This is not the official budget document.

Budget Summary FY2017

Outside Sections
Data Current as of:  8/9/2016



Outside Sections

Local Aid Distribution

This information is available for export to Excel

SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2017 the distribution to cities and towns of the balance of the State Lottery and Gaming 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 and the Gaming Local Aid Fund, shall be $1,021,928,272 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 2017 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 2017, the foundation budget category of "low income enrollment" for the purpose of calculating foundation enrollment shall be the number of students identified as economically disadvantaged by qualifying as a match in the Commonwealth's direct certification system through the EOHHS virtual gateway system in any of the last 4 enrollment collections dating back to the prior year under the programs, terms, and eligibility standards in effect for the Commonwealth in October 2015. Each district shall be assigned a low income decile based on its low income percentage which shall be calculated as its number of economically disadvantaged students over its total foundation enrollment. Each decile shall be assigned a low income rate, where the rate for the lowest percentage decile shall be $3,775 and each subsequent decile shall increase by $40 up to the highest percentage decile rate of $4,135. All other foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2016. The target local share shall be calculated using the same methodology used in fiscal year 2016. Preliminary local contribution shall be the municipality's fiscal year 2016 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality's preliminary local contribution as a percentage of its foundation budget is more than 2.5 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 7.5 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 2017 shall be, for any municipality with a fiscal year 2017 preliminary contribution greater than its fiscal year 2017 target contribution, the preliminary local contribution reduced by 85 per cent of the gap between the preliminary local contribution and the target local contribution. No minimum required local contribution shall be greater than 90 percent of the district's foundation budget amount. 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 2017, the "foundation aid increment" shall be the difference between: (a) the positive difference between a district's foundation budget and its required district contribution; and (b) prior year aid. The "minimum aid increment" shall be equal to $55 multiplied by the district's foundation enrollment minus the foundation aid increment. Each district shall be held harmless to the aid amount calculated using the district's fiscal year 2016 percentage of low income foundation enrollment applied to the district's fiscal year 2017 total foundation enrollment multiplied by the fiscal year 2016 low income rates for elementary and secondary students adjusted for inflation.

          Chapter 70 aid for fiscal year 2017 shall be the sum of prior year aid plus the foundation aid increment, if any, plus the minimum aid increment, if any, plus additional aid resulting from the calculation of fiscal year 2016 low income aid, if any. No non-operating district shall receive chapter 70 aid in an amount greater than the district's foundation budget.

          If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.

          The department of elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994, and in which such district has not accepted the provisions of section 260 of chapter 165 of the acts of 2014.

          No payments to cities, towns or counties maintaining an agricultural school under 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 administration and finance, under guidelines established by the secretary.

 

