans with Disabilities Act and other federal, state or local building or access codes; provided, that with respect to historic resources, "rehabilitation" shall comply with the Standards for Rehabilitation stated in the United States Secretary of the Interior's Standards for the Treatment of Historic Properties codified in 36 C.F.R. Part 68; and provided further, that with respect to land for recreational use, "rehabilitation" shall include the replacement of playground equipment and other capital improvements to the land or the facilities thereon which make the land or the related facilities more functional for the intended recreational use.

"Support of community housing", shall include, but not be limited to, programs that provide grants, loans, rental assistance, security deposits, interest-rate write downs or other forms of assistance directly to individuals and families who are eligible for community housing or to an entity that owns, operates or manages such housing, for the purpose of making housing affordable.
 

 

Community Preservation

SECTION 74.   Section 3 of said chapter 44B, as so appearing, is hereby amended by inserting after subsection (b) the following subsection:-

(b1/2) Notwithstanding chapter 59 or any other general or special law to the contrary, as an alternative to subsection (b), the legislative body may vote to accept sections 3 to 7, inclusive, by approving a surcharge on real property of not less than 1 per cent of the real estate tax levy against real property and making an additional commitment of funds by dedicating revenue not greater than 2 per cent of the real estate tax levy against real property; provided, however, that additional funds so committed shall come from other sources of municipal revenue including, but not limited to, hotel excises pursuant to chapter 64G, linkage fees and inclusionary zoning payments, however authorized, the sale of municipal property pursuant to section 3 of chapter 40, parking fines and surcharges pursuant to sections 20, 20A and 20A1/2 of chapter 90, existing dedicated housing, open space and historic preservation funds, however authorized, and gifts received from private sources for community preservation purposes; and provided further, that additional funds so committed shall not include any federal or state funds. The total funds committed to purposes authorized under this chapter by means of this subsection shall not exceed 3 per cent of the real estate tax levy against real property, less exemptions, adopted. In the event that the municipality shall no longer dedicate all or part of the additional funds to community preservation, the surcharge of not less than 1 per cent shall remain in effect, but may be reduced pursuant to section 16.
 

 

Community Preservation

SECTION 75.   Said section 3 of said chapter 44B, as so appearing, is hereby further amended by striking out, in lines 28 to 30, inclusive, the words "or (3) for $100,000 of the value of each taxable parcel of residential real property" and inserting in place thereof the following words:-

(3) for $100,000 of the value of each taxable parcel of residential real property; or

(4) for $100,000 of the value of each taxable parcel of class three, commercial property, and class four, industrial property as defined in section 2A of said chapter 59.
 

 

Community Preservation

SECTION 76.   Section 5 of said chapter 44B, as so appearing, is hereby amended by inserting after the word "preservation", in lines 23 and 24, the following words:-, including the consideration of regional projects for community preservation.
 

 

Community Preservation

SECTION 77.   Subsection (b) of said section 5 of said chapter 44B, as so appearing, is hereby further amended by striking out paragraph (2) and inserting in place thereof the following paragraph:-

(2) The community preservation committee shall make recommendations to the legislative body for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created as provided in this section; provided, however, that funds expended pursuant to this chapter shall not be used for maintenance. With respect to community housing, the community preservation committee shall recommend, whenever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited.
 

 

Community Preservation

SECTION 78.   Said section 5 of said chapter 44B, as so appearing, is further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) After receiving recommendations from the community preservation committee, the legislative body shall take such action and approve such appropriations from the Community Preservation Fund as set forth in section 7, and such additional non-Community Preservation Fund appropriations as it deems appropriate to carry out the recommendations of the community preservation committee. In the case of a city, the ordinance shall provide for the mechanisms under which the legislative body may approve or veto appropriations made pursuant to this chapter, in accordance with the city charter.
 

 

Annual revenues; open space, historic resources and community housing.

SECTION 79.   Said chapter 44B is hereby further amended by striking out section 6, as so appearing, and inserting in place thereof the following section:-

Section 6. In each fiscal year and upon the recommendation of the community preservation committee, the legislative body shall spend, or set aside for later spending, not less than 10 per cent of the annual revenues in the Community Preservation Fund for open space, not less than 10 per cent of the annual revenues for historic resources and not less than 10 per cent of the annual revenues for community housing. In each fiscal year, the legislative body shall make appropriations from the Community Preservation Fund as it deems necessary for the administrative and operating expenses of the community preservation committee and such appropriations shall not exceed 5 per cent of the annual revenues in the Community Preservation Fund. The legislative body may also make appropriations from the Community Preservation Fund as it deems necessary for costs associated with tax billing software and outside vendors necessary to integrate such software for the first year that a city or town implements the this chapter; provided, however, that the total of any administrative and operating expenses of the community preservation committee and the first year implementation expenses shall not exceed 5 per cent of the annual revenues in the Community Preservation Fund.

Funds that are set aside shall be held in the Community Preservation Fund and spent in that year or later years; provided, however, that funds set aside for a specific purpose shall be spent only for the specific purpose. Any funds set aside may be expended in any city or town. The community preservation funds shall not replace existing operating funds, only augment them.
 

 

Community Preservation

SECTION 80.   The second paragraph of section 7 of said chapter 44B, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The following monies shall be deposited in the fund: (i) all funds collected from the real property surcharge or bond proceeds in anticipation of revenue pursuant to sections 4 and 11; (ii) additional funds appropriated or dedicated from allowable municipal sources pursuant to subsection (b1/2) of section 3, if applicable; (iii) all funds received from the commonwealth or any other source for such purposes; and (iv) proceeds from the disposal of real property acquired with funds from the Community Preservation Fund.
 

 

Annual distributions of monies in trust fund.

SECTION 81.   Said chapter 44B is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. (a) The commissioner of revenue shall annually on or before November 15 disburse monies from the fund established in section 9 to a city or town that has accepted sections 3 to 7, inclusive, and notified the commissioner of its acceptance. The community shall notify the commissioner of the date and terms on which the voters accepted said sections 3 to 7, inclusive. The municipal tax collecting authority shall certify to the commissioner the amount the city or town has raised through June 30 by imposing a surcharge on its real property levy and shall certify the percentage of the surcharge applied. In the event a city or town accepts said sections 3 to 7, inclusive, pursuant to subsection (b1/2) of section 3 the municipal tax collecting authority shall certify to the commissioner by October 30, the maximum additional funds the city or town intends to transfer to the Community Preservation Fund from allowable municipal sources for the following fiscal year. Once certified, the city or town may choose to transfer less than the certified amount during the following fiscal year.

(b) The commissioner shall multiply the amount remaining in the fund after any disbursements for operating and administrative expenses pursuant to subsection (c) of section 9 by 80 per cent. This amount distributed in the first round distribution shall be known as the match distribution. The first round total shall be distributed to each city or town accepting said sections 3 to 7, inclusive, in an amount not less than 5 per cent but not greater than 100 per cent of the total amount raised by the additional surcharge on real property by each city or town and, if applicable, the additional funds committed from allowable municipal sources pursuant to subsection (b1/2) of section 3. The percentage shall be the same for each city and town and shall be determined by the commissioner annually in a manner that distributes the maximum amount available to each participating city or town.

(c) The commissioner shall further divide the remaining 20 per cent of the fund in a second round distribution, known as the equity distribution. The commissioner shall determine the equity distribution in several steps. The first step shall be to divide the remaining 20 per cent of the fund by the number of cities and towns that have accepted said sections 3 to 7, inclusive. This dividend shall be known as the base figure for equity distribution. This base figure shall be determined solely for purposes of performing the calculation for equity distribution and shall not be added to the amount received by a participant.

(d) Each city and town in the commonwealth shall be assigned a community preservation rank for purposes of the equity distribution. The commissioner shall determine each community's rank by first determining the city or town's equalized property valuation per capita ranking, ranking cities and towns from highest to lowest valuation. The commissioner shall also determine the population of each city or town and rank each from largest to smallest in population. The commissioner shall add each equalized property valuation rank and population rank, and divide the sum by 2. The dividend shall be the community preservation raw score for that city or town.

(e) The commissioner shall then order each city or town by community preservation raw score, from the lowest raw score to the highest raw score. This order shall be the community preservation rank for each city or town. If more than 1 city or town has the same community preservation raw score, the city or town with the higher equalized valuation rank shall receive the higher community preservation rank.

(f) After determining the community preservation rank for each city and town, the commissioner shall divide all cities or towns into deciles according to their community preservation ranking, with approximately the same number of cities and towns in each decile, and the cities or towns with the highest community preservation rank shall be placed in the lowest decile category, starting with decile 10. Percentages shall be assigned to each decile as follows:

decile 1           140 per cent of the base figure

decile 2           130 per cent of the base figure

decile 3           120 per cent of the base figure

decile 4           110 per cent of the base figure

decile 5           100 per cent of the base figure

decile 6           90 per cent of the base figure

decile 7           80 per cent of the base figure

decile 8           70 per cent of the base figure

decile 9           60 per cent of the base figure

decile 10           50 per cent of the base figure

After assigning each city and town to a decile according to their community preservation rank, the commissioner shall multiply the percentage assigned to that decile by the base figure to determine the second round equity distribution for each participant.

(g) Notwithstanding any other provision of this section, the total state contribution for each city and town shall not exceed the actual amount raised by the city or town's surcharge on its real property levy and, if applicable, additional funds committed from allowable municipal sources pursuant to subsection (b1/2) of section 3.

(h) When there are monies remaining in the Massachusetts Community Preservation Trust Fund after the first and second round distributions and any necessary administrative expenses have been paid in accordance with section 9, the commissioner may conduct a third round surplus distribution. Any remaining surplus in the fund may be distributed by dividing the amount of the surplus by the number of cities and towns that have accepted sections 3 to 7, inclusive. The resulting dividend shall be the surplus base figure. The commissioner shall then use the decile categories and percentages as defined in this section to determine a surplus equity distribution for each participant.

(i) The commissioner shall determine each participant's total state grant by adding the amount received in the first round distribution with the amounts received in any later round of distributions, with the exception of a city or town that has already received a grant equal to 100 per cent of the amount the community raised by its surcharge on its real property levy.

(1) Only those cities and towns that adopt the maximum surcharge pursuant to subsection (b) of section 3 and those cities and towns that adopt the maximum surcharge and additional funds committed from allowable municipal sources such that the total funds are the equivalent of 3 per cent of the real estate tax levy against real property pursuant to subsection (b1/2) of said section 3 shall be eligible to receive additional state monies through the equity and surplus distributions.

(2) If less than 10 per cent of the cities and towns have accepted sections 3 to 7, inclusive, and imposed and collected a surcharge on their real property levy, the commissioner may calculate the state grant with only 1 round of distributions or in any other equitable manner.

(j) After distributing the Massachusetts Community Preservation Trust Fund in accordance with this section, the commissioner shall keep any remaining funds in the trust for distribution in the following year.
 

 

Community Preservation

SECTION 82.   Section 12 of said chapter 44B, as so appearing, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) A real property interest that is acquired with monies from the Community Preservation Fund shall be bound by a permanent restriction, recorded as a separate instrument, that meets the requirements of sections 31 to 33, inclusive, of chapter 184 limiting the use of the interest to the purpose for which it was acquired. The permanent restriction shall run with the land and shall be enforceable by the city or town or the commonwealth. The permanent restriction may also run to the benefit of a nonprofit organization, charitable corporation or foundation selected by the city or town with the right to enforce the restriction. The legislative body may appropriate monies from the Community Preservation Fund to pay a nonprofit organization created pursuant to chapter 180 to hold, monitor and enforce the deed restriction on the property.
 

 

Community Preservation

SECTION 83.   Section 16 of said chapter 44B, as so appearing, is hereby amended by inserting after the word "chapter", in line 5, the following words:- , including reducing the surcharge to 1 per cent and committing additional municipal funds pursuant to subsection (b 1/2) of section 3.
 

 

Form of bill or notice; electronic format; notices for rates of utility fees; nonpolitical municipal informational mater

SECTION 84.   Section 3A of chapter 60 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(e) The collector may issue an electronic bill or notice for any other tax, excise, betterment or assessment committed by the assessors under a voluntary electronic billing program established for such tax, excise, betterment or assessment in the manner set forth in subsection (a). The electronic bill or notice issued under the program shall meet the standards required by law for such tax, excise, betterment or assessment bills or notices.
 

 

Collection of tax; abatement.

SECTION 85.   The first paragraph of section 2 of chapter 60A of the General Laws, as so appearing, is hereby amended by striking out the seventh sentence.
 

 

The making of a financial contribution, gift, bequest.

SECTION 86.   Subsection (f) of section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- "For purposes of clause (1), the making of a financial contribution, gift, bequest, donation or any other financial instrument or pledge in any amount or the donation or loan of any object of any value, or any combination of the foregoing, qualifying for deduction as a charitable contribution under section 170 (a) of the Code to any corporation, foundation, organization or institution, which is exempt from taxation under section 501(c)(3) of the Code, shall not be used in any manner to determine domicile in the commonwealth or any other jurisdiction.
 

 

Vocational Education

SECTION 87.   Section 1 of chapter 74 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Service programs" and inserting in place thereof the following definition:-

"Service programs", the preparation of students in occupational areas such as hotel and lodging, cosmetology, child care or any service occupation that by its nature is characterized as being a service, professional or non-professional; provided, however, that such programs shall be in compliance with the program approval criteria regulations published by the state board.
 

