This is not the official budget document.

Budget Summary FY2014

Outside Sections
Data Current as of:  9/11/2013



Outside Sections

Local Aid Distribution

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SECTION 3.    SECTION 3. Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2014 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 $920,230,293 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 2014 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 2014, the foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2013. The target local share shall be calculated using the same methodology used in fiscal year 2013. Preliminary local contribution shall be the municipality's fiscal year 2013 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 2014 shall be, for any municipality with a fiscal year 2014 preliminary contribution greater than its fiscal year 2014 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 2014, "prior year aid" shall be fiscal year 2013 state-appropriated chapter 70 aid. For fiscal year 2014, 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 2014, chapter 70 aid shall be: (i) for any district that: (A) 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 (B) has a combined effort yield as a percentage of foundation budget of not more than 140 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; (ii) for any district with a positive foundation aid increment not included in (i), the sum of the district's prior year aid plus the district's foundation aid increment; and (iii) for all other districts: the sum of foundation enrollment multiplied by 25 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. 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 7,374,594 1,703,202
ACTON 5,596,025 1,211,122
ACUSHNET 6,118,877 1,312,759
ADAMS 0 2,026,986
AGAWAM 18,633,593 3,189,659
ALFORD 0 12,150
AMESBURY 8,577,441 1,684,372
AMHERST 5,895,073 7,289,164
ANDOVER 8,465,632 1,547,083
AQUINNAH 0 2,023
ARLINGTON 10,048,980 6,568,591
ASHBURNHAM 0 688,398
ASHBY 0 379,110
ASHFIELD 93,413 160,738
ASHLAND 5,455,185 1,170,845
ATHOL 0 2,292,208
ATTLEBORO 34,079,799 4,939,363
AUBURN 8,141,597 1,482,780
AVON 902,873 600,091
AYER 0 655,442
BARNSTABLE 7,909,787 1,821,187
BARRE 12,894 778,683
BECKET 76,563 78,628
BEDFORD 3,907,693 993,887
BELCHERTOWN 13,419,341 1,473,168
BELLINGHAM 8,184,635 1,469,133
BELMONT 5,864,908 1,954,933
BERKLEY 3,856,463 526,801
BERLIN 433,030 174,559
BERNARDSTON 0 251,820
BEVERLY 7,033,951 5,056,137
BILLERICA 18,343,562 5,041,689
BLACKSTONE 84,251 1,185,081
BLANDFORD 42,726 109,937
BOLTON 0 170,943
BOSTON 209,406,563 164,035,210
BOURNE 4,825,238 1,269,209
BOXBOROUGH 1,320,503 218,400
BOXFORD 1,582,232 420,890
BOYLSTON 427,337 296,568
BRAINTREE 13,863,901 4,954,434
BREWSTER 918,344 341,860
BRIDGEWATER 36,107 3,153,457
BRIMFIELD 1,195,297 337,563
BROCKTON 157,922,872 18,128,531
BROOKFIELD 1,361,090 427,490
BROOKLINE 10,369,466 5,496,965
BUCKLAND 0 265,108
BURLINGTON 5,497,577 2,267,423
CAMBRIDGE 9,053,613 18,600,207
CANTON 4,751,687 1,856,687
CARLISLE 839,492 189,932
CARVER 9,688,439 1,264,820
CHARLEMONT 61,250 151,342
CHARLTON 21,633 1,254,367
CHATHAM 0 130,303
CHELMSFORD 10,218,568 4,394,475
CHELSEA 61,454,106 7,110,882
CHESHIRE 21,802 531,876
CHESTER 126,262 155,878
CHESTERFIELD 133,114 119,538
CHICOPEE 56,849,615 9,970,051
CHILMARK 0 3,247
CLARKSBURG 1,764,100 314,965
CLINTON 11,124,662 2,038,144
COHASSET 2,165,950 445,448
COLRAIN 0 249,882
CONCORD 2,125,997 1,004,433
CONWAY 602,704 154,737
CUMMINGTON 73,684 72,228
DALTON 272,926 985,076
DANVERS 6,079,019 2,465,962
DARTMOUTH 9,233,066 2,182,579
DEDHAM 4,078,925 2,831,321
DEERFIELD 1,050,593 415,850
DENNIS 0 471,527
DEVENS 308,558  
DIGHTON 0 669,478
DOUGLAS 8,493,140 631,841
DOVER 635,731 166,551
DRACUT 18,612,210 3,033,553
DUDLEY 9,262 1,546,948
DUNSTABLE 0 212,952
DUXBURY 4,629,609 767,461
EAST BRIDGEWATER 10,251,257 1,295,986
EAST BROOKFIELD 146,644 251,101
EAST LONGMEADOW 9,834,624 1,253,244
EASTHAM 329,806 128,992
EASTHAMPTON 7,687,117 2,433,607
EASTON 9,437,566 1,896,016
EDGARTOWN 448,818 57,673
EGREMONT 0 54,628
ERVING 425,470 58,193
ESSEX 0 211,982
EVERETT 55,042,003 5,981,587
FAIRHAVEN 7,338,560 1,952,387
FALL RIVER 100,236,570 20,632,671
FALMOUTH 5,077,571 1,200,342
FITCHBURG 44,309,506 7,388,737
FLORIDA 534,842 43,095
FOXBOROUGH 8,529,165 1,289,632
FRAMINGHAM 31,805,023 8,613,953
FRANKLIN 27,268,946 2,139,376
FREETOWN 378,328 822,145
GARDNER 18,961,405 3,668,914
GEORGETOWN 5,218,183 620,237
GILL 0 210,597
GLOUCESTER 5,981,325 3,457,947
GOSHEN 96,111 69,265
GOSNOLD 16,414 1,816
GRAFTON 10,493,940 1,353,759
GRANBY 4,516,215 764,473
GRANVILLE 0 138,814
GREAT BARRINGTON 0 657,081
GREENFIELD 11,932,187 2,748,778
GROTON 0 670,681
GROVELAND 0 630,240
HADLEY 879,856 392,951
HALIFAX 2,684,967 785,947
HAMILTON 0 581,705
HAMPDEN 0 595,679
HANCOCK 196,865 48,883
HANOVER 6,526,114 1,834,100
HANSON 40,015 1,108,736
HARDWICK 0 403,074
HARVARD 1,790,806 1,282,208
HARWICH 0 372,945
HATFIELD 776,846 270,155
HAVERHILL 44,126,723 8,509,496
HAWLEY 35,202 37,470
HEATH 0 72,441
HINGHAM 6,396,085 1,366,428
HINSDALE 104,683 192,779
HOLBROOK 4,881,728 1,277,508
HOLDEN 0 1,655,359
HOLLAND 902,423 174,754
HOLLISTON 7,091,025 1,340,785
HOLYOKE 69,621,603 8,793,214
HOPEDALE 5,887,320 564,575
HOPKINTON 5,789,203 680,140
HUBBARDSTON 0 390,012
HUDSON 10,495,018 1,726,518
HULL 3,681,846 1,834,874
HUNTINGTON 257,686 298,395
IPSWICH 2,834,285 1,389,820
KINGSTON 4,159,865 831,041
LAKEVILLE 73,946 708,424
LANCASTER 3,364 827,617
LANESBOROUGH 742,373 298,663
LAWRENCE 159,086,308 16,999,949
LEE 1,964,149 539,208
LEICESTER 9,493,437 1,503,310
LENOX 1,170,680 461,495
LEOMINSTER 43,232,362 4,955,255
LEVERETT 274,716 154,544
LEXINGTON 8,657,571 1,326,917
LEYDEN 0 71,287
LINCOLN 759,321 589,430
LITTLETON 3,731,913 615,448
LONGMEADOW 4,294,961 1,209,644
LOWELL 129,901,292 21,808,064
LUDLOW 13,282,703 2,644,943
LUNENBURG 5,354,696 915,592
LYNN 132,900,633 19,385,088
LYNNFIELD 3,941,766 900,466
MALDEN 46,962,532 10,862,478
MANCHESTER 0 192,545
MANSFIELD 18,175,039 1,931,279
MARBLEHEAD 5,288,792 985,938
MARION 459,899 195,360
MARLBOROUGH 18,678,851 4,713,148
MARSHFIELD 13,855,893 1,875,633
MASHPEE 4,316,511 318,548
MATTAPOISETT 587,658 350,913
MAYNARD 4,024,015 1,360,226
MEDFIELD 5,797,959 1,255,070
MEDFORD 11,173,603 10,502,207
MEDWAY 10,058,469 1,056,306
MELROSE 7,765,699 4,440,294
MENDON 12,050 353,821
MERRIMAC 0 728,482
METHUEN 40,240,901 4,707,570
MIDDLEBOROUGH 17,376,809 2,134,651
MIDDLEFIELD 18,050 46,028
MIDDLETON 1,531,951 473,733
MILFORD 19,457,577 2,644,539
MILLBURY 6,745,942 1,533,176
MILLIS 4,592,772 906,484
MILLVILLE 50,987 352,672
MILTON 5,869,609 2,782,004
MONROE 75,976 15,920
MONSON 7,342,725 1,130,214
MONTAGUE 0 1,240,842
MONTEREY 0 40,031
MONTGOMERY 21,042 75,139
MOUNT WASHINGTON 32,776 25,954
NAHANT 462,021 327,140
NANTUCKET 1,421,503 68,601
NATICK 8,312,752 3,299,298
NEEDHAM 7,901,802 1,511,453
NEW ASHFORD 179,597 17,586
NEW BEDFORD 120,056,679 19,917,179
NEW BRAINTREE 0 114,296
NEW MARLBOROUGH 0 50,706
NEW SALEM 0 89,832
NEWBURY 0 448,397
NEWBURYPORT 3,484,458 2,208,196
NEWTON 17,403,779 5,088,123
NORFOLK 3,291,530 830,305
NORTH ADAMS 13,517,943 3,841,196
NORTH ANDOVER 7,068,576 1,774,377
NORTH ATTLEBOROUGH 19,827,086 2,490,951
NORTH BROOKFIELD 4,171,238 689,906
NORTH READING 6,625,625 1,537,319
NORTHAMPTON 7,023,429 3,805,501
NORTHBOROUGH 3,668,085 965,772
NORTHBRIDGE 15,150,056 1,827,609
NORTHFIELD 0 312,818
NORTON 12,328,675 1,799,516
NORWELL 3,260,750 928,150
NORWOOD 5,372,189 4,027,272
OAK BLUFFS 639,201 62,968
OAKHAM 0 166,113
ORANGE 5,158,204 1,399,243
ORLEANS 250,272 148,722
OTIS 0 31,492
OXFORD 10,209,599 1,780,343
PALMER 10,626,130 1,736,381
PAXTON 0 468,520
PEABODY 19,059,168 6,249,937
PELHAM 220,506 137,820
PEMBROKE 13,013,732 1,455,424
PEPPERELL 0 1,292,246
PERU 73,500 98,881
PETERSHAM 422,883 99,260
PHILLIPSTON 0 159,709
PITTSFIELD 39,290,438 7,475,431
PLAINFIELD 51,024 43,437
PLAINVILLE 2,788,256 656,855
PLYMOUTH 23,291,788 3,392,638
PLYMPTON 652,019 205,407
PRINCETON 0 256,351
PROVINCETOWN 265,966 119,761
QUINCY 24,789,394 16,532,568
RANDOLPH 14,424,784 4,500,395
RAYNHAM 0 984,542
READING 10,011,427 2,806,899
REHOBOTH 34,157 902,536
REVERE 48,007,444 8,906,470
RICHMOND 340,519 93,672
ROCHESTER 1,738,272 367,733
ROCKLAND 10,386,793 2,288,865
ROCKPORT 1,324,168 378,858
ROWE 100,747 3,411
ROWLEY 0 467,570
ROYALSTON 0 155,657
RUSSELL 168,465 213,838
RUTLAND 0 800,936
SALEM 20,879,459 5,972,679
SALISBURY 0 547,065
SANDISFIELD 0 30,003
SANDWICH 6,588,268 975,875
SAUGUS 4,883,463 3,176,467
SAVOY 503,704 100,320
SCITUATE 5,034,826 1,741,761
SEEKONK 4,787,530 1,065,437
SHARON 6,780,652 1,212,028
SHEFFIELD 13,886 210,933
SHELBURNE 4,663 226,425
SHERBORN 525,258 187,543
SHIRLEY 0 1,135,967
SHREWSBURY 18,897,238 2,411,871
SHUTESBURY 588,274 146,827
SOMERSET 5,109,544 1,327,968
SOMERVILLE 19,448,713 21,815,292
SOUTH HADLEY 7,676,404 2,261,280
SOUTHAMPTON 2,456,276 551,690
SOUTHBOROUGH 2,744,686 378,693
SOUTHBRIDGE 18,620,962 3,046,010
SOUTHWICK 0 1,092,155
SPENCER 17,006 1,958,332
SPRINGFIELD 295,812,794 32,777,293
STERLING 0 600,258
STOCKBRIDGE 0 86,306
STONEHAM 3,585,918 3,217,831
STOUGHTON 14,304,924 2,772,599
STOW 0 364,487
STURBRIDGE 2,865,678 670,795
SUDBURY 4,397,070 1,212,003
SUNDERLAND 836,963 437,622
SUTTON 5,201,455 675,876
SWAMPSCOTT 2,940,442 1,120,722
SWANSEA 6,098,206 1,626,184
TAUNTON 47,822,170 7,282,284
TEMPLETON 0 1,207,362
TEWKSBURY 12,566,614 2,409,797
TISBURY 404,664 84,900
TOLLAND 0 16,003
TOPSFIELD 1,062,714 531,066
TOWNSEND 0 1,137,900
TRURO 258,486 26,048
TYNGSBOROUGH 7,080,574 836,738
TYRINGHAM 35,721 10,993
UPTON 19,248 460,970
UXBRIDGE 9,074,414 1,191,344
WAKEFIELD 5,111,980 2,916,857
WALES 734,009 204,505
WALPOLE 7,446,256 2,206,646
WALTHAM 8,308,686 8,314,358
WARE 8,674,320 1,494,798
WAREHAM 12,416,757 1,713,054
WARREN 0 783,346
WARWICK 0 110,115
WASHINGTON 0 81,778
WATERTOWN 3,928,626 5,775,246
WAYLAND 3,316,668 782,645
WEBSTER 10,320,876 2,143,737
WELLESLEY 7,526,408 1,121,617
WELLFLEET 154,808 50,608
WENDELL 0 150,893
WENHAM 0 370,872
WEST BOYLSTON 2,864,560 689,851
WEST BRIDGEWATER 2,817,296 566,184
WEST BROOKFIELD 201,348 421,713
WEST NEWBURY 0 256,546
WEST SPRINGFIELD 20,717,957 3,103,080
WEST STOCKBRIDGE 0 84,184
WEST TISBURY 0 160,822
WESTBOROUGH 4,736,300 1,003,334
WESTFIELD 33,072,499 5,450,602
WESTFORD 16,189,875 1,840,033
WESTHAMPTON 450,895 125,464
WESTMINSTER 0 566,791
WESTON 2,571,779 323,870
WESTPORT 4,262,947 1,053,380
WESTWOOD 4,528,863 631,666
WEYMOUTH 27,200,610 7,549,641
WHATELY 247,640 116,195
WHITMAN 121,212 2,096,572
WILBRAHAM 0 1,267,170
WILLIAMSBURG 509,920 262,131
WILLIAMSTOWN 919,376 826,641
WILMINGTON 10,743,101 2,152,952
WINCHENDON 11,215,085 1,456,620
WINCHESTER 7,464,498 1,281,052
WINDSOR 47,361 89,913
WINTHROP 6,026,962 3,650,071
WOBURN 7,323,850 5,183,481
WORCESTER 219,897,733 35,980,899
WORTHINGTON 49,000 108,756
WRENTHAM 3,606,873 807,227
YARMOUTH 0 1,093,176
Total Municipal Aid 3,640,119,598 920,230,293
 
Regional School District 7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ACTON BOXBOROUGH 7,198,422  
ADAMS CHESHIRE 10,085,868  
AMHERST PELHAM 9,272,992  
ASHBURNHAM WESTMINSTER 10,083,104  
ASSABET VALLEY 3,773,901  
ATHOL ROYALSTON 17,086,740  
AYER SHIRLEY 7,959,611  
BERKSHIRE HILLS 2,726,838  
BERLIN BOYLSTON 1,036,398  
BLACKSTONE MILLVILLE 10,637,619  
BLACKSTONE VALLEY 8,026,419  
BLUE HILLS 3,973,984  
BRIDGEWATER RAYNHAM 20,403,671  
BRISTOL COUNTY 2,973,677  
BRISTOL PLYMOUTH 10,562,802  
CAPE COD 2,063,837  
CENTRAL BERKSHIRE 8,454,734  
CHESTERFIELD GOSHEN 727,230  
CONCORD CARLISLE 1,867,899  
DENNIS YARMOUTH 6,631,289  
DIGHTON REHOBOTH 12,390,171  
DOVER SHERBORN 1,438,730  
DUDLEY CHARLTON 23,744,648  
ESSEX AGRICULTURAL 4,034,151  
FARMINGTON RIVER 400,995  
FRANKLIN COUNTY 3,416,933  
FREETOWN LAKEVILLE 10,552,138  
FRONTIER 2,744,045  
GATEWAY 5,625,873  
GILL MONTAGUE 6,037,994  
GREATER FALL RIVER 14,796,048  
GREATER LAWRENCE 20,246,833  
GREATER LOWELL 23,630,877  
GREATER NEW BEDFORD 24,084,676  
GROTON DUNSTABLE 10,449,473  
HAMILTON WENHAM 3,370,416  
HAMPDEN WILBRAHAM 11,323,964  
HAMPSHIRE 3,133,233  
HAWLEMONT 609,827  
KING PHILIP 7,169,225  
LINCOLN SUDBURY 2,686,012  
MANCHESTER ESSEX 2,776,693  
MARTHAS VINEYARD 2,738,625  
MASCONOMET 4,823,099  
MENDON UPTON 12,014,831  
MINUTEMAN 2,155,902  
MOHAWK TRAIL 5,874,244  
MONOMOY 2,506,360  
MONTACHUSETT 13,764,000  
MOUNT GREYLOCK 1,680,908  
NARRAGANSETT 9,698,544  
NASHOBA 6,411,680  
NASHOBA VALLEY 3,583,553  
NAUSET 3,289,004  
NEW SALEM WENDELL 629,007  
NORFOLK COUNTY 1,109,763  
NORTH MIDDLESEX 19,751,668  
NORTH SHORE 1,633,572  
NORTHAMPTON SMITH 893,210  
NORTHBORO SOUTHBORO 2,876,914  
NORTHEAST METROPOLITAN 8,564,871  
NORTHERN BERKSHIRE 4,617,441  
OLD COLONY 3,191,479  
OLD ROCHESTER 2,238,124  
PATHFINDER 5,362,160  
PENTUCKET 12,703,677  
PIONEER 4,028,736  
QUABBIN 16,229,913  
QUABOAG 8,479,786  
RALPH C MAHAR 5,304,190  
SHAWSHEEN VALLEY 6,206,186  
SILVER LAKE 7,571,135  
SOMERSET BERKLEY 3,795,643  
SOUTH MIDDLESEX 3,686,821  
SOUTH SHORE 3,851,923  
SOUTHEASTERN 13,322,803  
SOUTHERN BERKSHIRE 1,850,096  
SOUTHERN WORCESTER 9,728,490  
SOUTHFIELD 51,667  
SOUTHWICK TOLLAND GRANVILLE 9,546,823  
SPENCER EAST BROOKFIELD 13,363,889  
TANTASQUA 7,602,665  
TRI COUNTY 5,529,518  
TRITON 8,295,596  
UPISLAND 804,072  
UPPER CAPE COD 2,891,885  
WACHUSETT 24,731,804  
WHITMAN HANSON 24,018,810  
WHITTIER 7,879,915  
Total Regional Aid 661,094,992  
Total Municipal and Regional Aid 4,301,214,590 920,230,293

 

MBTA Retirement Board

SECTION 4.   Section 7 of chapter 4 of the General Laws is hereby amended by inserting after the word "purpose", in line 137, as appearing in the 2010 Official Edition, the following words:- , or any person, corporation, association, partnership or other legal entity which receives or expends public funds for the payment or administration of pensions for any current or former employees of the commonwealth or any political subdivision as defined in section 1 of chapter 32.
 

 

Art Commission

SECTION 5.   Section 19 of chapter 6 of the General Laws is hereby repealed.
 

 

Art Commission

SECTION 6.   Said chapter 6 is hereby further amended by striking out section 20, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 20. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Historical artifact", an object commemorating, representing or having specific ties to a significant historical event or era in the history of the commonwealth; provided, however, that "historical artifact" shall not include flags under the care of the superintendent of the state house under section 17A of chapter 8.

"Work of art", (i) a portrait or other memorial procured under section 19 or 19A of chapter 8; and (ii) a painting, portrait, mural decoration, stained glass, statue, bas-relief, ornament, fountain or other article or structure of a permanent character intended for decoration or commemoration.

(b) There shall be an art commission for the state house consisting of 7 members, 3 of whom shall be appointed by the governor, 2 of whom shall be appointed by the senate president and 2 of whom shall be appointed by the speaker of the house of representatives. All of the members shall be residents of the commonwealth qualified by training and experience in public art, museum collections or historic preservation. Commission members shall serve for 5-year terms without compensation, but shall be reimbursed for travel and other expenses necessary for the performance of their duties, as approved by the superintendent of the state house and paid for from the State House Special Event Fund, established in section 35P of chapter 10. The commission may adopt its own rules and elect officers from its own members as may be considered proper.

(c) The governor shall appoint a state house curator from among candidates recommended by the commission. The curator shall be qualified by training and experience in historic preservation and art collections management, care and conservation. The curator shall report to the superintendent of the state house and the commission and shall be responsible for the curatorial, registrarial and administrative duties associated with both the day-to-day oversight of the state house art and artifact collection and the historic preservation of the state house.