Local Aid Distribution


Municipality
7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ABINGTON 7,579,849 1,891,429
ACTON 0 1,344,968
ACUSHNET 6,250,222 1,457,837
ADAMS 0 2,250,995
AGAWAM 19,138,982 3,542,159
ALFORD 0 13,493
AMESBURY 8,995,077 1,870,518
AMHERST 6,020,943 8,094,716
ANDOVER 9,768,234 1,718,058
AQUINNAH 0 2,247
ARLINGTON 11,012,669 7,294,509
ASHBURNHAM 0 764,476
ASHBY 0 421,006
ASHFIELD 93,413 178,502
ASHLAND 5,935,803 1,300,239
ATHOL 22,469 2,545,528
ATTLEBORO 35,659,451 5,485,230
AUBURN 8,983,238 1,646,647
AVON 1,414,471 666,409
AYER 0 727,877
BARNSTABLE 9,847,098 2,022,453
BARRE 0 864,738
BECKET 76,563 87,318
BEDFORD 4,352,414 1,103,725
BELCHERTOWN 13,673,306 1,635,974
BELLINGHAM 8,433,985 1,631,492
BELMONT 7,111,769 2,170,979
BERKLEY 3,934,448 585,020
BERLIN 449,505 193,850
BERNARDSTON 0 279,649
BEVERLY 7,750,842 5,614,909
BILLERICA 18,904,494 5,598,864
BLACKSTONE 125,414 1,316,049
BLANDFORD 43,655 122,086
BOLTON 4,568 189,835
BOSTON 216,128,435 182,163,335
BOURNE 5,034,613 1,409,475
BOXBOROUGH 0 242,536
BOXFORD 1,683,463 467,404
BOYLSTON 465,438 329,343
BRAINTREE 16,598,479 5,501,967
BREWSTER 968,749 379,639
BRIDGEWATER 76,038 3,501,957
BRIMFIELD 1,223,352 374,868
BROCKTON 171,012,998 20,131,981
BROOKFIELD 1,419,330 474,733
BROOKLINE 12,729,627 6,104,455
BUCKLAND 0 294,407
BURLINGTON 5,961,486 2,518,004
CAMBRIDGE 13,287,462 20,655,784
CANTON 5,320,092 2,061,875
CARLISLE 906,850 210,922
CARVER 9,863,519 1,404,600
CHARLEMONT 61,250 168,067
CHARLTON 21,633 1,392,991
CHATHAM 0 144,704
CHELMSFORD 10,746,368 4,880,124
CHELSEA 71,681,078 7,896,731
CHESHIRE 0 590,656
CHESTER 126,262 173,105
CHESTERFIELD 133,114 132,749
CHICOPEE 59,936,745 11,071,877
CHILMARK 0 3,606
CLARKSBURG 1,783,225 349,773
CLINTON 12,016,981 2,263,387
COHASSET 2,499,864 494,676
COLRAIN 5,395 277,497
CONCORD 3,030,314 1,115,436
CONWAY 617,374 171,837
CUMMINGTON 73,684 80,210
DALTON 236,011 1,093,940
DANVERS 6,629,052 2,738,485
DARTMOUTH 9,622,951 2,423,784
DEDHAM 4,525,098 3,144,221
DEERFIELD 1,085,623 461,807
DENNIS 0 523,637
DEVENS 308,558  
DIGHTON 0 743,465
DOUGLAS 8,644,415 701,668
DOVER 728,362 184,957
DRACUT 19,068,977 3,368,801
DUDLEY 18,150 1,717,908
DUNSTABLE 2,961 236,487
DUXBURY 5,031,584 852,276
EAST BRIDGEWATER 10,479,107 1,439,210
EAST BROOKFIELD 186,016 278,851
EAST LONGMEADOW 10,115,944 1,391,745
EASTHAM 349,191 143,247
EASTHAMPTON 7,873,092 2,702,553
EASTON 9,823,611 2,105,551
EDGARTOWN 684,494 64,046
EGREMONT 0 60,665
ERVING 451,195 64,624
ESSEX 0 235,409
EVERETT 64,492,532 6,642,634
FAIRHAVEN 7,526,930 2,168,152
FALL RIVER 107,141,308 22,912,863
FALMOUTH 5,918,282 1,332,997
FITCHBURG 47,404,728 8,205,292
FLORIDA 544,087 47,857
FOXBOROUGH 8,810,280 1,432,154
FRAMINGHAM 42,091,391 9,565,912
FRANKLIN 27,903,911 2,375,806
FREETOWN 452,684 913,004
GARDNER 19,225,095 4,074,379
GEORGETOWN 5,407,948 688,782
GILL 0 233,871
GLOUCESTER 6,413,737 3,840,097
GOSHEN 96,111 76,920
GOSNOLD 16,414 2,016
GRAFTON 10,827,425 1,503,368
GRANBY 4,600,550 848,957
GRANVILLE 0 154,155
GREAT BARRINGTON 0 729,697
GREENFIELD 12,140,007 3,052,555
GROTON 0 744,800
GROVELAND 42,110 699,891
HADLEY 985,814 436,378
HALIFAX 2,746,462 872,805
HAMILTON 0 645,991
HAMPDEN 0 661,509
HANCOCK 205,060 54,286
HANOVER 6,795,549 2,036,793
HANSON 58,345 1,231,266
HARDWICK 8,393 447,619
HARVARD 1,896,961 1,423,910
HARWICH 0 414,160
HATFIELD 814,996 300,011
HAVERHILL 49,625,635 9,449,911
HAWLEY 35,202 41,610
HEATH 0 80,447
HINGHAM 6,950,213 1,517,438
HINSDALE 104,683 214,083
HOLBROOK 5,617,684 1,418,691
HOLDEN 5,318 1,838,299
HOLLAND 919,098 194,067
HOLLISTON 7,363,120 1,488,960
HOLYOKE 70,897,779 9,764,983
HOPEDALE 5,999,100 626,968
HOPKINTON 6,152,833 755,305
HUBBARDSTON 0 433,114
HUDSON 11,490,541 1,917,322
HULL 3,789,356 2,037,652
HUNTINGTON 257,686 331,372
IPSWICH 3,178,710 1,543,414
KINGSTON 4,276,885 922,882
LAKEVILLE 73,946 786,715
LANCASTER 8,468 919,079
LANESBOROUGH 762,663 331,669
LAWRENCE 178,458,236 18,878,674
LEE 2,029,359 598,798
LEICESTER 9,661,287 1,669,447
LENOX 1,226,895 512,497
LEOMINSTER 43,889,797 5,502,877
LEVERETT 285,371 171,624
LEXINGTON 11,631,074 1,473,560
LEYDEN 0 79,165
LINCOLN 1,012,673 654,570
LITTLETON 3,895,818 683,464
LONGMEADOW 4,587,691 1,343,327
LOWELL 138,588,381 24,218,151
LUDLOW 13,564,533 2,937,246
LUNENBURG 6,351,257 1,016,777
LYNN 151,448,721 21,527,404
LYNNFIELD 4,206,331 999,980
MALDEN 48,846,419 12,062,930
MANCHESTER 0 213,824
MANSFIELD 18,610,109 2,144,712
MARBLEHEAD 5,644,629 1,094,898
MARION 694,733 216,950
MARLBOROUGH 24,140,701 5,234,015
MARSHFIELD 14,297,323 2,082,916
MASHPEE 4,493,526 353,752
MATTAPOISETT 799,465 389,693
MAYNARD 4,733,058 1,510,550
MEDFIELD 6,063,084 1,393,771
MEDFORD 11,719,376 11,662,844
MEDWAY 10,301,469 1,173,042
MELROSE 8,166,076 4,931,008
MENDON 17,749 392,923
MERRIMAC 39,015 808,989
METHUEN 42,147,523 5,227,821
MIDDLEBOROUGH 17,709,989 2,370,560
MIDDLEFIELD 13,200 51,114
MIDDLETON 1,606,481 526,087
MILFORD 22,246,573 2,936,797
MILLBURY 7,019,398 1,702,613
MILLIS 4,725,652 1,006,662
MILLVILLE 70,899 391,647
MILTON 6,409,833 3,089,454
MONROE 49,377 17,679
MONSON 7,455,965 1,255,118
MONTAGUE 0 1,377,972
MONTEREY 0 44,455
MONTGOMERY 21,042 83,443
MOUNT WASHINGTON 32,776 28,822
NAHANT 499,903 363,294
NANTUCKET 3,067,074 76,182
NATICK 9,117,845 3,663,916
NEEDHAM 8,671,395 1,678,488
NEW ASHFORD 179,597 19,530
NEW BEDFORD 132,385,625 22,118,299
NEW BRAINTREE 0 126,928
NEW MARLBOROUGH 2,287 56,309
NEW SALEM 0 99,760
NEWBURY 16,844 497,951
NEWBURYPORT 3,851,292 2,452,232
NEWTON 21,180,365 5,650,430
NORFOLK 3,380,055 922,065
NORTH ADAMS 13,676,653 4,265,701
NORTH ANDOVER 8,181,977 1,970,470
NORTH ATTLEBOROUGH 20,297,411 2,766,235
NORTH BROOKFIELD 4,236,418 766,149
NORTH READING 6,937,937 1,707,214
NORTHAMPTON 7,313,539 4,226,061
NORTHBOROUGH 3,849,770 1,072,503
NORTHBRIDGE 15,403,891 2,029,585
NORTHFIELD 9,265 347,389
NORTON 12,603,140 1,998,387
NORWELL 3,535,958 1,030,723
NORWOOD 5,941,876 4,472,340
OAK BLUFFS 910,282 69,927
OAKHAM 5,880 184,471
ORANGE 5,222,159 1,553,879
ORLEANS 353,840 165,157
OTIS 0 34,972
OXFORD 10,408,194 1,977,095
PALMER 10,784,150 1,928,274
PAXTON 0 520,297
PEABODY 19,070,452 6,940,639
PELHAM 228,151 153,051
PEMBROKE 13,344,512 1,616,268
PEPPERELL 0 1,435,056
PERU 89,842 109,808
PETERSHAM 429,223 110,229
PHILLIPSTON 0 177,359
PITTSFIELD 40,155,219 8,301,569
PLAINFIELD 39,513 48,238
PLAINVILLE 2,864,951 729,447
PLYMOUTH 24,315,047 3,767,571
PLYMPTON 721,030 228,107
PRINCETON 0 284,682
PROVINCETOWN 280,401 132,996
QUINCY 26,763,766 18,359,642
RANDOLPH 15,693,730 4,997,749
RAYNHAM 0 1,093,347
READING 10,465,569 3,117,100
REHOBOTH 0 1,002,278
REVERE 56,509,506 9,890,756
RICHMOND 353,789 104,025
ROCHESTER 1,788,722 408,373
ROCKLAND 13,635,665 2,541,816
ROCKPORT 1,439,096 420,726
ROWE 134,795 3,788
ROWLEY 25,266 519,243
ROYALSTON 0 172,860
RUSSELL 168,465 237,470
RUTLAND 0 889,450
SALEM 21,600,632 6,632,742
SALISBURY 33,688 607,522
SANDISFIELD 0 33,319
SANDWICH 6,902,818 1,083,723
SAUGUS 5,488,812 3,527,509
SAVOY 510,509 111,407
SCITUATE 5,346,391 1,934,249
SEEKONK 5,086,215 1,183,182
SHARON 7,138,517 1,345,974
SHEFFIELD 16,826 234,244
SHELBURNE 0 251,447
SHERBORN 575,738 208,269
SHIRLEY 0 1,261,506
SHREWSBURY 19,524,868 2,678,416
SHUTESBURY 619,856 163,053
SOMERSET 6,388,179 1,474,727
SOMERVILLE 20,010,098 24,226,179
SOUTH HADLEY 7,876,784 2,511,183
SOUTHAMPTON 2,507,986 612,659
SOUTHBOROUGH 2,877,481 420,544
SOUTHBRIDGE 20,433,070 3,382,636
SOUTHFIELD 0  
SOUTHWICK 0 1,212,854
SPENCER 49,601 2,174,754
SPRINGFIELD 319,871,030 36,399,631
STERLING 0 666,595
STOCKBRIDGE 0 95,843
STONEHAM 4,059,406 3,573,444
STOUGHTON 15,330,032 3,079,009
STOW 2,257 404,767
STURBRIDGE 3,769,084 744,926
SUDBURY 4,688,560 1,345,946
SUNDERLAND 855,618 485,985
SUTTON 5,355,735 750,569
SWAMPSCOTT 3,392,987 1,244,577
SWANSEA 7,327,857 1,805,899
TAUNTON 55,809,496 8,087,075
TEMPLETON 8,256 1,340,791
TEWKSBURY 13,012,055 2,676,112
TISBURY 635,297 94,282
TOLLAND 0 17,772
TOPSFIELD 1,140,038 589,756
TOWNSEND 0 1,263,653
TRURO 315,880 28,927
TYNGSBOROUGH 7,262,434 929,209
TYRINGHAM 38,498 12,208
UPTON 19,248 511,914
UXBRIDGE 9,275,834 1,323,004
WAKEFIELD 5,844,577 3,239,210
WALES 938,888 227,105
WALPOLE 7,848,821 2,450,510
WALTHAM 10,863,166 9,233,209
WARE 9,369,357 1,659,994
WAREHAM 12,708,042 1,902,369
WARREN 0 869,917
WARWICK 0 122,284
WASHINGTON 3,051 90,816
WATERTOWN 4,540,881 6,413,489
WAYLAND 4,042,462 869,138
WEBSTER 11,989,003 2,380,650
WELLESLEY 8,198,827 1,245,571
WELLFLEET 185,664 56,200
WENDELL 0 167,569
WENHAM 0 411,859
WEST BOYLSTON 2,957,025 766,089
WEST BRIDGEWATER 3,631,699 628,755
WEST BROOKFIELD 201,348 468,318
WEST NEWBURY 0 284,899
WEST SPRINGFIELD 24,082,496 3,446,013
WEST STOCKBRIDGE 0 93,488
WEST TISBURY 0 178,595
WESTBOROUGH 5,881,737 1,114,216
WESTFIELD 33,656,694 6,052,967
WESTFORD 16,706,565 2,043,382
WESTHAMPTON 465,470 139,329
WESTMINSTER 0 629,429
WESTON 3,299,788 359,663
WESTPORT 4,425,482 1,169,792
WESTWOOD 4,971,878 701,474
WEYMOUTH 27,883,625 8,383,979
WHATELY 256,850 129,036
WHITMAN 78,029 2,328,272
WILBRAHAM 0 1,407,209
WILLIAMSBURG 528,925 291,099
WILLIAMSTOWN 960,921 917,995
WILMINGTON 11,167,160 2,390,882
WINCHENDON 11,366,930 1,617,597
WINCHESTER 7,924,363 1,422,626
WINDSOR 26,342 99,850
WINTHROP 6,450,815 4,053,454
WOBURN 8,583,684 5,756,326
WORCESTER 235,402,232 39,957,279
WORTHINGTON 237,091 120,775
WRENTHAM 3,709,903 896,437
YARMOUTH 0 1,213,987
Total Municipal Aid 3,934,938,180 1,021,928,272
 