 

Community College Reform

SECTION 88.   Section 4 of said chapter 74, as so appearing, is hereby amended by adding the following 2 sentences:- Pursuant to section 21 of chapter 15A, 1 member of said board shall be designated by the district trustees to serve as a non-voting member of the board of trustees for any community college that shares the same geographic region as the independent vocational-technical school. The designated member shall serve as a liaison between the 2 boards for the purposes of sharing information and developing policies that will promote greater interaction between the vocational-technical school and the community college while maximizing the educational resources available to individuals seeking to learn a trade or develop targeted employment skills.
 

 

Out-of-District Vocational Technical School Tuition Payments

SECTION 89.   Section 7C of said chapter 74, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding section 27C of chapter 29 or any other general or special law to the contrary, for each nonresident student admitted to and attending an approved vocational school under section 7, the student's town of residence shall pay to the vocational school a tuition fee as determined by the commissioner; provided, however, that if the student's town of residence is a member of a regional vocational school district, the tuition fee shall be paid by the district. If the town or district defaults on payment, the town or district shall be liable therefor in contract to the vocational school. For the purposes of this section, no town or district shall be required to pay any portion of the tuition for a student enrolled in a post-secondary vocational program.
 

 

Vocational Education

SECTION 90.   Said chapter 74 is hereby further amended by inserting after section 55 the following section:-

Section 56. The district trustees shall establish a program, in collaboration with the advisory committee, the director of the department of career services and a representative of the local workforce investment board, to expand not-for-credit vocationally-oriented instruction provided through contracts with commonwealth employers. The program shall allow interested business partners to sponsor a prospective or current employee for training provided by the vocational school at the expense of the employer. Each vocational school shall report not later than December 31 annually to the commissioner of education on the level of not-for-credit vocationally-oriented instruction provided in the preceding fiscal year and the anticipated level of such instruction in the current fiscal year. The report shall detail enrollment levels, revenues received, sources of revenues, recruitment tools, the number of service contracts established with commonwealth employers and such other information as the commissioner may require. The commissioner shall prepare a comprehensive report of the information and present copies of the report to the board of higher education and the house and senate chairs of the joint committee on labor and workforce development not later than March 31 annually.
 

 

Community Mediation Center.

SECTION 91.   Chapter 75 of the General Laws is hereby amended by adding the following section:-

Section 47. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Community mediation center", a community-based program of a private nonprofit or public agency organized for the resolution of disputes or for a public service, charitable or educational purpose, that provides direct access to free or low-cost mediation services at any stage of a conflict through trained community volunteers and involves community members in the governance of the center.

"Mediator", an impartial person who assists in the resolution of a conflict or dispute and meets the requirements of section 23C of chapter 233.

"Office", the office of dispute resolution at the University of Massachusetts at Boston established under section 46.

(b) There shall be a statewide community mediation center grant program to be funded by the commonwealth. The mission of the grant program shall be to promote the broad use of community mediation in all regions of the state. Public agencies shall use community mediation in support of statewide and community objectives. The grant program shall be administered by the office of dispute resolution. The office may expend appropriated funds on program administration and operational grants to community mediation centers, on the basis of need, for dispute resolution in neighborhoods and local communities. The office may advocate for funding and resources for the statewide program and for community mediation programming. The office may establish rules and regulations to effectuate the purposes of this section, including provisions for grant making, monitoring and evaluation of the statewide program and state-funded community mediation centers and the establishment of a quality assurance system for mediator excellence. The office shall establish a program advisory committee with balanced representation of interests, including representation of state-funded community mediation centers.

(c) Funds appropriated or available for the purposes of this section shall be allocated for eligible community mediation centers through operating grants from the office. The grants administered under this section shall be used solely to provide operational funding for centers to assist them in meeting the needs of local communities. Eligible centers shall be selected for operational grants based on grant applications. Grant applications shall be screened by a grant review committee established by the office to make recommendations. The office shall determine the final grant recipients and awards. The commonwealth's share of the operating cost of any center funded under this section shall include a baseline grant award based on eligibility criteria and a proven track record and may also include an additional award based on performance levels set by the office that may include, but shall not be limited to, the volume of intakes, sessions and mediations during the immediate past performance cycle, the extent services are being provided to underserved or unserved areas of the commonwealth and the center's contribution to identified community objectives within the geographical regions served.

(d) Community mediation centers applying for state-funded operating grants shall demonstrate compliance with eligibility criteria established by the office, including operational and structural criteria and requirements for matching funds. To qualify for funding, community mediation centers shall also comply with grant application procedures set by the office. The office shall consult with centers in establishing grant criteria and procedures.

(e) Applications to start a new community mediation center may be submitted at any time in the fiscal year; provided however, that the decision to provide grants shall be entirely dependent on available funds. The grant review committee shall determine how closely the startup center's operating philosophy, organization, by-laws and other supporting documents reflect the office's eligibility criteria for community mediation. Priority shall be given to eligible start-up centers serving areas that have no existing community mediation centers.

(f) Payments to centers awarded grants under this section shall be made under contracts with the University of Massachusetts at Boston. The methods of payment or reimbursement for community mediation center operating costs shall be specified by the office. All contracts and methods of payment or reimbursement shall conform to this section and the rules and procedures of the office and the University of Massachusetts at Boston.

(g) The office may accept and disburse from any public or private agency or person any money for the purposes of this section and may perform such services and acts as may be necessary for the receipt and disbursement of such funds. A community mediation center funded under this section may accept funds from any public or private agency or person for the purposes of this section. The state comptroller, university controller, the director of the office and their authorized representatives shall have the power to inspect, examine and audit the fiscal affairs of state-funded community mediation centers.

(h) Each state-funded community mediation center shall provide the office with data on operating budgets, mediation and related services, and such other information the office may require periodically for monitoring, evaluation and reporting purposes. The office shall provide periodic progress reports to the program advisory committee and shall report annually to the governor, the chief justice of the trial court, the senate president, the speaker of the house of representatives, the chairs of the joint committee on higher education, the chairs of the joint committee on the judiciary and chairs of the house and senate committees on ways and means, on the operations, activities and accomplishments of the statewide program and the centers funded under this section.
 

 

Registration of motor vehicles and trailers.

SECTION 92.   Section 2 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 2 paragraphs:-

Applications for the registration of motor vehicles and trailers may be made by the owner thereof. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and an employer identification number or federal tax identification number from the Internal Revenue Service, if any such number has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment or unit number if the applicant's address is in an apartment house, family hotel, condominium or a residential flat or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless such person holds a license, identification card issued under section 8E, social security number issued by Social Security Administration or other proof of legal residence; provided, however, that the registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons; provided, further, that the registrar may provide by regulation additional exemptions which shall be consistent with this section. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, any number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission and a statement signed by the applicant under the penalties of perjury that no excise liabilities on the motor vehicle are outstanding and incurred by the applicant, a member of the applicant's immediate family who is a member of the applicant's household or any business partner of the applicant. The registration fee, as required under section 33, shall accompany the application. Applicants for registration shall also comply with chapter 90D.

The registrar or the registrar's duly authorized agents shall keep a record of motor vehicles and trailers that satisfy application requirements, and shall assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle or trailer, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity, the certificate shall contain the name and address of the corporation, sole proprietorship or business entity and the register number or mark and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark and shall be in such form and contain such further information as the registrar may determine.
 

 

Job Creation in Boat Yards

SECTION 93.   Section 5 of said chapter 90, as so appearing, is hereby amended by inserting after subsection (d) the following new subsection:-

(d1/2) A corporation engaged in the business of building or repairing boats may attach a single license plate registered and issued by the registry of motor vehicles to any trailer owned by such corporation for use to transport boats on public ways.
 

 

Employing unlicensed motor vehicle operator.

SECTION 94.   Section 12 of said chapter 90, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-

(a) Whoever knowingly employs for hire as a motor vehicle operator any person not licensed in accordance with this chapter shall be punished for a first offense by a fine of not more than $1,000 and, for a second or subsequent offense, by a fine of not less than $1,000 nor more than $1,500 or imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment.

(b) Whoever, being the owner or person in control of a motor vehicle, knowingly permits such motor vehicle to be operated by a person who is unlicensed or whose license has been suspended or revoked shall be punished for a first offense by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 1 year or, for a second or subsequent offense by a fine of not less than $1,000 and not more than $1,500 or imprisonment in a house of correction for not more than 2 1/2 years, or both such fine and imprisonment.
 

 

Penalties and punishments

SECTION 95.   Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words "of not less than $100 nor more than $1,000" and inserting in place thereof the following:- by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1,000, for a second offense and by a fine of not less than $1,000 nor more than $2,000, for any subsequent offense.
 

 

Penalties and punishments

SECTION 96.   Section 20 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 69, the figure "$30" and inserting in place thereof the following figure:- $37.50.
 

 

Driving while under influence of intoxicating liquor, etc.;

SECTION 97.   Section 24 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 16 and 761, the figure "$150" and inserting in place thereof, in each instance, the following figure:- $187.50.
 

 

Driving while under influence of intoxicating liquor, etc

SECTION 98.   Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the words "nolo contendere", in line 453, the following words:- or admits to a finding of sufficient facts.
 

 

Closing Drunk Diver Loophole

SECTION 99.   Said section 24 of said chapter 90, as so appearing, is hereby further amended by inserting after the word "jurisdiction", in line 529, the following words:- or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction for a like offense.
 

 

Closing Drunk Diver Loophole

SECTION 100.   Said section 24 of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 531 to 535, inclusive, the words "provided, further, that any person previously convicted of 2 such violations shall have his license or right to operate suspended forthwith for a period of 5 years for such refusal; and provided, further, that a person previously convicted of 3 or more such violations shall have his license or right to operate suspended forthwith for life based upon such refusal" and inserting in place thereof the following words:- provided, further, that any person previously convicted of, or assigned to a program for, 2 such violations shall have the person's license or right to operate suspended forthwith for a period of 5 years for such refusal; and provided, further, that a person previously convicted of, or assigned to a program for, 3 or more such violations shall have the person's license or right to operate suspended forthwith for life based upon such refusal.
 

 

Borderland State Park Trust Fund.

SECTION 101.   Section 24B of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

Whoever falsely makes, steals, forges or counterfeits a learner's permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner's permit, license to operate motor vehicles or identification card shall be punished as follows: (i) for acts involving any combination of 5 or fewer learner's permits, licenses to operate or identification cards, by a fine of not more than $500 or by imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment; (ii) for acts involving 6 to 10 such documents, by a fine of not more than $1,000 or by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or both such fine and imprisonment; (iii) for acts involving more than 10 such documents, by a fine of not more than $10,000 or by imprisonment in the state prison for not more than 10 years, or both such fine and imprisonment.
 

 

Correcting drug-trafficking loophole

SECTION 102.   Section 32E of chapter 94C of the General Laws, as so appearing, is hereby amended by inserting after the words " paragraph (a)", in line 40, the following words:- , clause (2) of paragraph (c).
 

 

Seized controlled substances and narcotic drugs; custodian; mailing for chemical analysis; destruction or disposal upon

SECTION 103.   Section 47A of said chapter 94C, as so appearing, is hereby amended by striking out, in line 10, the words "the department of public health or".
 

 

Transfer State Lab from DPH to State Police

SECTION 104.   Said section 47A of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 37 and 38, the words "or by an analyst of the department of public health".
 

 

Transfer State Lab from DPH to State Police

SECTION 105.   Said section 47A of said chapter 94C, as so appearing, is hereby further amended by inserting after the word "department", in lines 45, 53 and 54, 60 and 74, each time it appears, the following words:- of state police.
 

 

Transfer State Lab from DPH to State Police

SECTION 106.   Said section 47A of said chapter 94C, as so appearing, is hereby further amended by striking out the seventh paragraph.
 

 

Transfer State Lab from DPH to State Police

SECTION 107.   Sections 11 to 13, inclusive, of chapter 111 of the General Laws are hereby repealed.
 

 

Repeal of the Medical/Drug Marketing

SECTION 108.   Section 1 of chapter 111N of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting before the definition of "Department" the following definition:-

"Annual reports", the annual reports submitted by the Secretary of Health and Human Services to the commonwealth pursuant to Sec. 1128G(d)(2) of Part A of title XI of the federal Social Security Act.
 

 

Gift Ban

SECTION 109.   Said section 1 of said chapter 111N, as so appearing, is hereby further amended by adding the following definition:-

"Secretary", the Secretary of the United States Department of Health and Human Services.
 

 

Gift Ban

SECTION 110.   Section 2 of said chapter 111N, as so appearing, is hereby amended by inserting after the word "setting", in line 26, the following words:- , unless otherwise permitted under this section.
 

 

Gift Ban

SECTION 111.   The third paragraph of said section 2 of said chapter 111N, as so appearing, is hereby amended by striking out clause (5) and inserting in place thereof the following 2 clauses:-

(5) payment for reasonable expenses necessary for technical training on the use of a medical device ice; and

(6) the provision of or payment for modest meals and refreshments in connection with non-CME educational presentations for the purpose of educating and informing health care practitioners about the benefits, risks and appropriate uses of prescription drugs or medical devices, disease states or other scientific information, provided that such presentations occur in a venue and manner conducive to informational communication; and provided further, that any such provision of or payment for modest meals and refreshments complies with the requirements set forth in section 2A; provided that the department shall define modest meals and refreshments through regulation.
 

 

Gift Ban

SECTION 112.   Said chapter 111N is hereby further amended by inserting after section 2 the following section:-

Section 2A. No pharmaceutical or medical device manufacturing company shall provide modest meals and refreshments, or provide payment for such meals and refreshments, in connection with non-CME educational presentations as permitted in section 2 unless such pharmaceutical or medical device manufacturing company files quarterly reports detailing all non-CME educational presentations at which such meals or refreshments are provided. Reports shall include: (1) the location of the non-CME presentation; (2) a description of any pharmaceutical products, medical devices or other products discussed at such presentation; and (3) the total amount expended on such presentation and an estimate of the amount expended per participant, factoring any meals, refreshments or other items of economic value provided at such presentation. The department may require payment of a fee, to be determined by the department, to pay the costs of administering this section.
 