(d) The commission shall have the custody and care of all works of art and historical artifacts in the state house art collection, including those inside the state house, on its grounds, on display and in storage. The commission shall oversee the care of such works of art and historical artifacts according to the codes of ethics and standards for practice established by the American Alliance of Museums and the American Institute for Conservation of Historic and Artistic Works.

The commission shall oversee the handling and display of works of art and historical artifacts in public areas and private offices; provided, however, that the commission shall not place in or remove from any space in the state house assigned to the general court any such works of art or historical artifacts without the approval of the committees on rules of the 2 branches, acting concurrently.

(e) The commission shall serve as an advisor to the governor and general court on all artistic matters at the state house, including the historic preservation of the building.

(f) The commission shall direct the process of acquisitions to the state house art collection, from review of all plans to the final approval of completed art works. The art commission shall be advised of any proposal relative to the permanent addition of works of art or historical artifacts to the state house art collection and shall submit its opinion regarding the appropriateness of proposed art work to the governor prior to the approval required under section 21 of chapter 8.

(g) The commission shall review and approve any plan or design relative to the creation, acquisition, construction, erection or remodeling of any work of art in the state house. The commission may consult with sponsors and donors to revise and refine the plans and designs. The commission shall give its final approval upon the arrival of the work of art to the state house. The commission shall file with the governor, within 30 days after submission of a plan or design, its opinion of the proposed work of art together with any suggestions and recommendations as it may consider proper.

(h) The commission may receive grants, gifts, bequests and other contributions for maintenance, restoration and acquisition of works of art and historical artifacts. The funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a special trust account and may be expended, without further appropriation, under the direction of the superintendent and the commission. The special trust account shall be subject to audit by the state auditor under section 12 of chapter 11.
 

 

Sex Offender Registry

SECTION 7.   Section 178D of said chapter 6, as so appearing, is hereby amended by striking out, in lines 31 and 32, the words:- or level 2.
 

 

Sex Offender Registry

SECTION 8.   Section 178F1/2 of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following 3 sentences:- An incarcerated sex offender finally classified by the board as a level 2 or level 3 sex offender who is required to register under sections 178C to 178P, inclusive, shall appear in person within 2 days of release from the custody of an agency, including the department of correction, the department of youth services or any of the houses of correction, at the local police department in the city or town in which the sex offender lives or, if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth in which the sex offender has a secondary address, works or attends an institution of higher learning, to register. The sex offender shall be informed by, and shall acknowledge in writing to, the agency that has custody of the sex offender of the offender's duty to appear in person at a local police department within 2 days of release from custody. A sex offender who is finally classified by the board as a level 2 or level 3 sex offender and who is required to register under said sections 178C to 178P, inclusive, shall appear in person annually at the local police department in the city or town in which the sex offender lives or, if the sex offender does not reside in the commonwealth, in the city or town in the commonwealth in which the sex offender has a secondary address, works or attends an institution of higher learning, to verify that the registration data on file remains true and accurate.
 

 

Sex Offender Registry

SECTION 9.   Section 178K of said chapter 6, as so appearing, is hereby amended by striking out, in line 126, the figure "178I" and inserting in place thereof the following words:- 178D, 178I.
 

 

Sex Offender Registry

SECTION 10.   Said section 178K of said chapter 6, as so appearing, is hereby further amended by adding the following 2 subsections:-

(4) The sex offender registry board, in cooperation with the executive office of public safety and security, and with the consultation of the offices of the district attorneys, the department of probation, the department of children and families and the Massachusetts Chiefs of Police Association Incorporated, shall establish and maintain a system of procedures for the ongoing sharing of information that may be relevant to the board's determination or reevaluation of a sex offender's level designation among the board, the offices of the district attorneys and any department, agency or office of the commonwealth that reports, investigates or otherwise has access to potentially relevant information, including, but not limited to, the department of youth services, the department of children and families, the department of mental health, the department of developmental services, the department of correction, the department of probation, the department of early education and care, the department of public health and the office of the child advocate, .

The board shall promulgate any rules or regulations necessary to establish, update and maintain this system including, but not limited to, the frequency of updates, measures to ensure the comprehensiveness, clarity and effectiveness of information, and metrics to determine what information may be relevant. When sharing information through this system, all members shall have discretion to delay sharing information where it is reasonably believed that disclosure would compromise or impede an investigation or prosecution or would cause harm to a victim.

(5) The sex offender registry board shall have access to any information that is determined to be relevant to the board's determination or reevaluation of a sex offender's level designation, as defined in subsection (4), through the system of procedures established in said subsection (4).
 

 

Sex Offender Registry

SECTION 11.   Section 178L of said chapter 6, as so appearing, is hereby amended by adding the following subsection:-

(3) The board may, on its own initiative or upon written request by a police department or district attorney, seek to reclassify any registered and finally classified sex offender in the event that new information, which is relevant to a determination of a risk of re-offense or degree of dangerousness, is received. The board shall promulgate regulations defining such new information and establishing the procedures relative to a reclassification hearing held for this purpose; provided that (i) the hearing is conducted according to the standard rules of adjudicatory procedure or other rules which the board may promulgate, (ii) the hearing is conducted in a reasonable time, and (iii) the sex offender is provided prompt notice of the hearing, which includes: the new information that led the board to seek reclassification of the offender, the offender's right to challenge the reclassification, the offender's right to submit to the board documentary evidence relative to his risk of reoffense and the degree of dangerousness posed to the public, the offender's right to retain counsel for the hearing, and the offender's right to have counsel appointed if the offender is indigent, as determined by the board using the standards in chapter 211D. An indigent offender may also apply for and the board may grant payment of fees for an expert witness in any case in which the board intends to rely on the testimony or report of an expert witness prepared specifically for the purposes of the reclassification proceeding. The failure of the offender to attend the hearing may result in a waiver of the offender's rights and the board's recommended reclassification becoming final.

All offenders who are juveniles at the time of notification shall be represented by counsel at the hearing and notification shall also be mailed to the sex offender's legal guardian or agency having custody of the juvenile in the absence of a legal guardian and the offender's most recent attorney of record.
 

 

Sex Offender Registry

SECTION 12.   Section 178M of said chapter 6, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- An offender may seek judicial review, in accordance with section 14 of chapter 30A, of the board's final classification, reclassification and registration requirements.
 

 

Sex Offender Registry

SECTION 13.   Section 178P of said chapter 6, as so appearing, is hereby amended by adding the following paragraph:-

Whenever a police officer, district attorney or agent, employee or representative of the executive office of health and human services has information that may be relevant to the assessment of a sex offender's risk to reoffend or degree of dangerousness, the police department, district attorney or executive health and human services agent, employee or representative shall forward to the board the information upon which the reasonable suspicion is based; provided, however, that a police department or district attorney shall not forward information to the board that the police department or district attorney believes will compromise an ongoing investigation.
 

 

Office for Refugees and Immigrants Trust

SECTION 14.   Said chapter 6 is hereby further amended by inserting after section 208 the following section:-

Section 208A. There shall be an Office for Refugees and Immigrants Trust Fund to be administered by the director of the office for refugees and immigrants. The director shall appoint the trustee of the fund, who shall serve until a successor is appointed. There shall be credited to the trust grants, bequests, gifts or contributions of cash or securities and contributions of services or property in kind from persons or other governmental, nongovernmental, quasi-governmental or local governmental entities made for the purpose of supporting the office for refugees and immigrants. Expenditures from the fund shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the fund shall be made only for the following purposes: (i) operating costs of the office for refugees and immigrants, including the divisions and programs within the office; (ii) costs related to carrying out the powers of the office under section 207; and (iii) costs associated with refugee and immigrant-related programs, grants and initiatives of the director. For the purpose of accommodating timing discrepancies between the receipt by the fund of revenues and related expenditures, the fund may incur expenses and the comptroller may certify payments from the fund in anticipation of fund receipts based on estimated receipts as certified by the trustee. The trustee shall ensure that no expenditures from the fund shall cause the fund to be in deficiency at the close of a fiscal year.
 

 

Housing and Economic Development Trust Sunset

SECTION 15.   Chapter 6A of the General Laws is hereby amended by inserting after section 16H the following section:-

Section 16I. (a) There shall be a Housing and Economic Development Trust Fund to be administered by the secretary of housing and economic development. Monies in the fund shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with the safety of the fund and with the requirement that all amounts on deposit be available for immediate use.

(b) The secretary shall appoint the trustee of the fund, who shall serve until a successor is appointed.

(c) There shall be credited to the fund: (i) grants, bequests, gifts or contributions of cash or securities, or contributions of services or property in kind from any persons or other governmental, nongovernmental, quasi-governmental or local governmental entities made for the purpose of supporting the executive office of housing and economic development as set forth in subsection (d); and (ii) all interest earned on monies in the trust.

(d) Expenditures from the fund shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the fund shall be made only for the following purposes: (i) operating costs of the executive office of housing and community development, including the divisions and programs within the executive office; (ii) operating costs of the Massachusetts marketing partnership and the offices within the partnership, including the Massachusetts international trade office, the commonwealth marketing office, the office of travel and tourism, the Massachusetts film office and the Massachusetts sports partnership; and the Massachusetts office of business development, including the divisions and programs within that office; and (iii) costs associated with housing and economic development programs, grants and initiatives of the secretary.

(e) Funds deposited and expended from the fund shall not be assessed any indirect costs.

(f) For the purpose of accommodating timing discrepancies between the receipt by the fund of revenues and related expenditures, the fund may incur expenses and the comptroller may certify payments from the fund in anticipation of fund receipts based on estimated receipts as certified by the trustee. The trustee shall insure that no expenditures from the fund shall cause the fund to be in deficiency at the close of a fiscal year.
 

 

Health Disparities Council

SECTION 16.   Said chapter 6Ais hereby further amended by striking out section 16O, as amended by section 13 of chapter 224 of the acts of 2012, and inserting in place thereof the following section:-

Section 16O. (a) There shall be a health disparities council located within, but not subject to the control of, the executive office of health and human services. The council shall make recommendations to reduce and eliminate disparities in access to quality health care and health outcomes based on racial, ethnic and disability status. This shall include disparities related to breast, cervical, prostate and colorectal cancers, strokes and heart attacks, heart disease, diabetes, infant mortality, lupus, HIV/AIDS, disability status, asthma and other respiratory illnesses. The council shall make recommendations for ways to address subpopulations with the highest levels of disparity in health care access and outcomes. The council may consider education, environment, housing, employment and other relevant determinants contributing to these disparities.

          The council shall make recommendations for development and implementation of quality metrics to be used to better understand the causes of health disparities and strategies for addressing these disparities. The council shall make recommendations to increase diversity in the health care workforce, including doctors, nurses and physician assistants, so that it includes more people from racial, ethnic and disability populations.

(b) The council shall consist of the following: 3 members of the house of representatives, 1 of whom shall be designated as co-chair by the speaker of the house of representatives; 3 members of the senate, 1 of whom shall be designated as co-chair by the senate president; the secretary of health and human services or a designee, who shall serve ex officio; the commissioner of public health or a designee, who shall serve ex officio; the director of multicultural health in the department of public health or a designee, who shall serve ex officio; the director of Medicaid or a designee, who shall serve ex officio; the commissioner of the Massachusetts rehabilitation commission or a designee, who shall serve ex officio; the commissioner of developmental services or a designee, who shall serve ex officio; the commissioner of the Massachusetts commission for the blind or a designee, who shall serve ex officio; the commissioner of the Massachusetts commission for the deaf and hard of hearing or a designee, who shall serve ex officio; the attorney general or a designee, who shall serve ex officio; 8 persons from communities disproportionately affected by health disparities, 4 of whom shall be appointed by the speaker of the house of representatives and 4 of whom shall be appointed by the senate president; and 20 persons who shall be appointed by the co-chairs, 1 from each list of nominees submitted by each of the following organizations: the American Cancer Society, Massachusetts Division, Inc.; the American Heart Association, Massachusetts Affiliate, Inc.; the Massachusetts General Hospital; Brigham and Women's/Faulkner Hospitals, Inc.; the Dana Farber Cancer Institute, Inc.; the Massachusetts League of Community Health Centers, Inc.; the Massachusetts Medical Society; the Massachusetts Hospital Association, Inc.; the Boston public health commission, established in chapter 147 of the acts of 1995; the health department of the city of Springfield; the health department of the city of Worcester; the Massachusetts School Nurse Organization, Inc.; the Massachusetts Association of Public Health Nurses, Inc.; the Massachusetts Association of Health Plans, Inc.; Blue Cross Blue Shield of Massachusetts, Inc.; the Program to Eliminate Health Disparities at the Harvard School of Public Health; the Boston Medical Center Corporation; Massachusetts Advocates for Children, Inc.; the Disability Policy Consortium Inc.; and the Massachusetts Public Health Association. The representatives of nongovernmental organizations shall serve staggered 3-year terms. Vacancies of unexpired terms shall be filled within 60 days by the appropriate appointing authority.

(c) The council shall meet at least bimonthly, at other times as determined by its rules and when requested either by both co-chairs or by 1 co-chair and any 9 members. Council members with disabilities shall be provided reasonable accommodations based on identified needs.

(d) The council shall submit a report annually by July 1 to the governor, the health care cost and quality council and the general court, by filing the report with the clerks of the senate and house of representatives, the joint committee on health care financing and the joint committee on public health. The report shall include: (i) data on disparities in health care access and health outcomes; (ii) data on diversity in the health care workforce; (iii) recommendations for designing, implementing and improving programs and services; (iv) proposals for statutory and regulatory changes to reduce and eliminate disparities in access to quality health care services and health outcomes; and (v) recommendations for improving diversity and cultural competency in the health care workforce.
 

 

EOHHS Bureau of Program Integrity

SECTION 17.   Said chapter 6A is hereby further amended by inserting after section 16U the following section:-

Section 16V. (a) There shall be within the executive office of health and human services, but not subject to the control of the office, a bureau of program integrity. The inspector general shall appoint a director of the bureau, who shall serve as an assistant inspector general, under the supervision of the inspector general, and shall serve for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of this office.

(b) The director may appoint such persons as are necessary to perform the functions of the bureau; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding any such appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical and other assistants as the work of the bureau may require. Employees shall devote their full-time and attention to their duties while employed with the bureau and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A.

(c) The bureau shall monitor the quality, efficiency and integrity of programs administered by the executive office of health and human services. The bureau shall seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds for benefit programs including, but not limited to, MassHealth, transitional aid to families with dependent children, emergency assistance to elders, disabled and children, the supplemental nutrition assistance program and other assistance benefits distributed via electronic benefit cards.

(d) In addition to the responsibilities set forth in subsection (c), the bureau shall: (i) review current eligibility intake and determination procedures for public benefit programs administered by the office of health and human services; (ii) assist in the development of any new intake procedures and regulations for eligibility determination; (iii) monitor whether eligibility regulations are being followed by the administering agency; (iv) assist with the coordination with other state agencies to transmit and collect data on beneficiaries; (v) coordinate with the program integrity division under the department of transitional assistance; (vi) provide training to employees serving under the office of health and human services on methods of intake procedures and beneficiary determination; and (vii) automate reporting of indicators of potential fraud cases.

(e) The bureau shall coordinate and consult with the executive office of health and human services on the efforts to verify eligibility for recipients of benefit programs through the sharing of information with other agencies and departments, including but not limited to, the department of revenue, the department of elementary and secondary education, the department of unemployment assistance, the department of industrial accidents, the registry of motor vehicles, the department of criminal justice information services and the department of correction.

(f) The director may report and refer instances of fraud, waste or abuse of public benefits to the inspector general for investigation pursuant to section 8 of chapter 12A and the results of such investigation may be referred to the attorney general or state auditor for appropriate action.
 

 

Criminal Justice Commission

SECTION 18.   Said chapter 6A is hereby further amended by inserting after section 18L the following section:-

Section 18M. (a) There shall be a standing commission to study the commonwealth's criminal justice system which shall include: 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; the secretary of public safety and security, who shall serve as chair; the attorney general or a designee; the chief justice of the supreme judicial court or a designee; the president of the Massachusetts Sheriffs Association, Inc. or a designee; the president of the Massachusetts District Attorneys Association or a designee; the chief counsel of the committee for public counsel services or a designee; a representative from the Massachusetts Bar Association; a representative from the Boston Bar Association; a representative from the Massachusetts Association of Criminal Defense Lawyers, Inc.; and 3 persons to be appointed by the governor, 1 of whom shall have experience in mental health and substance abuse and addiction treatment, 1 of whom shall have experience in providing services or supervision for offenders and 1 of whom shall have experience in juvenile justice.

(b) In reviewing the commonwealth's criminal justice system, the commission shall examine a variety of areas including, but not limited to: the prisoner classification systems; mandatory minimum sentences and sentencing guidelines, including the authority of the sentencing commission to revisit such sentences and guidelines; the provision of cost-effective healthcare in corrections settings; the probation and parole systems, with particular emphasis on their relative roles in pretrial diversion and post-release supervision; the operations of the offices of the sheriffs; conditions of confinement, including overcrowding in state prisons and houses of correction and the provision of health care and mental health and substance abuse treatment; recidivism rates; the treatment of juveniles within the criminal justice system; the impact of mental health and substance abuse issues; and best practices for reintegrating prisoners into the community, including an investigation of expanded community supervision.

(c) Where feasible, the chair of the commission shall apply for technical assistance from nationally-recognized criminal justice reform programs with a data-driven approach in order to develop legislation that would reduce corrections spending and utilize the savings to reduce crime, strengthen public safety and fund other budget priorities; provided, however, that the commission shall give priority in applying to those programs in which technical assistance comes at no cost to the commonwealth.

(d) The commission shall have access to information related to both adults and juveniles including, but not limited to, crime, arrest, conviction, jail, prison, probation and parole supervision data provided by state and local agencies; provided, however that any information sharing shall be in compliance with chapter 66A and shall be provided in a manner that meets all applicable federal and state privacy and security requirements. As necessary, the commission shall: (i) meet with affected stakeholders; (ii) partner with nongovernmental organizations that have expertise that can benefit the commission; and (iii) create advisory subgroups that include affected stakeholders as necessary.

(e) The commission shall issue annual reports not later than March 31 on its activities. The report shall include recommendations for legislation to reduce recidivism, improve overall public safety outcomes, provide alternatives for defendants with drug-addictions or mental illness, increase communication and cooperation among public safety entities, reduce overcrowding of facilities, increase reliance upon evidence-based criminal justice methods, improve the collection and reporting of data on adults and juveniles in the corrections system, contain correction costs and otherwise increase efficiencies within the commonwealth's public safety entities. The report shall also list methods used by the department of correction and sheriffs to measure recidivism rates for persons released from the state prison or a house of correction, including after the expiration of a sentence or if approved for parole. The report shall also include a uniform standard for comparing recidivism rates among the department of correction and the houses of correction. The data shall include, where available, a comparison to prior calendar years and any other information the commission deems relevant to measuring recidivism.
 

 

Hospital Merger Market Impact Review

SECTION 19.   SubsectionThe second paragraph of subsection (a) of section 13 of chapter 6D of the General Laws, insertedas appearing in section 15 of chapter 224 of the acts of 2012, is hereby amended by adding the following sentence:-The cost and market impact reviews by the commission, as provided for under section 11N of chapter 112, shall be completed within 150 days from the date that the provider or provider organization has submitted notice to the commission.
 

 

Hospital Merger Market Impact Review

SECTION 20.   Subsection (c) of section 13 of said chapter 6D of the General Laws as so appearing, is hereby amended by adding the following 3 sentences:- The commission may require that any provider, provider organization or payer submit documents and information in connection with a notice of material change or a cost and market impact review under this section. The commission shall keep confidential all nonpublic information and documents obtained under this section and shall not disclose the information or documents to any person without the consent of the provider or payer that produced the information or documents, except in a preliminary report or final report under this section if the commission believes that such disclosure should be made in the public interest after taking into account any privacy, trade secret or anti-competitive considerations. The confidential information and documents shall not be public records and shall be exempt from disclosure under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.
 

 

PERAC Governance Law Alteration

SECTION 21.   Section 49 of chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) There shall be within the executive office of administration and finance, but not subject to its control, a public employee retirement administration commission which shall consist of 9 members, 3including the governor or a designee; 2 persons to be appointed by the governor; 1 of whom shall be a represented of a public safety union and 1 of whom shall be qualified by training and experience in the investment of funds as a result of having been principally employed in such occupation for at least 10 years; the state auditor or a designee; 1 person to be appointed by the state auditor who shall be a representative of the Massachusetts Municipal Association; 1 person to be appointed by the speaker of the house of representativeswho shall be a representative of a county, city or town contributory retirement system with assets above $500,000,000 at the time of appointment; 1 person to be appointed, 1 of whom shall be appointed by the senate president who shall be a representative of a county, city or town contributory retirement system with assets above $500,000,000 at the time of appointment; the president of the Massachusetts AFL-CIO or a designee; and1person to be appointed by the first 8 members who shall be the chairperson. Each member of the commission shall serve for a term of 5 years; provided, however, that in making initial appointments, the governor and the state auditor shall each appoint 1 member for a term of 3 years and 1 member for a term of 4 years. The members shall serve without compensation but shall receive their necessary expenses incurred in the discharge of their official duties. Upon the expiration of the term of an appointed member, including the chairperson, or upon a vacancy otherwise created in those positions, the successor for that position shall be appointed in the manner aforesaid or for the remainder of said term, whichever is applicable. In the event the representative of a public safety union or the designee of the president of the Massachusetts AFL-CIO is a public employee, he or she shall be granted leave, without loss of pay or benefits and without being required to make up lost time, if on duty, for regularly scheduled work hours while in the performance of responsibilities of the commission. The public employee retirement administration commission shall select an executive director and enter into an employment contract with said director. The provisions of sections 9A, 45, 46, and 46C of chapter 30, chapter 31, and chapter 150E shall not apply to the executive director or any other employee of the commission.
 