Regional School District 7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ACTON BOXBOROUGH 14,696,071  
ADAMS CHESHIRE 10,234,243  
AMHERST PELHAM 9,431,797  
ASHBURNHAM WESTMINSTER 10,675,483  
ASSABET VALLEY 4,744,172  
ATHOL ROYALSTON 17,267,570  
AYER SHIRLEY 8,144,051  
BERKSHIRE HILLS 2,839,128  
BERLIN BOYLSTON 1,091,688  
BLACKSTONE MILLVILLE 10,826,779  
BLACKSTONE VALLEY 8,153,324  
BLUE HILLS 4,689,160  
BRIDGEWATER RAYNHAM 20,968,661  
BRISTOL COUNTY 3,015,502  
BRISTOL PLYMOUTH 10,847,624  
CAPE COD 2,130,477  
CENTRAL BERKSHIRE 8,629,219  
CHESTERFIELD GOSHEN 741,100  
CONCORD CARLISLE 2,321,678  
DENNIS YARMOUTH 6,993,814  
DIGHTON REHOBOTH 12,696,956  
DOVER SHERBORN 1,908,294  
DUDLEY CHARLTON 24,151,183  
ESSEX NORTH SHORE 3,454,325  
FARMINGTON RIVER 427,060  
FRANKLIN COUNTY 3,475,026  
FREETOWN LAKEVILLE 10,849,513  
FRONTIER 2,804,715  
GATEWAY 5,580,489  
GILL MONTAGUE 6,152,674  
GREATER FALL RIVER 15,901,659  
GREATER LAWRENCE 22,517,145  
GREATER LOWELL 23,860,787  
GREATER NEW BEDFORD 24,808,344  
GROTON DUNSTABLE 10,706,573  
HAMILTON WENHAM 3,554,656  
HAMPDEN WILBRAHAM 11,651,894  
HAMPSHIRE 3,210,153  
HAWLEMONT 619,422  
KING PHILIP 7,399,780  
LINCOLN SUDBURY 2,953,706  
MANCHESTER ESSEX 2,926,838  
MARTHAS VINEYARD 2,814,000  
MASCONOMET 5,034,459  
MENDON UPTON 12,253,186  
MINUTEMAN 2,198,257  
MOHAWK TRAIL 5,973,434  
MONOMOY 3,244,363  
MONTACHUSETT 13,920,325  
MOUNT GREYLOCK 1,733,153  
NARRAGANSETT 9,834,774  
NASHOBA 6,756,060  
NASHOBA VALLEY 3,658,184  
NAUSET 3,421,279  
NEW SALEM WENDELL 677,181  
NORFOLK COUNTY 1,216,940  
NORTH MIDDLESEX 20,107,493  
NORTHAMPTON SMITH 903,575  
NORTHBORO SOUTHBORO 3,034,084  
NORTHEAST METROPOLITAN 8,818,904  
NORTHERN BERKSHIRE 4,666,196  
OLD COLONY 3,240,924  
OLD ROCHESTER 2,819,494  
PATHFINDER 5,422,745  
PENTUCKET 12,968,282  
PIONEER 4,107,161  
QUABBIN 16,463,038  
QUABOAG 8,615,171  
RALPH C MAHAR 5,375,880  
SHAWSHEEN VALLEY 6,350,691  
SILVER LAKE 7,980,074  
SOMERSET BERKLEY 4,137,139  
SOUTH MIDDLESEX 4,386,161  
SOUTH SHORE 4,288,630  
SOUTHEASTERN 14,945,909  
SOUTHERN BERKSHIRE 1,927,571  
SOUTHERN WORCESTER 10,147,042  
SOUTHWICK TOLLAND GRANVILLE 9,715,578  
SPENCER EAST BROOKFIELD 13,553,834  
TANTASQUA 8,545,571  
TRI COUNTY 5,630,378  
TRITON 8,564,841  
UPISLAND 842,602  
UPPER CAPE COD 2,968,265  
WACHUSETT 26,385,616  
WHITMAN HANSON 24,436,230  
WHITTIER 8,938,032  
Total Regional Aid 693,075,439  
Total Municipal and Regional Aid 4,628,013,619 1,021,928,272

 

LGBT Older Adult Commission I

SECTION 4.   Chapter 3 of the General Laws is hereby amended by adding the following section:-

Section 71. (a) There shall be a permanent commission on older lesbian, gay, bisexual and transgender, or LGBT, adults and their caregivers to consist of the following members or their designees: the house and senate chairs of the joint committee on elder affairs who shall serve as co-chairs; the secretary of elder affairs; the director of housing and community development; the commissioner of public health; the director of the LGBT Aging Project; the president of Fenway Health; the executive director of the Gay & Lesbian Advocates & Defenders, Inc.; a representative of the National Association on HIV Over Fifty, Inc.; the executive director of MassEquality; the executive director of Mass Home Care; the director of AARP Massachusetts; the executive director of the Massachusetts Association of Councils on Aging, Inc.; the director of the Massachusetts Senior Care Association, Inc.; the director of the Home Care Aides Council; and 5 members to be 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.

(b) The commission shall investigate, analyze and study the health, housing, financial, psychosocial and long-term care needs of older LGBT adults and their caregivers and shall make recommendations to improve access to benefits and services where appropriate and necessary. In furtherance of its duties, the commission shall: (i) examine the impact of the commonwealth's policies and regulations on older LGBT adults and make recommendations to ensure equality of access, treatment, care and benefits; (ii) examine strategies to increase provider awareness of the needs of older LGBT adults and their caregivers and improve the competence of and access to treatment, services and ongoing care, including preventive care; (iii) assess the funding and programming needed to enhance services to the growing population of older LGBT adults; (iv) 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; (v) examine whether certain policies and practices, or the absence of certain policies and practice, promote the premature admission of older LGBT adults to institutional care; (vi) recommend, as appropriate and necessary, lower cost and culturally appropriate home and community-based alternatives to institutional care; (vii) 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 (viii) examine outreach protocols to reduce apprehension among older LGBT adults and their caregivers of utilizing mainstream providers.

(c) 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.

(d) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds to further the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, shall be received by the treasurer on behalf of the commonwealth and shall be expended by the commission in accordance with law.

(e) The commission shall annually report its activities and findings, and any recommendations to the governor, the clerks of the senate and house of representatives and the house and senate chairs of the joint committee on elder affairs not later than December 31.
 

 

Facioscapulohumeral Muscular Dystrophy (FSHD) Day

SECTION 5.   Chapter 6 of the General Laws is hereby amended by inserting after section 15ZZZZZ, the following section:-

Section 15AAAAAA. The governor shall annually issue a proclamation setting aside June twentieth as Facioscapulohumeral Muscular Dystrophy Day, to raise public awareness of Facioscapulohumeral Muscular Dystrophy and recommend that the day be observed in an appropriate manner by the people.
 

 

LGBT Older Adult Commission II

SECTION 6.   Section 16Y of chapter 6A of the General Laws is hereby repealed.
 

 

DCAMM Land Disposition I

SECTION 7.   Section 33 of chapter 7C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "acres", in line 113, the following words:- or if the gross square footage of all structures on the property is equal to or greater than 150,000 square feet.
 

 

DCAMM Land Disposition II

SECTION 8.   The twelfth paragraph of said section 33 of said chapter 7C, as so appearing, is hereby amended by adding the following sentence:- After the hearing is conducted, the commissioner shall make a draft of any reuse restrictions available to the public and shall accept written comments for a period of 21 days. If after the hearing is conducted the commissioner determines that no reuse restrictions are necessary, the commissioner shall make that decision available to the public and accept written comments on that decision for a period of 21 days.
 

 

DCAMM Land Disposition III

SECTION 9.   Section 34 of said chapter 7C, as so appearing, is hereby amended by inserting after the word "acres", in line 79, the following words:- or if the gross square footage of all structures on the property is greater than or equal to 150,000 square feet.
 

 

DCAMM Land Disposition IV

SECTION 10.   The seventh paragraph of said section 34 of said chapter 7C, as so appearing, is hereby amended by adding the following sentence:- After the hearing is conducted, the commissioner shall make a draft of any reuse restrictions available to the public and shall accept written comments for a period of 21 days. If after the hearing is conducted the commissioner determines that no reuse restrictions are necessary, the commissioner shall make that decision available to the public and accept written comments on that decision for a period of 21 days.
 

 

Cost Trends Accuracy

SECTION 11.   Section 16 of chapter 12C of the General Laws, as so appearing, is hereby amended by inserting after the words "durable medical equipment", in line 15, the following words:- ; provided, however, that any detailed cost growth trend in the pharmaceutical sector shall consider the effect of drug rebates and other price concessions in the aggregate without disclosure of any product or manufacturer-specific rebate or price concession information, and without limiting or otherwise affecting the confidential or proprietary nature of any rebate or price concession agreement.
 

 

Low-Income Taxpayer Clinics

SECTION 12.   Chapter 14 of the General Laws is hereby amended by adding the following section:-

Section 13. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Low-income taxpayer", an individual with a household income which does not exceed 400 per cent of the federal poverty level, as calculated by the United States Department of Health and Human Services.

"Qualified low-income taxpayer clinic", a clinical program at an accredited law school, business school, accounting school or an organization described in 26 U.S.C. 501(c) and exempt from taxation under 26 U.S.C. 501(a) that does not charge a fee for services, except for reimbursement of actual costs incurred and in which at least 95 per cent of taxpayers represented by the clinical program are low-income taxpayers.