 

Gift Ban

SECTION 113.   Subsection (1) of section 6 of said chapter 111N, as so appearing, is hereby amended by adding the following sentence:- Notwithstanding the provisions of this section, the department shall not require a pharmaceutical or medical device manufacturing company to disclose information which has been disclosed to a federal agency pursuant to federal law and which may be obtained by the department from such federal agency.
 

 

Gift Ban

SECTION 114.   Said chapter 111N is hereby further amended by adding the following section:-

Section 8. The department shall make all disclosed data in annual reports publicly available and easily searchable on its website not later than 90 days following the receipt thereof from the secretary.
 

 

Criminal Profiles - Dissemination to Public.

SECTION 115.   Section 5 of chapter 112 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the sixth, seventh and eighth paragraphs and inserting in place thereof the following 4 paragraphs: -

The board shall collect the following information reported to it to create individual profiles on licensees and former licensees in a format created by the board that shall be available for dissemination to the public: (a) a description of any criminal convictions for felonies and serious misdemeanors as determined by the board; provided, however, that for the purposes of this clause, a person shall be considered to be convicted of a crime if the person pleaded guilty or was found or adjudged guilty by a court of competent jurisdiction; (b) a description of any charges for felonies and serious misdemeanors as determined by the board to which a physician pleads nolo contendere or where sufficient facts of guilt were found and the matter was continued without a finding by a court of competent jurisdiction; (c) a description of any final board disciplinary actions; (d) a description of any final disciplinary actions by licensing boards in other states; (e) a description of revocation or involuntary restriction of privileges by a hospital, clinic or nursing home under chapter 111, or of any employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth, for reasons related to competence or character that have been taken by the governing body or any other official of the hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth after procedural due process has been afforded, or the resignation from or nonrenewal of medical staff membership or the restriction of privileges at a hospital, clinic or nursing home or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth taken in lieu of or in settlement of a pending disciplinary case related to competence or character in that hospital, clinic or nursing home or of any employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine or employer who employs physicians licensed by the board for the purpose of engaging in the practice of medicine in the commonwealth ; (f) all medical malpractice court judgments and all medical malpractice arbitration awards in which a payment is awarded to a complaining party and all settlements of medical malpractice claims in which a payment is made to a complaining party; provided, however, that dispositions of paid claims shall be reported in a minimum of 3 graduated categories indicating the level of significance of the award or settlement; provided further, that information concerning paid medical malpractice claims shall be put in context by comparing an individual licensee's medical malpractice judgment awards and settlements to the experience of other physicians within the same specialty; provided further, that information concerning all settlements shall be accompanied by the following statement: "Settlement of a claim may occur for a variety of reasons which do not necessarily reflect negatively on the professional competence or conduct of the physician; provided further, that a payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred; provided further, that nothing herein shall be construed to limit or prevent the board from providing further explanatory information regarding the significance of categories in which settlements are reported; provided further, that pending malpractice claims shall not be disclosed by the board to the public; provided further, that nothing herein shall be construed to prevent the board from investigating and disciplining a licensee on the basis of medical malpractice claims that are pending; (g) names of medical schools and dates of graduation; (h) graduate medical education; (i) specialty board certification; (j) number of years in practice; (k) names of the hospitals where the licensee has privileges; (l) appointments to medical school faculties and indication as to whether a licensee has a responsibility for graduate medical education within the most recent ten years; (m) information regarding publications in peer-reviewed medical literature within the most recent ten years; (n) information regarding professional or community service activities and awards; (o) the location of the licensee's primary practice setting; (p) the identification of any translating services that may be available at the licensee's primary practice location; (q) an indication of whether the licensee participates in the Medicaid program.

The board shall provide individual licensees with a copy of their profiles prior to release to the public. A licensee shall be provided a reasonable time to correct factual inaccuracies that appear in such profile. A physician may elect to have his profile omit certain information provided under clauses (l) to (n), inclusive, of the preceding paragraph concerning academic appointments and teaching responsibilities, publication in peer-reviewed journals and professional and community service awards. In collecting information for such profiles and in disseminating the same, the board shall inform physicians that they may choose not to provide such information required pursuant to said clauses (l) to (n), inclusive. For physicians who are no longer licensed by the board, the board shall continue to make available the profiles of such physicians, except for those who are known by the board to be deceased. The board shall maintain the information contained in the profiles of physicians no longer licensed by the board as of the date the physician was last licensed, and include on the profile a notice that the information is current only to that date.
 

 

Restrict Funeral Expense Payments

SECTION 116.   Section 9 of chapter 117A 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:- The commonwealth may recover this expense from any legally liable family members in the manner provided in this chapter, and if such family members do not pay this expense, the commonwealth shall pay an amount not exceeding $1,100 to the funeral establishment if the total expense of the funeral and final disposition does not exceed $3,500. The commonwealth shall have the right of reimbursement from whatever resources may exist in the estate of the deceased person.
 

 

Restrict Funeral Expense Payments

SECTION 117.   Section 10 of said chapter 117A is hereby repealed.
 

 

Restrict Funeral Expense Payments

SECTION 118.   Section 2 of chapter 118 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "disposition", in line 32, the following words:- and if the total expense of the funeral and final disposition does not exceed $3,500.
 

 

Restrict Funeral Expense Payments

SECTION 119.   Section 7 of chapter 118A of the General Laws, as so appearing, is hereby amended by inserting after the word "disposition", in line 8, the following words:- and if the total expense of the funeral and final disposition does not exceed $3,500.
 

 

Covered Services.

SECTION 120.   Section 53 of chapter 118E of the General Laws, as so appearing, is hereby amended by adding the following sentence:- To the extent permitted by the demonstration program approved under 42 U.S.C. 1315(a), covered services in the MassHealth Basic and MassHealth Essential programs shall include hospice services to the extent such services are covered in the MassHealth Standard program.
 

 

Assaults upon guards; bodily substances; penalty.

SECTION 121.   Section 38B of chapter 127 of the General Laws, as so appearing, is hereby amended by inserting after the word "correction", in lines 5 and 15, each time it appears, the following words:- , trial court detention facility.
 

 

Special license for sale of wine produced by farmer-winery for off-premises consumption at indoor or outdoor agricultura

SECTION 122.   Section 15F of chapter 138 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

A special license under this section may be granted by the local licensing authorities for a portion of premises that are licensed under section 12 provided that: (i) the special licensee documents the legal basis for use of the section 12 licensed premises; (ii) the area in which a special license is approved shall be physically delineated from the area remaining under the control of the section 12 license holder; (iii) the holder of the special license shall be solely liable for all activities that arise out of the special license; and (iv) the special license holder shall not pay any consideration, directly or indirectly, to the section 12 license holder for the access to or use of the section 12 licensee's premises.
 

 

Transfer State Lab from DPH to State Police

SECTION 123.   Section 36 of said chapter 138, as so appearing, is hereby amended by striking out, in line 2, the words "public health" and inserting in place thereof the following words:- state police.
 

 

Transfer State Lab from DPH to State Police

SECTION 124.   Section 37 of said chapter 138, as so appearing, is hereby amended by striking out, in lines 2 and 9, the words "public health" and inserting in place thereof, in each instance, the following words:- state police.
 

 

Transfer State Lab from DPH to State Police

SECTION 125.   Section 38 of said chapter 138, as so appearing, is hereby amended by striking out, in line 3, the words "public health" and inserting in place thereof the following words:- state police.
 

 

Disqualification for benefits.

SECTION 126.   Section 25 of chapter 151A of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(k) The department of unemployment assistance shall promulgate regulations providing that any employee discharged for deliberate misconduct consisting of: (i) stealing from such employee's place of employment; (ii) illegal drug use while at work; or (iii) drunkenness while at work shall be determined to be ineligible for benefits without regard to whether or not the employer had a written policy against such conduct.
 

 

Executive Compensation for Mutual Companies

SECTION 127.   Chapter 175 of the General Laws is hereby amended by inserting after section 19W the following section:-

Section 19X. (a) A mutual company, as defined in section 19G, shall provide clear, concise and understandable disclosure of all compensation awarded to, earned by or paid to the named executive officers or directors designated in subsection (b). A mutual company shall conspicuously publish such disclosure in a format readily accessible to members.

(b) For the purposes of this section, a "named executive officer or director" shall mean: (i) a person serving as a company's principal or chief executive officer or acting in a similar capacity during the last completed fiscal year regardless of compensation level; (ii) a person serving as a company's principal or chief financial officer or acting in a similar capacity during the last completed fiscal year regardless of compensation level; (iii) a company's 3 most highly compensated executive officers, other than the chief executive officer and chief financial officer, who were serving as executive officers at the end of the last completed fiscal year; (iv) up to 2 additional persons for whom disclosure would have been provided under clause (iii) but for the fact that the individual did not serve as an executive officer of the company at the end of the last completed fiscal year; and (v) a company's directors.
 

 

Solicitation, improper inducement to use goods, facilities, services, or products covered by insurance

SECTION 128.   Section 3 of chapter 175H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the word "Any" and inserting in place thereof the following word:- (a) Any.
 

 

Pharmaceutical Services

SECTION 129.   Said section 3 of said chapter 175H, as so appearing, is hereby further amended by inserting after word "rebate", in line 7, the following words:- , except as provided in subsection (b).
 

 

Solicitation, improper inducement to use goods, facilities, services, or products covered by insurance

SECTION 130.   Said section 3 of said chapter 175H, as so appearing, is hereby further amended by adding the following 3 subsections:-

(b)(1) This section shall not apply to any discount or free product vouchers that a retail pharmacy provides to a consumer in connection with a pharmacy service, item or prescription transfer offer or to any discount, rebate, product voucher or other reduction in an individual's out-of-pocket expenses, including co-payments and deductibles, on: (i) any biological product as defined in section 351 of the Public Health Service Act, 42 USC 262, or (ii) any prescription drug provided by a pharmaceutical manufacturing company, as defined in section 1 of chapter 111N, that is made available to an individual if the discount, rebate, product voucher or other reduction is provided directly or electronically to the individual or through a point of sale or mail-in rebate, or through similar means; provided, however, that a pharmaceutical manufacturing company shall not exclude or favor any pharmacy in the redemption of such discount, rebate, product voucher or other expense reduction offer to a consumer.

(2) Pharmaceutical manufacturing companies shall be prohibited from offering any discount, rebate, product voucher or other reduction in an individual's out-of-pocket expenses, including co-payments and deductibles, for any prescription drug that has an AB rated generic equivalent as determined by the United States Food and Drug Administration.

(c) Subsection (b) shall not: (i) restrict a pharmaceutical manufacturing company with regard to how it distributes a prescription drug, biologic or vaccine; (ii) restrict a carrier or a health maintenance organization, as defined in section 1 of chapter 118G, with regard to how its plan design will treat such discounts, rebates, product voucher or other reduction in out-of-pocket expenses; or (iii) affect the obligations of practitioners and pharmacists pursuant to the generic substitution statute as defined in section 12D of chapter 112.

(d) For purposes of the federal Health Insurance Portability and Accountability Act of 1996, hereinafter referred to as HIPAA, and regulations promulgated under HIPAA, nothing in this section shall be deemed to require or allow the use or disclosure of health information in any manner that does not otherwise comply with HIPAA or regulations promulgated under HIPAA.
 

 

Co-Pay Assistance Sunset Date

SECTION 131.   Said section 3 of said chapter 175H, as so appearing, is hereby amended by striking out subsections (b) to (d), inclusive.
 

 

Powers and duties of board.

SECTION 132.   Section 3 of chapter 176Q of the General Laws is hereby amended by striking out, in lines 84 and 85, as so appearing, the words "the board deems necessary to implement chapters 111M, 118G and 18H" and inserting in place thereof the following words:- , departments, commissions, authorities or political subdivisions the board considers necessary or appropriate to implement chapters 111M, 118E, 118G 118H and this chapter.
 

 

Powers and duties of board.

SECTION 133.   Said section 3 of said chapter 176Q, as amended by section 7 of chapter 96 of the acts of 2012, is hereby further amended by adding the following clause:-

(v) to enter into contracts or agreements, at the board's discretion, with state departments, agencies, commissions, authorities or political subdivisions or with any individuals, groups, nonprofit or not-for-profit corporations, organizations or associations seeking affordable health insurance; provided, however, that the connector shall serve as an agent or advisor to assist with or procure health insurance for such entities or persons. The board shall give preference to assisting nonprofit or not-for-profit corporations or individuals, groups, organizations or associations seeking the connector's assistance for populations that have been historically uninsured or underinsured.
 

 

Small group wellness incentive pilot program.

SECTION 134.   Said chapter 176Q is hereby further amended by striking out section 7A, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 7A. (a) There shall be a small group wellness incentive pilot program to expand the prevalence of employee wellness initiatives by small businesses. The program shall be administered by the board, in consultation with the department of public health. The program shall provide subsidies and technical assistance for eligible small groups to implement evidence-based employee health and wellness programs to improve employee health, decrease employer health costs and increase productivity.

(b) An eligible small group shall be qualified to participate in the program if:

(1) the eligible small group purchases group coverage through the connector;

(2) the eligible small group enrolls in an evidence-based, employee wellness program offered through the connector;

(3) the eligible small group meets certain minimum criteria, as determined by the board; and

(4) the eligible small group meets certain minimum employee participation requirements in the qualified wellness program, as determined by the board, in collaboration with the department of public health.