 

Bureau of the State House: Oversight of Loading Dock Parking Area

SECTION 22.   Section 6A of chapter 8 of the General Laws, inserted by section 14 of chapter 139 of the acts of 2012, is hereby amended by striking out the figure "$1,000" and inserting in place thereof the following figure:- $5,000.
 

 

Bureau of the State House: Oversight of Loading Dock Parking Area

SECTION 23.   Section 9 of said chapter 8, as most recently amended by section 15 of said chapter 139, is hereby further amended by inserting after the first sentence the following sentence:- The superintendent shall also be responsible for oversight of the immediate state house loading dock spaces.
 

 

Bureau of the State House

SECTION 24.   Section 35P of chapter 10 of the General Laws is hereby amended by striking out the fifth sentence, as amended by section 20 of said chapter 139, and inserting in place thereof the following sentence:- All monies, grants, gifts, bequests or other contributions received by the superintendent under this section shall be 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 the 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 pursuant to section 14 of chapter 8.
 

 

Division of Professional Licensure Trust

SECTION 25.   Section 35V of chapter 10 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- The fund shall consist of 100 per cent of any fee increase collected on or after July 1, 2013.
 

 

Division of Professional Licensure Trust Fund 2

SECTION 26.   Said section 35V of said chapter 10, as so appearing, is hereby further amended by striking out the sixth sentence and inserting in place thereof the following sentence:- Moneys deposited into the trust fund that are unexpended at the end of the fiscal year, and that total not more than 50 per cent of the division's expenditures for the previous fiscal year, shall not revert to the General Fund.
 

 

Salisbury Beach Preservation Trust Fund Surcharge

SECTION 27.   Section 35PP of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in line 9, the figure '$2' and inserting in place thereof the following figure:- $3.
 

 

False Claims Technical Correction

SECTION 28.   Subsection (c) of section 5G of chapter 12 of the General Laws, as appearing in section 29 of chapter 139 of the acts of 2012, is hereby amended by inserting after the words "dismiss an action" the following words:- or claim.
 

 

EEC Background Checks: Address Check

SECTION 29.   The second paragraph of subsection (a) of section 7 of chapter 15D of the General Laws, added by section 1 of chapter 459 of the acts of 2012, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- As part of the department's licensure and background record check process, the department shall obtain from the sex offender registry board all available sex offender registry information associated with the address of the program, center or home andconduct fingerprint-based checks of the state and national criminal history databases pursuant to 42 U.S.C. section 16962 before issuing a license.
 

 

EEC Background Checks: Address Check

SECTION 30.   The second paragraph of subsection (b) of said section 7 of said chapter 15D, added by section 2 of said chapter 459, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- As part of the department's approval process, the department shall obtain from the sex offender registry board all available sex offender registry information associated with the address of the center, home or facility andconduct fingerprint-based checks of the national crime information databases pursuant to 42 U.S.C. section 16962 before issuing any approval.
 

 

EEC Background Checks: Address Check

SECTION 31.   Section 8 of said chapter 15D, as most recently amended by section 5 of said chapter 459, is hereby further amended by adding the following subsection:-

(k) The board shall adopt regulations establishing the conclusiveness of information obtained by the department in an address search of the sex offender registry for purposes of licensing, license renewal or approval of school-aged child care programs, child care centers, family child care homes, placement agencies or large family child care homes, family foster care that is not supervised and approved by a placement agency, group care facilities or temporary shelter facilities, including the conditions in which the address search of the sex offender registry shall be sufficient cause for the department to deny an application for a license, license renewal or approval.
 

 

Veterans Independence Plus Initiative Trust Fund

SECTION 32.   Chapter 19A of the General Laws is hereby amended by adding the following section:-

Section 41. There shall be established upon the books of the commonwealth a separate fund to be known as the Veterans Independence Plus Initiative Trust Fund. The secretary shall be the trustee of the fund and may expend monies in the fund, without further appropriation, for the administration of the Veterans Independence Plus Initiative, a joint initiative of the United States Department of Veterans Affairs and the Administration on Aging in the United States Department of Health and Human Services. Revenues collected by the department from this initiative shall be deposited in the fund. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts, provided that expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Any remaining balance in the fund at the end of a fiscal year shall not revert to the General Fund but shall remain in the fund and be available to the department during the following fiscal year for the purposes of this section. The secretary may expend from the fund for services provided in prior fiscal years.
 

 

Interagency Agreements between DDS and Medicaid or DMH

SECTION 33.   Chapter 19B of the General Laws is amended by striking out section 18, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 18. Subject to approval by the secretary of health and human services, the commissioner may enter into interagency agreements with the commissioner of mental health or the office of Medicaid for the coordinated regulation of or for the coordinated or joint management of certain services that are required or that shall be provided by the department of developmental services and the department of mental health or the office of Medicaid. Such an agreement may be entered into where it is determined by the commissioners of the departments and the director of Medicaid that the services require coordinated regulation to ensure development of substantially similar standards consistent with certain shared needs of persons with a mental illness and persons with an intellectual disability or persons enrolled in the commonwealth's money follows the person demonstration waiver or related waivers or that the services will be more efficiently and effectively provided by a single, unified management system than by 2 separate management systems. These services may include, without limitation, transportation, laundry, data processing, certain services to mixed populations of persons with a mental illness and persons with an intellectual disability with common needs for care and treatment or to persons who have been diagnosed as having both an intellectual disability and a mental illness, research activities, program monitoring and services provided to persons enrolled in the commonwealth's money follows the person demonstration waiver or related waivers. Coordinated regulation of these services may include, without limitation, issues such as restraint, charges for care, investigations and case management. Under these agreements, the department of developmental services may assume responsibility for the provision of these services to the department of mental health or the office of Medicaid. These agreements may delegate responsibility to the department of mental health to provide those services to the department of developmental services. These agreements may provide for the expenditure of appropriated funds consistent with the joint management service systems and may further provide for assignment of certain staff to the joint management service system. These agreements shall not conflict with the department of developmental services' primary responsibility for persons with an intellectual disability regardless of whether those persons also have a mental illness or are enrolled in the commonwealth's money follows the person demonstration waiver or related waivers.
 

 

Strategic Food Policy Plan

SECTION 34.   Subsection (d) of section 6C of chapter 20 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(4) The council may accept and expend funds for projects consistent with its purpose, including but not limited to, the development of a strategic food policy plan. Such funds shall be administered by the department of agricultural resources.
 

 

Non-Development Covenants

SECTION 35.   Section 22 of said chapter 20, as so appearing, is hereby amended by adding the following paragraph:-

Non-development covenants for terms of limited duration shall be exempt from any regulations that require an appraisal, an environmental site assessment and a survey. The department may require other expedited requirements appropriate for the duration of the non-development covenant.
 

 

RGGI Community Reimbursement

SECTION 36.   Subsection (c) of section 22 of chapter 21A of the General Lawsis hereby amended by striking out paragraph (1), as amended by section 33 of chapter 68 of the acts of 2011,)) and inserting in place thereof the following paragraph:-

(1) The department shall provide, by regulation, that all allowances issued under the program shall be offered for sale by auction. The proceeds recovered from the allowance auctions shall be deposited in the RGGI Auction Trust Fund established in section 35II of chapter 10. The proceeds shall be used without further appropriation for the following purposes only and shall be in a proportion to be determined by the department of energy resources with the approval of the secretary:

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

(ii) to reimburse a municipality in which the property tax receipts from an electric generating station, including, for the purposes of this clause, payments in lieu of taxes and other compensation specified in an agreement between a municipality and an affected property owner, are reduced due to a reduction in capacity factor, occurring after July 1, 2012, at a dual coal and oil fired facility of at least 50 per cent from the average capacity factor of the previous 10 years, if such action also reduces the commonwealth's greenhouse gas emissions from the electric generator sector under the goals established pursuant to chapter 21N; provided, however, that the amount of such reimbursement shall be determined by calculating the difference between the amount of the tax receipts, including payments in lieu of taxes or other compensation paid by the electric generating station in the current tax year and the amount of the tax receipts, including payments in lieu of taxes or other compensation paid by the electric generating station in the year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that no reimbursement shall be made if, in a tax year, the aggregate amount paid to a municipality by the owner of an electric generating station including, but not limited to, payments in lieu of taxes and other compensation, exceeds the aggregate amount paid to that municipality by that owner in the year prior to the full or partial decommissioning or other change in operating status of the facility; and provided further, that the amount of such reimbursement shall not exceed $3,000,000 in a calendar year;

(iii) to fund the green communities program established in section 10 of chapter 25A;

(iv) to provide zero interest loans to municipalities, which are not green communities pursuant tosaid section 10 of said chapter 25A for energy efficiency projects;

(v) to promote energy efficiency, conservation and demand response; and

(vi) to reimburse the commonwealth for costs associated with the administration of the cap and trade program.
 

 

Repeal DPS Civil Fines

SECTION 36A.   Section 21 of chapter 22 of the General Laws, inserted by section 35 of chapter 68 of the acts of 2011, is hereby repealed.
 

Veto Explanation:
I am vetoing this section because, with section 37, it limits the enforcement powers of the Department of Public Safety for the tramway industry alone, without any apparent justification.

 

Civil Fine Exemption for Tramway Industry

SECTION 37.   Said chapter 22 is hereby further amended by adding the following section:-

Section 22. (a) The commissioner may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $5,000 for a violation of the following laws or of any regulations adopted thereunder:

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

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

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

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

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

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

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

(8) sections 57 and 60 of chapter 147.

(b) The commissioner may issue a written notice of violation, which shall be a written warning or a citation to assess civil monetary fines of not more than $1,000 for a violation of sections 71K and 71N of chapter 143; provided, however, that a designee of the recreational tramway board may also issue a warning or citation under said sections 71K and 71N.

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

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

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

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

(g) The commissioner may assess a fee for appeals filed pursuant to this section, to be determined by the secretary of administration and finance pursuant to section 3B of chapter 7.
 

Veto Explanation:
I am vetoing this section because, with section 36A, it limits the enforcement powers of the Department of Public Safety for the tramway industry alone, without any apparent justification.

 

MassWorks Correction

SECTION 38.   Section 63 of chapter 23A of the General Laws, as appearing in section 11 of chapter 238 of the acts of 2012, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) There shall be established within the executive office of housing and economic development a MassWorks infrastructure programto issue public infrastructure grants to municipalities and other public instrumentalities for design, construction, building, land acquisition, rehabilitation, repair and other improvements to publicly-owned infrastructure including, but not limited to, sewers, utility extensions, streets, roads, curb-cuts, parking, water treatment systems, telecommunications systems, transit improvements and pedestrian and bicycle ways. The program shall also provide for commercial and residential transportation and infrastructure development, improvements and various capital investment projects under the growth districts initiative administered by the executive office of housing and economic development. The grants shall be used to assist municipalities in advancing projects that support job creation and expansion, housing development and rehabilitation, community development, and small town transportation projects authorized pursuant to subsection (e); provided, however, that preference shall be given to projects supporting smart growth initiatives that are consistent with sustainable development practices in the commonwealth. The program may also be used to match other public and private funding sources to build or rehabilitate transit-oriented housing located within 0.25 miles of a commuter rail station, subway station, ferry terminal or bus station, at least 25 per cent of which shall be affordable.
 

 

Employer Medical Assistance Contribution 1

SECTION 39.   Section 8A of chapter 23H of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words "Medical Security Trust Fund established in section 14G of chapter 151A" and inserting in place thereof the following words:- employer medical assistance contribution established in section 189 of chapter 149.
 

 

Balanced Budget Definition

SECTION 40.   Section 1 of chapter 29 of the General Laws, as appearing in section 112 of chapter 165 of the acts of 2012,is hereby amended by striking out the definition of "Balanced budget"and inserting in place thereof the following definition:-

"Balanced budget", an annual general appropriation act resulting in a consolidated net surplus that is not less than 0.
 

 

Employer Medical Assistance Contribution 2

SECTION 41.   Section 2OOO of said chapter 29, as so appearing, is hereby further amended by striking out the words "(a) all contributions collected under section 188 of chapter 149; (b) all revenue from surcharges imposed under section 18B of chapter 118G; (c) any transfers from the Health Safety Net Trust Fund established in section 36 of said chapter 118G" and inserting in place thereof the following words:- (a) employer medical assistance contributions under section 189 of chapter 149; (b) all revenue from surcharges imposed under section 18 of chapter 176Q; (c) any transfers from the Health Safety Net Trust Fund established in section 66 of chapter 118E.
 

 

Public Safety Training Fund and Environmental Police Trust Fund

SECTION 42.   Said chapter 29 is hereby further amended by inserting after section 2IIII the following section:-

Section 2JJJJ. There shall be established and set upon the books of the commonwealth a separate fund to be known as the Public Safety Training Fund. The fund shall be used for the instruction of public safety personnel including, but not limited to, the recruitment of additional state police classes and for the municipal police training committee, under section 116 of chapter 6, as necessary, to preserve and promote the public safety. The fund shall be credited with all revenues collected from the surcharge imposed by section 12 of chapter 89 and the seventh paragraph of section 20 of chapter 90. The fund shall not be subject to section 5C of chapter 29 and shall be subject to appropriation.
 

 

Postpone Statutory Carry-Forward

SECTION 43.   Said chapter 29 is hereby further amended by striking out section 5C, as appearing in section 112 of chapter 165 of the acts of 2012, and inserting in place thereof the following section:-

Section 5C. The comptroller shall annually, on or before October 31, certify to the secretary of administration and finance the amount of the consolidated net surplus in the budgetary funds at the close of the preceding fiscal year. Except as otherwise provided by law, the amounts so certified shall be transferred to the Commonwealth Stabilization Fund. This transfer shall be made from the undesignated fund balances in the budgetary funds proportionally from those undesignated fund balances; provided, however, that no such transfer shall cause a deficit in any of those funds. Before certifying the consolidated net surplus under this section, the comptroller shall, to the extent possible, eliminate deficits in any fund contributing to the surplus by transferring positive fund balances from any other fund contributing to the surplus.
 

 

Contracts for Road, Bridge, Water and Sewer Projects

SECTION 45.   Chapter 30 of the General Laws is hereby amended by inserting after section 38 the following section:-

Section 38A. Contracts for road, bridge, water and sewer projects awarded as a result of a proposal or invitation for bids under chapter 7C, section 11C of chapter 25A, section 39M of this chapter and sections 44A to 44H, inclusive, of chapter 149 shall include a price adjustment clause for each of the following materials: fuel, both diesel and gasoline; asphalt; concrete; and steel. A base price for each material shall be set by the awarding authority or agency and shall be included in the bid documents at the time the project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material. The price adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds plus or minus 5 per cent.
 

 

Uniform Procurement Act Threshold Increase

SECTION 46.   Section 3 of chapter 30B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 2, the words "five thousand dollars" and inserting in place thereof the following figure:- $10,000.
 

 

Uniform Procurement Act Threshold Increase

SECTION 47.   Section 4 of said chapter 30B, as so appearing, is hereby amended by striking out, in lines 3 and 14, the figure "$5,000" and inserting in place thereof, in each instance, the following figure:- $10,000.
 

 

Uniform Procurement Act Threshold Increase

SECTION 48.   Section 15 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 20, the figure "$5,000" and inserting in place thereof the following figure:- $10,000.
 

 

Uniform Procurement Act Threshold Increase

SECTION 49.   Section 17 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 1, the words "five thousand dollars" and inserting in place thereof the following figure:- $10,000.
 

 

Residential Mileage Limit for Collective Bargaining

SECTION 50.   Section 58 of chapter 31 of the General Laws is hereby amended by inserting after the word "town", in line 33, as so appearing, the following words:- ; provided, however, a city or town may increase the 10 mile residency limit under a collective bargaining agreement negotiated under chapter 150E.
 

 

Health Information Technology 1

SECTION 51.   Subsection (a) of section 6D of chapter 40J of the General Laws, as appearing in section 38 of chapter 224 of the acts of 2012, is hereby amended by adding the following sentence:- The corporation and the institute shall maintain responsibility for fulfilling the obligations under the Office of the National Coordinator for Health Information Technology Challenge Grant Program and the Health Information Exchange Cooperative Agreement Program.
 

 

Health Information Technology 2

SECTION 52.   Subsection (d) of said section 6D of said chapter 40J, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 2 sentences:- Before issuing requests for proposals relating to contracts to be entered into under this section, the institute's director shall consult with the council regarding the content of the requests for proposals. Nothing in this section shall be construed to provide the corporation or the institute any authority with respect to any contract relating to the development and implementation of the statewide health information exchange by the executive office of health and human services under section 2 of chapter 118I; provided, however, that the corporation shall maintain authority over contracts entered into by the corporation that the institute deems necessary: (i) to implement its responsibilities under the Office of the National Coordinator for Health Information Technology Challenge Grant Program and the Health Information Exchange Cooperative Agreement Program; or (ii) in conjunction with any grants or other funding authorized under subsection (e) or any loan arrangements authorized under section 6E 1/2.
 

 

Brownfields Tax Credit Extension 1

SECTION 53.   Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 273, as appearing in the 2010 Official Edition, the figure "2013" and inserting in place thereof the following figure:- 2018.
 

 

Brownfields Tax Credit Extension 2

SECTION 54.   Said section 6 of said chapter 62 is hereby further amended by striking out, in line 278, as so appearing, the figure "2014" and inserting in place thereof the following figure:- 2019.
 

 

Wholesaler Reporting 1

SECTION 55.   Subsection (k) of section 16 of chapter 62C of the General Laws, as so appearing, is hereby amended by adding the following 5 sentences:- In addition, each such person shall annually, on or before March 20, file an information return for the prior calendar year in such form and containing such information as the commissioner may, by rule or regulation, require including, but not limited to, the total monthly sales amount to each person to whom sales have been made, exclusive of deposits required by sections 321 to 327, inclusive, of chapter 94, and identifying information for such purchasers. If any person fails to file the information return required by this subsection, the person shall be liable for a penalty of $1,000 for each failure. The penalty shall be considered assessed upon the issuance by the commissioner of a notice to the taxpayer setting out the amount of the penalty and the period for which the information return was due. No other notice or demand for payment shall be required as a prerequisite to the imposition or collection of a penalty imposed under this subsection, and the penalty shall be collected in the same manner as a tax. A penalty imposed by the commissioner for a failure to file an information return under this subsection shall be subject to subsection (f) of section 33 relative to waiver of penalties.
 

 

Electronic Records

SECTION 56.   The first paragraph of section 24 of said chapter 62C, as so appearing, is hereby amended by adding the following sentence:- The taxpayer shall provide to the commissioner all accounting records and information in a searchable electronic format, as requested by the commissioner, to the extent that the taxpayer maintains such records in electronic format.
 

 

Pass-Through Entity Corrections

SECTION 57.   Said chapter 62C is hereby further amended by striking out section 24A, as so appearing, and inserting in place thereof the following section:-

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

(b) The commissioner shall establish by regulation unified audit procedures. The commissioner may audit, in a unified proceeding, a pass-through entity 1 or more of whose members or indirect owners are subject to tax under chapters 62 or 63; provided, however, that nothing in this section shall limit the ability of the commissioner to audit or assess individual members or indirect owners with respect to items derived from a pass-through entity or the ability of the commissioner to inspect books and records of a pass-through entity outside of a unified audit procedure. The determination of pass-through entity items shall be binding on all members and indirect owners participating in the unified audit procedure. For purposes of this section, "members and indirect owners participating in the unified audit procedure" shall mean all members and indirect owners of a pass-through entity subject to audit in a unified proceeding pursuant to this section, other than members and indirect owners that elect not to participate in the unified audit proceding under subsection (e). The regulations shall establish the types of pass-through entities subject to unified audit proceedings which may include, but shall not be limited to, partnerships and S corporations. The regulations shall also require the pass-through entity to designate a tax matters partner who may represent all the members and indirect owners participating in the unified proceeding. The authority of the tax matters partner in a unified audit procedure shall include, but not be limited to, the following on behalf of members and indirect owners participating in the unified audit procedure: (i) receiving tax notices; (ii) representing members and indirect owners during the unified audit proceding and in administrative appeals with the commissioner; (iii) entering into settlement agreements with the commissioner under section 37C with regard to pass-through entity items; and (iv) filing petitions with the appellate tax board and pursuing any subsequent judicial appeal with respect to a determination of pass-through entity items by the commissioner. So far as practicable, the commissioner's regulations shall be modeled on federal rules.

(c)(1) A unified audit procedure shall begin when the commissioner so notifies the tax matters partner. Except as otherwise provided, the commissioner shall begin a unified audit procedure and issue a notice of determination of pass-through entity items within 3 years after the later of the date on which the entity's return for the taxable year was either filed or required to be filed, taking extensions into account. The 3-year period shall be extended to the extent the statute of limitations for audit or assessment is extended under subsection (d). It shall be the responsibility of the tax matters partner to provide notice to members and indirect owners of the pendency of the unified audit procedure. Such notice shall be provided in the manner and to the extent required in the partnership or other agreement governing the pass-through entity and its members and indirect owners. The failure of the tax matters partner to provide notice shall not affect the validity of the unified audit procedure with respect to all members and indirect owners participating in the unified audit procedure. The determination of pass-through entity items after the commencement of a unified audit procedure shall be made exclusively under the unified audit process which, except as specified in this section, shall supersede the assessment and abatement process otherwise applicable under this chapter to members and indirect owners with respect to pass-through entity items. If, in the course of a unified audit procedure, it appears to the commissioner that the statement of pass-through entity items on the entity's return will result in a tax liability of members and indirect owners that is different from the correct amount, the commissioner shall give notice of proposed adjustments to the tax matters partner and other members specified in regulations issued by the commissioner. Within 30 days after the notice, the tax matters partner or other members specified in regulations issued by the commissioner may request a conference with regard to proposed adjustments of pass-through entity items. After unified audit administrative proceedings are concluded, the commissioner shall issue a notice of determination of pass-through entity items to the tax matters partner. The tax matters partner or other members specified in regulations issued by the commissioner may petition the appellate tax board for review of the determination of pass-through entity items within 60 days after the determination has been sent to the tax matters partner. The appellate tax board shall have jurisdiction to decide petitions under this section and its decision shall be a final decision of the board for the purpose of the right to a judicial appeal.