"Qualified representative", an individual who is authorized to practice before the department or the applicable court.

(b) The commissioner may, subject to appropriation, award grants to develop, expand or support qualified low-income taxpayer clinics that provide education and assistance to low-income taxpayers seeking to file tax returns and to those engaged in disputes with the department. The commissioner, in determining whether to award a grant under this section, shall consider the number of taxpayers who will be served by the clinic, including the number of taxpayers in the geographical area who have limited English proficiency, the quality of the program offered by the qualified low-income taxpayer clinic, including the qualifications of its administrators and qualified representatives and its record in providing services to low-income taxpayers. The commissioner shall give preference in awarding grants to qualified low-income taxpayer clinics that assist taxpayers in applying for the earned income credit available under subsection (h) of section 6 of chapter 62. Upon application of a qualified low-income taxpayer clinic, the department may award multi-year grants not to exceed 3 years.
 

 

ABLE Account I

SECTION 13.   Subsection (a) of section 29 of chapter 15C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out the definition of "Disability verification" and inserting in place thereof the following definition: -

"Disability verification", (i) a "disability certification" as defined under 26 U.S.C 529A and applicable federal regulations and federal regulatory guidance; or (ii) a verification, to the authority or its designated administrator, by the designated beneficiary or the parent or guardian of the designated beneficiary that: (A) shall include a copy of the designated beneficiary's diagnosis, signed by a physician or a licensed clinical psychologist, that shall specify that the person is an individual with a disability; and (ii) the designated beneficiary is either: (1) receiving benefits under the supplemental security income program under Title XVI of the Social Security Act or whose benefits under that program are suspended for a reason other than misconduct; (2) for purposes of Title XIX of the Social Security Act, deemed to be or treated as receiving benefits from the office of Medicaid under the supplemental security income program under Title XVI of the Social Security Act or whose benefits under such program have been suspended for a reason other than misconduct; or (3) receiving disability benefits under Title II of the Social Security Act.
 

 

ABLE Account I

SECTION 14.   Said subsection (a) of said section 29 of said chapter 15C, as so appearing, is hereby further amended by striking out the definition of "Physician" and inserting in place thereof the following definition:-

"Physician", a physician meeting the criteria of section 1861(r)(1) of the Social Security Act.
 

 

ABLE Account II

SECTION 15.   Said section 29 of said chapter 15C, as so appearing, is hereby further amended by inserting after the word "disabilities", in line 42, the following words:- ; provided, however, that notwithstanding any other provision of this section, the authority shall establish and administer the program in accordance with 26 U.S.C. 529A to ensure that the program constitutes a qualified ABLE program as defined in said 26 U.S.C. 529A.
 

 

ABLE Account II

SECTION 16.   Said section 29 of said chapter 15C, as so appearing, is hereby further amended by striking out, in line 73, the word "and".
 

 

ABLE Account II

SECTION 17.   Said section 29 of said chapter 15C, as so appearing, is hereby further amended by inserting after the word "section", in line 75, the following words:- ; or

(10) any other qualified disability expense approved by the Internal Revenue Service pursuant to 26 U.S.C. 529A.
 

 

ABLE Account II

SECTION 18.   Said section 29 of said chapter 15C, as so appearing, is hereby further amended by inserting after the word "administrator", in line 93, the following words: - or if the individual otherwise constitutes an eligible individual pursuant to 26 U.S.C. 529A.
 

 

ABLE Account II

SECTION 19.   Said section 29 of said chapter 15C, as so appearing, is hereby further amended by inserting after the word "section", in line 103, the following words:- ; provided, however, that the authority shall not issue any regulation or enter into an agreement that would preclude the program established under subsection (b) from constituting a qualified ABLE program, as defined in 26 U.S.C. section 529A.
 

 

Work-Related Expense Deduction

SECTION 20.   Section 37 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the figure "$150" and inserting in place thereof the following figure:- $200.
 

 

Office of the Child Advocate I

SECTION 21.   Chapter 18C of the General Laws is hereby amended by striking out section 1, as so appearing, and inserting in place thereof the following section:-

Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise:

"Advisory council", the child advocate advisory council established in section 4.

"Child advocate", the child advocate appointed under section 3.

"Critical incident", (i) a fatality, near fatality or serious bodily or emotional injury of a child who is in the custody of or receiving services from an executive agency or a constituent agency; or (ii) circumstances which result in a reasonable belief that an executive agency or a constituent agency failed in its duty to protect a child and, as a result, the child was at imminent risk of, or suffered serious bodily or emotional injury or death.

"Department", the department of children and families.

"Executive agency", a state agency within the office of the governor, including the executive office of education, the executive office of public safety and security, executive office of health and human services, and their constituent agencies, the Massachusetts interagency council on housing and homelessness and the executive office of housing and economic development.

"Office", the office of the child advocate.

"Serious bodily or emotional injury", an injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ or mental faculty or emotional distress.
 

 

Office of the Child Advocate II

SECTION 22.   Section 2 of said chapter 18C, as so appearing, is hereby amended by inserting after the second sentence the following 2 sentences:- The office shall act to investigate and ensure that the highest quality of services and supports are provided to safeguard the health, safety and well-being of all children receiving services. The office shall examine systemic issues related to the provision of services to children and provide recommendations to improve the quality of those services in order to give each child the opportunity to live a full and productive life.
 

 

Office of the Child Advocate III

SECTION 23.   Said section 2 of said chapter 18C, as so appearing, is hereby further amended by striking out, in line 8, the word "treated" and inserting in place thereof the following words:- receiving services.
 

 

Office of the Child Advocate IV

SECTION 24.   Said chapter 18C is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-

Section 3. The office of the child advocate shall be under the direction of the child advocate. The child advocate shall be the administrative head of the office and shall devote full time to the duties of the office. The child advocate shall be appointed by a majority vote of the attorney general, the state auditor and the governor from a list of 3 nominees submitted by a nominating committee to recommend a child advocate. The nominating committee shall consist of: the secretary of health and human services; the commissioner of children and families; the commissioner of youth services; the commissioner of mental health; the executive director of the child abuse prevention board; a pediatrician experienced in treating victims of child abuse who shall be designated by the Massachusetts chapter of the American Academy of Pediatrics; a child psychiatrist who shall be designated by the Massachusetts Psychiatric Society; a child psychologist who shall be designated by the Massachusetts Psychological Association; a representative from the Massachusetts Association for Mental Health; a representative of an organization that advocates on behalf of children at risk of abuse who shall be designated by the Children's League of Massachusetts; an attorney experienced in care and protection cases who shall be designated by the Massachusetts Bar Association; a social worker who shall be designated by the Massachusetts Chapter of the National Association of Social Workers; a person with experience in the juvenile justice system who shall be designated by the chief justice of the juvenile court department; and a representative of organized labor who shall be designated by the president of a collective bargaining unit that represents social workers. The work of the nominating committee shall be coordinated by the executive office of health and human services.

Any person appointed to the position of child advocate shall be selected without regard to political affiliation and on the basis of integrity and demonstrated ability in child welfare, juvenile justice, auditing, law, management analysis, public administration and investigation or criminal justice administration. The child advocate may, subject to appropriation, appoint such other personnel as the child advocate deems necessary for the efficient management of the office.

The child advocate shall serve for a term of 5 years. In case of a vacancy in the position of the child advocate, a successor shall be appointed in the same manner for the remainder of the unexpired term. No person shall be appointed for more than 2 full terms.

The person so appointed may be removed from office for cause by a majority vote of the attorney general, the state auditor and the governor. Such cause may include substantial neglect of duty, gross misconduct or conviction of a crime. The cause for removal of the child advocate shall be stated in writing and shall be sent to the clerks of the senate and house of representatives and to the governor at the time of removal and shall be a public document.
 

 

Office of the Child Advocate V

SECTION 25.   Section 4 of said chapter 18C, as so appearing, is hereby amended by striking out, in line 2, the word "board" and inserting in place thereof the following word:- council.
 

 

Office of the Child Advocate VI

SECTION 26.   Said section 4 of said chapter 18C, as so appearing, is hereby further amended by inserting after the word "families", in line 11, the following words:- , the commissioner for the deaf and hard of hearing, the commissioner for the blind.
 

 

Office of the Child Advocate VIII

SECTION 27.   Said section 4 of said chapter 18C, as so appearing, is hereby further amended by adding the following 2 paragraphs:-

The child advocate shall meet with the advisory council at least annually and shall present to the advisory council the annual goals of the office and its plans for monitoring the work, including the continuing quality improvement, of the child service agencies and the identification of any critical gaps and issues relating to interagency collaboration. The child advocate may consult with or request the assistance of members of the advisory council with respect to the duties and responsibilities of the office; provided however, that any request for assistance shall not place requirements on any member of the council to fulfill the request.

The advisory council shall annually set the salary of the child advocate; provided, however, that such salary shall not exceed 90 per cent of the salary of the chief justice of the supreme judicial court.
 

 

Office of the Child Advocate IX

SECTION 28.   Section 5 of said chapter 18C, as so appearing, is hereby amended by inserting after the word "advocate", in line 1, the following words:- as soon as practicable.
 