(c) For eligible small groups participating in the program, the connector shall provide an annual subsidy not to exceed 15 per cent of eligible employer health care costs, as calculated by the board. If the director determines that funds are insufficient to meet the projected costs of enrolling new eligible employers, the director shall impose a cap on enrollment in the program.

(d) The connector shall report annually to the joint committee on community development and small businesses, the joint committee on health care financing and the house and senate committees on ways and means on the enrollment in the small business wellness incentive program and evaluate the impact of the program on expanding wellness initiatives for small groups.

(e) The connector shall adopt regulations to implement this section.
 

 

Criminal Defendant Indigency Verification-- Require Data Match

SECTION 135.   The third sentence of the first paragraph of subsection (c) of section 2A of chapter 211D of the General Laws, as appearing in section 112 of chapter 68 of the acts of 2011, is hereby amended by striking out the word "may" and inserting in place thereof the following word:- shall.
 

 

Legal counsel for criminal defendant charged with misdemeanor or municipal ordinance violation; fee assessment

SECTION 136.   The fifth sentence of said first paragraph of said subsection (c) of said section 2A of said chapter 211D, as so appearing, is hereby amended by inserting after the words "chief probation officer" the following words:- or the officer's designee.
 

Veto Explanation:
DELETE comment

 

Legal counsel for criminal defendant charged with misdemeanor or municipal ordinance violation; fee assessment.

SECTION 137.   The third sentence of subsection (d) of said section 2A of said chapter 211D, as so appearing, is hereby amended by inserting after the words "chief probation officer" the following words:- or the officer's designee.
 

 

Youth Services - protection of personal information.

SECTION 138.   Section 3 of chapter 258B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after paragraph (v) the following paragraph:-

(w) Where the victim or witness is an employee of the department of youth services, no law enforcement agency, prosecutor, defense counsel or parole, probation or corrections official shall disclose or state the residential address, telephone number or place of employment or school of the victim, a victim's family member or a witness, except as otherwise ordered by the court. The court may enter such other orders or conditions to maintain limited disclosure of the information as it deems appropriate to protect the privacy and safety of victims, victims' family members and witnesses.
 

 

Citizen Information Service/MEMA

SECTION 139.   Item 0511-0000 of section 2 of chapter 38 of the acts of 1995, is hereby amended by striking out, in lines 19 to 22, inclusive the words "provided further, that the citizen information service be established by the Massachusetts emergency management agency as the official information service to provide information to citizens during emergency declarations".
 

 

Changes to Present Tax Laws

SECTION 140.   Subsection (2) of section 95 of chapter 173 of the acts of 2008 is hereby amended by striking out the figure "2013", inserted by section 136 of chapter 68 of the acts of 2011, and inserting in place thereof the following figure:- 2014.
 

 

Regional Transit Authority Toll Credits

SECTION 141.   Subsection (b) of section 75 of chapter 303 of the acts of 2008 shall not apply in fiscal year 2013.
 

 

Creative Economy Council

SECTION 142.   Section 2 of chapter 354 of the acts of 2008 is hereby amended by striking out the figure "2012" and inserting in place thereof the following figure:- 2016.
 

 

Extend Authority to Terminate and Renegotiate Leases

SECTION 143.   Section 23 of chapter 5 of the acts of 2009 is hereby amended by striking out the figure "2012", inserted by section 137 of said chapter 68, and inserting in place thereof the following figure:- 2013.
 

 

Extend Authority to Terminate and Renegotiate Leases

SECTION 144.   The first sentence of section 152 of chapter 25 of the acts of 2009 is hereby amended by striking out the figure "2013", inserted by section 138 of said chapter 68, and inserting in place thereof the following figure:- 2014.
 

 

State Medicaid Program Study

SECTION 145.   Section 178 of chapter 131 of the acts of 2010 is hereby amended by striking out the second paragraph, as amended by section 41 of chapter 9 of the acts of 2011, and inserting in place thereof the following 2 paragraphs:-

The advisory committee shall utilize any previously collected data, where relevant, to compare the current and projected impact of the managed care program, the primary care clinician plan, accountable care organizations and patient-centered medical homes on the following: (1) the quality and continuity of care provided to MassHealth members; (2) access to primary care or other specialty care providers; (3) access to behavioral health or long-term care support services; (4) the availability of care coordination programs, excluding any proposed demonstration projects involving dual-eligible populations; (5) the overall quality of care for all MassHealth members, with particular emphasis on quality of care for disabled members; (6) accountability through the reporting of quality data; (7) the potential to address racial and ethnic disparities; and (8) appropriations to the Medicaid program, including, but not limited to, an estimate of the potential increase or decrease in programmatic costs of transitioning from 1 care delivery system to another and the impact of the different delivery systems on the financial risk borne by the commonwealth.

The secretary of health and human services shall make any data requested by the advisory committee available in a timely manner. For the purpose of conducting this analysis, the secretary of administration and finance, in consultation with the advisory committee and subject to appropriation, shall contract with a private or not-for-profit organization with expertise in fiscal analysis of the Medicaid program and the managed care model within state Medicaid programs. The advisory committee shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing on or before October 1, 2012.
 

 

Extend Authority to Terminate and Renegotiate Leases

SECTION 146.   Section 195 of chapter 131 of the acts of 2010 is hereby amended by striking out the figure "2012", inserted by section 144 of said chapter 68, and inserting in place thereof the following figure:- 2013.
 

 

Allow Medical Security Trust Fund Deficit for Fiscal Year 2013

SECTION 147.   Section 124 of chapter 359 of the acts of 2010 is hereby amended by striking out the words "and June 30, 2012", inserted by section 145 of said chapter 68, and inserting in place thereof the following words:- , June 30, 2012 and June 30, 2013.
 

 

Extend Leasing Authority for Committee for Public Counsel Services

SECTION 148.   The second sentence of section 174 of chapter 68 of the acts of 2011 is hereby amended by striking out the words "shall be responsible for negotiating" and inserting in place thereof the following words:- may negotiate.
 

 

Lyme Disease Commission Extension

SECTION 149.   The second paragraph of section 181 of said chapter 68 is hereby amended by striking out the figure "2012" and inserting in place thereof the following figure:- 2013.
 

 

Criminal Justice Commission extension

SECTION 150.   Section 189 of said chapter 68 is hereby amended by striking out the figure "2012" and inserting in place thereof the following figure:- 2013.
 

 

CPCS - DCAM Extension

SECTION 151.   Section 220 of said chapter 68 is hereby amended by striking out the figure "2012" and inserting in place thereof the following figure:- 2013.
 

 

Alcohol beverage control commission

SECTION 152.   Section 106 of chapter 194 of the acts of 2011 is hereby amended by striking out the words "June 30, 2013" and inserting in place thereof the following words:- October 1, 2012.
 

 

Statutory Carry Forward

SECTION 153.   Notwithstanding any general or special law to the contrary, when the comptroller disposes of the consolidated net surplus for fiscal year 2013 under subsection (a) of section 5C of chapter 29 of the General Laws, the comptroller shall not carry forward 0.5 per cent of the total revenue from taxes in fiscal year 2013.
 

 

Comptroller's certification and disposition of consolidated net surplus.

SECTION 154.   (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 2012 as follows: (i) transfer $15,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws; (ii) transfer $20,000,000 from the General Fund to the Health Care Workforce Transformation Trust Fund established in section 2FFFF of chapter 29 of the General Laws; and (iii) transfer the remaining balance from the General Fund to the Commonwealth Stabilization Fund.

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

 

Expenditures from Fiscal Year 2012 Surplus

SECTION 155.   (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 2013 in the following order to the extent that funds are available: (i) transfer $25,000,000 to the Massachusetts Community Preservation Trust Fund, established by section 9 of chapter 44B of the General Laws; and (ii) transfer the remaining balance from the General Fund to the Commonwealth Stabilization Fund.

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

 

DOR Tax Judgment and Settlement Expenses

SECTION 156.   Notwithstanding any general or special law to the contrary, the department of revenue may retain and expend an amount equal to the expenses including, but not limited to, expert witness fees, incurred by the department in pursuing litigation or negotiation of potential 1-time tax settlements or judgments for the commonwealth from the amount received from such 1-time tax settlements or judgments with a net value over $1,000,000; provided, however, that the amount retained in each fiscal year shall not exceed $2,000,000. Beginning in calendar year 2013, the amount retained and expended by the department in the previous fiscal year shall be certified by the secretary of administration and finance and submitted to the house and senate committees on ways and means annually not later than July 15.
 

 

Procurement Savings

SECTION 157.   (a) 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 2013, the secretary may reduce allotments under section 9B of chapter 29 of the General Laws to reflect some or all of the amounts saved; provided, however, that allotment reductions based upon procurement savings shall not exceed $30,000,000 and that within 15 days of reducing allotments the secretary shall notify the house and senate committees on ways and means in writing.

(b) If, as of October 1, 2012, the secretary of administration and finance determines that allotment reductions related to procurement reforms or initiatives in fiscal year 2013 will be insufficient to generate $30,000,000, the secretary may submit to the chairs of the house and senate committees on ways and means a cost saving plan to reduce allotments under said section 9B of said chapter 29; provided, however, that no allotment reductions shall be made under this subsection prior to the submission of a cost savings plan.

(c) The total amount of allotment reductions under this section shall not exceed $30,000,000 in fiscal year 2013.
 

 

Eminent Domain Fund Transfer

SECTION 158.   Notwithstanding any general or special law to the contrary, not later than June 30, 2013, the treasurer shall transfer $10,000,000 from the eminent domain trust fund established under section 7D of chapter 79 of the General Laws to the Unclaimed Property Fund established in section 9 of chapter 200A of the General Laws.
 

 

Authorization to Transfer Tobacco Settlement Payments

SECTION 159.   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 2013 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 2013 from the Health Care Security Trust, as certified under paragraph (f) of said section 3 of said chapter 29D, to the General Fund.
 

Veto Explanation:
I am vetoing this section because it mistakenly directs all tobacco settlement proceeds to the General Fund, instead of sending 10 percent to the State Retireee Benefits Trust Fund, as I recommended and the Legislature apparently intended.

 

Stabilization Fund Transfers

SECTION 160.   (a) Notwithstanding any general or special law to the contrary, the comptroller shall, on or before June 30, 2013, transfer $350,000,000 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 2013 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, 2013, transfer the interest earned from the Commonwealth Stabilization Fund during fiscal year 2013 to the General Fund.
 

 

Distribution of the Statutory Carry Forward

SECTION 161.   Notwithstanding section 5C of chapter 29 of the General Laws or any other general or special law to the contrary, amounts made available to be used as revenue in fiscal year 2013 in accordance with clause (a) of said section 5C of said chapter 29 shall be made available in the General Fund. To the extent balances in the General Fund are insufficient to carry out said clause (a) of said section 5C of said chapter 29, the amount necessary to meet the requirements of said clause (a) of said section 5C of said chapter 29 shall be made available proportionally from the other budgetary funds.
 

 

Extend Authorization to Transfer Trust Balances

SECTION 162.   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, 2012, 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. 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. The secretary and comptroller shall report to the house and senate committees on ways and means 45 days prior to any such transfer; provided, however, that the comptroller may submit to the house and senate committees on ways and means not later than October 1, 2012 an alternative plan to further maximize revenue generation from additional trust fund balance transfers to the General Fund.
 

 

Trial Court Transferability

SECTION 163.   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 court administrator may, from the effective date of this act through April 30, 2013, transfer funds from any item of appropriation within the trial court; provided, however, that the court administrator 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.
 

 

Local Share of Racing Revenue

SECTION 164.   Notwithstanding any general or special law, rule or regulation to the contrary, upon certification from the Massachusetts Gaming Commission, the state treasurer shall quarterly distribute to each city and town within which racing meetings are conducted, including racing meetings conducted in connection with a state or county fair, under licenses issued under the provisions of chapter 128A, the sum of .35 per cent of the total pari-mutuel wager for each such racetrack within said city or town for the 3 months ending 2 quarters prior to the quarter for which said distribution is being made, which sum shall be allocated from the commonwealth's share; provided, however, that if the parcel of land containing such racetrack is located in 2 cities or towns, said sum shall be divided so that two-thirds shall be distributed to the city or town in which the major portion of said parcel is located, and one-third shall be distributed to the other city or town.
 

 

MassDOT Snow and Ice Spending

SECTION 165.   (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation may incur liabilities and make expenditures in fiscal year 2013 in excess of funds available to the department for snow and ice removal; provided, however, that such expenditures shall be 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 2013; provided further, that the negative balance of funds available for snow and ice removal shall not exceed $30,000,000 at any time; and provided further, that the state comptroller may certify for payment invoices in excess of funds available to the department.

(b) The department shall, on or before May 1, 2013, 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, however, 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, 2013.
 

 

Suspension of Tourism Formula

SECTION 166.   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 2013.
 

 

Pension Cost of Living Adjustment

SECTION 167.   Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the commonwealth's Pension Liability Fund established in section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, for the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32 and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to the rules adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain 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 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.
 

 

Chapter 70 Minimum Required Local Contribution

SECTION 168.   (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, 2013. 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, 2012, 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, 2013, 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 a 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 constitute 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, 2012, 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 2013 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 to implement their respective duties pursuant to this section.
 