(2) If no petition is filed with the appellate tax board as provided in this subsection, the determination of pass-through entity items shall become a final determination the day after the last date on which the pass-through entity may appeal the determination of pass-through entity items. If a timely petition is filed with the appellate tax board, the determination of pass-through entity items shall become a final determination on the later of: (i) the date of the appellate tax board decision or subsequent final judicial decision; or (ii) the day after the date on which the right to any further appeal expires. After a final determination of pass-through entity items is made, the commissioner shall assess or abate members and indirect owners in accordance with the final determination. The commissioner shall not be required to issue a notice of intent to assess prior to assessment.

(d)(1) Except as provided in this subsection, the statute of limitations for the assessment of tax of a member or indirect owner with respect to a pass-through entity item or an item affected by a pass-through entity item for a taxable year to which pass-through entity items relate shall not expire before the later of: (i) the assessment period, including subsections (d) or (h) of section 26, applicable to the taxpayer member or indirect owner for tax periods to which pass-through entity items relate; or (ii) 1 year after the date the determination of pass-through entity items becomes a final determination under paragraph (2) of subsection (c).

(2) Subsections (d) and (h) of section 26 shall apply to returns filed by a pass-through entity. In such cases, the commissioner may conduct a unified audit of pass-through entity items and reach final determination of those items during such extended time periods as are consistent with those described in said subsections (d) and (h) of said section 26.

(3) The tax matters partner or other person authorized by a pass-through entity may enter into a written agreement with the commissioner following the procedures under section 27 to extend the statute of limitations for the conduct of a unified audit procedure and determination of pass-through entity items.

(4) A member or indirect owner participating in the unified audit procedure may, within 6 months after an assessment or abatement made after a final determination of pass-through entity items in accordance with paragraph (2) of subsection (d), challenge the computation of tax as it applies to that taxpayer by filing an application for abatement under section 37; provided, however, that the application shall be limited to computational matters on the member's or indirect owner's return attributable to pass-through entity items and shall not contest the underlying determination of the pass-through entity items.

(e) Members or indirect owners of a pass-through entity may elect not to participate in a unified audit procedure by providing notice to the commissioner in such time and manner as the commissioner may require. Members or indirect owners who elect not to participate in the unified audit procedure shall follow the procedures under section 26 for pre-assessment conferences and procedures under section 37 for abatement requests and appeals with respect to determining and disputing tax related to pass-through entity items; provided, however, that the statute of limitations for assessment of tax to members or indirect owners who have elected not to participate in the unified audit procedure with respect to pass-through entity items and affected items derived from a pass-through entity that is subject to a unified audit procedure shall not expire in any event sooner than the end of 1 year after the date the determination of pass-through entity items becomes a final determination under paragraph (2) of subsection (c).
 

 

DOR Administrative and Technical Provisions

SECTION 58.   Section 1 of chapter 62D of the General Laws is hereby amended by striking out, in lines 5, 42 and 43, as so appearing, the words "division of employment and training" and inserting in place thereof, in each instance, the following words:- department of unemployment assistance.
 

 

Department of Revenue Authority to Offset Refunds 2

SECTION 59.   Said section 1 of said chapter 62D is hereby further amended by inserting after the word "debtor", in line 20, as so appearing, the following words:- ; an amount owed to the department of unemployment assistance.
 

 

Department of Revenue Authority to Offset Refunds 3

SECTION 60.   Said section 1 of said chapter 62D is hereby further amended by inserting after the word "bankruptcy", in line 48, as so appearing, the following words:- ; any individual owing a debt certified by the comptroller.
 

 

Department of Revenue Authority to Offset Refunds 4

SECTION 61.   Said section 1 of said chapter 62D is hereby further amended by inserting after the definition of "Debtor" , as so appearing, the following definition:-

"Department", the department of revenue.
 

 

Department of Revenue Authority to Offset Refunds 5

SECTION 62.   Said section 1 of said chapter 62D is hereby further amended by striking out the definition of "Refund", as so appearing, and inserting in place thereof the following 2 definitions:-

"Person", an individual, vendor, contractor, partnership, society, association, joint stock company, limited liability company, corporation, estate, receiver, trustee, assignee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any combination of persons.

"Refund", an overpayment of a tax, including interest and penalties, that may be returned or credited to the taxpayer pursuant to section 30, 31A, 36, 36A, 37 or 39 of chapter 62C, section 27 or 27A of chapter 65, section 6 of chapter 65A or any other general or special law that authorizes such a return or credit; provided, however, the commissioner shall not offset any refunds under this chapter payable to an operator as defined in section 1 of chapter 64G, a vendor as defined in section 1 of chapter 64H or section 1 of chapter 64I or a direct broadcast satellite service provider as defined in section 1 of chapter 64M to the extent that the person is obligated under those chapters to repay the purchaser the amount for which the application for refund is made.
 

 

Department of Revenue Authority to Offset Refunds 6

SECTION 63.   Section 13 of said chapter 62D is hereby amended by striking out, in lines 6 and 7, as so appearing, the words "division of employment and training" and inserting in place thereof the following words:- department of unemployment assistance.
 

 

Department of Revenue Authority to Offset Refunds 7

SECTION 64.   Said section 13 of said chapter 62D is hereby further amended by striking out, in line 12, as so appearing, the word "and".
 

 

Department of Revenue Authority to Offset Refunds 8

SECTION 65.   Said section 13 of said chapter 62D is hereby further amended by inserting after the figure "7A", inserted by section 14 of chapter 142 of the acts of 2011, the following words:- ; (x) unpaid federal nontax liabilities to a federal agency under section 15; and (xi) unpaid tax liabilities of another state under section 16.
 

 

Department of Revenue Authority to Offset Refunds 9

SECTION 66.   Said chapter 62D is hereby further amended by adding the following 2 sections:-

Section 15. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Federal nontax liability", a delinquent nontax liability certified by a federal official including, but not limited to, any interest, penalty, fine, fee or other nontax assessment imposed by or payable to the federal government that is finally determined to be due and owing.

"Federal official", a unit or official of the federal government charged with the collection of federal nontax liabilities payable to the federal government and with the authority to enter into the offset agreement.

"Offset agreement", the agreement between the commissioner, the state comptroller and the Secretary of the Treasury authorized by this section and section 19 of chapter 7A.

"State tax liability", a delinquent tax liability certified by the commissioner including, but not limited to, any tax, interest, penalty or other addition to a tax imposed by or payable to the commonwealth that is finally determined to be due and owing pursuant to chapter 62C.

(b) Notwithstanding any other general or special law to the contrary, in coordination with the comptroller pursuant to section 19 of chapter 7A, the commissioner may enter into an offset agreement with the Secretary of the Treasury to participate in a reciprocal Treasury Offset Program pursuant to 31 U.S.C. section 3716 for the collection of any state tax liabilities owed to the commonwealth from federal payments to vendors and contractors. The offset agreement may provide for the United States to submit federal nontax liabilities owed to federal agencies for offset against refunds otherwise due and owing to taxpayers.

(c) Under the offset agreement, a federal official may: (1) certify to the commissioner the existence of a person's delinquent federal nontax liability, owed by the person to the federal government, by providing: (i) the full name and address of the person and any other names known to be used by the person; (ii) the social security number or federal tax identification number of the person; (iii) the amount of the federal nontax liability; (iv) a statement certifying that the liability is past due, that due process has been provided and that the liability is legally enforceable in the amount certified, which may be provided in procedures for certifying payments in the offset agreement; and (v) any other information needed under the agreement; (2) request the commissioner to withhold any refund to which the person is entitled; and (3) retain a portion of the proceeds of any federal administrative setoff authorized by the federal offset program.

(d) As required or permitted by state law, federal law or the offset agreement, the commissioner shall: (1) determine if a person for whom a certification is received is due a refund; (2) withhold a refund that is due a person whose name has been certified by a federal official; (3) notify the person of the amount withheld in satisfaction of the federal nontax liability certified by a federal official; and (4) pay to the federal official the lesser of the entire refund or the amount certified plus any fee due under subsection (g) and pay any refund in excess of such amount to the person.

(e) The commissioner may certify to a federal official a person's delinquent state tax liability owed to the commonwealth by providing the federal official: (i) the full name and address of the person and any other names known to be used by the person; (ii) the social security number or federal tax identification number of the person; (iii) the amount of the state tax liability; (iv) a statement certifying that the state tax liability is past due, that due process has been provided and that the liability is legally enforceable in the amount certified, which may be provided in procedures for certifying payments in the offset agreement; and (v) any other information required by state statute or regulation applicable to the collection of the state tax liability by offset of federal payments to vendors and contractors.

(f) The commissioner may request that the federal official withhold the lesser of any federal vendor or contractor payment to which the person is entitled under the offset agreement or the amount certified plus any fee due under subsection (g).

(g) The commissioner shall establish a reasonable administrative fee to be charged to the person for the state offset of a federal nontax liability or the federal offset of a state tax liability. The fee shall be a separate charge and may be withheld from any refund. State administrative fees may be retained by the commissioner and shall be deposited in a separate revolving fund to be used by the commissioner, without further appropriation, for the costs in operating the offset program.

(h) Notwithstanding section 21 of chapter 62C or any other law prohibiting disclosure by the department of the contents of a taxpayer's records or information, all information exchanged to accomplish and effectuate the intent of this section shall be lawful.

(i) If an individual filed a joint income tax return and the federal nontax liability certified by a federal official is not the liability of both parties to the joint income tax return, the commissioner may not withhold or pay to the federal official that portion of the income tax refund attributable to the individual not owing the liability. The commissioner shall adopt procedures notifying parties to a joint income tax return of a proposed offset of a refund for a federal nontax liability certified by a federal official. The parties to the return shall have 60 days to assert, in writing, that a portion of the income tax refund is attributable to the individual not owing the federal nontax liability. If no such assertion, by a party to the joint return, is made within 60 days of notice, all of the refund shall be deemed attributable to the individual owing the liability.

Section 16. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Other state tax liability", a delinquent tax liability certified by the tax officer of the reciprocal state, including but not limited to, any tax, interest, penalty or other addition to a tax imposed by or payable to the participating state that is finally determined to be due and owing under the laws of that state.

"State", any state or the District of Columbia which extends a like comity for the collection of taxes owed to the commonwealth and participates in the reciprocal offset program.

"State offset agreement", the agreement between the commissioner and the tax officer of the state which allows the department and the state to participate in a reciprocal offset program.

"State refund", an overpayment of any tax that is returned or credited to the taxpayer underthe laws of the state.

"State tax liability", a delinquent tax liability certified by the commissioner including, but not limited to, any tax, interest, penalty or other addition to a tax imposed by or payable to the commonwealth that is finally determined to be due and owing pursuant to chapter 62C.

"Tax officer", a unit or official of a state, or the duly authorized agent of such unit or official, charged with the imposition, assessment or collection of taxes in that state.

"Taxpayer", a person identified by the commissioner or a tax officer as owing tax liabilities to the department or a state.

(b) Notwithstanding any other general or special law to the contrary, the commissioner may enter into a state offset agreement with a tax officer to participate in a reciprocal offset program for the collection of state tax liabilities owed to the commonwealth from state refunds due a taxpayer of the reciprocal state. The state offset agreement may provide for the state to submit other state tax liabilities to be offset against refunds due to commonwealth taxpayers.

(c) The commissioner may establish, in the state offset agreement, procedures and methods to be employed by the department and a state to safeguard information and implement this section. No state shall request the collection of taxes through the remedy established pursuant to this section unless the tax is at least $50.

(d) Under the state offset agreement, a tax officer may: (1) certify to the commissioner the existence of a person's delinquent other state tax liability, owed by the person to the state, by providing: (i) the full name and address of the person and any other names known to be used by the person; (ii) the social security number or federal tax identification number of the person; (iii) the amount of the other state tax liability due to the state, including interest and penalties; (iv) a statement certifying that the liability is past due, that due process has been provided and that the other state tax liability is legally enforceable in the amount certified, which may be provided in procedures for certifying payments in the state offset agreement; and (v) any other information needed under the agreement; (2) request the commissioner to withhold any refund to which the person is entitled; and (3) retain a portion of the proceeds of any setoff authorized by the state offset program.

(e) As required or permitted by state law and the state offset agreement, the commissioner shall: (1) determine if a person for whom a certification is received is due a refund; (2) withhold a refund that is due a person whose name has been certified by a tax officer; (3) notify the person of the amount withheld in satisfaction of the other state tax liability certified by a tax officer; (4) pay to the state the lesser of the entire refund or the amount certified plus any fee due pursuant to subsection (h); and (5) pay any refund in excess of such amount to the person.

(f) The commissioner may certify to a tax officer a person's delinquent state tax liability owed the commonwealth by providing the tax officer: (i) the full name and address of the person and any other names known to be used by the person; (ii) the social security number or federal tax identification number of the person; (iii) the amount of the state tax liability; (iv) a statement certifying that the state tax liability is past due, that due process has been provided and that the liability is legally enforceable in the amount certified, which may be provided in procedures for certifying payments in the state offset agreement; and (v) any other information required by state statute or regulation applicable to the collection of the state tax liability by offset of state refunds due a taxpayer.

(g) The commissioner may request that the tax officer withhold the lesser of any state refund to which the person is entitled under the state offset agreement or the amount certified plus any fee due pursuant to subsection (h).

(h) The commissioner and the state may establish a reasonable administrative fee to be charged to the person for the provision of the offsets. The fee shall be a separate charge and may be withheld from any refund or state refund due to the person. Any applicable administrative fees may be retained by the commissioner and shall be deposited in a separate revolving fund to be used by the commissioner, without further appropriation, for the costs in operating the state offset program.

(i) Notwithstanding section 21 of chapter 62C or any other law prohibiting disclosure by the department of the contents of a taxpayer's records or information, the exchange of information to accomplish and effectuate the intent of this section is lawful.

(j) If an individual filed a joint income tax return and the other state tax liability certified by a tax officer is not the liability of both parties to the joint income tax return, the commissioner shall not withhold or pay to the state that portion of the income tax refund attributable to the individual not owing the liability. The commissioner shall adopt procedures notifying parties to a joint income tax return of a proposed offset of a refund for the other state tax liability certified by a tax officer. The parties to the return shall have 60 days to assert in writing that a portion of the income tax refund is attributable to the individual not owing the liability. If no such assertion by a party to the joint return is made within 60 days of notice, all of the refund shall be deemed attributable to the individual owing the liability.
 

 

Employer Medical Assistance Contribution 3

SECTION 67.   Section 12 of chapter 62E of the General Laws is hereby amended by striking out, in lines 23 and 24, as appearing in the 2010 Official Edition, the words "fair share employer contribution requirement under section 188" and inserting in place thereof the following words:- employer medical assistance contribution under section 189.
 

 

Brownfields Tax Credit Extension 1

SECTION 68.   Section 38Q of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the figure "2013" and inserting in place thereof the following figure:- 2018.
 

 

Brownfields Tax Credit Extension 2

SECTION 69.   Said section 38Q of said chapter 63, as so appearing, is hereby further amended by striking out, in line 8, the figure "2014" and inserting in place thereof the following figure:- 2019.
 

 

Senior Fire Education

SECTION 70.   Subsection (d) of section 2C of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Such fund shall consist of all certification fees submitted by manufacturers and shall, in addition to any other monies made available for such purpose, be expended by the secretary, without further appropriation, and shall be used to support state processing, testing, enforcement, and oversight activities related to implementation of sections 2B to 2F, inclusive, and for a senior awareness of fire education program which shall include, education about the risk of fire to seniors and the purchase of safety devices for the benefit of at risk seniors.
 

 

Chapter 70 Minimum Local Contribution Waiver

SECTION 71.   Chapter 70 of the General Laws is hereby amended by inserting after section 6 the following section:-

Section 6A. (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, within any fiscal year, the department of revenue may recalculate the minimum required local contribution for that year. Based on the criteria established in this section, the department of revenue 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 is required to use revenue 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 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, for an adjustment of its minimum required local contribution and net school spending for that fiscal year.

(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; provided however, that no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year in which the waiver is granted, 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 of revenue 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, for an adjustment to its net school spending requirement for that fiscal year. 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 the 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 or any other general or special law to the contrary, the amounts determined under this section shall be the minimum required local contribution described in this chapter. 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 any fiscal year, under this chapter 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.
 

 

School Bullying School Staff Clarification

SECTION 72.   Section 37O of chapter 71 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word "students", in line 6, the following words:- or by a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional.
 

 

School Bullying Staff Clarification

SECTION 73.   Said section 37O of said chapter 71, as so appearing, is hereby further amended by inserting after the word "student", in line 43, the following words:- or a member of a school staff including, but not limited to, an educator, administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor to an extracurricular activity or paraprofessional.
 

 

Expansion of School Staff in School Bullying Law

SECTION 74.   The first paragraph of subsection (d) of said section 37O of said chapter 71, as so appearing, is hereby further amended by inserting after the first sentence the following sentence:- The plan shall apply to students and members of a school staff, including, but not limited to, educators, administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, advisors to an extracurricular activity and paraprofessionals.
 

 

Vocational School Tuition

SECTION 74A.   Section 7C of chapter 74 of the General Laws, is hereby amended by striking out the first paragraph, inserted by section 89 of chapter 139 of the acts of 2012, and inserting in place thereof the following paragraph:-

Notwithstanding the provisions of section 27C of chapter 29, or any other general or special law to the contrary, a town where a person resides who is admitted to the school of another town under section 7 shall pay a tuition fee to be fixed by the commissioner under the direction of the state board, and in default of payment shall be liable therefor in contract to such other town. If an approved vocational school established by a regional school district or a public independent vocational school accepts a student who resides in a town, other than a member town of said district, which does not maintain such a vocational school, the town in which such student resides shall pay a tuition fee to be fixed by the regional district school committee or by the board of trustees of a public independent vocational school and approved by the commissioner under the direction of the state board; provided, however, that a town shall not be required to pay any portion of the tuition of any student residing therein who is enrolled in a post-secondary vocational program.
 

 

Public Safety Training Fund 1

SECTION 75.   Chapter 89 of the General Laws is hereby amended by adding the following section:-

Section 12. There shall be a surcharge of $5 on a fine assessed against a person convicted of or found responsible for a motor vehicle violation under this chapter or a violation of a special regulation lawfully made under the authority of this chapter. The surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Public Safety Training Fund established in section 2JJJJ of chapter 29.
 

 

Veteran Designation on License or ID Card 1

SECTION 76.   Section 8 of chapter90 of the General Laws, as appearing in the 2010 Official Edition is hereby amended by inserting after the tenth paragraph the following 2 paragraphs:-

A license shall include the word "Veteran" upon presentation of sufficient evidence, as determined by the registrar, that a person is a veteran as defined in clause Forty-third of section 7 of chapter 4. A fee for a license that includes the word "Veteran" shall be equal to or less than the fee required for a license without such designation.

Any fees associated with applying for an amended license for the purpose of obtaining a veteran's indicator shall be equal to or less than the fee required for a license without such designation and may be waived for any veteran over the age of 70.
 

 

Veteran Designation on License or ID Card 2

SECTION 77.   Section 8E of said chapter 90, as amended by section 1 of chapter 170 of the acts of 2012, is hereby further amended by adding the following 2paragraphs:-

An identification card shall include the word "Veteran" upon presentation of sufficient evidence, as determined by the registrar, that a person is a veteran as defined in clause Forty-third of section 7 of chapter 4. A fee for a card that includes the word "Veteran" shall be equal to or less than the fee required for a card without such designation.

Any fees associated with applying for an amended identification for the purpose of obtaining a veteran's indicator shall be equal to or less than the fee required for an identification without such designation and may be waived for any veteran over the age of 70.
 

 

Head Injury Trust

SECTION 78.   Section 20 of said chapter 90, is hereby amended by striking out the figure "$37.50", inserted by section 96 of chapter 139 of the acts of 2012, and inserting in place thereof the following figure:- $50.00.
 

 

Public Safety Training Fund 2

SECTION 79.   Said section 20 of said chapter 90, as most recently amended by said section 96 of said chapter 139, is hereby further amended by adding the following paragraph:-

There shall be a surcharge of $5 on a fine assessed against a person convicted of or found responsible for a motor vehicle violation pursuant to this chapter or a violation of a special regulation lawfully made under the authority of this chapter. The surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Public Safety Training Fund established in section 2JJJJ of chapter 29.
 

 

Head Injury Trust

SECTION 80.   Paragraph (a) of subdivision (2) of section 24 of said chapter 90 is hereby amended by striking out the figure "$187.50", inserted by section 97 of said chapter 139, and inserting in place thereof, in each instance, the following figure:- $250.
 

 

Ethanol Facility License

SECTION 81.   Section 14 of chapter 91 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

An ethanol storage or blending facility that stores or blends or is intended to store or blend more than an average of 5,000 gallons of ethanol per day and is located within 1 mile of a census block that has a population density of greater than 4,000 people per square mile shall not be granted a license under this chapter. For the purposes of this section, ethanol shall be defined as any mixture composed of not less than 30 per cent ethanol.
 

Veto Explanation:
I am vetoing this section because it would have unintended consequences for fuel suppliers and interfere with existing marine terminal operations.

 

CLEAR AND CONSPICUOUS PRICE DISCLOSURE

SECTION 82.   The first sentence of subsection (b) of section 184C of chapter 94 of the General Laws, as appearing in section 1 of chapter 138 of the acts of 2012, is hereby amended by inserting after the words "display price" the following words:- shelf tag.
 