 

Office of the Child Advocate X

SECTION 29.   Said section 5 of said chapter 18C, as so appearing, is hereby further amended by striking out, in line 35, the words "he may conduct an investigation of the complaint" and inserting in place thereof the following words:- the child advocate may conduct an investigation and upon completion of the investigation, the child advocate may provide relevant information in the form of a report to any relevant agencies and request a meeting, if necessary, to review the investigation and accompanying report.
 

 

Office of the Child Advocate XI

SECTION 30.   Said section 5 of said chapter 18C, as so appearing, is hereby further amended by striking out, in line 45, the words "24 hours a day, 7 days a week".
 

 

Office of the Child Advocate XII

SECTION 31.   Said section 5 of said chapter 18C, as so appearing, is hereby further amended by striking out, in line 54, the words "At the request of the governor, the" and inserting in place thereof the following word:- The.
 

 

Office of the Child Advocate XIII

SECTION 32.   Section 6 of said chapter 18C, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- The child advocate shall have access to relevant records held by the clerk of the juvenile court and the clerk of the probate and family court, including the right to inspect and copy, without cost.
 

 

Office of the Child Advocate XIV

SECTION 33.   Section 10 of said chapter 18C, as so appearing, is hereby amended by striking out, in line 5, the word "activities" and inserting in place thereof the following words:- the delivery of services to children, activities.
 

 

Office of the Child Advocate XV

SECTION 34.   Said chapter 18C is hereby further amended by striking out section 11, as so appearing, and inserting in place thereof the following section:-

Section 11. The child advocate, in consultation with the advisory council, may from time to time, examine systemwide responses to child abuse and neglect, including related mental health, substance use and domestic violence issues, and shall file a report on any such examination with the governor, the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on children, families and persons with disabilities. The child advocate's examination may include, without limitation, racial disproportionality and disparity, truancy and runaways, mandated reporting, screening of child abuse and neglect reports, social worker qualifications and caseloads, law enforcement involvement, health service needs, including behavioral health needs, of children at risk, criminal offender record information reviews, administrative and cost requirements, federal funding for child welfare purposes and the effectiveness of child abuse laws. The child advocate may seek advice broadly from individuals with expertise in child welfare in preparing a report under this section.
 

 

Office of the Child Advocate XVI

SECTION 35.   Section 12 of said chapter 18C, as so appearing, is hereby amended by inserting after the word "office", in line 13, the following words:- , except when disclosure may be necessary to enable the child advocate to perform the child advocate's duties.
 

 

Codification of Massachusetts Child Psychiatry Access Program

SECTION 36.   Chapter 19 of the General Laws is hereby amended by hereby amended by inserting after section 16 the following section:-

Section 16A. (a) Subject to appropriation, the department shall operate a statewide program to provide remote mental health consultations available for a at least 5 days a week to pediatricians, family physicians, nurse practitioners and primary care practices for persons under the age of 19 who exhibit a possible mental health or substance use disorder and to health care providers of women who are presenting with signs of post-partum depression.

(b) Expenditures on this program by the department that are related to services provided on behalf of commercially-insured clients shall be assessed by the commissioner on surcharge payors as defined in section 64 of chapter 118E.
 

 

Elevator Fines I

SECTION 37.   Section 22 of chapter 22 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "section", in line 18, the following words:- ; and provided further, that a fine assessed under section 65 of chapter 143 shall be calculated solely in accordance with said section 65 of said chapter 143.
 

Veto Explanation:
I am vetoing this section because it is not necessary to accomplish the changes in section 65 of chapter 143 which I am approving today in section 99, and it may unnecessarily limit administrative discretion in waiving the imposition of fines in appropriate circumstances.

 

Advisory Commission on Travel and Tourism I

SECTION 38.   Section 13H of chapter 23A of the General Laws is hereby amended by striking out, in line 20, as so appearing, the words "the Berkshire Hills Visitors Bureau" and inserting in place thereof the following words:- 1 Berkshire Strategic Alliance Inc.
 

 

Tourism Formula

SECTION 39.   Said chapter 23A is hereby further amended by striking out section 13T, inserted by section 27 of chapter 287 of the acts of 2014, and inserting in place thereof the following section:-

Section 13T. (a) There shall be a Massachusetts Tourism Trust Fund which shall be administered by the Massachusetts marketing partnership established in section 13A and held by the partnership separate and apart from its other funds. There shall be credited to the fund $10,000,000 from the room occupancy excise imposed by section 3 of chapter 64G and section 22 of chapter 546 of the acts of 1969.

(b) There shall also be credited to the fund all revenue as designated under the Gaming Revenue Fund pursuant to subclause (b) of clause (2) of section 59 of chapter 23K.

(c) All available money in the fund that is unexpended at the end of each fiscal year shall not revert to the General Fund and shall be available for expenditure by the fund in the subsequent fiscal year.

(d) Money in the fund shall be applied as follows:

(i) 40 per cent to the Massachusetts marketing partnership; and

(ii) 60 per cent to regional tourism councils.

(e) The partnership shall submit an annual report to the clerks of the senate and house of representatives and the joint committee on tourism, arts and cultural development not later than December 31 on the cost-effectiveness of the fund. The report shall be made available on the office of travel and tourism's website. The report shall include: (i) expenditures made by the partnership from money out of the fund to promote tourism; (ii) expenditures made by the partnership for administrative costs; (iii) expenditures made by the regional tourism councils to promote tourism; and (iv) expenditures made by the regional tourism councils for administrative costs.
 

 

Advisory Commission on Travel and Tourism II

SECTION 40.   Section 14 of said chapter 23A is hereby amended by inserting after the word "Bureau", in line 15, as so appearing, the following words:- , 1 Berkshire Strategic Alliance Inc.
 

 

Sexual Assault Nurse Examiner Trust Fund

SECTION 41.   Chapter 29 of the General Laws, as most recently amended by section 115 of the acts of 2016, is hereby amended by inserting after section 2TTTT the following 2 sections:-

Section 2UUUU. There shall be a Long-Term Care Facility Quality Improvement Fund. The commissioner of public health shall administer the fund and shall make expenditures from the fund for measures to improve the safety and quality of care provided in long-term care facilities including, but not limited to: (i) staff training and education; (ii) technical assistance to implement best practices; (iii) dissemination of best practice models on quality of care; (iv) state operation of facilities pending correction of deficiencies or closure; (v) costs of relocating residents from 1 facility to another; and (vi) funding to support adequate department resources to inspect facilities under state and federal law.

The fund shall consist of: (i) revenue generated from fines and penalties imposed by the department on long-term care facilities under section 73 of chapter 111; (ii) revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iii) funds from public or private sources including, but not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth that are specifically designated to be credited to the fund. The department may incur expenses and the comptroller may certify for payment amounts in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund that shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the close of a fiscal year shall not revert to the General Fund. The commissioner shall report annually, not later than October 1, on the fund's activity to the senate and house chairs of the joint committee on elder affairs and the house and senate committees on ways and means. The report shall include, but not be limited to: (1) revenue received by the fund; and (2) expenditures from the fund, including the recipient, date and reason for the expenditure.

Section 2VVVV. There shall be a Sexual Assault Nurse Examiner Trust Fund. The fund shall be administered by the commissioner of public health to support the sexual assault nurse examiner program. There shall be credited to the fund all money received from public or private sources for the sexual assault nurse examiner program including, but not limited to, gifts, grants, donations, bequests, contributions of cash or securities, contributions of property in kind from persons or other governmental, nongovernmental, quasi-governmental or local governmental entities. Expenditures from the fund shall be made to support the sexual assault nurse examiner program including, but not limited to: (i) costs of the sexual assault nurse examiner program, including coordination and oversight of sexual assault nurse examiner services; (ii) wrap-around services for sexual assault patients of all ages that may include medical follow up, behavioral health intervention or crisis intervention; (iii) training that supports certification and recertification of sexual assault nurse examiners, including expenditures for training consultants, materials and venues, continuing education and professional development opportunities; (iv) educational, outreach and technical assistance efforts for professional and public audiences that may include training and outreach material development and production; (v) costs associated with sexual assault nurse examiner and sexual assault programs, grants and initiatives of the commissioner; and (vi) other services needed by the sexual assault nurse examiner program to support program operations and development. The department of public health may incur expenses and the comptroller may certify amounts for payment in anticipation of expected receipts; provided, however, that no expenditure shall be made from the fund which shall cause the fund to be deficient at the close of a fiscal year. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the close of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years.
 

 

Injuries Sustained by Court Officer

SECTION 42.   Section 58 of chapter 30 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 19, the words "his custody," and inserting in place thereof the following words:- the employee's custody or, in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners.
 

 

Retirement Systems and Pensions Percentage

SECTION 43.   Section 22 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out, in line 1208, the figure "2" and inserting in place thereof the following figure:- 3.
 

Veto Explanation:
I am vetoing this section because it weakens the performance standard to which local retirement systems are held in Massachusetts. Legislation should be strengthening, not weakening, the standards to which we hold all boards of publicly-funded retirement systems, so that taxpayers who may ultimately pay the consequences for a system's failure are protected.