 

Private Special Education Tuition Rate Freeze

SECTION 169.   Notwithstanding section 22N of chapter 7 of the General Laws or any other general or special law to the contrary, the bureau of purchased services within the operational services division shall set prices in fiscal year 2013 for programs under chapter 71B of the General Laws at the same level calculated for fiscal year 2012, except the prices for those programs for extraordinary relief, as defined by the division's regulations; provided, however, that upon the request of a program, the bureau shall determine the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rate of inflation, established by October 1 of each year under said section 22N of said chapter 7, in a compounded manner for each fiscal year following the most recent calculated price. The bureau shall accept and process applications for program reconstruction for fiscal year 2013 to be considered for rate adjustment in fiscal year 2014. Programs for which prices in fiscal year 2012 were lower than the full amount permitted by the operational services division may, in fiscal year 2013, change the full prices calculated for fiscal year 2012.
 

Veto Explanation:
I am vetoing this section because it is inconsistent with the reasonable budgetary expectations of private special education schools and with increased special education funding for public schools provided in this Act.

 

Community College Reform

SECTION 170.   There shall be established a community college workforce grant advisory committee, hereinafter referred to as the committee, to provide recommendations to the board of higher education for grant awards to community colleges from the Community College Fund, established pursuant to section 99 of chapter 194 of the acts of 2011, to promote the development of workforce training programs and partnerships with commonwealth businesses and industry, other educational and training institutions, labor organizations, and other organizations supporting workforce development in the commonwealth.

The committee shall consist of the commissioner of higher education, or a designee, who shall serve as chair; the secretary of the executive office of education, or a designee; the secretary of labor and workforce development, or a designee; the secretary of housing and economic development, or a designee; the commissioner of elementary and secondary education, or a designee; the president of the Massachusetts Association of Vocational Administrators, or a designee; the president of the Commonwealth Corporation, or a designee; the chair of the Massachusetts Workforce Investment Board Association, or a designee; the president of the Associated Industries of Massachusetts, or a designee; the president and chief executive officer of the Massachusetts Competitive Partnership, or a designee; a member of the Massachusetts Business Roundtable, or a designee; a member of the Governor's Science Technology Engineering and Math Advisory Council, or a designee; and 1 member appointed by the Governor who represents organized labor. The members of the committee shall serve without compensation, but each member shall be entitled to reimbursement for his actual and necessary expenses incurred in the performance of his official duties.

The committee shall establish criteria and guidelines for the award of grants to community colleges. The criteria for the award of grants to community colleges shall focus on workforce development programs and partnerships and shall include, but not be limited to: collaboration, coordination and partnerships with commonwealth businesses and other educational and training institutions, including vocational-technical schools, state universities and career centers; a focus on existing and emerging business and industry sectors in the commonwealth, as identified by the committee; alignment of degree and certificate programs with regional workforce development demands; an ability or likelihood to foster high rates of completion of certificate and degree programs by students served by the program; and a record of, or explicit commitment to, successful job placement for program graduates. Partnerships with vocational schools shall include, but not be limited to, agreements to utilize facilities at vocational high schools and offer degrees and certificates that build upon current vocational offerings

The committee shall make recommendations to the board of higher education and the board shall promulgate regulations to develop a formula for required matching grants to be made by business and industry partners of applicants. Required matching grants shall range from 30 cents for each state dollar invested to $3 for each state dollar invested. The lowest match amounts shall be reserved for those programs with the highest concentration of credits and credentials that articulate with other educational degrees or certifications at other educational and training institutions. The committee shall establish a formula for the geographic distribution of grant awards among the community colleges.

The committee shall solicit grant applications from community colleges and review such applications according to the criteria so established. The committee shall establish timely deadlines for the submission of applications and recommendations of grant awards including provision for an expedited process of consideration and recommendation in instances when the secretary of housing and economic development and secretary of labor and workforce development jointly certify the need for timely evaluation and disposition of the application. The board of higher education shall make the final determination as to the distribution of the grants. No more than $12,000,000 or 1/2 of the amount deposited in the Community College Fund, established pursuant to said section 99 of said chapter 194, or whichever is less shall be awarded in grants from the fund in any given fiscal year.

Each grant recipient shall submit an annual report for the duration of the program or partnership funded through a grant to the committee for its review.

The committee shall submit an annual report to the clerks of the house of representatives and the senate who shall forward the same to the senate and house committees on ways and means, the joint committee on higher education, the joint committee on economic development and emerging technologies, and the joint committee on labor and workforce development on or before December 31. Said report shall include a list of grant recommendations and recipients, including the amount of each grant. The report shall include a current assessment of the progress of each program funded through the grant program and the progress of the committee's activity, including any recommendations for legislation. The report shall be made available on a public website.

The board of higher education, in consultation with the committee, may promulgate rules and regulations for the implementation and administration of this section.
 

 

Community College Reform

SECTION 171.   The commissioner of higher education, in consultation with the presidents of the community colleges and representatives of the Massachusetts Teachers Association, shall develop a funding formula for the community colleges which incorporates the allocation of appropriations to the individual community colleges based, in part, on performance. In developing the system of allocations, the commissioner and community college presidents shall consider: (1) accurate enrollment data for each college and the operational goals and needs for each college; (2) institutional performance with respect to clearly defined goals and metrics; and (3) the relationship of the allocation formula to state initiatives relative to innovation and institutional action in support of workforce development, partnerships with commonwealth businesses and industry, collaboration with state universities and vocational-technical schools, and overall revenue available to each institution.

The commissioner of higher education, in consultation with the presidents of the community colleges, shall establish the goals and metrics for measuring community college performance. The goals and metrics shall include, but not be limited to: the educational goals and metrics included in the Vision Project, including those related to the improvement of graduation and student success rates and the closing of the achievement gaps for low income and moderate income students, adult students, and students requiring remediation upon entry; and alignment of degree and certificate programs with existing and emerging business and industry sectors in the commonwealth. In addition, a portion of performance funding may be utilized by the board of higher education to provide grants to community colleges based on, but not limited to, the following: coordinated procurement of goods and services among the community colleges and other public higher education institutions, including, but not limited to, consolidation of information technology platforms and services; undertaking innovative methods for delivering quality higher education that increase capacity, reduce costs, and promote student completion; engaging in statewide and regional collaborations with other public higher education institutions that reduce costs, increase efficiency, and promote quality, including, but not limited to, in the areas of academic programming and campus management; and improving student learning outcomes assessments set forth by the board of higher education under its Vision Project.

The commissioner of higher education shall submit a report including, but not limited to, the funding formula, clearly defined goals and metrics for the performance-based portion of the formula and other recommendations relative to the promotion of stable, equitable funding of the institutions including efforts to contain the growth in student costs and borrowing. Said report shall be filed with the house and senate committees on ways and means, the joint committee on higher education, and the secretary of administration and finance on or before December 1, 2012.
 

 

Community College Reform

SECTION 172.   Notwithstanding any general or special law to the contrary, the board of higher education shall, within 120 days of the effective date of this act, establish and issue guidelines and procedures for the search, selection, appointment, compensation, evaluation and removal of the chief executive officers of the community colleges. Such guidelines shall be established pursuant to and without limitation to the generality of the board's responsibilities in sections 9 and 21 of chapter 15A of the General Laws to approve the appointment and removal and to fix the compensation of the chief executive officers, and in furtherance of the board's responsibility in clause (u) of the first paragraph of said section 9 of said chapter 15A to establish coordination between and among post-secondary public institutions and to resolve conflicts of policies or operations arising in public higher education.
 

 

Electronic Benefit Transfer Cards

SECTION 173.   Notwithstanding any general or special law to the contrary, the department of transitional assistance shall provide benefits in the form of vendor payments with respect to rent and utilities whenever a determination is made that the grant has not been used in the best interests of the child or the assistance unit or other chronic misuse of benefits is occurring; provided, however, that vendor payments shall not be instituted when doing so may increase the risk of homelessness, decrease the ability to escape domestic abuse or impair the assistance unit's ability to withhold payment as a reasonable exercise of consumer or tenant rights when there is a legitimate dispute as to whether the payment is owed. The department of transitional assistance may presume mismanagement of benefits whenever shelter costs, including, but not limited to, rent, heat, fuel and utilities, have regularly not been met without reasonable cause. At eligibility determinations and redeterminations, the department shall screen households to determine if they have chronically failed to pay rent and utilities to determine if it is appropriate to institute or terminate vendor payments and shall refer those households to the housing consumer education centers and community-based resources for assistance in meeting their expenses.
 

 

commission to report on electronic benefit transfer cards

SECTION 174.   Notwithstanding any general or special law to the contrary, there shall be an independent commission to study and report on the development of a cashless payment system in using electronic benefit transfer, or EBT, cards. The commission shall consist of : the commissioner of transitional assistance, or a designee, who shall serve as chair; the inspector general, or a designee; the state auditor, or a designee; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 2 members of the senate, 1 of whom shall be appointed by the minority leader; and 2 persons representing eligible recipients to be appointed by the governor. The commission shall research, assess and develop recommendations to implement a cashless payment system and investigate and report on the feasibility of expanding the direct vendor payment system: (i) under

[direct vendor payments section]; and (ii) for rent and utility payments for all eligible recipients. The commission shall hire an independent consultant to conduct the research and assist with the preparation of any recommendations. The report shall include, but not be limited to, the following: (1) the costs associated with and any technological improvements necessary to implement and the time frame required for the expansion; (2) the implementation of a vendor payment system for the non-cash payment of rent and utility bills for all eligible recipients of direct cash assistance; and (3) the feasibility of placing fluctuating limitations on the percentage allocated to direct cash assistance and point of sale use. The commission shall submit a final report of its findings and recommendations, together with drafts of legislation necessary to implement those recommendations, by filing the same with the clerks of the senate and house on or before December 31, 2012.
 

 

Electronic Benefit Transfer Cards

SECTION 175.   Notwithstanding any general or special law to the contrary, the inspector general shall conduct a data match survey involving the case records for households receiving cash assistance benefits under chapter 18 of the General Laws for the purposes of uncovering information that is inconsistent with or contradictory to information provided by the cash assistance benefit recipients. The inspector general shall submit a report that shall include the results of a further investigation on a statistically valid sample of the cases for which inconsistent or contradictory information has been found to determine if the household is receiving benefits for which it is not eligible, and if so, whether the error is due to administrative error, unintentional program violation or intentional program violation with the house and senate committees on ways and means on or before December 31, 2012; provided, however, that 60 days before filing the report the inspector general shall provide a draft of the report to the department of transitional assistance for review and comment and the inspector general shall include the department's comments with the report when it is made public and filed.
 

 

Electronic Benefit Transfer Cards

SECTION 176.   Notwithstanding any general or special law to the contrary, the department of transitional assistance shall coordinate with the Massachusetts Bay Transportation Authority and each of the regional transit authorities to ensure that by June 30, 2013, cash assistance funds held on electronic benefit transfer cards are accepted for payment of public transportation fares at electronic fare vending machines.
 

 

UMass/Health and Human Services Interagency Service Agreements

SECTION 177.   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 2013; provided, however, that 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 2013. The secretary of health and human services shall submit to the secretary of administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts expended on personnel and the amount of federal reimbursement and recoupment payments that the university collected.
 

 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 178.   Notwithstanding any general or special law to the contrary, on or before October 1, 2012 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund, established pursuant to section 36 of chapter 118G of the General Laws, in this section called the fund, the greater of $45,000,000 or 1/12 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, 2012. 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, 2013, 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.
 

 

Nursing and Resident Care Facility Base Year

SECTION 179.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective July 1, 2012 under section 7 of chapter 118G of the General Laws may be developed using the costs of calendar year 2005.
 

 

Nursing Home Assessment

SECTION 180.   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 2013.
 

 

Inspector General's Health Safety Net Audit Unit

SECTION 181.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2013, 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 on or before March 1, 2013. For the purposes of these audits, allowable free care services shall be defined pursuant to said chapter 118G and any regulations adopted under that chapter.
 

 

Inspector General Audit

SECTION 182.   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 30, 2012, and issue a final report on or before March 1, 2013.
 

 

MassHealth and CommCare Dental Coverage

SECTION 183.   (a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2013, 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 the provisions of subsection (a) to the contrary, preventive services, extractions and procedure codes D2330 and D2331 shall be covered dental services.

(c) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2013, 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.
 

 

Mass Health Adult Dental

SECTION 184.   Notwithstanding any general or special law to the contrary, the division of health care finance and policy shall study the cost and frequency of emergency room utilization for dental conditions and shall develop a procedure code for emergency room dental services. The division shall file a report of its findings with the house and senate committees on ways and means not later than December 31, 2012.
 

 

MassHealth Savings Reports

SECTION 185.   Notwithstanding any general or special law to the contrary, MassHealth shall, not later than August 1, 2012, file a report with the executive office for administration and finance and the house and senate committees on ways and means identifying savings initiatives and cash management strategies that the executive office will pursue in fiscal year 2013 in order to operate the MassHealth program within the amounts appropriated 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 of this act; provided that MassHealth shall notify the executive office for administration and finance and the house and senate committees on ways and means not less than 15 days in advance of any deviation from the planned implementation of savings initiatives and cash management strategies included in this initial report; and provided further, that MassHealth shall notify the executive office for administration and finance and the house and senate committees on ways and means not less than 90 days in advance of implementing any proposed rate cuts to providers or service cuts to members.
 

 

Department of Mental Health Inpatient Study

SECTION 186.   There is hereby established an advisory committee for the purpose of arranging for and evaluating an independent analysis of the public and private behavioral health care services available to the residents of the commonwealth.