 

CLEAR AND CONSPICUOUS PRICE DISCLOSURE

SECTION 83.   The second sentence of subsection (c) of said section 184C of said chapter 94, as so appearing, is hereby amended by inserting after the words "display price" the following words:- shelf tag.
 

 

CLEAR AND CONSPICUOUS PRICE DISCLOSURE

SECTION 84.   Subsection (b) of section 184D of said chapter 94, as so appearing, is hereby amended by striking out the third and fourth sentences and inserting in place thereof the following 3 sentences:- Notwithstanding the method for determining the amount of civil fines under section 29A of chapter 98, a civil citation may be issued for $200 for each violation, up to a maximum of $5,000 per inspection, for a food store or a food department utilizing a consumer price scanner system. Notwithstanding the method for determining the amount of civil fines under said section 29A of said chapter 98, a civil citation may be issued for $100 per violation, up to a maximum of $2,500 per inspection, for a food store or food department utilizing an individual item pricing system. For a food store or a food department utilizing a consumer price scanner system, if an item is advertised either in a food store, food department or in a circular as on sale or discounted because of a loyalty card price and the item registers at a higher price at the checkout counter than indicated by a sale or loyalty card price, a civil citation shall be issued for $300 per violation, up to a maximum of $5,000 per inspection.
 

 

CLEAR AND CONSPICUOUS PRICE DISCLOSURE

SECTION 85.   Subsection (d) of section 184E of said chapter 94, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following 2 sentences:- A food store or food department with more than 5,000 square feet but less than 20,000 square feet shall have 1 fully operational consumer price scanner capable of producing an individual item pricing tag, located at the front of the food store or food department. A food store or food department with more than 20,000 square feet shall have 2 fully operational consumer price scanners capable of producing an individual item pricing tag, with at least 1 located at the front of the food store or food department.
 

 

Section 244 Amendment

SECTION 86.   Subsection (d 1/2) of section 18 of chapter 94C of the General Laws, as amended by section 2 of chapter 8 of the acts of 2013, is hereby further amended by adding the following paragraph:-

Nothing in this subsection shall be interpreted to prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 to residents of states other than Maine and the states contiguous with the commonwealth, provided, however, that:

(1) the pharmacy shall be licensed for retail by the commonwealth and, if applicable, registered with the appropriate regulatory authorities in the state from which the prescription is received and the United States Drug Enforcement Administration, as applicable, for the dispensing of controlled substances;

(2) the prescription shall be filled by a pharmacist licensed and registered in the state from which the prescription originates, if the state of the prescription's origin requires such registration and licensing, and shall be written by a physician licensed to practice medicine and registered in the same state or a contiguous state to where the prescription is to be delivered and registered under federal law to write prescriptions;

(3) the prescription shall be received by the retail pharmacy via mail or commercial carrier or through an equivalent electronic means as may be authorized by federal law;

(4) a registered pharmacist filling a prescription under this subsection shall determine, in accordance with professional standards and personal judgment, that such prescription is authentic, valid, legitimate and legal in the state from which it is received and shall verify the prescription by telephonic or other means; provided, however, that a pharmacist shall not fill a prescription for which verification cannot be obtained; and provided further, that any delivery of controlled substances to residents of another state shall be in full compliance with all laws and regulations of that state relative to the issuance and filling of prescriptions;

(5) the pharmacy shall comply with all reporting requirements of the state to which the prescription is delivered including, but not limited to, enrollment in and adherence to the rules, regulations and requirements of the state's prescription monitoring program or any program equivalent thereto, where applicable; and

(6) any substances delivered under this subsection shall be delivered via mail or by a commercial carrier to a verified address in the state of residence of the person for whom the prescription was written and shall not enter into the hands of any person in the commonwealth not directly associated by employment or subcontract with the United States Postal Service or commercial carrier selected for such purpose.
 

 

Prescription Monitoring Program

SECTION 87.   Subsection (c) of section 24A of said chapter 94Cis hereby further amended by striking out the second paragraph, added by section 8 of chapter 244 of the acts of 2012, and inserting in place thereof the following paragraph:-

The department shall promulgate rules and regulations relative to the use of the prescription monitoring program by registered participants, which shall include requiring participants to utilize the prescription monitoring program prior to the issuance, to a patient for the first time, of a prescription for a narcotic drug that is contained in schedule II or III. The department may require participants to utilize the prescription monitoring program prior to the issuance, to a patient for the first time, of benzodiazepines or any other schedule IV or V prescription drug, which is commonly abused and may lead to physical or psychological dependence or which causes patients with a history of substance dependence to experience significant addictive symptoms. The regulations shall specify the circumstances under which such narcotics may be prescribed without first utilizing the prescription monitoring program. The regulations may also specify the circumstances under which support staff may use the prescription monitoring program on behalf of a registered participant. When promulgating the rules and regulations, the department shall also require that pharmacists be trained in the use of the prescription monitoring program as part of the continuing education requirements mandated for licensure by the board of registration in pharmacy, under section 24A of chapter 112. The department shall also study the feasibility and value of expanding the prescription monitoring program to include schedule VI prescription drugs.
 

 

ALS Registry

SECTION 88.   Section 25A of chapter 111 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The department of public health may establish an Amyotrophic Lateral Sclerosis registry, to be known as the Argeo Paul Cellucci Amyotrophic Lateral Sclerosis Registry, by areas and regions of the commonwealth, with specific data to be obtained from urban, low and median income communities and minority communities of the commonwealth.
 

 

Primay Care Hospital Residency Programs

SECTION 89.   The third paragraph of subsection (b) of section 25N 1/2 of said chapter 111, as appearing insection 72 of chapter 224 of the acts of 2012, is hereby amended by inserting, after the world "shall" the first time it appears, the following words:- offer a 9 to 12 month residency program and.
 

Veto Explanation:
I am vetoing this section because the Department of Public Health believes that it will create additional barriers to critical access to primary care, predominantly in underserved communities.

 

Employer medical assistance contribution

SECTION 90.   Chapter 111K of the General Laws is hereby amended by striking out section 9, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 9. To provide the monies necessary to establish and meet the purposes of the fund, the commission shall receive out of the employer medical assistance contribution under section 189 of chapter 149, $1 annually for each employee whose wages determine such employer's total employer medical assistance contribution under said section 189 of said chapter 149. Said contribution shall be collected by the director of unemployment assistance and paid over to the state treasurer for deposit in the fund annually as provided by the commission.
 

 

Board Investigations

SECTION 91.   Clause (f) of the sixth paragraph of section 5 of chapter 112 of the General Laws, as appearing in section 115 of chapter 139 of the acts of 2012, is hereby amended by inserting after the words "that are pending" the following words:- ; provided, however, that payments made as part of a disclosure, apology and early offer program, shall not be construed to be reportable to or by the board against the physician, absent a determination of substandard care rendered on the part of said physician.
 

 

General Health Supplies Definition

SECTION 92.   The definition of "General health supplies, care or rehabilitative services and accommodations" in section 8A of chapter 118E of the General Laws, as appearing in section 115 of chapter 224 of the acts of 2012, is hereby amended by inserting after the word "surgical" the following word:- , chiropractic.
 

 

Senior Care Options

SECTION 93.   Subsection (e) of section 9D of said chapter 118E, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

(6) The executive office shall direct MassHealth to provide each beneficiary age 65 and older with an annual notice of the options for enrolling in voluntary programs including Program of All Inclusive Care for the Elderly or PACE plans, Senior Care Option or SCO plans, Home and Community-Based Services Waiver program for frail elders or any other voluntary, elective benefit to which they are entitled to supplement or replace their MassHealth benefits. If MassHealth receives approval from the Centers for Medicare and Medicaid Services, MassHealth shall arrange for the annual notice to include the names and contact information for the program providers, general contact information for MassHealth and a general description of the benefits of joining particular programs in clear and simple language and a method to request the same information in a language other than English. The notice shall include a method for the beneficiary to indicate interest in receiving additional information on any programs identified that may be of interest to them. A draft of the proposed language and format for providing information to beneficiaries shall be circulated to the providers contracted to provide each of these programs for review and comment prior to finalization. The division shall work with the program providers and other appropriate stakeholders to assess whether and to what extent barriers to program enrollment shall be alleviated through modifications to the program or the enrollment process.
 

 

Health Safety Net Assessments

SECTION 94.   The definition of "Managed care organization" in section 64 of said chapter 118E, as appearing in section 131 of chapter 224 of the acts of 2012, is hereby amended by inserting after the figure "9D" the following words:- or an integrated care organization as defined in section 9F.
 

 

Health Safety Net Assessments 2

SECTION 95.   Clause (1) of the definition of "Payments subject to surcharge" in said section 64 of said chapter 118E, as soappearing, is hereby amended by inserting after the figure "65" the following words:- who are not enrolled in an integrated care organization.
 

 

Health Safety Net Assessments 3

SECTION 96.   Said definition of "Payments subject to surcharge" in said section 64 of said chapter 118E, as soappearing, is hereby further amended by striking out the word "division" and inserting in place thereof the following words:- executive office.
 

 

Health Safety Net Assessments 4

SECTION 97.   Said section 64 of said chapter 118E, as soappearing, is hereby further amended by inserting after the definition of "Surcharge payor" the following 2 definitions:-

"Total acute hospital assessment amount", an amount equal to $160,000,000 plus 50 per cent of the estimated cost, as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive.

"Total surcharge amount", an amount equal to $160,000,000 plus 50 per cent of the estimated cost, as determined by the secretary of administration and finance, of administering the health safety net and related assessments in accordance with sections 65 to 69, inclusive.
 

 

Health Safety Net Assessments 5

SECTION 98.   Said chapter 118E is hereby further amended by striking out section 66, as soappearing, and inserting in place thereof the following section:-

Section 66. (a) There shall be established and set up on the books of the commonwealth a fund to be known as the Health Safety Net Trust Fund, in this section and in sections 67 to 69, inclusive, called the fund, which shall be administered by the health safety net office, hereinafter the office. Expenditures from the fund shall not be subject to appropriation unless otherwise required by law. The purposes of the fund shall be to: (i) maintain a health care safety net by reimbursing hospitals and community health centers for a portion of the cost of reimbursable health services provided to low-income, uninsured or underinsured residents; (ii) support the estimated expenses of the executive office in administering the health safety net and related assessments under sections 65 to 69, inclusive; and (iii) support a portion of the costs of the Medicaid program under this chapter and the commonwealth care health insurance program under chapter 118H. The office shall administer the fund using methods, policies, procedures, standards and criteria for the proper and efficient operation of the fund and programs supported by it in a manner designed to distribute the fund resources as equitably as possible. The secretary of administration and finance, in consultation with the secretary of health and human services, shall determine annually the estimated expenses to administer the fund.

(b) The fund shall consist of: (i) all amounts paid by acute hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund, established under section 2OOO of chapter 29; and (iv) all property and securities acquired by and through the use of monies belonging to the fund and all interest thereon. The office shall expend amounts in the fund, except for amounts transferred to the Commonwealth Care Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents of the commonwealth, consistent with the requirements of this section and section 69 and the regulations adopted by the office. The office shall also annually expend monies from the fund for the expenses of the executive office, including the health safety net office under subsection (a), for the administration of the health safety net and related assessments. The office shall also expend not more than $6,000,000 annually from the fund for demonstration projects that use case management and other methods to reduce the liability of the fund to acute hospitals. Any amounts collected from surcharge payors in any year in excess of the total surcharge amount, adjusted to reflect applicable surcharge credits, shall be transferred to the General Fund to support a portion of the costs of the Medicaid program and commonwealth care health insurance program. Any annual balance remaining in the fund after these payments have been made shall be transferred to the Commonwealth Care Trust Fund. All interest earned on the amounts in the fund shall be deposited or retained in the fund. The director shall from time to time requisition from the fund amounts that the director considers necessary to meet the current obligations of the office for the purposes of the fund and estimated obligations for a reasonable future period.
 

 

Health Safety Net Assessments 6

SECTION 99.   Subsection (a) of section 67 of said chapter 118E, as soappearing, is hereby amended by striking out clause (ii) and inserting in place thereof the following clause:- (ii) the total acute hospital assessment amount.
 

 

Health Safety Net Assessments 7

SECTION 100.   The fourth sentence of subsection (a) of section 68 of said chapter 118E, as soappearing, is hereby amended by striking out the figure "$160,000,000" and inserting in place thereof the following words:- the total surcharge amount.
 

 

Health Safety Net Assessments 8

SECTION 101.   The fifth sentence of said subsection (a) of said section 68 of said chapter 118E, as soappearing, is hereby amended by striking out the words "less than $150,000,000 or more than $170,000,000 in surcharge payments," and inserting in place thereof the following words:- less than the total surcharge amount minus $10,000,000 or more than the total surcharge amount plus $10,000,000.
 

 

Health Information Technology: No HHS

SECTION 102.   Subsection (b) of section 3 of chapter 118I of the General Laws, as appearing in section 134 of chapter 224 of the acts of 2012, is hereby amended by striking out clauses (ii) to (iv), inclusive, and inserting in place thereof the following 2 clauses:-

(ii) implement, operate and maintain the statewide health information exchange; and

(iii) develop and implement statewide health information exchange infrastructure, including, without limitation, provider directories, certificate storage, transmission gateways, auditing systems and any components necessary to connect the statewide health information exchange to provider electronic health records systems.
 

 

Health Information Technology 4

SECTION 103.   Section 10 of said chapter 118I, as soappearing, is hereby amended by striking out the last sentence.
 

 

Construction and Disposition of Certain Public Housing Units

SECTION 104.   Section 26 of chapter 121B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following clause:-

(p) Notwithstanding this section or section 34 to the contrary, to dispose of or demolish any part or all of an existing housing project assisted by the commonwealth pursuant to chapter 689 of the acts of 1974, chapter 167 of the acts of 1987 or chapter 705 of the acts of 1966, if: (1) the department and the housing authority have determined that it is not financially feasible to bring the units up to a reasonable program standard for occupancy or permissible to convert the units to another low-rent housing program; (2) the inventory of available housing units remaining in the surrounding community is not substantially diminished as a result of such demolition; and (3) for units financed pursuant to chapter 705 of the acts of 1966, the units were vacant as of November 1, 2012, or, for units financed by the chapter 689 of the acts of 1974 or chapter 167 of the acts of 1987, the department has received written confirmation from both the department of developmental services and the department of mental health that those units are obsolete and inappropriate for housing their respective clients. Upon approval by the department, the authority may dispose of the property by sale, ground lease or other transfer of its interest in the property; provided, that the department shall review and approve of any appraisal and request for proposals related to the disposition, as well as the selection of the selected bidder. The request for proposals shall provide that, in reviewing responses to the request for proposals, first priority for selecting from among the responsive and responsible bidders shall be those bidders that offer a feasible plan to provide housing on the site that is permanently affordable to households under 80 per cent of area median income as defined by the department. Those bidders shall obtain the property for $1, subject to an enforceable agreement to meet the requirements of its proposal. If no responsive and responsible bidder meets the above standard, the property shall be sold to the bidder offering the highest price for the property. Notwithstanding anything to the contrary in this chapter, proceeds from the disposition, after paying for the costs of the disposition, shall be deposited in an expendable trust controlled by the department, the purpose of which shall be to fund capital improvements that the department determines are necessary and appropriate at existing housing developments that serve households that would have been eligible for occupancy of the units that had been sited on the property.
 

 

Construction and Disposition of Certain Public Housing Units

SECTION 105.   Subsection (b) of section 31 of said chapter 121B, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following sentence:- The department shall approve such a project only if it makes the following determinations: (i) the design and layout of the proposed project is appropriate to the neighborhood in which it is to be located; and (ii) an adequate supply of dwelling units for low-income families is not then available in the private market and the housing authority, after reasonable effort, has been unable to obtain such units either through reconstruction, remodeling or repair of existing buildings or by the purchase of completed dwelling units.
 

 

Housing Preservation and Stabilization Trust Fund

SECTION 106.   Said chapter 121B is hereby further amended by adding the following section:-

Section 60. (a) There shall be a Housing Preservation and Stabilization Trust Fund, which shall be administered by the undersecretary of housing and community development. Monies in the trust fund shall be deposited with the state treasurer in a manner that will secure the highest interest rate available consistent with thesafety of the trust fund and with the requirement that all amounts on deposit be available for immediate use.

(b) The undersecretary shall appoint the trustee of the fund, who shall serve until a successor is appointed.

(c) There shall be credited to the trust fund: any unexpended funds from items 7004-0100, 7004-0101, 7004-0108, 7004-9024 and 7004-9316, which shall not revert to the General Fund but instead shall be deposited in the trust fund; other funds appropriated or transferred to the trust fund by the general court; and all interest earned on monies in the trust fund.

(d) Expenditures from the fund shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund. Expenditures from the fund shall be made only for providing affordable housing for low-income families and individuals in the commonwealth, particularly those most at risk of becoming homeless.

(e) Before making expenditures from the fund, each fiscal year the undersecretary shall submit a spending plan to the secretary of administration and finance, the house committee on ways and means and the senate committee on ways and means. Spending from the fund shall be subject to the approval of the secretary of administration and finance. For the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the undersecretary may incur obligations and the comptroller may certify payment amounts not to exceed the most recent revenue estimate submitted by the undersecretary and approved by the secretary of administration and finance but the fund shall be in balance by the close of each fiscal year.

(f) The undersecretary shall determine eligibility and benefit levels for programs supported by the fund, but programs shall be structured in a sustainable manner.

(g) Eligible grantees of the fund shall include, but are not limited to: local housing agencies, regional housing centers, private housing providers of affordable housing, other state agencies and municipalities.
 

 

Lobster Prima Facie Evidence

SECTION 107.   Section 44 of chapter 130 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

If the measurement of any such lobster taken from 1 or the other eye sockets is of the required length, such lobster shall be deemed to be a legal lobster. In all prosecutions under this section, any mutilation of any lobster which affects its measurement as aforesaid shall be prima facie evidence that the lobster was or is less than the required length; provided, however, that the director shall, by regulation approved by the marine fisheries advisory commission, allow the on-shore processing in the commonwealth of live lobsters of legal length into frozen shell-on lobster tails by wholesale dealers that are licensed by the department of public health under section 77G of chapter 94. Processed frozen lobster tails may be possessed, sold or offered for sale in the commonwealth by any wholesale dealer, retail dealer or food establishments and such food product may be possessed by a consumer. The processing, possession or sale of said frozen lobster tails pursuant to this section shall be limited to lobster tails weighing 3 ounces or more. The packaging of processed frozen lobster tails pursuant to this section as a food product shall be labeled in accordance with applicable federal and state laws and regulations. This section shall not apply to common carriers having lobster in possession for the purpose of transportation.
 

 

Employer Responsibility Trust Fund

SECTION 108.   Section 188 of chapter 149 of the General Laws is hereby repealed.
 

 

Employer Responsibility Trust Fund

SECTION 109.   Said chapter 149 is hereby further amended by adding the following section:-

Section 189. (a) Each employer, subject to sections 14, 14A and 14C of chapter 151A, shall pay, in the same manner and at the same times as the director of unemployment assistance prescribes for the contribution required by said section 14, an employer medical assistance contribution. The employer medical assistance contribution shall be computed by multiplying the wages the employer paid its employees by the employer medical assistance contribution rate of .36 per cent; provided, however, that employers who employ 5 or fewer employees shall not be required to pay such employer medical assistance contribution. The purpose of the employer medical assistance contribution shall be to support the provision of subsidized health care services funded by the Commonwealth Care Trust Fund, established under section 2OOOO of chapter 29, and the Health Safety Net Trust Fund, established under section 66 of chapter 118E.

(b) The receipts from such contributions shall be placed in the Commonwealth Care Trust Fund, or any successor fund; provided, however, that $1 for each employee whose wages determine each employer's total employer medical assistance contribution shall be deposited annually in the Catastrophic Illness in Children Relief Fund, established by section 2ZZ of chapter 29; and provided further, that the Commonwealth Care Trust Fund shall transfer not less than $30,000,000 of these funds annually to the Health Safety Net Trust Fund. Prior to depositing the amounts collected under this section, the director of unemployment assistance may deduct all administrative costs incurred by the department as a result of this section, including an amount as determined by the United States Secretary of Labor under federal cost rules; provided, however, that in no calendar year may such deduction exceed 5 per cent of the amounts collected under this section.

(c)(1) For the purposes of this section, the term "wages" shall not include that part of remuneration which, after remuneration equal to the employer medical assistance contribution wage base with respect to employment with such employer has been paid to an individual during the calendar year, is paid to such individual during such year. For the purposes of this paragraph, remuneration shall include remuneration paid to an individual during the calendar year with respect to employment with a transferring employer, as that term is used in subsection (n) of section 14 of chapter 151A.

(2) For the purposes of this section, the term "employer medical assistance contribution wage base" shall have the same meaning as the term "unemployment insurance taxable wage base" as defined in paragraph (4) of subsection (a) of section 14 of chapter 151A.

(d)(1) This section shall not apply to an employer newly subject to chapter 151A, until such employer has been an employer for a minimum of 12 consecutive months, as specified in paragraph (1) of subsection (b) of said section 14 of said chapter 151A.

(2) Notwithstanding the contribution rate set forth in subsection (a), during the first calendar year in which this section shall apply to an employer under paragraph (1), the employer's employer medical assistance contribution rate shall be .12 per cent.

(3) Notwithstanding the contribution rate set forth in subsection (a), during the second calendar year in which this section shall apply to an employer newly subject to this chapter under paragraph (1), the employer's employer medical assistance contribution shall be .24 per cent.

(e) Except where inconsistent with this section, the terms and conditions of chapter 151A that are applicable to the payment and collection of contributions or payments in lieu of contributions shall apply to the same extent to the payment of and the collection of such employer medical assistance contribution; provided, however, that such contributions shall not be credited to the employer's account or to the solvency account established under section 14, 14A or 14C of chapter 151A.