 

Retirement Systems and Pensions Term

SECTION 44.   Said section 22 of said chapter 32, as so appearing, is hereby further amended by striking out, in line 1219, the words "in perpetuity" and inserting in place thereof the following words:- for a 5-year term.
 

Veto Explanation:
I am vetoing this section because it would re-commit a retirement system's investment assets to that system's board, even though that board has already demonstrated, over a period of years, its inability to manage those assets. Repeatedly changing management will also impose additional transaction costs on the retirement system as system assets are liquidated then re-invested, further reducing the funded status of the system.

 

Retiree Health Care Premium Increase Moratorium

SECTION 45.   Section 22 of chapter 32B of the General Laws, as so appearing, is hereby amended by striking out, in line 63, the figure "2016" and inserting in place thereof the following figure:- 2018.
 

Veto Explanation:
I am vetoing this section because the section would take away, for an additional two years, one of the few tools a city or town has to control both its health insurance costs and its liability for other post-employment benefits.

 

Local Commissions on Disability

SECTION 46.   Section 8J of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words "five nor more than nine" and inserting in place thereof the following words:- 5 and not more than 13.
 

 

Digital Health Internship

SECTION 47.   Chapter 40J of the General Laws is hereby amended by inserting after section 6I the following section:-

Section 6J. There shall be established and set up on the books of the corporation a Digital Health Internship Incentive Trust Fund which shall be administered by the executive director of the corporation. The corporation shall hold the fund in an account separate from other funds, including other funds established in this chapter. Amounts credited to the fund shall be available for expenditure by the corporation without further appropriation for any activities consistent with this section as the corporation deems appropriate; provided, however, that amounts credited to the fund shall be used to provide stipends for internships in digital health fields for undergraduate, graduate and postgraduate students and recent graduates at companies in the commonwealth, with preference given to those employed by small businesses and start-up companies. Amounts credited to the fund shall be expended or applied only with the approval of the executive director after consultation with the director of the John Adams Innovation Institute.

There shall be credited to the fund all money received from public or private sources including, but not limited to, gifts, grants, donations, bequests, contributions of cash or securities and contributions in kind from persons or other governmental, nongovernmental, quasi-governmental or local governmental entities. Any money remaining in the fund at the end of a fiscal year shall not revert to the General Fund and shall be available for expenditure in subsequent fiscal years. For the purposes of this section, "digital health" shall include, but not be limited to: e-Health, cyber security, IT security and integrated photonics. The corporation shall support efforts to secure matching funds.

The corporation may adopt guidelines necessary to implement this program.
 

Veto Explanation:
I am vetoing this section because I am vetoing line item 7002-1593, which provides the funding for this program.

 

Physician Assistant Authority to Issue Certificate of Death

SECTION 48.   The fourth paragraph of section 9 of chapter 46 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- A physician assistant may take all action required under this section to furnish a standard certificate of death for registration.
 

 

Virtual School Enrollment Requirement

SECTION 49.   The first paragraph of subsection (c) of section 94 of chapter 71 of the General Laws, as so appearing, is hereby amended by striking out the last 2 sentences.
 

 

REAL ID I

SECTION 50.   Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Killed in action", the following 2 definitions:-

"Lawful presence", persons who have: (i) lawful status in the United States; or (ii) documentation of lawful presence in the United States satisfactory to the registrar, in consultation with the United States Department of Homeland Security.

"Lawful status", the same meaning as defined in 6 C.F.R. 37.3.
 

 

REAL ID II

SECTION 51.   Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of "'Manufacturer'', the following 2 definitions:-

"Massachusetts identification card", an identification card that is not issued in compliance with the standards established by the United States Department of Homeland Security in 6 C.F.R. 37

"Massachusetts license", a license to operate motor vehicles that is not issued in compliance with the standards established by the United States Department of Homeland Security in 6 C.F.R. 37.
 

 

REAL ID III

SECTION 52.   Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of "Police officer" the following 3 definitions:-

"REAL ID Act", the REAL ID Act of 2005, 49 U.S.C. 30301.

"REAL ID-compliant identification card", a license or identification card issued in compliance with the standards established by the United States Department of Homeland Security at 6 C.F.R. 37.

"REAL ID-compliant license", a license to operate motor vehicles issued in compliance with the standards established by the United States Department of Homeland Security at 6 C.F.R. 37.
 

 

REAL ID IV

SECTION 53.   The first paragraph of section 2 of said chapter 90, as so appearing, is hereby amended by striking out the sixth sentence and inserting in place thereof the following sentence:- Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless the person holds a license, an identification card issued under section 8E, a social security number issued by the United States Social Security Administration or proof of lawful presence in the United States; provided, however, that the registrar shall provide by regulation for certain exemptions from these registration requirements, as applicable, for nonresident, out-of-state students, certain military personnel, senior citizens and disabled persons; and provided further, that the registrar may provide additional exemptions by regulations which shall be consistent with this section.
 

 

REAL ID V

SECTION 54.   Section 8 of said chapter 90 is hereby amended by striking out the last 4 paragraphs, as most recently amended by section 17 of chapter 52 of the acts of 2016, and inserting in place thereof the following 6 paragraphs:-

A license or any renewal thereof issued to an operator shall be valid from the date of issue and shall expire on a date to be determined by the registrar which shall be not more than 60 months from the date of issue, provided, however, that the registrar may authorize a 1-year extension of the period of license validity for a licensee who has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar, as authorized in this section and section 8E. For the purposes of this section, a license issued to an operator born on February 29 shall expire on March 1. An applicant for renewal of a license who is 75 years of age or older shall apply for renewal in person at a registry branch office.

Applications for licenses shall be in such form as may be prescribed by the registrar and shall be signed by the applicant under oath. Only a resident of the commonwealth shall be eligible to apply for a driver's license issued by the registrar. If an applicant is under 18 years of age, the application shall be accompanied by the written consent, in such form as the registrar shall determine, of a parent or guardian or other person standing in place of a parent of the applicant. The photograph or facial image of the applicant required to be made a part of any license issued by this section shall be retained with the application for the period of time required by regulations of the registrar even if a driver's license has not been issued.

The registrar shall issue more than 1 type of license which shall be in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of license that is compliant with the REAL ID Act. An applicant for a license shall provide documentation and demonstrate qualifications acceptable to the registrar. REAL ID-compliant licenses shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts license to an applicant who provides documentation and demonstrates qualifications acceptable to the registrar. A Massachusetts license shall not be used for federal identification purposes and shall be so marked. No REAL ID-compliant license shall be issued to a person who fails to provide proof of lawful presence; provided, however, that United States citizens and other persons who provide proof of lawful presence may elect to apply for either a REAL ID-compliant license or a Massachusetts license.

The registrar may issue a REAL ID-compliant license or a Massachusetts license for a term of less than 60 months to a resident of the commonwealth who is lawfully present in the United States for a period of at least 12 months; provided, however, that the expiration date of any such license shall be coterminous with the expiration date of the licensee's authorized stay in the United States, as evidenced by acceptable documents or information provided to the registrar. If a licensee is authorized to stay in the United States for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, a license issued shall expire not later than 12 months from the date of issue. No license of less than 60 months in duration shall be renewed unless the license holder provides documentation satisfactory to the registrar that the license holder is authorized to remain in the United States. Any such license shall have an expiration date coterminous with the expiration of the authorized stay. All licenses issued for less than 60 months in duration shall be marked as temporary.

An applicant for a license under this section shall be required to answer questions on the examination to determine the applicant's knowledge of the laws regarding operating a motor vehicle while under the influence of alcoholic beverages or drugs or while sending or receiving electronic messages which shall include the relevant sections of this chapter, chapter 94C and chapter 138. The registrar shall determine the nature and number of such questions.

An applicant for a license or renewal thereof appearing in person at a registry branch shall take and pass a vision test administered by the registry; provided, however, that except as required by the registrar by regulation, an applicant may provide a vision screening certificate, signed by an optometrist or ophthalmologist, to demonstrate compliance with the minimum visual standards to obtain and hold a license. The vision screening certificate shall not be deemed invalid by the registrar solely because it contains an electronic signature.
 

 

REAL ID VI

SECTION 55.   Section 8B of said chapter 90, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "occurs", in line 42, the following words:- , except that no permit shall be issued to an applicant for a period of time longer than the registrar determines the applicant is legally authorized to remain in the United States.
 

 

REAL ID VII

SECTION 56.   The last paragraph of said section 8B of said chapter 90, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Notwithstanding that a learner's permit may be valid for a period of up to 2 years, each holder of a learner's permit with a period of validity of 2 years may take not more than 6 driving tests within the first year and not more than 6 driving tests within the second year; provided, however, that if the registrar has issued a learner's permit for less than 2 years' duration, the holder shall be limited to not more than 6 driving tests in the first year and not more than 1 driving test for each 2 months thereafter for the remaining period of validity of the permit and upon payment of the fee for examination of an applicant for an operator's license as required by said section 33 for each driving test.
 

 

REAL ID VIII

SECTION 57.   Section 8E of said chapter 90, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

A person 14 years of age or older who does not have a valid license to operate a motor vehicle may make application to the registrar for an identification card to be issued under this section. Only a resident of the commonwealth shall be eligible to apply for an identification card issued by the registrar. The registrar shall establish by regulation criteria for identification cards.
 