The advisory committee shall consist of the chairs of the house and senate committees on ways and means, the joint committee on health care financing, the joint committee on mental health and substance abuse, or their designees, 1 member of the minority party to be appointed by the minority leader of the house of representatives, 1 member of the minority party to be appointed by the minority leader of the senate; and the secretary of health and human services, the commissioner of mental health, the commissioner of public health, the commissioner of insurance, and the director of Medicaid, or their designees; and 1 representative from each of the following organizations: the Association for Behavioral Healthcare; the Massachusetts Association of Behavioral Health Systems; the Massachusetts College of Emergency Physicians; the Massachusetts Hospital Association; the Massachusetts League of Community Health Centers; the Massachusetts Medical Society; the Massachusetts Psychiatric Society; the Massachusetts Nurses Association; the Service Employees International Union; AFSCME Council 93; Blue Cross Blue Shield of Massachusetts; the Massachusetts Association of Health Plans; Health Law Advocates; the National Alliance on Mental Illness of Massachusetts; and the Massachusetts Society for the Prevention of Cruelty to Children. The advisory committee shall be co-chaired by 1 advisory committee senate member designated by the senate president and 1 advisory committee house member designated by the speaker of the house of representatives.

Subject to appropriation and upon the appointment of the co-chairs, the advisory committee shall: (1) convene upon the call of the co-chairs to commission an independent consultant to evaluate and analyze the public and private behavioral health care services available to the residents of the commonwealth. The advisory committee shall advise, direct and consult with the independent consultant on the execution and completion of the analysis. The analysis shall include, but not be limited to, an account of the following: (a) the availability of inpatient and outpatient behavioral health care services, including community based supports; (b) the inpatient capacity of acute and continuing care beds at public and private psychiatric facilities, including overall bed availability and bed availability for co-morbid and difficult to place patients, average length of stay and geographic location; (c) the connection between public and private behavioral health care services; (d) the payment and reimbursement of behavioral health care services; (e) the implementation of state and federal mental health parity laws; (f) the prior authorization and adverse determination requirements related to the coverage of behavioral health care services; (g) the boarding of behavioral health patients in hospital emergency departments; (h) the use of direct admissions to inpatient behavioral health care services from a community-based setting; and (i) a review of the Massachusetts Emergency Services Program; and (2) convene upon the call of the co-chairs to: (a) advise and consult with the independent consultant on the completion and implementation of the analysis; and (b) review and make recommendations to the independent consultant on the preliminary findings of the analysis.

Not later than December 28, 2012, the consultant shall provide to the legislature a report containing: (i) an assessment of the state's inpatient services provided through the department of mental health; (ii) an estimate of the appropriate number of inpatient mental health beds given the current number of community placements; and (iii) the anticipated impact of the closure of Taunton State Hospital on the mental health needs of the southeastern region of the commonwealth. Until this report is provided, the department of mental health shall not reduce the number of inpatient beds at Taunton State Hospital. The independent consultant shall report to the general court the preliminary results of its analysis by filing the same with the clerk of the house of representatives and the clerk of the senate on or before April 30, 2013. The independent consultant shall report to the general court the final results of its analysis by filing the same with the clerk of the house of representatives and the clerk of the senate on or before November 15, 2013. The advisory committee shall file its recommendations based on the final report of the independent consultant with the clerk of the house of representatives and the clerk of the senate on or before December 31, 2013.
 

Veto Explanation:
I am vetoing this section consistent with my veto in item 5095-0015 of section 2, while recommending an alternative study by the Department of Mental Health in my supplemental budget proposal.

 

ELL and Safe and Successful Youth Program Evaluation

SECTION 187.   Notwithstanding any general or special law to the contrary, no grant applications shall be accepted by the executive office of health and human services under item 4000-0005 of section 2 or by the executive office of education for grants distributed under item 7009-6400 of said section 2 in fiscal year 2013 prior to the competitive selection of an independent program evaluator by each administering agency. The independent evaluator chosen for each program shall provide assistance with the evaluation of grant applications and, to the extent possible, in developing the requirements for grant recipients. The independent evaluator shall be responsible for a multi-year evaluation of each program's implementation and outcomes; provided that the evaluator shall be responsible for evaluation design. Each program shall select an evaluator based on a competitive process. The selected evaluator shall demonstrate: (i) prior experience in evaluating the impact of social programs on low-income urban youth and communities using either random assignment of treatment or regression discontinuity methods; (ii) prior experience in field evaluation; and (iii) demonstrated skill in using quantitative analysis relevant for program evaluation. When selecting an independent evaluator, the administering agency shall consider: (1) a sample of previous similar work; (2) the ability to perform requested services; and (3) a proposed evaluation budget; provided, however, that the administering agency shall give preference to non-profit research organizations. Each administering agency shall develop a request for proposal for program evaluators based on the criteria included in this section not later than August 15, 2012 and shall select an evaluator not later than October 1, 2012. Once selected, evaluators shall assist the administering agency with reviewing, and to the extent possible, developing requests for proposal for grant funds that ensure that grant recipients: (A) fully cooperate with the independent evaluator; (B) commit to seeking the informed consent of program clients and their families to share data relevant to evaluation; and (C) provide access to program and administrative data necessary for evaluation. The evaluators shall provide quarterly progress updates to the house and senate committees on ways and means that shall inform the committees on the progress of implementing the evaluation plan and shall identify in those updates any obstacles encountered in implementing the evaluation plan; provided, however, that the first quarterly report shall detail the evaluation plan for each program, data required for analysis and outcomes measured. The evaluators shall provide an annual report not later than March 15 of each year of the evaluation period to report on relevant findings and analysis.
 

 

Validation of Collective Bargaining Agreements

SECTION 188.   The salary adjustments and other cost items authorized by the 2011 amendments to the following collective bargaining agreements, for the period from July 1, 2011 to June 30, 2014, inclusive, shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(a)          between the commonwealth and the Coalition for Public Safety, Unit 5, at the alcoholic beverages control commission;

(b)          between the commonwealth and the Massachusetts Organization of State Engineers and Scientists, Unit 9; and

(c)          between the commonwealth and Lottery - SEIU Local 888 (Unit LT1).
 

 

Validation of Collective Bargaining Agreements

SECTION 189.   The salary adjustments and other cost items authorized by the 2011 amendments to the following collective bargaining agreements, for the period from July 1, 2011 to June 30, 2014, inclusive, shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(a)          between the Essex sheriff and the International Brotherhood of Correction Officers, for Local R1-27 (Unit SE3);

(b)          between the Barnstable sheriff and the National Association of Government Employees, for Local 220 (Unit S5B);

(c)          between the Barnstable sheriff and the AFL-CIO Council 93, for Local 1462C (Unit S2B);

(d)          between the Barnstable sheriff and the Barnstable Correctional Officers Union (Unit S1B);

(e)          between the Barnstable sheriff and the International Brotherhood of Correction Officers, for Local 217 (Unit S3B);

(f)          between the Barnstable sheriff and the National Association for Government Employees, for Local 58 (Unit S4B);

(g)          between the Dukes sheriff and Massachusetts Correctional Officers Federated Union (Unit SD1);

(h)          between the Suffolk sheriff and the and American Federation of State Council and Municipal Employees, for Council 3967 and 3642, Suffolk Captains (Unit SS6 and SS5);

(i)          between the Essex sheriff and the Essex correction officers (Unit SE2);

(j)          between the board of higher education and the Association of Federal, State, County and Municipal Employees, Council 93, Local 1067 (Unit 106);

(k)          between the Berkshire sheriff and the International Brotherhood of Correction Officers/AFL-CIO, Local RI-297 (Unit SB1);

(l)          between the Berkshire sheriff and the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers - Communications Workers of America (Unit SB2);

(m)          between the Berkshire sheriff's department and the Berkshire County Sheriff's Office Employees Association (Unit SB3);

(n)          between the Suffolk sheriff and the National Association of Government Employees, Local 298 (Unit SS2);

(o)          between the Middlesex sheriff and the New England Police Benevolent Association/AFL-CIO, Local 500 (Unit SM5);

(p)          between the Norfolk sheriff and the National Association of Government Employees, RI-202 (Unit SN1);

(q)          between the Suffolk sheriff and the American Federation of State, County and Municipal Employees/AFL-CIO, Council 93, Local RN (Unit SS3);

(r)          between the Plymouth county sheriff and the Massachusetts Correctional Officers Federated Union, Emergency Communications Center Unit (Unit SP5);

(s)          between the University of Massachusetts and the International Brotherhood of Police Officers (Unit D84), for the Dartmouth campus;

(t)          between the University of Massachusetts and the American Federation of Teachers, Local 1895, AFL-CIO, Educational Services Unit (Unit D85), for the Dartmouth campus;

(u)          between the University of Massachusetts and the Massachusetts Society of Professors/Faculty Staff Union/MTA/NEA (Units A50 and B40);

(v)          between the University of Massachusetts and the University Staff Association/MTA/NEA (Unit A08), for the Amherst campus;

(w)          between the University of Massachusetts and the Non-Exempt Supervisors Unit, Unit B/MTA/NEA (Unit A15), for the Amherst campus;

(x)          between the University of Massachusetts and the Professional Staff Union/MTA/NEA (Units A52 and B42), for the Amherst and Boston campuses;

(y)          between the University of Massachusetts and the Classified Staff Union/MTA/NEA (Units B31 and B32), for the Boston campus;

(z)          between the University of Massachusetts and the American Federation of State, County and Municipal Employees, Local 507, AFL-CIO (Unit D82), for the Dartmouth campus;

(aa)          between the University of Massachusetts and the Massachusetts Society of Professors/Lowell/MTA/NEA (Unit L90);

(bb)          between the University of Massachusetts and the MTA/NEA Clerical/Technical Unit (Unit L92), for the Lowell campus;

(cc)          between the University of Massachusetts and the MTA/NEA Maintenance/Trades Unit (Unit L93), for the Lowell campus;

(dd)          between the board of higher education and the Massachusetts Teachers Association/National Education Association Associated Professional Administrators (Unit APA);

(ee)          between the board of higher education and the Massachusetts Teachers Association/National Education Association State College Faculty (Unit MSC);

(ff)          between the board of higher education and the Massachusetts Teachers Association/National Education Association Associated Massachusetts Community Colleges Council (Unit MCC);

(gg)          between the commonwealth and the registry of deeds (Unit SC1-6);

(hh)          between the University of Massachusetts and the Amherst Council 93, Local 1776, AFL-CIOs (Unit A01), for the Amherst campus;

(ii)          between the University of Massachusetts and the Service Employees International Union, Local 888 (Unit L95), for the Lowell campus; and

(jj)          between the Suffolk sheriff and the American Federation of State, County and Municipal Employees for Council 93, Local 419 (Unit SS0).
 

 

Transfer State Lab from DPH to State Police

SECTION 190.   (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of certain employees, proceedings, rules and regulations, property and legal obligations of the department of public health, as the transferor agency, to the department of state police, as the transferee agency.

(b) Subject to appropriation and chapter 22C of the General Laws, the employees of the laboratories of the department of public health that analyze illicit and seized substances for law enforcement purposes, including those employees who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided in section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the department of state police, without interruption of service within the meaning of said section 9A of said chapter 30, without impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfers and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state labor relations commission or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment in that agreement shall continue as if the employees had not been so transferred. The transfer shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under said chapter 31 or has tenure in a position pursuant to said section 9A of said chapter 30.

Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain under chapter 150E of the General Laws and shall be considered employees of the department of state police for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before the laboratories of the department of public health that analyze illicit and seized substances for law enforcement purposes or duly begun by such laboratories and pending before them prior to the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the department of state police.

(d) All orders, rules and regulations duly made and all approvals duly granted by the laboratories of the department of public health that analyze illicit and seized substances for law enforcement purposes, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the department of state police or the department of public health.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of the laboratories of the department of public health that analyze illicit and seized substances for law enforcement purposes, shall be transferred to the department of state police, to the extent agreed by both departments.

(f) All duly existing contracts, leases and obligations of the laboratories of the department of public health entered into to enable the analysis of illicit and seized substances for law enforcement purposes shall continue in effect, but shall be assumed by the department of state police. No existing right or remedy of any kind shall be lost, impaired or affected by this act.

(g) All references in any general or special law, regulation, contract or other document to the laboratories of the department of public health that analyze illicit and seized substances for law enforcement purposes or to a principal officer thereof shall be taken to refer to the department of state police or to a principal officer of that department.
 

 

Sexual Assault Nurse Examiner Program

SECTION 191.   (a) On the effective date of this act, current positions and employees of the Massachusetts office of victim assistance in the sexual assault nurse examiner program shall be transferred to the department of public health for the purposes of operating the sexual assault nurse examiner program pursuant to section 220 of chapter 111 of the General Laws.

(b) Notwithstanding chapter 150E of General Laws, these employees shall maintain salary and benefits in effect prior to the transfer and shall not be subject to collective bargaining agreements within the department of public health. Nothing in this section shall confer upon any employee of the department's sexual assault nurse examiner program any right not held immediately before the date of the transfer.

(c) Notwithstanding chapter 150E of the General Laws, the department may fill vacancies in positions transferred pursuant to subsection (a); provided, however, that the salaries and benefits of individuals hired to fill vacant positions shall be comparable to the salaries and benefits of individuals transferred into the same or similar positions within the department's sexual assault nurse examiner program.
 

 

Superintendent Responsible for State House Only

SECTION 192.   (a) Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of employees, proceedings, rules and regulations, property and legal obligations from the bureau of state office buildings, as the transferor agency, to the division of capital asset management and maintenance, as the transferee agency; provided however, employees holding the positions of state house ADA coordinator and art collections manager at the time of the transfer shall be employees of the bureau of the state house, under section 1 of chapter 8.

(b) To the extent that employees of the transferor agency, including those who hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are transferred to the respective transferee agency, such transfers shall be effected without interruption of service within the meaning of said section 9A of said chapter 30 without impairment of seniority, retirement or other rights of the employee and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state division of labor relations or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this section either holds a permanent appointment in a position classified under said chapter 31 or has tenure in a position by reason of said section 9A of said chapter 30.