(f) There shall be an employer medical assistance contribution rate review board composed of the: (i) director of the health safety net office or a designee; (ii) director of the department of unemployment assistance or a designee; (iii) executive director of the commonwealth health insurance connector authority or a designee; and (iv) the commissioner of insurance or a designee. Annually, on or before November 30, the board shall determine if the employer medical assistance contribution rates established under this section shall be adequate to provide for the estimated costs of providing subsidized health care to low-income residents of the commonwealth. The board shall file a report detailing its cost review determination with the general court and the executive office for administration and finance on or before December 31 of each year. If the board determines that the costs to the commonwealth in providing subsidized care have increased from the previous fiscal year, the board may, by a majority vote, recommend an increase to the employer medical assistance contribution rate and submit its recommendations, with its annual report, to the general court.

(g) The director of unemployment assistance, the director of the health safety net office and the executive director of the commonwealth health insurance connector authority shall report annually, after the end of each calendar year, to the governor, the house committee on ways and means and the senate committee on ways and means. The report shall include the number of employers paying an employer medical assistance contribution, the amount collected in the fund, the amount needed to administer the fund, the amount transferred and how the funds were used by the program. The report may also make recommendations for changes in the law and regulations governing the fund.

(h) Any employer notified of a liability determination under this section by the director of unemployment assistance may request a hearing on such determination. The request for hearing shall be filed within 10 days after mailing of the notice of the determination. If a hearing is requested, the director shall give the employer a reasonable opportunity for a fair hearing before an impartial hearing officer designated by the director. The hearing shall be conducted in accordance with the procedures in subsection (b) of section 39 of chapter 151A. Any employer aggrieved by the decision following the hearing may appeal such decision as prescribed by sections 40 to 42, inclusive, of said chapter 151A. Unless action is taken under said section 40 of said chapter 151A, the decision of the director shall be final on all questions of fact and law.
 

 

Employer Responsibility Trust Fund

SECTION 109A.   Subsection (b) of section 188 of said chapter 149 is hereby amended by striking out the first sentence, inserted by section 141 of chapter 224 of the acts of 2012, and inserting in place thereof the following sentence:-

To more equitably distribute the costs of health care provided to uninsured residents of the commonwealth, each employer that: (1) employs 11 or more full-time equivalent employees in the commonwealth and (2) is not a contributing employer shall pay a per-employee contribution at a time and in a manner prescribed by the director of unemployment assistance, in this section called the fair share employer contribution.
 

 

Employer Responsibility Trust Fund

SECTION 109B.   Subsection (c) of said section 188 of said chapter 149, amended by section 142 of chapter 224 of the acts of 2012, is hereby amended by striking out clause (11).
 

 

Collective Bargaining for Municipal Public Safety Officers

SECTION 110.   Subsection (d) of section 7 of chapter 150E of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after clause (p) the following clause:-

(p 1/2) the third paragraph of section 58 of chapter 31;
 

Veto Explanation:
I am vetoing this section because, although I approve Section 50, which allows collective bargaining agreements to extend the present requirement that police officers and firefighters reside within 10 miles of the employing municipality, this additional unnecessary section inadvertently allows such agreements to prevail over other existing statutory provisions that employees must reside in the Commonwealth and that prefer municipal residents on civil service eligible lists.

 

Medical Security Trust Fund

SECTION 111.   Section 14G of chapter 151A of the General Laws is hereby repealed.
 

 

Regional Transit Authority Annual Audit

SECTION 112.   Section 8 of chapter 161B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (g) and inserting in place thereof the following subsection:-

(g) The authority shall on or before October 1 of each year deliver to the chief financial and accounting officer of the department of transportation, the secretary of administration and finance, the state treasurer, the state comptroller, the regional advisory board, the house committee on ways and means,the senate committee on ways and means, the joint committee on transportation, the clerk of the senate and the clerk of the house of representatives a report of its operations for the preceding fiscal year, including a description of organization for the authority, its comprehensive program for mass transportation as most recently revised and its audited financial statements for the most recently completed fiscal year. The financial statements shall be audited in accordance with generally accepted auditing standards and government auditing standards issued by the Comptroller General of the United States. The financial statements shall include the opinion of the independent auditor thereon.
 

 

Employee Health Insurance Notification

SECTION 113.   Section 17 of chapter 176Q of the General Laws, inserted by section 215 of chapter 224 of the acts of 2012, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Employers with 11 or more full-time equivalent employees shall notify all employees, in a manner and form prescribed by the connector, of the employer's compliance with subsection (a) and the opportunity for eligible employees to enroll in the employer's sponsored health insurance plan or the employer's cafeteria plan that is in compliance with chapter 151F.
 

 

Judicial Salary Increases

SECTION 114.   Section 22 of chapter 211 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the figure "$151,239" and inserting in place thereof the following figure:- $166,239.
 

 

Judicial Salary Increases

SECTION 115.   Said section 22 of said chapter 211 is hereby further amended by striking out the figure "$166,239", inserted by section 114, and inserting in place thereof the following figure:- $176,239.
 

 

Judicial Salary Increases

SECTION 116.   Said section 22 of said chapter 211 is hereby further amended by striking out the figure "$176,239", inserted by section 115, and inserting in place thereof the following figure:- $181,239.
 

 

Judicial Salary Increases

SECTION 117.   Said section 22 of said chapter 211, as appearing in the 2010 Official Edition, is hereby further amended by striking out, in line 2, the figure "$145,984" and inserting in place thereof the following figure:- $160,984.
 

 

Judicial Salary Increases

SECTION 118.   Said section 22 of said chapter 211 is hereby further amended by striking out the figure "$160,984", inserted by section 117, and inserting in place thereof the following figure:- $170,984.
 

 

Judicial Salary Increases

SECTION 119.   Said section 22 of said chapter 211 is hereby further amended by striking out the figure "$170,984", inserted by section 118, and inserting in place thereof the following figure:- $175,984.
 

 

Judicial Salary Increases

SECTION 120.   Section 2 of chapter 211A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 1, the figure "$140,358" and inserting in place thereof the following figure:- $155,358.
 

 

Judicial Salary Increases

SECTION 121.   Said section 2 of said chapter 211A is hereby further amended by striking out the figure "$155,358", inserted by section 120, and inserting in place thereof the following figure:- $165,358.
 

 

Judicial Salary Increases

SECTION 122.   Said section 2 of said chapter 211A is hereby further amended by striking out the figure "$165,358", inserted by section 121, and inserting in place thereof the following figure:- $170,358.
 

 

Judicial Salary Increases

SECTION 123.   Said section 2 of said chapter 211A, as appearing in the 2010 Official Edition, is hereby further amended by striking out, in line 2, the figure "$135,087" and inserting in place thereof the following figure:- $150,087.
 

 

Judicial Salary Increases

SECTION 124.   Said section 2 of said chapter 211A is hereby further amended by striking out the figure "$150,087", inserted by section 123, and inserting in place thereof the following figure:- $160,087.
 

 

Judicial Salary Increases

SECTION 125.   Said section 2 of said chapter 211A is hereby further amended by striking out the figure "$160,087", inserted by section 124, and inserting in place thereof the following figure:- $165,087.
 

 

Judicial Salary Increases

SECTION 126.   Section 4 of chapter 211B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 3, the figure "$129,694" and inserting in place thereof the following figure:- $144,694.
 

 

Judicial Salary Increases

SECTION 127.   Said section 4 of said chapter 211B is hereby further amended by striking out the figure "$144,694", inserted by section 126, and inserting in place thereof the following figure:- $154,694.
 

 

Judicial Salary Increases

SECTION 128.   Said section 4 of said chapter 211B is hereby further amended by striking out the figure "$154,694", inserted by section 127, and inserting in place thereof the following figure:- $159,694.
 

 

Judicial Salary Increases

SECTION 129.   Said section 4 of said chapter 211B, as appearing in the 2010 Official Edition, is hereby further amended by striking out, in line 5, the figure "$135,124" and inserting in place thereof the following figure:- $150,124.
 

 

Judicial Salary Increases

SECTION 130.   Said section 4 of said chapter 211B is hereby further amended by striking out the figure "$150,124", inserted by section 129, and inserting in place thereof the following figure:- $160,124.
 

 

Judicial Salary Increases

SECTION 131.   Said section 4 of said chapter 211B is hereby further amended by striking out the figure "$160,124", inserted by section 130, and inserting in place thereof the following figure:- $165,124.
 

 

Judicial Salary Increases

SECTION 132.   Said section 4 of said chapter 211B is hereby further amended by striking out, in line 6, amended by section 50 of chapter 93 of the acts of 2011, the figure "$140,358" and inserting in place thereof the following figure:- $155,358.
 

 

Judicial Salary Increases

SECTION 133.   Said section 4 of said chapter 211B is hereby further amended by striking out the figure "$155,358", inserted by section 132, and inserting in place thereof the following figure:- $165,358.
 

 

Judicial Salary Increases

SECTION 134.   Said section 4 of said chapter 211B is hereby further amended by striking out the figure "$165,358", inserted by section 133, and inserting in place thereof the following figure:- $170,358."
 

 

Mosquito Control District Budgets

SECTION 135.   The second paragraph of section 5A of chapter 252 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following sentence:- The certification shall not give the board the authority to modify the budget approved by a mosquito control project without the mosquito control project's approval.
 

Veto Explanation:
I am vetoing this section because it effectively prevents the State Reclamation Board from supervising the budgets of local mosquito control districts.

 

Compensation for Victims of Violent Crimes

SECTION 136.   Section 1 of chapter 258C of the General Laws, as so appearing, is hereby amended by inserting before the definition of "Claim" following definition:-

"Catastrophic injury", an injury that creates a permanent impairment for the victim, including: (i) a spinal cord injury involving paralysis; (ii) amputation of an arm, hand, foot or leg; (iii) severe brain injury; (iv) second or third degree burns on 25 per cent or more of the total body surface or third degree burns on 5 per cent or more of the face and hands; (v) total or functional loss of vision or hearing; (vi) severe communication, sensory or motor disturbances; or (vii) any other injury that would otherwise qualify pursuant to this chapter.
 

 

Compensation for Victims of Violent Crimes

SECTION 137.   Section 3 of said chapter 258C is hereby amended by striking out subsection (a), as so appearing, and inserting in place thereof the following subsection:-

(a) The maximum award for compensation to a claimant pursuant to this chapter shall be $25,000; provided, however, that the maximum award for compensation to a claimant with a catastrophic injury pursuant to this chapter shall be $50,000. If there are 2 or more claimants eligible for compensation arising out of a crime committed against 1 individual for the same crime, each claimant shall be entitled to the out-of-pocket losses of every other claimant. The cumulative total of all awards based on such crime shall not exceed $25,000; provided, however, that the cumulative total of all awards based on such crime for catastrophic injuries shall not exceed $50,000.
 

 

Compensation for Victims of Violent Crimes

SECTION 138.   Said section 3 of said chapter 258C is hereby further amended by striking out, in line 12, as so appearing, the figure "$6,500" and inserting in place thereof the following figure:- $8,000.
 

 

Compensation for Victims of Violent Crimes

SECTION 139.   Said chapter 258C is hereby further amended by adding the following section:-

Section 14. When a person files a claim pursuant to this chapter, no health care provider, as defined in section 1 of chapter 111, that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award has been made on the claim or until the claim has been denied. The period during which the health care provider shall be prohibited from conducting debt collection activities pursuant to this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt. For the purposes of this section, "debt collection activities" shall mean repeatedly calling or writing the claimant or threatening to turn the matter over to a debt collector, as defined in section 24 of chapter 93, for collection, enforcement or filing of other process; provided, however, that "debt collections activities" shall not include the routine billing or inquiries about the status of a claim.
 

 

UMass Building Authority Investment Policy

SECTION 140.   Section 4 of chapter 773 of the acts of 1960 is here by amended by striking out subsection (n), as appearing in section 5 of chapter 708 of the acts of 1983,and inserting in place thereof the following subsection:-

(n) To invest funds held by it, pending disbursement, which may be made pursuant to an investment policy established annually by the board, consistent with best investment practices and their fiduciary obligation.
 

 

MCPHS University

SECTION 141.   Chapter 208 of the acts of 1979 is hereby amended by striking out section 1 and inserting in place thereof the following section:-



Section 1. Thomas Farrington, Joseph Burnett, George S. Jones, and all such persons as are now members of an association known as "MCPHS University", or shall hereafter become members of the same, are hereby constituted a corporation and body politic, in law and in fact, by the name "MCPHS University", for the purpose of cultivating, improving, and making known the principles of pharmacy and allied health professions and their collateral branches of science and giving instruction in the same.

 

 

Delay FAS 109 Deduction

SECTION 142.   Subsection (2) of section 95 of chapter 173 of the acts of 2008 is hereby amended by striking out the figure "2014", inserted by section 140 of chapter 139 of the acts of 2012, and inserting in place thereof the following figure:- 2015.
 

 

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 "2013", inserted by section 143 of said chapter 139, and inserting in place thereof the following figure:- 2014.
 

 

Extend Authority to Terminate and Renegotiate Leases

SECTION 144.   Section 195 of chapter 131 of the acts of 2010 is hereby amended by striking out the figure "2013", inserted by section 146 of said chapter 139, and inserting in place thereof the following figure:- 2014.
 

 

Expenditures from Fiscal Year 2013 Surplus

SECTION 145.   Section 155 of chapter 139 of the acts of 2012 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) Notwithstanding any general or special law to the contrary, after certifying the amount of consolidated net surplus in the budgetary funds at the close of the preceding fiscal year under 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) $25,000,000 to the Massachusetts Community Preservation Trust Fund, established by section 9 of chapter 44B of the General Laws; (ii) $19,500,000 to the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws; (iii) $10,000,000 to the Housing Preservation and Stabilization Trust Fund, established by section 60 of chapter 121B of the General Laws (iv) $11,500,000 to the department of early education and care to be distributed to increase reimbursement rates for subsidized early education and care, for salaries, benefits and stipends for professional development of early education and care workers or programmatic quality improvements; (v) $11,500,000 to private human and social services providers for a 1 time rate reserve payment; provided, however, that item 1599-6901 of section 2 of chapter 139 of the acts of 2012 shall remain in effect in fiscal year 2014; (vi) $7,500,000 to the Social Innovation Financing Trust Fund, established by section 35VV of chapter 10 of the General Laws; and (vii) transfer the remaining undesignated fund balances from the budgetary funds contributing to the consolidated net surplus to the Commonwealth Stabilization Fund, established by section 2H of chapter 29 of the General Laws.
 

 

Behavioral Health Advisory Committee

SECTION 146.   The last sentence of the second parargraph of section 186 of said chapter 139 is hereby amended by striking out the words "on or before December 31, 2013" and inserting in place thereof the following words:- June 30, 2014.
 

 

Elder Protective Commission

SECTION 147.   Said chapterS 139 is hereby further amended by striking out section 204 and inserting in place thereof the following section:-

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, 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 5 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, 1 of whom shall be an expert in geriatric mental health, and 1 of whom shall be chosen from a list consisting of 2 candidates submitted by the speaker of the house and 2 candidates submitted by the senate president.

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 December 31, 2013.
 

 

Chapter 224 Assessment Definition

SECTION 150.   Paragraph (1) of subsection (c) of section 241 of said chapter 224 is hereby amended by striking out the words "reimbursements from Title XIX" and inserting in place thereof the following words:- "gross patient service revenue from Title XIX or Title XXI".
 

 

Ch.224 and GIC Inclusion

SECTION 151.   Section 253 of said chapter 224 is hereby amended by inserting after the words "health care services" the following words:- , group insurance commission.
 

 

Ch.224 Patient-Centered Medical Homes

SECTION 152.   Section 268 of said chapter 224 of the acts of 2012 is hereby amended by inserting after the word "ACOs", each time it appears, the following words:- patient-centered medical homes.
 

 

Gross Patient Service Revenue

SECTION 153.   The second paragraph of section 270 of said chapter 224 is hereby amended by inserting after the word "methodologies" the following words:- including, but not limited to, standard payment per discharge (SPAD) and payment per episode (PAPE) to disproportionate share hospitals with gross patient service revenue (GSPR) greater than 63% from governmental payers and free care, as determined by executive office of health and human services.
 

 

Extend Substance Abuse Services Fund

SECTION 154.   There shall be established and set up on the books of the commonwealth a Substance Abuse Services Fund. The commissioner of public health shall serve as the fund's trustee. Funds in the fund shall be used to expand inpatient treatment facilities and ongoing case management for individuals civilly committed under section 35 of chapter 123 of the General Laws. Prior to the end of fiscal year 2012, the comptroller shall transfer $10,000,000 from the General Fund to the Substance Abuse Services Fund. Upon the submission of a spending plan for this fund to the secretary of administration and finance, the house and senate committees on ways and means and the clerks of the house and senate, the commissioner may make expenditures from the fund for the purpose of expanding inpatient treatment facilities and ongoing case management. In developing the spending plan, the commissioner shall hold at least 1 public hearing and shall consult with the commissioner of mental health, the court administrator of the trial court, a representative of the Massachusetts Medical Society, a representative of the Massachusetts Organization for Addiction Recovery and a representative of the Association for Behavioral Healthcare. The commissioner shall submit a draft spending plan to the house and senate committee on ways and means 45 days prior to the submission of the final plan. This fund shall be in effect until June 30, 2014.
 

 

Utility Rates

SECTION 155.   Notwithstanding any general or special law to the contrary, for fiscal year 2014 the department of public utilities shall be authorized to add resources as needed to implement section 94 of chapter 164 of the General Laws, the costs of which shall be assessed directly on the gas and electric distribution companies on a proportional basis, based on historical distribution revenues.
 

 

SANE Benefits

SECTION 156.   (a) Notwithstanding chapter 150E of General Laws, positions and employees of the sexual assault nurse examiner program within the department of public health shall maintain salary and benefits in effect prior to the transfer of such positions and employees under subsection (a) of section 191 of chapter 139 of the acts of 2012 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.

(b) Notwithstanding chapter 150E of the General Laws, the department may fill vacancies in positions transferred under said subsection (a) of said section 191; 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.
 

 

Fertilizer Bylaws

SECTION 157.   Notwithstanding sections 2 and 65A of chapter 128 of the General Laws, sections 8 and 9 of chapter 262 of the acts of 2012 or any other general or special law to the contrary, any ordinance or by-law relative to nutrient management or establishing fertilizer guidelines enacted or adopted by a city or adopted by a town between July 31, 2012 and July 31, 2013 shall be enforceable by that city or town, notwithstanding any disapproval under section 32 of chapter 40 of the General Laws occurring prior to July 1, 2013.
 

 

Deposit Cambridge Courthouse Sale Proceeds in General Fund

SECTION 158.   Notwithstanding subsection (e) of section 20 of chapter 304 of the acts of 2008, the net cash proceeds of the sale of the former Edward J. Sullivan Courthouse in the city of Cambridge shall be deposited in the General Fund.
 

 

MassHealth and CommCare Dental Coverage

SECTION 159.   (a) Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2014, 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 45 days before restructuring any MassHealth dental benefits, the executive office of health and human services 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 the changes.

(b) Notwithstanding subsection (a) of section 6 of chapter 118H of the General Laws, for fiscal year 2014, 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.
 

 

Inspector General's Audits of Health Safety Net and MassHealth Program

SECTION 160.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2014, the office of the inspector general may continue to expend funds from the Health Safety Net Trust Fund, established in section 66 of chapter 118E of the General Laws:

(1) to conduct a study and review of the MassHealth program; provided that 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; provided further that 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, 2013 and issue a final report on or before March 1, 2014; and

(2) for costs associated with maintaining a pool audit unit within the office; provided that 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; provided further that the inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2014; and provided further, that for the purposes of these audits, allowable free care services shall be defined under said chapter 118E and any regulations adopted pursuant to that chapter.
 

 

Extend Authorization to Transfer Trust Balances

SECTION 161.   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 all or part of the unexpended balance of a fund, trust fund or other separate account, in existence on April 1, 2013, 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 that this balance, or the specified part of it, is not 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 before any such transfer; provided, however, that the comptroller may submit an alternative plan to further maximize revenue generation from additional trust fund balance transfers to the General Fund to the house and senate committees on ways and means not later than October 1, 2013.
 

 

Limits on UMass Fees

SECTION 162.   (a) Notwithstanding any special law to the contrary, if, upon the University of Massachusetts receiving the full allotment of their base appropriation in line item 7100-0200, in an amount not less than $478,691,873 for fiscal year 2014, the University of Massachusetts shall not increase mandatory curriculum fees for students at the University of Massachusetts for the fall 2013 school year; and if, upon the University of Massachusetts receiving the full allotment of their base appropriation in line item 7100-0200, in an amount not less than $518,755,373 for fiscal year 2015, the University of Massachusetts shall not increase mandatory curriculum fees for students at the University of Massachusetts for the school year beginning in the fall of 2014.

(b) The University of Massachusetts shall annually report to the house and senate committees on ways and means, the joint committee on higher education, the secretary of administration and finance and the secretary of education: (i) the status of the percentage of student education costs placed upon the student and subsidized by the commonwealth with the goal of providing education costs to students at an equal 50/50 share between the commonwealth and the students; and (ii) a comprehensive document articulating the efficiencies and effectiveness of initiatives and programs at the University of Massachusetts that save the commonwealth and students money and make the 5 campus system operate more efficiently.

(c) The University of Massachusetts shall report on or before December 1, 2013, to the senate and house committees on ways and means, the joint committee on higher education, the secretary of administration and finance and the secretary of education on how it will achieve the goal of providing education costs to students at an equal 50/50 share between the commonwealth and the students at each of the Amherst, Boston, Dartmouth and Lowell campuses of the university.
 

 

Essex Regional Emergency Communications Center Funds

SECTION 163.   (a) There is hereby established and set up on the books of the commonwealth, a separate fund to be known as the Essex Regional Emergency Communications Center Fund to be administered by the Essex county sheriff. The fund shall be used for the operation of the Essex Regional Emergency Communications Center to provide centralized emergency communication services to participating communities.