 

REAL ID IX

SECTION 58.   Said section 8E of said chapter 90, as so appearing, is hereby further amended by striking out the third paragraph and inserting place thereof the following 4 paragraphs:-

An identification card or any renewal thereof issued under this section shall be valid from the date of issue and shall expire on a date to be determined by the registrar which shall not be more than 60 months from the date of issue; provided, however, that the registrar may authorize a 1-year extension of the period of identification card validity for an applicant who has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar, as authorized by this section and section 8. For the purposes of this section, an identification card issued to an operator born on February 29 shall expire on March 1.

Applications for identification cards shall be in such form as may be prescribed by the registrar and shall be signed by the applicant under oath. The photograph or facial image of the applicant required to be made a part of any identification card issued pursuant to this section shall be retained with the application for the period required by regulations of the registrar even if an identification card is not issued.

The registrar shall issue more than 1 type of identification card in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of identification card that is compliant with the REAL ID Act. An applicant for an identification card shall provide documentation acceptable to the registrar. REAL ID-compliant identification cards shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts identification card to an applicant who provides documentation acceptable to the registrar. A Massachusetts identification card shall not be used for federal identification purposes and shall be so marked. United States citizens or other applicants who provide proof of lawful presence may elect to apply for either a REAL ID-compliant identification card or a Massachusetts identification card.

The registrar may issue a REAL ID-compliant identification card or a Massachusetts identification card for a term of less than 60 months but not less than 12 months. No identification card of any type may be issued under this section to a person whose lawful presence is for less than 12 months from the date of application for the identification card. The registrar may issue an identification card for a term of less than 60 months to a resident of the commonwealth whose lawful presence is authorized for a period of at least 12 months; provided, however, that the expiration date of the identification card shall be coterminous with the expiration date of the applicant's authorized stay in the United States as evidenced by acceptable documents or information provided to the registrar. If the applicant's lawful presence is authorized for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, the identification card issued shall expire not later than 12 months from the date of issue. No identification card of less than 60 months in duration shall be renewed for any period unless the card holder provides documentation satisfactory to the registrar that the card holder is authorized to remain in the United States. Any such identification card shall have an expiration date coterminous with the expiration date of the authorized stay. An identification card issued for a duration of less than 60 months shall be marked as temporary.
 

 

REAL ID X

SECTION 59.   Said chapter 90 is hereby further amended by striking out section 31, as so appearing, and inserting in place thereof the following section:-

Section 31. The registrar may make rules and regulations governing the use and operation of motor vehicles or trailers and the conduct of operators and chauffeurs and may establish regulations to govern operators' licenses, permits and identification cards and any other products the registrar is authorized to issue or which are provided by general or special law. A copy of the rules and regulations, attested by the registrar, shall be prima facie evidence that they have been adopted as provided by law. This section shall not be construed as giving the registrar power to regulate the speed at which motor vehicles may be operated on public ways.
 

 

Driver School License I

SECTION 60.   Section 32G of said chapter 90 is hereby amended by inserting after the word "person", in line 1, as so appearing, the following words:- , no authority established under chapter 161B.
 

Veto Explanation:
I am vetoing this section, and related sections 61 and 107, because they unnecessarily open the drivers' education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Driver School License II

SECTION 61.   Said section 32G of said chapter 90 is hereby further amended by inserting after the word "No", in line 171, as so appearing, the following words:- authority established under chapter 161B and no.
 

Veto Explanation:
I am vetoing this section, and related sections 60 and 107, because they unnecessarily open the drivers' education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Grocery store labeling

SECTION 62.   Subsection (i) of section 184C of chapter 94 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- For the purposes of this subsection and unless the deputy director determines otherwise, individual items that differ only by color, flavor or scent shall be counted as the same item if they are identical in all other aspects, including price, size and brand.
 

 

Administering Controlled Substances

SECTION 63.   The definition of "Administer" in section 1 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out clause (c) and inserting in place thereof the following 2 clauses:-

(c) a registered pharmacist at the direction of a prescribing practitioner in the course of the practitioner's professional practice with respect to prescriptions for mental health and substance abuse only; or

(d) an ultimate user or research subject at the direction of a practitioner in the course of the practitioner's professional practice.
 

 

Outsourcing Facilities Technical Amendment

SECTION 64.   Section 7 of said chapter 94C is hereby amended by inserting after the word "druggist", in lines 20 and 26, as so appearing, each time it appears, the following words:- or outsourcing facility.
 

 

Needle Exchange Program

SECTION 65.   Chapter 111 of the General Laws is hereby amended by striking out section 215, as so appearing, and inserting in place thereof of the following section:-

Section 215. The department of public health may implement needle exchange programs for the exchange of needles in cities and towns. Prior to implementation of a needle exchange program, approval shall be obtained from the board of health in the hosting city or town. The city or town shall, in a manner determined by the department, provide notice of such approval to the department.

Not later than 1 year after the implementation of a needle exchange program, the department shall report the results of the program and any recommendations by filing the same with the senate and house chairs of the joint committee on health care financing and the house and senate chairs of the joint committee on public safety and homeland security.
 

 

Protective Custody Update I

SECTION 66.   Section 3 of chapter 111B of the General Laws, as so appearing, is hereby amended by striking out, in lines 16 and 17, the words "intoxicated persons or alcoholics" and inserting in place thereof the following words:- incapacitated persons or an acute-care hospital or satellite emergency facility as defined in section 51 1/2 of chapter 111.
 

Veto Explanation:
I am vetoing this section because I believe that creating authority for police officers to place in protective custody persons who are incapacitated due to controlled substances or toxic vapors can be done more effectively in the form I have proposed in an amended section 73.

 

Protective Custody Update II

SECTION 67.   Said section 3 of said chapter 111B, as so appearing, is hereby further amended by striking out, in lines 24 and 25, the words "an intoxicated person who, by reason of the consumption of intoxicating liquor is (1)" and inserting in place thereof the following words:- a person who, by reason of the consumption of an intoxicating liquor, controlled substance, toxic vapor or other substance, that causes the individual to become: (1).
 

Veto Explanation:
I am vetoing this section because I believe that creating authority for police officers to place in protective custody persons who are incapacitated due to controlled substances or toxic vapors can be done more effectively in the form I have proposed in an amended section 73.

 

Protective Custody Update III

SECTION 68.   Said section 3 of said chapter 111B, as so appearing, is hereby further amended by striking out, in lines 35 and 36, the words "intoxicated persons and alcoholics" and inserting in place thereof the following words:- individuals with an alcohol use disorder or substance use disorder or an acute-care hospital or satellite emergency facility as defined in section 51 1/2 of chapter 111.
 

Veto Explanation:
I am vetoing this section because I believe that creating authority for police officers to place in protective custody persons who are incapacitated due to controlled substances or toxic vapors can be done more effectively in the form I have proposed in an amended section 73.

 

Protective Custody Update IV

SECTION 69.   Said section 3 of said chapter 111B, as so appearing, is hereby further amended by inserting after the word "alcoholics", in line 40, the following words:- , or any acute-care hospital or satellite emergency facility, as defined in section 51 1/2 of chapter 111.
 

Veto Explanation:
I am vetoing this section because substance misuse treatment program units at hospitals and satellite emergency facilities are addressed under a hospital's primary health facilities license, and therefore no separate licensing scheme is required for these units.

 

Protective Custody Update V

SECTION 70.   Section 8 of said chapter 111B, as so appearing, is hereby amended by inserting after the word "incapacitated", in line 1, the following words:- by reason of the consumption of intoxicating liquor.
 

Veto Explanation:
I am vetoing this section because I believe that creating authority for police officers to place in protective custody persons who are incapacitated due to controlled substances or toxic vapors can be done more effectively in the form I have proposed in an amended section 73.

 

Protective Custody Update VI

SECTION 71.   Said section 8 of said chapter 111B, as so appearing, is hereby further amended by striking out, in line 37, the words "any incapacitated person" and inserting in place thereof the following words:- a person incapacitated by reason of the consumption of intoxicating liquor.
 

Veto Explanation:
I am vetoing this section because I believe that creating authority for police officers to place in protective custody persons who are incapacitated due to controlled substances or toxic vapors can be done more effectively in the form I have proposed in an amended section 73.

 

Protective Custody Update VII

SECTION 72.   Said section 8 of said chapter 111B, as so appearing, is hereby further amended by striking out, in lines 45 and 46, the words "an incapacitated person" and inserting in place thereof the following words:- a person incapacitated by reason of the consumption of intoxicating liquor.
 

Veto Explanation:
I am vetoing this section because I believe that creating authority for police officers to place in protective custody persons who are incapacitated due to controlled substances or toxic vapors can be done more effectively in the form I have proposed in an amended section 73.

 

Protective Custody Update VIII

SECTION 73.   Said chapter 111B is hereby further amended by inserting after section 8 the following section:-

Section 8A. Any person who is incapacitated for a reason other than the consumption of intoxicating liquor may be assisted by a police officer, with or without the person's consent, to the person's residence or to a facility. For purposes of this section, to determine whether or not a person is incapacitated, the police officer may request the person to submit to reasonable tests of coordination, coherency of speech and breath. Only when such tests indicate that the person is incapacitated shall the person be placed into protective custody and immediately transferred to the person's residence or to a facility for treatment. Whenever a police officer assists a person under the age of 18 in accordance with this section, the police officer shall notify the parent or guardian of that person forthwith.