Notwithstanding any other general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain under chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of the transfer or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before the transferor agency or duly begun by the transferor agency and pending before it before the effective date of this section, shall continue unabated and remain in force, but shall be assumed and completed by the transferee agency.

(d) All orders, rules and regulations duly made and all approvals duly granted by the transferor agency, which are in force immediately before the effective date of this section, shall continue in force and shall thereafter be enforced until superseded, revised, rescinded or canceled, in accordance with law, by the transferee agency.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this section are in the custody of the transferor agency shall be transferred to the transferee agency; provided, however, property related to the operation and maintenance of the state house including, but not limited to, the community crew transportation vehicle shall not be transferred.

(f) All duly existing contracts, leases and obligations of the transferor agency shall continue in effect but shall be assumed by the transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this section.
 

 

Superintendent Responsible for State House Only

SECTION 193.   Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance and the superintendent of the state house shall enter into a memorandum of understanding regarding the negotiation of and participation in bulk purchasing contracts. The memorandum shall ensure the continued participation of the bureau of the state house in all bulk purchasing contracts currently in place under the bureau of state office buildings and shall require the superintendent of the state house or a designee to participate in all such future contract negotiations; provided, further, that the memorandum shall ensure that the state house is a priority in all contracts for mechanical and building maintenance during emergency situations; provided further, that the memorandum shall require the division of capital asset management and maintenance to continue to provide access control cards and parking services currently in place under the bureau of state office buildings for the legislature; provided further, that the memorandum shall require the division to provide engineers and specialists to the bureau of the state house for consultation on projects or in the event of an emergency; and provided further, that the memorandum shall require said division to continue to provide access to equipment currently used by the bureau of state office buildings. The memorandum shall authorize the bureau of the state house to use the division of capital asset management and maintenance's work order management system software at no cost.
 

 

Superintendent Responsible for State House Only

SECTION 194.   The secretary of administration and finance shall ensure the orderly transition of the bureau of state office building employees to the division of capital asset management and maintenance under section S/146, H/84 and shall maintain the continued, orderly operation of the state house during the transition period.
 

 

Quincy district courthouse

SECTION 195.   The Quincy district courthouse in the city of Quincy shall be designated and known as the Francis X. Bellotti Courthouse. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing the designation in compliance with the standards of the division.
 

 

Video Conferencing Pilot

SECTION 196.   The court administrator may execute a memorandum of understanding with an interested sheriff's office to initiate or expand the use of video conferencing technology to conduct certain court proceedings for the purposes of improving courtroom efficiency and decreasing inmate transportation costs. The terms of any such agreement shall specify the types of court appearances that may be conducted by video.

The court administrator and the Massachusetts Sheriff's Association shall, not later than January 15, 2013, file a report with the house and senate committees on ways and means and the joint committee on the judiciary detailing the number and locations of facilities and courthouses where video conferencing technology is being utilized, the sheriffs' departments participating in the program, the types of appearances being conducted through the use of the technology, the approximate number of inmate transportation trips to and from court that have been eliminated through the use of the technology, the savings associated with the elimination of such inmate transportation and the feasibility of or plans to expand the use of the technology into either additional facilities and courthouses or to additional types of appearances.
 

 

DOC reprocure medical services

SECTION 197.   Notwithstanding any general or special law to the contrary, the department of correction shall reprocure medical services provided at all institutions with 1 or more contracts to decrease healthcare expenses and increase efficiencies. The department shall solicit new bids for such services and shall include, but not be limited to, mental health and dental services. Reprocurement shall be subject to an open and competitive bid process. Eligible applications shall include plans to track claims and treatment data. When entering into a new healthcare contract, the department of correction may give preference to vendors with a demonstrated ability to most effectively secure federal reimbursements. In executing the reprocurement of such services, the department shall notify the sheriffs in each of the departments of county sheriffs who may elect to participate in the reprocurement of such services.
 

 

Yarmouth Marina

SECTION 198.   Notwithstanding any general or special law or rule or regulation or performance standard to the contrary, and in order to increase access to the Yarmouth waterfront; to promote the increase, preservation and restoration of salt water marshes, wetlands and wetland vegetation; to provide quicker public safety response; to provide the area's first permanent boat waste pump-out facility; to reduce fuel spills by providing the area's first fully contained fuel station; to educate the public in habitat restoration and creation; and provide other improvements beneficial to the public interest, the general court finds that the Yarmouth Marina Project located on Parker's River at the site of the former drive-in theater on state highway route 28 in the town of Yarmouth demonstrates an overriding public interest and shall be exempt from any department of environmental protection review under the Wetlands Protection Act and a Water Quality Certification under the Massachusetts Clean Waters Act (401 Water Quality Certification Program); provided, however, that the town shall mitigate any disturbance of wetland vegetation by aggressive attempts at restoration or rehabilitation of an area or areas of distressed wetland vegetation of a total area of not less than twice the area of wetland vegetation disturbed.
 

 

Cape Cod Wastewater SmartMap and Cost Model

SECTION 199.   Notwithstanding any general or special law to the contrary, subject to appropriation, the Cape Cod Commission, or its designee, shall link existing land use data with newly developed scientific and financial planning data to create a comprehensive, linked model for the purpose of identifying environmentally appropriate and affordable wastewater infrastructure solutions. The model shall identify the appropriate economy of scale for wastewater infrastructure solutions and shall provide estimates of the costs associated with implementing various solutions. The model may be used by communities in the commonwealth to pursue regional wastewater options that satisfy environmental regulatory requirements in the most efficient and cost effective manner and have the potential to preempt future water quality litigation.

The comprehensive model shall be accessible to the public through a web mapping application. The components of the model and the web mapping application shall include, but not be limited to: (i) Cape-wide build-out scenarios and water usage data; (ii) recommendations regarding the appropriate use and costs of a range of technologies in specific circumstances for achieving water quality goals, including natural systems restoration, alternative on-site technologies and more traditional technologies such as satellite, cluster and centralized treatment technologies; (iii) scientific data that supports the calculation of nitrogen loads and estimates the impact of various land use patterns, technologies and other factors on water quality; and (iv) planning level cost estimates of wastewater infrastructure costs to Cape Cod taxpayers and potential rate payers to meet water quality goals. The model shall allow the user to vary land use development patterns, wastewater infrastructure technologies and tax and rate structures to understand the environmental and financial implications of various decisions related to wastewater planning. The comprehensive model shall be completed not later than June 30, 2013.
 

 

Financial Literacy Pilot Program

SECTION 200.   (a) There shall be a pilot program to equip students with the knowledge and skills needed to become self-supporting and to enable students to make critical decisions regarding personal finances. The department of elementary and secondary education shall develop a 3-year pilot program for 10 public high schools on financial literacy education for implementation in the school year beginning in 2013. The pilot program shall be a competitive grant process for high schools in gateway municipalities, as defined in section 3A of chapter 23A of the General Laws. The proposed curricula on financial literacy of schools applying for the pilot program shall be aligned with the math curriculum frameworks. The department shall identify and offer to schools applying for the pilot program information on cost-effective methods for fulfilling the professional development activities and resources needed for program implementation. The department may consult with private, nonprofit or other government institutions in order to identify and offer said information. The department shall develop guidelines for an annual review of the progress being made by each pilot school. Each school shall participate in any evaluation or accountability process implemented by or authorized by the department.

The department shall prepare and submit an annual report describing and analyzing the implementation of the pilot program in all participating schools to the joint committee on education, the house and senate committees on ways and means, and the office of the state treasurer on or before September 30 of each pilot year.

(b) The department shall establish an advisory committee to consist of 11 members: the commissioner of the department of elementary and secondary education, or a designee, who shall serve as co-chair; the state treasurer, or a designee, who shall serve as co-chair; 2 public high school educators who have taught programs on financial literacy, 1 of whom shall be appointed by the Massachusetts Teachers Association and 1 of whom shall be appointed by American Federation of Teachers Massachusetts; 1 superintendent of a public high school, selected by the Massachusetts Association of School Superintendents; the undersecretary of the Massachusetts office of consumer affairs and business regulation, or a designee; 1 member appointed by the Massachusetts Bankers Association; 1 member appointed by the Massachusetts Credit Union League; 1 member appointed by the Massachusetts Council on Economic Education; and 2 Massachusetts community college or state university professors who teach financial literacy or personal finance, to be appointed by the commissioner of higher education.

The advisory committee shall meet no less than quarterly for the first 4 years after the effective date of this section. The committee shall continue to meet thereafter for a time period to be determined by the advisory committee co-chairs. The department shall consult with the advisory committee regarding metrics and guidelines for evaluating the success of the pilot program, as established in subsection (a). Following the first 3 years of implementation, the advisory committee shall review the pilot program and issue a report of its findings including an analysis of all relevant data so as to determine the effectiveness of the program. The report shall include specific legislative recommendations, including whether the program should be expanded, maintained or discontinued. The advisory committee shall report to the joint committee on education, the house and senate committees on ways and means, and the office of the state treasurer on or before December 31, 2016.
 

 

Co-Pay Assistance

SECTION 201.   Notwithstanding any special or general law to the contrary, not later than December 31, 2014, the division of health care finance and policy, in consultation with the department of public health, shall conduct and complete an analysis of the impact on health care costs of the use of discounts, rebate, product voucher or other reduction for biological products and prescription drugs authorized under section 3 of chapter 175H from August 1, 2012 to July 31, 2014. The report shall include, but not be limited to: (i) the total number coupons and discounts redeemed in the commonwealth; (ii) the total value of coupons and discounts redeemed in the commonwealth; (iii) an analysis of the types of biological products and prescription drugs for which coupons and discounts were most frequently redeemed; (iv) a comparison of any change in utilization of generic versus brand name prescription drugs; (v) a comparison of any change in utilization of among therapeutically-equivalent brand name drugs; (vi) the effect on patient adherence to prescribed drugs; (vii) patient access to innovative therapies; (viii) an analysis of the availability of the coupons or discounts upon renewals; (ix) an analysis of the cost impact to consumers upon expiration of the coupon or discount; (x) an analysis of the impact on commercial health insurance premiums, attributed to both employers and individuals; (xi) an analysis of the impact on any health care cost containment goals adopted by the commonwealth; (xii) and an analysis of the impact on premiums associated with the group insurance commission.

To conduct its evaluation, the division may contract with an outside organization with expertise in the analysis of health care financing. In conducting its evaluation, the division may require that manufacturers of biological products and prescription drugs report on the number and types of coupons which such manufacturers have issued and which have been redeemed in the commonwealth.

The division shall file a report of its findings with the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on health care financing.
 

 

Massachusetts Veteran and War Memorials Commission

SECTION 202.   There shall be a commission to evaluate and make recommendations on an equitable method for awarding funding for the upkeep, maintenance or repair of veteran or war memorials within the commonwealth. The commission shall be known as the Massachusetts Veteran and War Memorials Commission.

The commission shall consist of 5 members: 1 of whom shall be appointed by the governor, who shall serve as chair; 1 of whom shall be appointed by the president of the senate; 1 of whom shall be appointed by the speaker of the house of representatives; the adjutant general of the national guard, or a designee; and the secretary of the department of veterans' services, or a designee. Members of the commission shall not receive compensation for their services. No designee shall be a member of the legislature.

The commission shall report its recommendations to the department of veterans' services and the house and senate committees on ways and means not later than March 1, 2013. This report shall not affect funding for war memorials in fiscal year 2013.
 

 

Rural Access Commission

SECTION 203.   There shall be a special commission to study access to public assistance and state-sponsored services in rural areas. The commission shall consist of 13 members including: the secretary of health and human services or a designee, who shall serve as the chair; the commissioner of transitional assistance or a designee; the child advocate or a designee; the secretary of elder affairs or a designee; the undersecretary of housing and community development or a designee; the commissioner of early education and care or a designee; a representative from the Massachusetts League of Community Health Centers; a representative from Children's Trust Fund; a representative from the Massachusetts Association of Community Action Centers; a representative from the Massachusetts Model of Community Coalitions; a representative of Mass Home Care; a representative from a food bank or food pantry located in the commonwealth, appointed by the governor; and a representative of the Citizens' Housing and Planning Association.

The commission shall examine the barriers faced by low-to moderate-income individuals living in rural areas to obtain public assistance and state-sponsored services including, but not limited to, fuel assistance, child care subsidies, direct cash assistance, emergency housing services and health and human service programs which provide services to children, families, persons with disabilities and elders. The commission's analysis shall include, but not be limited to, the cost of traveling to and from regional offices, the cost of delivering services in rural areas and the success of outreach efforts in rural communities. The commission shall investigate the feasibility of coordinating delivery of services between local and state agencies, expanding the use of technology to increase access to services and eliminating application requirements for in-person visits to state agencies. The commission shall file the results of its study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, with the house and senate committees on ways and means, the joint committee on children, families and persons with disabilities and the joint committee on elder affairs not later than April 1, 2013.
 

 

Elder Protective Services Commission

SECTION 204.   There shall be a special commission to make an investigation and study of elder protective services and to make recommendations to enhance said services where appropriate and necessary. The special commission shall consist of the house and senate chairs of the committee on elder affairs, or their designees, who shall serve as co-chairs; the secretary of elder affairs, or a designee; the commissioner of public health, or a designee; the attorney general, or a designee; a district attorney as designated by the Massachusetts District Attorneys Association; the president of the Massachusetts Chiefs of Police Association, or a designee; the executive director of the Massachusetts Association of Home Care Programs, or a designee; the head of the elder, health and disability unit of Greater Boston Legal Services, Inc., or a designee; the state director of AARP Massachusetts, or a designee; the executive director of the Massachusetts Association of Councils on Aging Inc., or a designee; the executive director of Jane Doe, Inc., or a designee; the executive director of the Massachusetts office of victim assistance, or a designee; the president of the Alzheimer's Association, or a designee; and 3 members appointed by the governor, 1 of whom shall be a member of the Massachusetts bar who practices in the area of elder law, 1 of whom shall be an expert in financial services, 1 of whom shall be a representative of a visiting nurse association and 1 of whom shall be an expert in geriatric mental health.