(b) There shall be credited to the fund amounts from the following sources:

(i) the per capita assessment based on population on each member city or town that has accepted and executed the RECC intermunicipal agreement for the joint provision of public safety communications, dispatch and operations services, or IMA;

and (ii) any other funding, including, but not limited to, appropriation, gift, grant, contribution, transfer or investment.

(c) The Essex county sheriff shall annually assess on each member city or town its proportionate share of the net costs of operating the RECC in accordance with the annual budget approved by the finance advisory board established by the IMA. The sheriff shall certify such costs for the ensuing fiscal year to the department of revenue to be included as an assessment on each participating city or town's cherry sheet.

(d) Amounts credited to the fund shall be available for expenditure by the Essex county sheriff, without further appropriation. Expenditures from the fund shall be made for the operating costs of the RECC in compliance with the annual operating plan and budget adopted by the finance advisory board under the IMA; provided, however, that funds shall not be used toward the capital budget requirements of the Essex County Regional Emergency Communications Center. Any unexpended balance in the fund shall not revert and shall be available in the subsequent fiscal year; provided, however, that any unexpended balance from the state 911 department funding shall revert to said department.

(e) The Essex county sheriff, in consultation with the director of the RECC, shall report annually to the general court: its planned expenditures for the next fiscal year; the expenditures made in the last fiscal year; and the balance remaining in the fund. The report shall be filed on or before October 31 with the clerks of the house of representatives and senate and forwarded to the house and senate committees on ways and means.
 

 

Study Commission on Dental Insurance

SECTION 164.   (a) There shall be a special commission on dental insurance. The commission shall review carrier contracts with dental providers and the methods by which dental providers are reimbursed for services provided to persons covered under the carriers' dental plans. The commission shall study all facets of fees charged by dentists within network dental plans, including those limited by the terms of a dentist's contract with carriers. The commission shall make recommendations to ensure that contract terms and methods of reimbursing dental providers promote the delivery of quality and affordable dental care in the commonwealth.

(b) The commission shall be comprised of the following 21 members: the undersecretary of the office of consumer affairs and business regulation, or a designee, who shall serve as chair; the commissioner of insurance, or a designee; the executive director of the group insurance commission, or a designee; the executive director of the commonwealth health insurance connector authority, or a designee; the MassHealth director or a designee; the executive director of the health policy commission, or a designee; 2 members of the senate appointed by the senate president; 2 members of the house of representatives appointed by the speaker of the house; 1 member of the senate and 1 member of the house of representatives appointed by the minority leader of each; 2 dentists appointed by the Massachusetts Dental Society, 1 of whom shall be a general dentist and 1 of whom shall be a specialist; 1 representative of each of the following 4 organizations: the Retailers Association of Massachusetts, the Life Insurance Association of Massachusetts, Health Law Advocates and Health Care for All; and 3 persons to be named by the chair, 1 of whom shall represent a medical service corporation authorized to operate pursuant to chapter 176B of the General Laws, and 1 of whom shall represent a dental service corporation authorized to operate pursuant tochapter 176E of the General Laws.

(c) The commission shall hold its first meeting within 60 days after passage of this act. The commission shall file a report detailing its work and findings, including any legislative recommendations, with the clerks of the house of representatives and the senate on or before December 31, 2013.
 

 

Commission in Higher Ed Quality and Finance

SECTION 165.   (a) There shall be a special commission on higher education quality, efficiencies and finance to consist of: the secretary of education, or a designee, who shall serve as chair; the commissioner of higher education or a designee; the president of the University of Massachusetts system or a designee; the house and senate chairs of the joint committee on higher education or their designees; and 6 persons to be appointed by the secretary of education, 1 of whom shall be selected from a list of 3 nominees submitted by the Massachusetts Teachers Association, 1 of whom shall be selected from a list of 3 nominees submitted by the council of presidents of the state university system, 1 of whom shall be selected from a list of 3 nominees submitted by the Massachusetts Community Colleges executive office, 1 of whom shall be selected from a list of 3 nominees submitted by the Association of Independent Colleges and Universities in Massachusetts, 1 of whom shall be selected from a list of 3 nominees submitted by the Massachusetts Competitive Partnership and a student representative currently enrolled in a public higher education institution in the commonwealth.

(b) The commission shall seek to define the requirements of a high quality system of public higher education that meets the needs of students and the commonwealth and to define a sustainable model of financing such a system and the appropriate relative contributions of students and families, the commonwealth, and all other sources, including federal grants.

(c) The commission shall examine, report on and make recommendations on the full range of issues affecting public higher education quality and financing including, but not limited to: (i) leveraging current efficiencies and reforms, including performance incentive grants and the partnership for collaboration and efficiencies initiative; (ii) working to better understand and allocate all available resources to the campuses, including understanding current revenue structures; (iii) enhancing operational efficiencies in the areas of human resources, purchasing and information technology and eliminating redundancies; (iv) rationalizing the definition of tuition and fees in a manner that is transparent and consumer friendly; (v) re-evaluating the historical financing mechanisms that now restrict coherent fiscal planning, including, but not limited to, tuition retention and the fiscal structure of continuing education classes; (vi) reviewing currently offered tuition and fee waivers, including: (1) which waivers are still of policy value; (2) which should be the fiscal responsibility of campuses and which should be the fiscal responsibility of the commonwealth; and (3) addressing the loss of revenue to campuses from the implementation of tuition retention and a redefinition of tuition and fees; (vii) integrating campus capital planning with operating expenditures, including an itemized review of expenditures of $50,000 or greater; (viii) evaluating the appropriate adjunct faculty to full-time faculty ratio, with a review of the use of adjunct or part-time faculty, adjunct faculty under the current system, the number and use of full-time and tenure-track faculty across the system and the ability of the current system to attract and retain highly qualified faculty and staff; (ix) assessing the number of developmental students being served under the current system and at which institutions, and the adequacy of academic and related support systems in place for both the number and types of students served; and (x) maximizing student investment while attending an institution for public higher education. In particular, the commission shall recommend improved efficiencies of operation in public higher education that could lead to cost savings and improvements to fiscal controls, planning and cost allocation. Subject to appropriation, the commission may hire temporary staff or consultants to assist with the research and development of any policy recommendations of the commission. The first meeting of the commission shall take place within 45 days after the effective date of this section. The commission shall file a report detailing its recommendations, including legislation necessary to carry out its recommendations, with the clerks of the senate and house of representatives on or before June 30, 2014.
 

 

Early Education and Care Commission

SECTION 166.   a) There shall be a special commission to make an investigation and study of the cost of administering early education and care services in the commonwealth and make recommendations to enhance said services where appropriate and necessary. The special commission shall consist of the commissioner of early education and care, who shall serve as chair; the secretary of administration and finance, or a designee; the house and senate chairs of the joint committee on education, or their designees, and the house and senate chairs of the joint committee on children, families, and persons with disabilities, or their designees; the ranking minority members of the house and senate on the joint committee on education, or their designees; the child advocate, or a designee; the commissioner of elementary and secondary education, or a designee with experience in elementary school transition; the Executive Director of the Massachusetts Head Start Association, or a designee; a representative of the Massachusetts Early Education and Care Association; the commissioner of transitional assistance, or a designee; the commissioner of children and families, or a designee; and 3 members appointed by the governor, 1 of whom shall be a provider of early education and care, and 1 of whom shall be a social worker with experience in serving families with children; a representative of the Massachusetts Teachers Association; and a representative of the AFT-MA.

(b) The commission shall collect and examine data relative to the need for greater access to affordable, quality early education and care and the timely placement of children in early education and care programs. The commission shall assess the funding and programming needed to enhance early education and care services, including maximizing cost-savings through targeted efficiency measures and entering into public-private partnerships to bolster the timely placement of children in affordable, quality early education and care programs. The commission shall also examine methods for addressing the high cost of child care and expanding the availability of affordable child care services for families receiving transitional assistance, including an examination of methods for determining initial and continuing eligibility for such services.

(c) The commission, in formulating its recommendations, shall take into account the best policies and practices related to financing and administering early education and care in other states and jurisdictions, including but not limited to, those relating to budgeting and assessment strategies. The commission shall be empowered to hold regular public meetings, fact-finding hearings and other public forums as it considers necessary. The commission may, subject to appropriation, hire an independent consultant to conduct the research and assist with the preparation of any recommendations. 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 December 31, 2013.
 

 

MassHealth Savings Report

SECTION 167.   Notwithstanding any general or special law to the contrary, MassHealth shall, not later than October 1, 2013, 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 of health and human services will pursue in fiscal year 2014 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, 4000-0940, 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 45 days in advance of implementing any proposed rate cuts to providers or service cuts to members.
 

 

Tobacco Settlement Transfer Payment Authorization

SECTION 168.   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 2014 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378, shall be deposited into the General Fund. Notwithstanding section 3 of said chapter 29D or any general or special law to the contrary, the comptroller shall transfer 100 per cent of the earnings generated in fiscal year 2014 from the Health Care Security Trust, as certified under paragraph (f) of said section 3 of said chapter 29D, to the General Fund.
 

 

Procurement Savings

SECTION 169.   (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 2014, 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 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, 2013 the secretary of administration and finance determines that allotment reductions related to procurement reforms or initiatives in fiscal year 2014 shall 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 before 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 2014.
 

 

Effective Collective Bargaining Agreements

SECTION 170.   The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:

(1) between the commonwealth and the Coalition of Public Safety, Unit 5;

(2) between the commonwealth and the Massachusetts Nurses Association, Unit 7;

(3) between the commonwealth and the Professional Firefighters of Massachusetts, Unit 11;

(4) between the Hampden sheriff and the National Correctional Employees Union, Unit SH4;

(5) between the Hampden sheriff and the Non-Uniform Correctional Association, Unit SH2; and

(6) between the Hampden sheriff and the Superior Correctional Officer Association, Unit SH3.
 

 

Trial Court Transferability

SECTION 171.   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, 2014, 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 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.
 

 

Stabilization Fund Transfers

SECTION 172.   (a) Notwithstanding any general or special law to the contrary, the comptroller may, on or before June 30, 2014, transfer $350,000,000 to the General Fund from the Commonwealth Stabilization Fund; provided, however, the comptroller shall 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 any general or special law to the contrary, the comptroller shall, on or before June 30, 2014, transfer the interest earned from the Commonwealth Stabilization Fund during fiscal year 2014 to the General Fund.
 

 

Medical Security Trust Fund ending balance

SECTION 173.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer to the Commonwealth Care Trust Fund established by section 2OOO of chapter 29 of the General Laws all of the unexpended balance in the Medical Security Trust Fund.
 

 

Nursing and Resident Care Facility Rates

SECTION 174.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective July 1, 2013, under section 13D of chapter 118E of the General Laws may be developed using the costs of calendar year 2005.
 

 

Nursing Facility Assessment

SECTION 175.   Notwithstanding any general or special law to the contrary, the nursing home assessment established by subsection (b) of section 63 of chapter 118E of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2014.
 

 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 176.   Notwithstanding any general or special law to the contrary, on or before October 1, 2013 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established pursuant to section 66 of chapter 118E of the General Laws the greater of $45,000,000 or one-twelfth of the total expenditures to hospitals and community health centers required pursuant to this act, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2013. 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, not later than June 30, 2014, the amount authorized by this section and any allocation of that amount as certified by the director of the health safety net office.
 

 

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 to pursue federal reimbursement or avoid costs, third-party liability and recoup payments to third parties. Federal reimbursement for any expenditure 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 2014; 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 2014. 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.
 

 

Out-of-State Purchasing

SECTION 178.   Notwithstanding any general or special law to the contrary, the bureau of purchased services in the operational services division which, under section 22N of chapter 7 of the General Laws is responsible for determining prices for programs under chapter 71B of the General Laws, shall authorize the annual price for out-of-state purchasers requested by a program, not to exceed a maximum price determined by the bureau by identifying the most recent price calculated for the program and applying the estimated rate of inflation for each year, as determined by the bureau under said section 22N of said chapter 7, in which the rate of inflation is frozen beginning with fiscal year 2004, in a compounded manner for each fiscal year.
 

 

Suspension of Tourism Formula

SECTION 179.   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 2014.
 

 

Pension Cost of Living Adjustment

SECTION 180.   Notwithstanding any general or special law to the contrary, the amounts transferred under subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth's Pension Liability Fund established by section 22 of said chapter 32. The amounts transferred under said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations under 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, under section 102 of said chapter 32, for the reimbursement of local retirement systems for previously authorized cost of living adjustments under said section 102 of said chapter 32 and for the costs of increased survivor benefits under chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to the rules adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers, including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees'or state teachers' retirement systems and also including the commonwealth's share of the amounts to be transferred under section 22B of said chapter 32 and the amounts transferred under clause (a) of the last paragraph of section 21 of chapter 32 of the General Laws. All payments for the purposes described in this section shall be made 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 under section 40 of chapter 15A of the General Laws. To the extent that the amount transferred under 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, to reduce the unfunded pension liability of the commonwealth.
 

 

DOC Food Reprocurement

SECTION 181.   Notwithstanding any general or special law to the contrary, the department of correction shall reprocure food and commissary services provided at all institutions with a contract to decrease expenses and increase efficiencies throughout the department. The department shall solicit new bids for such services and reprocurement shall be subject to an open and competitive bid process. The department of correction shall file a report with the house and senate committees on ways and means on the reprocurement progress and projected cost-savings on or before January 15, 2014. In executing the reprocurement of such services, the department shall notify each county sheriff who may elect to participate in the reprocurement of such services.
 

Veto Explanation:
I am vetoing this section because the Department of Correction recently reprocured its food and commissary contracts after lengthy processes, and it cannot interfere with existing contracts.

 

Illegal Tobacco Commission

SECTION 182.   There shall be a special commission to study the economic impact of the illegal tobacco market in the commonwealth which shall consist of: the commissioner of revenue or a designee, who shall serve as the chair; the state treasurer or a designee; 1 member of the house of representatives; 1 member of the senate; the secretary of administration and finance or a designee; the attorney general or a designee; the executive director of the Northeast Association of Wholesale Distributors or a designee; the executive director of the New England Convenience Store Association or a designee; and 1 person to be appointed by the governor.

The commission shall study and report on the illegal tobacco distribution industry in the commonwealth and the resulting loss of tax revenue. The commission shall investigate, report and make recommendations relative to: (1) the regulation, oversight, distribution and sale of all tobacco products sold in the commonwealth; (2) the illegal tobacco market in the commonwealth; (3) the loss of tobacco excise and sales tax revenues in the commonwealth as a result of the illegal tobacco market; (4) methods to maximize the collection of tobacco excise and sales tax revenues being lost to the illegal market; and (5) enforcement and penalties for violations of laws relative to the collection and reporting of all tobacco taxes under chapter 64C of the General Laws.

The commission shall convene not later than November 1, 2013. The commission shall prepare a report detailing 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 senate and house of representatives, the chairs of the house and senate committees on ways and means and the senate and house chairs of the joint committee on revenue not later than March 1, 2014.
 

 

Study Public-Private Partnerships

SECTION 183.   There shall be established a public-private partnership commission that shall review and evaluate the administration and fiscal impact of public-private partnership policies or other alternate finance and delivery methods in the commonwealth, including, but not limited to, design-build-finance-operate-maintain servicesor design-build-operate-maintain services, as defined in section 62 of chapter 6C. The commission shall make recommendations to the general court on the current practices, administrative efficiency and cost benefit of increased usage of public-private partnerships or alternate finance and delivery methods. A report of the commission's findings shall be filed with the clerks of the house of representatives and the senate on or before June 30, 2014, which shall include any recommendations regarding changes to the administration or evaluation of the current policies governing public-private partnerships or other alternate finance and delivery methods in order to maximize opportunities to meet public infrastructure needs. The report shall also include an examination of how public-private partnerships and alternate finance and delivery methods may be applied to various types of infrastructure projects including but not limited to transportation, higher education facilities and housing and economic development projects.

The commission shall have 15 members: the secretary of administration and finance or the secretary's designee, who shall serve as chair; the state treasurer and receiver general or the treasurer's designee; the inspector general or the inspector general's designee; the secretary of housing and economic development or the secretary's designee; the secretary of transportation or the secretary's designee; 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; 1 of whom shall be appointed by the minority leader of the senate; 1 of whom shall be appointed by the minority leader of the house of representatives; and 6 members to be appointed by the governor, 1 of whom shall represent organized labor; 1 of whom shall be a representative of the business community; 1 of whom shall be a representative of public higher education; 1 of whom shall be a representative of the Massachusetts Organization of State Engineers and Scientists; 1 of whom shall be a representative of the Massachusetts chapter of the American Institute of Architects; and 1 of whom shall be a representative of a regional planning agency.
 

 

DTA eligibility changes

SECTION 184.   Notwithstanding any general or special law to the contrary, the director of the bureau for program integrity shall review the management and operations of the department of transitional assistance, including any reports conducted by external consultants, and recommend whether the current organizational structure is effective for ensuring that only those persons who are eligible receive public benefits. In examining the organizational structure, the director shall study and report on whether the department would benefit from additional investigators to work with caseworkers to identify cases of waste or abuse. The director shall also make recommendations on a standardized filing system for case file organization to be implemented throughout all of the department's offices. The director shall make a report to the general court on the director's recommendations by filing the same with the clerks of the senate and the house of representatives on or before March 1, 2014.
 

 

DOR Reporting on Taxes Applied to Medical Equipment

SECTION 185.   Notwithstanding any general or special law to the contrary, the department of revenue shall examine and report on the fiscal impact to the revenues of the commonwealth in providing an exemption from the sales and use tax to medical equipment that is deemed medically necessary and prescribed by a physician. Such medical equipment may include infusion pumps used to deliver drugs to patients who require intravenous fluids, antibiotics, chemotherapy, pain management, blood products, biotechnology agents and any other intravenous infusions ordered by a physician and related disposables including administration sets, extension sets, filters, needle-less connectors, sterile covers, syringes/needles, alcohol wipes, gloves, tape, and sharps containers; central venous catheters, peripherally inserted central catheters, ports or peripheral intravenous catheters, central venous dressing kits, venous access device kits, Huber needles, and securing devices; continuous positive airway pressure (CPAP) and Bi-level positive airway pressure (BIPAP) supplies, including tubing, headgear, nasal masks, full masks, and filters; suction machines used in the care of a patient's tracheostomy, including suction canisters, suction connecting tubing, suction catheters, trach care kits, peroxide, sterile sponges, sterile q-tips, and gloves; and other durable medical equipment, including bathroom commodes, nebulizers, and aerosol-generating devices. The department shall submit a report to the joint committee on revenue and the house and senate committees on ways and means on or before October 1, 2013.
 

 

Commision on Elder LGBT Support

SECTION 186.   There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to investigate, analyze and study the health, housing, financial, psychosocial and long-term care needs of older lesbian, gay, bisexual and transgender, hereinafter LGBT, adults and their caregivers and to make recommendations to improve access to benefits and services where appropriate and necessary. The special commission shall consist of 20 members: the house and senate chairs of the joint committee on elder affairs or their designees, who shall serve as co-chairs; the secretary of elder affairs or a designee; the director of housing and community development or a designee; the commissioner of public health or a designee; the director of the LGBT Aging Project or a designee; the president of Fenway Health or a designee; the executive director of the Gay & Lesbian Advocates & Defenders or a designee; a representative of the National Association on HIV Over Fifty, Inc.; the executive director of MassEquality or a designee; the executive director of the Mass Home Care or a designee; the director of AARP Massachusetts or a designee; the executive director of the Massachusetts Association of Councils on Aging, Inc. or a designee; the director of the Massachusetts Senior Care Association or a designee; the director of the Massachusetts Council for Home Care Aides Services, Inc. or a designee; and 5 members appointed by the governor, 1 of whom shall be a member of the Massachusetts bar who practices elder law, 1 of whom shall be an expert in LGBT public policy or research and 3 LGBT elders, at least 1 of whom shall be transgender. The governor's appointees shall ensure that the commission has at least 1 representative from each of the following areas: Cape Cod, western Massachusetts and central Massachusetts.

          The commission shall: examine the impact of state policies and regulations on LGBT older adults and make recommendations to ensure equality of access, treatment, care and benefits; examine strategies to increase provider awareness of the needs of LGBT older adults and their caregivers and to improve the competence of and access to treatment, services and on-going care, including preventive care; assess the funding and programming needed to enhance services to the growing population of LGBT older adults; examine best practices for increasing access, reducing isolation, preventing abuse and exploitation, promoting independence and self-determination, strengthening caregiving, eliminating disparities and improving quality of life; examine whether certain policies and practices, or the absence thereof, promote the premature admission of LGBT older adults to institutional care; recommend, as appropriate and necessary, lower cost and culturally appropriate home and community-based alternatives to institutional care; examine the feasibility of developing statewide training curricula to improve provider competency in the delivery of health, housing and long-term support services to older LGBT adults and their caregivers; and examine outreach protocols to reduce apprehension among LGBT elders and caregivers of utilizing mainstream providers.

The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions. The commission may 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, not later than 12 months after the first time the commission is convened.
 

 

Elder Economic Security Commission

SECTION 187.   There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to make an investigation and study of elder economic security and to make recommendations to increase elder economic security 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 undersecretary of consumer affairs and business regulation or a designee; the executive director of Mass Home Care 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 president of the Alzheimer's Association or a designee; the executive director of Massachusetts Senior Action Council or a designee; the executive director of Massachusetts Association of Older Americans or a designee; the director of the Gerontology Institute at the University of Massachusetts at Boston or a designee, a legal services attorney specializing in elder law or a designee; and 4 members to be appointed by the governor, 1 of whom shall be a member of the Massachusetts bar who specializes in the area of elder law, 1 of whom shall be an expert in geriatric mental health, 1 of whom shall be an expert in financial services and 1 of whom shall be an expert in home care service delivery.

          The commission shall examine strategies to increase elder economic security and enable older residents to remain in the commonwealth and in their communities. The commission shall assess older adults' current levels of economic security, identify the policy and program options now available to older adults and consider best practices for enhancing elder economic security including, but not limited to, using measures such as the Massachusetts Elder Economic Security Standard. The commission shall assess current state and local programming and related funding needed to increase economic security for the growing elder population.

The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions. The commission may hold regular public meetings, fact-finding hearings and other public forums as it considers necessary.

          The commission shall file its recommendations, together with drafts of legislation necessary to carry those recommendations into effect, with the clerks of the senate and house of representatives not later than June 30, 2014.
 

 

Chelsea Creek Construction

SECTION 188.   Notwithstanding the provisions of sections 14 and 34 of chapter 91 of the General Laws or any other general or special law to the contrary, an exemption is hereby authorized from the harbor lines in the vicinity established by chapter 204 of the acts of 1849, chapter 344 of the acts of 1887 or otherwise adopted as state harbor lines. The approximate location of the exemption to the harbor lines hereby established is as shown on a plan entitled, "Proposed Area of Exemption from Harbor Lines in Chelsea Creek", dated April 10, 2013. A final plan showing the specific location of the exemption area shall be incorporated in the waterways license to be issued subsequent to the effective date of this section.
 

 

Report on Oral Health

SECTION 189.   The department of public health's office of oral health and the center for health information and analysis shall submit a report not later than December 31, 2013 to the house and senate chairs of the joint committee on public health, the house and senate chairs of the joint committee on health care financing, the chairs of the house and senate committees on ways and means on the oral health care needs of residents living with disabilities. The report shall include, but not be limited to, the following information: (i) barriers to accessing dental health care for persons living with disabilities; (ii) the capacity of the current dental health care system to address the oral health needs of persons living with disabilities, with a focus on the availability of specialized equipment, the extent of provider training to treat this population and any geographic disparities that may exist; and (iii) a projection of what additional resources, if any, are necessary to fully address this need.
 

 

Divison of Insurance Medicaid and Mental Health

SECTION 190.   The division of insurance and the office of Medicaid, under sections 254 and 265 of chapter 224 of the acts of 2012, shall implement regulations by October 1, 2013 that shall include: (i) a process for carriers and the office of Medicaid's programs to certify and specifically outline how the plans are compliant with the applicable federal and state mental health parity laws; (ii) a requirement that carriers notify consumers of their rights under the applicable federal and state parity laws, including their right to file a complaint or grievance with the commonwealth alleging noncompliance and the avenues to file such a complaint; and (iii) details on how the division of insurance and the office of Medicaid shall review consumer complaints and grievances alleging carrier noncompliance with applicable federal and state mental health parity laws, including timelines.
 

 

Open Road Tolling and the MassDOT Workforce

SECTION 191.   The Massachusetts Department of Transportation shall report to the joint committee on transportation a transition plan for the existing toll collection workforce before the department implements an open road tolling system. The report shall include a plan to offer training to the employees for new positions available in the department under any open road or free flow system. The report shall be filed with the joint committee on transportation not later than January 1, 2014.
 

 

State Police Examination List

SECTION 192.   Notwithstanding section 11 of chapter 22C of the General Laws or any other general or special law to the contrary or the certification of a successor eligible list created from the 2013 police officer entrance examination, all active candidates for appointment to the eighty-first recruit training troop of the state police shall reserve all rights and privileges associated with their placement on the 2009 eligible list; provided, that all such rights and privileges provided by this section shall expire within 15 days of the start of the eighty-first recruit training troop.
 

 

Education grants

SECTION 193.   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 2014 before 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, however, 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 nonprofit research organizations. Each administering agency shall develop a request for proposals for program evaluators based on the criteria included in this section not later than August 15, 2013, and shall select an evaluator not later than October 1, 2013. 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 on relevant findings and analysis not later than March 15, 2014.
 

 

General Appropriation Act Electronic Reporting Requirement

SECTION 194.   Notwithstanding any general or special law to the contrary, all secretariats, departments and agencies required to submit reports under this act shall file their reports by the dates required in this act via electronic means to the chairs of any committees named as recipients as well as with the clerks of the senate and the house of representatives? provided, however, that the house and senate clerks shall develop procedures and requirements for secretariats, departments and agencies for the preparation of the reports to facilitate their collection and storage and the reports shall be made available to the public on the general court's website.
 

 

Suspension of Tourism Formula Study Commission

SECTION 195.   (a) There shall be a tourism formula commission established pursuant to section 2A of chapter 4 of the General Laws to examine the distribution of funds in the Massachusetts Tourism Fund. The commission shall review and evaluate the current funding formula and determine if any revisions are necessary for achieving a fair and equitable funding formula that will ensure funding is cost-effective and that funds are distributed in the most cost-effective manner to the office of travel and tourism, the Massachusetts Convention Center Authority, the tourist promotion agencies listed under section 14 of chapter 23A of the General Laws, the Massachusetts Cultural Facilities Fund and the Massachusetts international trade office.

(b)The commission shall report the results of its examination, review and evaluation with the clerks of the senate and the house of representatives, the senate and house committees on ways and means and the joint committee on tourism, arts and cultural development not later than May 1, 2014. The commission shall hold 1 or more public hearings before issuing the report.

(c)The commission shall consist of the following members or their designee: 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on tourism, arts and cultural development, who shall serve as co-chair of the commission, and 1 of whom shall be appointed by the minority leader; 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on tourism, arts and cultural development, who shall serve as co-chair of the commission, and 1 of whom shall be appointed by the minority leader; and 3 persons to be appointed by the governor. The commission shall convene not later than 60 days after the effective date of this section.
 

 

ART Commission

SECTION 196.   Notwithstanding any general or special law to the contrary, the term of the sitting members of the art commission for the commonwealth established in section 19 of chapter 6 of the General Laws shall expire 90 days after the effective date of this section.

The initial membership of the art commission for the state house to be appointed under section 20 of chapter 6 of the General Laws shall be appointed as follows: the members to be appointed by the governor shall be appointed for 2-year terms; of the members to be appointed by the senate president, 1 shall be appointed for a 3-year term and 1 shall be appointed for a 4-year term; of the members appointed by the speaker of the house of representatives, 1 shall be appointed for a 3-year term and 1 shall be appointed for a 4-year term. The governor, senate president and speaker of the house of representatives shall make these appointments to the commission within 90 days after the effective date of this act.

Nothing in this section shall preclude a sitting member of the art commission for the commonwealth established in section 19 of chapter 6 of the General Laws from being appointed to the art commission for the state house established in section 20 of said chapter 6.
 

 

DCAM Conveyance of UMS Lowell Property

SECTION 197.   (a) Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, with the consent and approval of the University of Massachusetts at Lowell, shall convey to the city of Lowell a parcel of land formerly owned by the city of Lowell in the city of Lowell and, as more particularly described below, to the city of Lowell for municipal purposes.

The parcel to be conveyed contains approximately 171,294 square feet. The parcel is bounded and described as follows: Beginning at a point in the southerly line of Pawtucket Boulevard at an angle in the southerly line, easterly of the easterly line of Boulevard Street about Station 27685.46 as shown on Sheet 6 of Layout 4478 dated August 28, 1956, as shown on plan entitled "The Commonwealth of Massachusetts, Plan of Road in the city of Lowell, Middlesex County, laid out as a state highway by the department of public works, Scale 40 feet to an inch"; thence easterly along the southerly line of Pawtucket Boulevard four hundred ninety-seven (497) feet plus or minus to a point; thence southerly at an interior angle with the last described line through land of the city of Lowell four hundred and eighteen (418) feet feet plus or minus to the Merrimack River; thence westerly at an interior angle with the last described line along the Merrimack River four hundred and five (405) feet plus or minus to a point; thence northerly at an interior angle with the last described line three hundred and forty-eight (348) feet plus or minus to the point of beginning. Containing 171,294 square feet plus or minus and being the same premises as shown on plan entitled, "Compiled Subdivision of Land in Lowell, Mass., belonging to the City of Lowell, - Parcel A to be conveyed to Lowell Technological Institute - Compiled October 7, 1963, Scale 100 ft. = 1 inch, City Engineer's Office, Lowell, Mass., George M. McDonough, City Engineer".

(b) Conveyance of the parcel described in subsection (a) shall represent the final remaining property transfer between the University of Massachusetts at Lowell and the city of Lowell with respect to the property transactions concerning the 2010 University of Massachusetts at Lowell acquisition of the Tsongas Arena from the City of Lowell.
 

 

SANE Benefits II

SECTION 198.   Section 158 is hereby repealed.
 

 

Conveyance of Land

SECTION 199.   (a) Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the Massachusetts Water Resources Authority, may convey to the Massachusetts Port Authority a certain parcel of land shown as lot 2 on a plan on file with the division and described in a deed from the Massachusetts Port Authority to the commonwealth, acting through its metropolitan district commission, recorded with the Suffolk registry of deeds at book 11738, page 82, subject to and with the benefit of all easements and restrictions of record. The Massachusetts Port Authority previously conveyed lot 2 to the commonwealth, acting by and through its metropolitan district commission, for consideration of $1 by deed recorded with the Suffolk registry of deeds at book 11738, page 82. The Massachusetts Port Authority shall acquire the property thereon in its present condition.

(b) The Massachusetts Port Authority shall demolish the existing pump station located on the parcel of land that was previously operated by the Massachusetts Water Resources Authority and the Massachusetts Water Resources Authority shall reimburse the Massachusetts Port Authority for an amount equal to one half the actual costs of the demolition but not than $50,000.

(c) Following the demolition of the existing pump station, the Massachusetts Port Authority shall include the parcel described in subsection (a) as part of a marsh overlook amenity within the Greenway Connector bike and pedestrian trail.

(d) The consideration for the conveyance under subsection (a) shall be $1. The Massachusetts Port Authority shall be responsible for all costs and expenses of the transaction authorized in this section including, without limitation, any engineering, survey, title examination, recording fees and deed preparation, and all costs, liabilities and expenses of any nature and kind for its ownership.

(e) The parcel shall be conveyed by deed without warranties or representations by the commonwealth other than quitclaim covenants of title.
 

 

Coastal Erosion Task Force

SECTION 200.   Notwithstanding any general or special law to the contrary, there shall be a special commission on coastal erosion defense to consist of the secretary of energy and environmental affairs or a designee, the director of coastal zone management, the commissioner of conservation and recreation, the commissioner of environmental protection or a designee, and 10 persons to be appointed by the governor, 3 of whom shall be elected municipal officials from coastal communities, 2 of whom shall be conservation agents from coastal communities, 1 of whom shall be a representative of a membership-based environmental organization, 1 of whom shall be a representative of coastal property owners, 1 of whom shall be a coastal geologist with relevant experience and knowledge pertaining to coastal erosion, 1 of whom shall be a civil engineer with relevant experience and knowledge pertaining to coastal erosion and 1 of whom shall be a representative of the citizens of the commonwealth, to investigate and document the levels and impacts of coastal erosion in the commonwealth. The commission shall also develop a strategy and recommendations to reduce, minimize or eliminate the magnitude and frequency of coastal erosion and its adverse impacts on property, infrastructure, public safety and beaches and dunes.

          In the performance of its investigation, the commission shall make a reasonable assessment of coastal erosion and a corresponding appraisal of the financial amount of damage to property, infrastructure and beach and dune resources which has been sustained from 1978 to the present and a reasonable estimate of the value of damages likely to occur in the next 10 years under current conditions, regulations and laws.

          Based on those assessments, the commission shall evaluate all current rules, regulations and laws governing the materials, methodologies and means which may be used to guard against and reduce or eliminate the impacts of coastal erosion and shall examine any possible changes, expansions, reductions and laws which would improve the ability of municipalities and private property owners to guard against or reduce or eliminate the impacts of coastal erosion without undue adverse environmental impacts. The commission shall focus particularly on increasing the availability of cost-effective measures to protect against coastal erosion.

          The executive office of energy and environmental affairs and its subdivisions shall provide technical support to the commission.

          The commission shall file its report, together with recommendations for changes to improve protection against coastal erosion with the clerk of the senate and the clerk of the house of representatives not later than March 1, 2014.
 

 

Catastrophic Illness in Children Relief Fund

SECTION 201.   Notwithstanding any general or special law to the contrary, the catastrophic illness in children relief fund commission, established pursuant to chapter 111K of the General Laws, may expend funds in the Catastrophic Illness in Children Relief Fund, in consultation with the secretary of administration and finance, in anticipation of revenue in fiscal year 2014.
 

 

Tax Settlement Revenue

SECTION 202.   Notwithstanding any general or special law to the contrary, in fiscal year 2014, prior to certifying the consolidated net surplus under section 5C of chapter 29 of the General Laws, the comptroller shall transfer from the Commonwealth Stabilization Fund, established pursuant to section 2H of chapter 29 of the General Laws, to the General Fund the lesser of: (i) 1/2 the amounts transferred to the Commonwealth Stabilization Fund under the third paragraph of said section 2H of said chapter 29 in fiscal year 2014; or (ii) $35,000,000.
 

 

Tobacco Settlement OPEB Transfer 1

SECTION 203.   Notwithstanding any general or special law to the contrary, section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2014; provided that the deposit to the State Retiree Benefits Trust Fund required under said section 152 of said chapter 68 for fiscal year 2014 shall be met under section 206.
 

 

State Retiree Benefits Trust Fund

SECTION 204.   Notwithstanding section 1 of chapter 29D of the General Laws or any other general or special law to the contrary, the unexpended balances in items 0699-0014, 0699-0015, 0699-0019, 0699-2005 and 0699-9100 shall be deposited into the State Retiree Benefits Trust Fund, established by section 24 of chapter 32A of the General Laws, not later than June 30, 2014. The amount deposited shall be an amount equal to 20 per cent of all payments received by the commonwealth in fiscal year 2014 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; provided, however, that if, in fiscal year 2014, the unexpended balances of items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 is less than 20 per cent of all payments received by the commonwealth in fiscal year 2014 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from payments received by the commonwealth under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378.
 

 

Employer Medical Assistance Contribution 7

SECTION 205.   Notwithstanding section 108, the director of unemployment assistance shall have the authority to collect any outstanding fair share employer contributions established pursuant to section 188 of chapter 149 of the General Lawsfor obligations arising prior to July 1, 2013. The collection of any outstanding contributions shall be conducted in accordance with the regulations promulgated by the department of unemployment assistance pursuant to said section 188 of said chapter 149.
 

 

Employer Medical Assistance Contribution 10

SECTION 206.   Notwithstanding section 108, the department of unemployment assistance shall maintain the "Fair Share Unit" until all fair share employer liabilities through June 30, 2013, are accounted for.
 

 

Report on Taxation of Carbon-Based Fuels

SECTION 207.   The commissioner of revenue, in consultation with the commissioner of energy resources, shall file a report not later than December 1, 2013, regarding any statutory, regulatory and administrative changes, arrangements and calculations that may be required if the commonwealth's taxation of sales of gasoline is broadened to include taxation of sales of all carbon-based fuels. The report shall be filed with the joint committee on revenue, the joint committee on environment, natural resources and agriculture and the house and senate committees on ways and means.
 

 

Commission to study recidivism of sex offenders

SECTION 208.   There shall be a special commission established pursuant to section 2A of chapter 4 of the General Laws to investigate and study the most reliable protocols for assessing and managing the risk of recidivism of sex offenders. The commission shall develop the Massachusetts authorized risk assessment protocols for sexual offenders including, but not limited to, any special assessment protocols for juveniles, female offenders and persons with developmental, intellectual, psychiatric or other disabilities. The commission shall assess the effectiveness and necessity of sections 178C to 178P, inclusive, of chapter 6 of the General Laws and the guidelines promulgated by the sex offender registry board, pursuant to section 178K of said chapter 6, as those sections relate to: (i) determining a sex offender's risk of re-offense; (ii) degree of dangerousness posed to the public; and (iii) the general public's access to information based upon the offender's risk of re-offense and the degree of dangerousness.

The commission shall consist of: 2 members of the senate, 1 of whom shall serve as co-chair; 2 members of the house of representatives, 1 of whom shall serve as co-chair; the chairman of the sex offender registry board or a designee; the commissioner of probation or a designee; the commissioner of mental health or a designee; the secretary of public safety and security or a designee; the secretary of health and human services or a designee; and 6 persons to be appointed by the governor, 3 of whom shall have expertise in the assessment, treatment and risk management of adult sex offenders and familiarity with the research on recidivism of sex offenders, 1 of whom shall have experience in the assessment, treatment, and risk management of juvenile sex offenders and familiarity with the research on recidivism of juvenile sex offenders, 1 of whom shall be a representative of the Massachusetts District Attorneys Association, and 1 of whom shall be a representative of the committee for public counsel services. The commission shall convene not later than 60 days after the effective date of this act.

The board shall submit a report, detailing the results of its investigation and study, any recommended legislative or regulatory action and a timeline for implementation to the governor, the president of the senate, the speaker of the house of representatives and the clerks of the house of representatives and senate not later than 180 days after the effective date of this act.
 

 

The RIDE Eligibility for those in Nursing Homes

SECTION 209.   Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, in consultation with the Massachusetts office on disability, shall investigate alternatives to the current eligibility review for The Ride program for those living in nursing homes and other institutional settings. The authority shall review feasible alternatives that would reduce the burdens associated with applying for eligibility for those living in nursing homes and other institutional settings, including, but not be limited to, eliminating the required trip to The Ride eligibility center, holding eligibility screenings in various locations, waiving the in-person interview for residents of certain facilities and holding eligibility screenings at nursing homes and other institutional settings. The authority shall submit its findings to the joint committee on elder affairs and the joint committee on transportation not later than January 1, 2014.
 

 

DCAM Worcester Armory Conveyance

SECTION 210.   (a) Notwithstanding sections 32 to 37, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may convey in fee simple a certain parcel of land and any improvements and structures located thereon, which is the site of the former National Guard armory, located at 44 Salisbury street in the city of Worcester bounded in part by Grove street and Salisbury street to Veterans Inc. for the construction of additional housing for homeless veterans and providing services related thereto. The exact boundaries of the parcel shall be determined by the commissioner of capital asset management and maintenance after the completion of a land survey. The consideration for the conveyance shall be $1. The parcel shall be conveyed by deed without warranties or representations by the commonwealth.

(b) The commissioner of capital asset management and maintenance shall establish the value of the property for both the highest and best use of the property as currently encumbered and for the purposes described in subsection (a). The commissioner shall place notification in the central register of the conveyance, the amount of such transaction and the difference between the calculated value and the price received.

(c) Notwithstanding any general or special law to the contrary, Veterans Inc. shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, appraisals, surveys and deed preparation related to the conveyance authorized in this section as such costs may be determined by the commissioner of capital asset management and maintenance.

(d) The deed or other instrument conveying the property described in subsection (a) to Veterans Inc. shall provide that if for any reason the property ceases to be used solely for the purposes described in said subsection (a), then following a written notice and an opportunity to cure in accordance with a procedure to be specified in the deed conveying the property and upon the recording of a notice by the commissioner of capital asset management and maintenance with the Worcester district registry of deeds, title to the property shall revert to the commonwealth under the care and control of the division of capital asset management and maintenance and any further disposition shall be subject to sections 32 to 37, inclusive, of chapter 7C of the General Laws.
 

 

Funding for Payments to Certain Health Providers

SECTION 211.   (a) Notwithstanding any general or special law to the contrary, the health policy commission shall enter into an interagency agreement with the executive office of health and human services to provide, without further appropriation, up to $32,307,769 in available funding from the Healthcare Payment Reform Fund, established in section 100 of chapter 194 of the acts of 2011, during fiscal year 2014, for payments required by section 262 of chapter 224 of the acts of 2012. Such payments shall be subject to sufficient funds received under such interagency agreement, and subject to all required federal approvals and the availability of federal financial participation. The comptroller shall transfer from the General Fund to the Healthcare Payment Reform Fund an amount equal to all federal revenue claimed by the executive office of health and human services and deposited into the General Fund that is attributable to any payments made pursuant to this section.

(b) Notwithstanding any general or special law to the contrary, the office of Medicaid shall expend from any funds received under an interagency agreement under this section, subject to all required federal approvals and the availability of federal financial participation and subject to sufficient funds received under such interagency agreement, $12,307,769 to provide additional payment for inpatient and outpatient behavioral and mental health services provided by any acute care hospital that that has greater than 63 per cent of its gross patient service revenue from governmental payers and free care as determined by the executive office of health and human services; provided, however, that subject to all required federal approvals and the availability of federal financial participation and sufficient funding through the interagency agreement, such add on amounts shall be prioritized for services provided to children and adolescents.

(c) The interagency agreement under subsection (a) shall be effective upon deposit of sufficient funds into the Healthcare Payment Reform Fund under section 93 of chapter 194 of the acts of 2011.
 

 

Judicial Salary Increases

SECTION 212.   Sections 39, 41, 67, 90, 109, 114, 117, 120, 123, 126, 129 and 132shall take effect on January 1, 2014.
 

 

Public Safety Training Fund - Effective Date 2

SECTION 213.   Sections 42, 75 and 79 shall take effect on December 1, 2013.
 

 

Setting Implementation Dates for Head Injury Trust Changes

SECTION 214.   Sections 78 and 80 shall take effect on March 1, 2014
 

 

Employer Medical Assistance Contribution - Effective Date

SECTION 215.   Sections 93, 111 and 175 shall take effect on December 31, 2013.
 

 

Judicial Salary Increases

SECTION 216.   Sections 115, 118, 121, 124, 127, 130 and 133shall take effect on July 1, 2014.
 

 

Judicial Salary Increases

SECTION 217.   Sections 116, 119, 122, 125, 128, 131 and 134 shall take effect on July 1, 2015.
 

 

SANE Benefits III

SECTION 218.   Section 200 shall take effect on June 30, 2014.
 

 

Effective Date

SECTION 219.   Except as otherwise specified, this act shall take effect on July 1, 2013.