The commission shall examine strategies to increase public awareness of elder abuse and mechanisms for reporting said abuse. The commission shall assess the funding and programming needed to enhance elder protective services to the growing elder population and examine best practices for the prevention and detection of elder abuse. The commission shall also examine methods for addressing the high cost of financial exploitation investigations and expanding the availability of affordable legal services and financial advisory services for elders. The commission shall also examine the development of elder abuse multidisciplinary teams to provide consultation on protective services cases and perform critical incident case reviews.

The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions, including, but not limited to, those relating to elder abuse prevention strategies. The commission shall be empowered to hold regular public meetings, fact-finding hearings and other public forums as it considers necessary.

The commission shall file its recommendations, together with recommendations for legislation, if any, with the clerks of the house of representatives and senate on or before June 30, 2013.
 

 

Medfield State Hospital Cleanup Plan

SECTION 205.   Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the executive office of energy and environmental affairs, shall review its cleanup plan for the site of the former Medfield State Hospital and report on whether it: (i) is based on a standard of unrestricted use for the site; (ii) fully complies with all state and federal environmental regulations and standards; (iii) fully complies with the recommendations regarding flood plain restoration and management as described in the September 2011 Massachusetts Climate Change Adaptation Report; and (iv) addresses the concerns of the town of Medfield and surrounding communities in the Charles River watershed. The division shall report its findings and any reasons for noncompliance or failure to address the concerns of the town of Medfield and surrounding communities in the Charles River watershed to the clerks of the senate and the house of representatives not later than October 1, 2012.
 

 

Public Awareness - Chronic Obstructive Pulmonary Disease (COPD)

SECTION 206.   Notwithstanding any general or special law to the contrary there is hereby established a special commission for the purpose of conducting an investigation and study of strategies to promote public awareness and increase knowledge of the causes of chronic obstructive pulmonary disease, or COPD, the importance of early diagnosis, effective prevention strategies, and disease management. Said special commission shall determine what existing resources are currently being utilized, if there exists a solid scientific base of knowledge concerning COPD through surveillance, epidemiology and research, and whether there is a need for improving the quality and accessibility of existing community-based COPD services. The special commission shall consist of the chairs of the joint committee on public health, or their designees; the commissioner of public health, or a designee; the secretary of elder affairs, or a designee; a representative of the American Lung Association; and 4 members to be appointed by the governor, from the following populations: a patient representative; a pulmonologist; a respiratory therapist; and a representative of the health insurance industry. The special commission shall report, in writing the results of said study together with its recommendations, if any, not later than December 31, 2013.
 

 

Medical Equipment - Sales Tax

SECTION 207.   Notwithstanding any general or special law to the contrary, the department of revenue, in conjunction with the executive office of health and human services, shall investigate and report on the feasibility and costs of implementing a sales tax exemption for any medical equipment deemed medically necessary and prescribed by a physician. The department of revenue shall report its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate, the joint committee on revenue and the house and senate committees on ways and means not later than December 31, 2012.
 

 

GAA Electronic Reporting Requirement

SECTION 208.   Notwithstanding any general or special law to the contrary, there shall be a special commission for the purpose of studying and making recommendations relative to services for unaccompanied homeless youth age 22 and younger, with the goal of ensuring a comprehensive and effective response to the unique needs of this population. The focus of the commission's work shall include, but not be limited to: (i) an analysis of the barriers to serving unaccompanied youth who are gay, lesbian, bisexual or transgender; (ii) an analysis of the barriers to serving unaccompanied youth under 18 years of age; (iii) an assessment of the impact of mandated reporting requirements on unaccompanied youths' access to services; (iv) the commonwealth's ability to identify and connect with unaccompanied youth; and (v) recommendations to reduce identified barriers to serving this population including, but not limited to, extending the time for certain categories of mandated reporters to file reports and establishing special licensure provisions to allow service providers to serve homeless youth under 18 years of age. The commission, in formulating its recommendations, shall take account of best practices and policies in other states and jurisdictions.

The commission shall include: the secretary of health and human services or a designee, who shall serve as chair; the commissioner of children and families or a designee; the commissioner of elementary and secondary education or a designee; the commissioner of public health or a designee; the commissioner of mental health or a designee; the director of Medicaid or a designee; the commissioner of transitional assistance or a designee; the undersecretary of housing and community development or a designee; 2 members of the senate; 2 members of the house of representatives; 3 youth who have experienced homelessness appointed by the office of the child advocate; 3 direct service providers who work with unaccompanied homeless youth to be appointed by the governor; and 1 representative from each of the following organizations: the Massachusetts Coalition for the Homeless, the Task Force on Youth Aging Out, the Massachusetts Appleseed Center for Law and Justice, MassEquality, the Massachusetts Housing and Shelter Alliance, the Massachusetts Transgender Political Coalition and the Boston Alliance of Gay, Lesbian Bisexual and Transgender Youth.

The commission shall submit its initial report to the governor, the speaker of the house, the senate president, the joint committee on children, families and persons with disabilities and the office of the child advocate not later than March 31, 2013. The report shall set forth the commission's findings and any recommendations for regulatory or legislative action with a timeline for implementation, cost estimates and finance mechanisms. Thereafter, the commission shall submit a report by December 31, annually, to the governor, the speaker of the house, the senate president, the joint committee on children, families and persons with disabilities and the office of the child advocate, detailing the extent of homelessness among unaccompanied youth within the commonwealth and the progress made toward implementing the commission's recommendations, along with other efforts to address the needs of this population.
 

 

DEP NPDES Report

SECTION 209.   Notwithstanding any other general or special law to the contrary, the department of environmental protection shall evaluate the feasibility, cost, advantages and disadvantages of obtaining from the United States Environmental Protection Agency, to the extent permitted by federal law, delegated authority over National Pollutant Discharge Elimination System programs. The department shall file a report detailing its findings, together with drafts of legislation necessary to obtaining such authority, with the clerks of the senate and the house of representatives not later than July 1, 2013.
 

 

Relative to Children on MassHealth with Complex Care Needs

SECTION 210.   Notwithstanding any general or special law to the contrary, the executive office of health and human services shall conduct a procurement to select an entity to conduct an analysis of children with complex care needs in the MassHealth program. The goal of the procurement shall be to: (i) identify a suitable vendor to partner with the executive office to identify all children with complex care needs in the MassHealth program, understand the services, service providers and medical resources utilized and current costs of serving these children; and (ii) to analyze the suitability of the chidlren's current primary or majority care settings relative to the goals of the Patient-Centered Medical Home Initiative and the goal of providing the highest quality care most efficiently by managing care and utilization of services. The analysis conducted pursuant to the procurement shall group the patients by primary diagnosis, including mental health diagnoses, or other clinical profile characteristics and assess the current medical home capabilities of primary care providers for the relevant patients in each category, by geographic region. The executive office shall not award any money or other compensation with the contract. The request for proposals shall be released by October 1, 2012 and the vendor shall be selected by November 30, 2012.

The chosen entity shall submit a report of its findings to the executive office, the division of insurance, the joint committee on health care finance, the house and senate committees on ways and means and the house and senate clerks, for public availability, not later than August 31, 2013. The report shall include: (a) recommendations for how children with complex care needs could be served in keeping with the goals of the Patient-Centered Medical Home Initiative; (b) recommendations for appropriate quality benchmarks for the care of such children or recommendations regarding the development of such metrics; (c) an analysis of potential federal and external funding sources; and (d) an analysis of care models and financial arrangements used for children with complex care needs in other states.
 

 

Massachusetts Convention Center Authority

SECTION 211.   Notwithstanding subsection (g) section 3 of chapter 152 of the acts of, in addition to the construction and development of an expansion to the hotel located in the northeast corner of the convention center development area, as defined in said chapter 152, not more than 7 additional hotels may be constructed and developed within a BCEC Hotel Zone within the city of Boston. The BCEC Hotel Zone shall include the portion of the convention center finance district located south of Summer street and east of a boundary established by West Service road from Summer street to the intersection with Wormwood street, north of Wormwood street from such intersection to the intersection of Wormwood street and the South Boston Bypass road, and east of the South Boston Bypass road from such intersection to the intersection of the South Boston Bypass road and West First street, as such streets are depicted in Exhibit I, Buildout Plan, of the Boston Redevelopment Authority Master Plan for Planned Development Area number 69, South Boston, dated January 10, 2007; provided that (i) such hotels shall include not more than a total of 2,700 rooms, including not more than 1 additional headquarters hotel, so called, with not more than 1,200 rooms; and (ii) the developer or operator of each such hotel shall enter into a contract with the Massachusetts Convention Center Authority with provisions regarding the cooperative marketing, pricing and use of such hotels to encourage the use of the Boston convention and exhibition center and incorporating community input from the neighborhoods surrounding the BCEC Hotel Zone.
 

 

Massachusetts Convention Center Authority

SECTION 212.   In accordance with section 38N of chapter 190 of the acts of 1982, as amended, capital facility projects described in the report titled "Top 5 Initiative - Phase 1 Feasibility Study and Program," dated May 16, 2012 and filed with the clerks of the senate and house of representatives and the senate and house committees on ways and means, are hereby authorized. Said capital facility projects and the acquisition of lands for the purpose of said projects are facilities of the Massachusetts Convention Center Authority and may be funded pursuant to clause (iv) of subsection (c) of section 10 of chapter 152 of the acts of 1997.
 

 

Immigration-Fair Employment and Security

SECTION 213.   (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the executive office of health and human services shall, not later than July 31, 2013, use the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of all persons who apply for benefits with an alien admission number or alien file number.

Consistent with federal and state law and notwithstanding the preceding paragraph, the SAVE system 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. 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 the use of the SAVE system.

(b) The executive office of health and human services or the executive office for administration and finance shall, not later than March 1, 2013, report to the senate and house committees on ways and means the status of the implementation of the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of all persons who apply for benefits with an alien admission number or alien file number.

(c) Annually, on or before February 1, the executive office of health and human services shall report to the senate and house committees on ways and means and the executive office for administration and finance: (i) the amount of money recovered from recipients, providers or other vendors who fraudulently received benefits or payments under chapter 118E of the General Laws and (ii) the costs incurred by the executive office of health and human services to verify the immigration status through the SAVE system.
 

 

Immigration-Fair Employment and Security

SECTION 214.   The registrar of motor vehicles shall investigate and report on any compliance issues with the implementation of the federal REAL ID Act of 2005 occurring on January 15, 2013, as it relates to the issuance of licenses to operate motor vehicles. The registrar shall file the report and drafts of legislation necessary to carry its recommendations into effect with the clerks of the house of representatives and senate and the chairs of the joint committee on public safety on or before January 1, 2013.
 

 

Metropolitan Beaches Commission - Revive and Continue

SECTION 215.   The special commission established in section 36 of chapter 45 of the acts of 2005 is hereby revived and continued. The commission shall report to the general court the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and house of representatives not later than June 30, 2013.
 

 

Searchable Website

SECTION 216.   The updates to the searchable website which are required to be implemented under subsection (h) of section 14C of chapter 7 of the General Laws shall be completed not later than December 31, 2017.
 

 

Immigration-Fair Employment and Security

SECTION 217.   The registrar of motor vehicles shall promulgate regulations pursuant to the sixth sentence of the first paragraph of section 2 of chapter 90 of the General Laws no later than January 1, 2013.
 

 

Community Preservation

SECTION 218.   Sections 57 to 71, inclusive, shall apply to all Community Preservation Fund appropriations approved by a city or town's legislative body on or after the effective date of acceptance of sections 3 to 7, inclusive, of chapter 44B of the General Laws in any such city or town.
 

 

Superintendent Responsible for State House Only

SECTION 219.   Sections 4, 10 to 16, inclusive, 19, 20, 192 to 194, inclusive, shall take effect on October 31, 2012.
 

 

Immigration-Fair Employment and Security

SECTION 220.   Section 92 shall apply to registrations issued or renewed on or after January 1, 2013.
 

 

Out-of-District Vocational Technical School Tuition Payments - Effective Date

SECTION 221.   Section 89 shall take effect on July 1, 2013.
 

 

Sexual Assault Nurse Examiner Program

SECTION 222.   Subsections (b) and (c) of section 191 are hereby repealed.
 

 

Sexual Assault Nurse Examiner Program

SECTION 223.   Section 222 shall take effect on June 30, 2013.
 

 

Delay Implementation of Head Injury Trust Fund Changes

SECTION 224.   Section 96 shall take effect on July 1, 2013.
 

 

MassHealth and Commonwealth Care Dental Services - Effective Date

SECTION 225.   Subsection (b) of section 183 shall take effect on January 1, 2013.
 

 

Co-Pay Assistance Sunset Date

SECTION 226.   Section 131 shall take effect on July 1, 2015.
 

 

Community College Workforce Grant Advisory Committee Effective Date

SECTION 227.   Section 170 shall take effect on January 1, 2013.
 

 

Effective date of DTA rent section

SECTION 228.   Section 173 shall take effect 6 months after the commission established in section 174 issues its report.
 

 

Effective Date

SECTION 229.   Except as otherwise specified, this act shall take effect on July 1, 2012.