No person assisted in accordance with this section shall be held in protective custody at a police station or against the person's will; provided, however, that a police officer may hold an incapacitated person in protective custody while attempting to locate that person's residence or a facility or when transporting an incapacitated person to that person's residence or a facility.

A police officer acting in accordance with this section may use such force as is reasonably necessary to carry out the officer's authorized responsibilities. If the police officer reasonably believes that the officer's safety or the safety of other persons present so requires, the officer may search the person being assisted and that person's immediate surroundings but only to the extent necessary to discover and seize any items or dangerous weapons which may, on that occasion, pose a danger to the person, the officer or other persons present. Any items taken shall be inventoried and returned to the person when the person is no longer incapacitated.

A person assisted in accordance with this section shall not be considered to have been arrested or to have been charged with any crime. An entry of custody shall be made indicating the date, time, place of custody, the name of the assisting officer and the name of the officer in charge. No such entry shall be treated as an arrest or criminal record for any purpose.
 

 

Codifying Mobile Integrated Health Programs

SECTION 74.   Section 2 of chapter 111C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following clause:-

(16) provide for mobile integrated health programs that are also the primary ambulance service for a jurisdiction to avert emergency calls for EMS from emergency departments when care is more appropriate in a non-emergency department setting, provided, however, that: (i) the care shall occur with qualified medical direction; (ii) the mobile integrated health program shall be approved by the department pursuant to chapter 111O; and (iii) each mobile integrated health program's emergency department aversion protocols shall be approved by the department.
 

 

Patient Confidentiality Clarification I

SECTION 75.   Section 12G of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word "eighteen E", in line 8, the following words:-, section 9 of chapter 32.
 

 

Patient Confidentiality Clarification II

SECTION 76.   Said section 12G of said chapter 112, as so appearing, is hereby further amended by inserting after the word "commonwealth", in line 17, the following words:- , board established under chapter 32.
 

 

Interchangeable Biologics

SECTION 77.   Section 12EE of said chapter 112, as so appearing, is hereby amended by striking out, in line 17, the words "biosimilar and interchangeable with" and inserting in place thereof the following words:- therapeutically equivalent to.
 

 

Compounded Medications for Companion Animals

SECTION 78.   Said chapter 112 is hereby further amended by inserting after section 58A the following section:-

Section 58A1/2. (a) For the purposes of this section, the following words shall have the following meaning unless the context clearly requires otherwise:

"Companion animal", a domesticated animal including, but not limited to, fowl, birds, fish or reptiles; provided, however, that "companion animal" shall not include animals intended for consumption or whose products are intended for consumption by humans or other animals.

"Compounded drug", a drug formulation distributed from a pharmacy that has been prepared, mixed or assembled for use on or for a companion animal to meet the unique medical need of a companion animal as determined by the prescribing veterinarian including, but not limited to, the removal of a dye for medical reasons, a change in strength, the addition of a flavor or a change in dosage, form or delivery mechanism.

(b) A veterinarian may dispense a compounded drug to a companion animal if: (i) the companion animal is a patient within a valid veterinarian-client-patient relationship, as defined in the principles of veterinary medical ethics established by the American Veterinary Medical Association; (ii) the quantity dispensed does not exceed a 120 hour supply; (iii) the compounded drug is for the treatment of an emergency condition; and (iv) timely access to a compounding pharmacy is not available, as determined by the prescribing veterinarian.

(c) Pharmacists shall label all compounded products for companion animals distributed to a veterinarian for further distribution or sale and shall include: (i) the name and strength of the compounded medication or list of the active ingredients and strengths; (ii) the facility's control number; (iii) an appropriate beyond-use date as determined by the pharmacist in compliance with the United States Pharmacopeia and the National Formulary standards for pharmacy compounding; (iv) the name and address of the pharmacy; and (v) the quantity.
 

 

Mobile Barbering and Cosmetology Services I

SECTION 79.   Section 87T of said chapter 112, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of "Manicuring" the following 2 definitions:-

"Mobile business", a person or organization authorized by the board to provide mobile services.

"Mobile services", those practices within the definitions of aesthetics, barbering, cosmetology, electrolysis, hairdressing and manicuring that the board authorizes to be provided at a location other than a licensed shop.
 

 

Mobile Barbering and Cosmetology Services II

SECTION 80.   Section 87V of said chapter 112, as so appearing, is hereby amended by striking out, in line 4, the words "the operation of shops" and inserting in place thereof the following words:- mobile services, the operation of shops and mobile businesses.
 

 

Mobile Barbering and Cosmetology Services IV

SECTION 81.   Said section 87V of said chapter 112, as so appearing, is hereby further amended by striking out, in line 15, the word "shop" and inserting in place thereof the following words:- person licensed or authorized by the board.
 

 

Mobile Barbering and Cosmetology Services V

SECTION 82.   Said section 87V of said chapter 112, as so appearing, is hereby further amended by striking out, in line 16, the word "therein of so-called" and inserting in place thereof the following word:- of.
 

 

Mobile Barbering and Cosmetology Services VI

SECTION 83.   Said section 87V of said chapter 112, as so appearing, is hereby further amended by striking out, in lines 20 and 21, the words "fixed place or establishment, which place or establishment" and inserting in place thereof the following words:- licensed shop or other location authorized by the board and.
 

 

Mobile Barbering and Cosmetology Services VII

SECTION 84.   Section 87W of said chapter 112, as so appearing, is hereby amended by inserting after the word "attendance", in line 16, the following words:- or in another location authorized by the board.
 

 

Mobile Barbering and Cosmetology Services VIII

SECTION 85.   Said chapter 112 is hereby further amended by striking out section 87AA, as so appearing, and inserting in place thereof the following section:-

Section 87AA. Upon payment to the board of a fee as provided in section 87CC, the board may authorize a licensee or a person employing a licensee to operate a licensed shop. A mobile business or the holder of a shop license shall not employ for hire or allow an individual to provide aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in the shop or mobile business unless the individual is licensed pursuant to sections 87T to 87JJ, inclusive.

A shop license issued under this section shall be valid only for the location named in the license. Upon a licensed shop's change of location, a new license shall be issued to the shop upon payment of the fee provided in section 87CC. A shop license and mobile business authorization shall not be transferable.
 

 

Mobile Barbering and Cosmetology Services IX

SECTION 86.   Section 87CC of said chapter 112, as amended by section 5 of chapter 70 of the acts of 2016, is hereby further amended by adding the following sentence:- The licensing and application fees and civil administrative penalties collected pursuant to sections 87T to 87JJ, inclusive, shall be deposited into the Division of Professional Licensure Trust Fund established in section 35V of chapter 10.
 

Veto Explanation:
I am vetoing this section because it would reverse the effect of section 5 of the mid-year supplemental budget for fiscal year 2016, which I approved in April. That section required all fees and penalties collected by the board of registration of cosmetology to be directed to the General Fund. By reversing that requirement, this section would divert approximately $2.7 million from the General Fund.

 

Mobile Barbering and Cosmetology Services X

SECTION 87.   Said chapter 112 is hereby further amended by striking out section 87DD, as appearing in the 2014 Official Edition, and inserting in place thereof the following section:-

Section 87DD. The board may enter and inspect a shop, school or mobile business in a proper manner at any time during the business hours of the shop, school or mobile business. If a complaint is made to the board that: (i) a person has suffered personal injury as a result of the occupational practice of aesthetics, barbering, cosmetology, electrology, hairdressing or manicuring; (ii) a person has been exposed to a hazard to the public's health, safety or welfare; (iii) a contagious or infectious disease has been imparted at a shop or by a licensee or authorized mobile business; (iv) a shop, school or location where mobile services are performed is being kept in an unsanitary condition; or (v) a person has been engaged in aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring in violation of sections 87T to 87JJ, inclusive, the board shall visit and inspect the shop, school or mobile business where the violation is alleged to have occurred and enforce sections 87T to 87JJ, inclusive, in accordance with applicable laws and regulations. The board may investigate the standard of professional training at a school and the sufficiency of any courses offered at the school.
 

 

Mobile Barbering and Cosmetology Services XI

SECTION 88.   Section 87II of said chapter 112, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Whoever engages in or follows, attempts to engage in or follow or acts as an instructor of the occupation of aesthetics, barbering, cosmetology, electrolysis, hairdressing or manicuring, without being duly licensed by the board and whoever conducts or attempts to conduct a shop or school without a license or a mobile business without authorization by the board and whoever violates sections 87T to 87HH, inclusive, shall, in addition to any other penalty prescribed or authorized by said sections 87T to 87HH, inclusive, be subject to penalties under sections 61 to 65E, inclusive. Upon notice from the board, the board of health or any equivalent authority of a city or town shall terminate a general authorization to conduct business given to such shop, school or mobile business.
 

 

Augmentative and Alternative Communication Devices

SECTION 89.   Section 10H of chapter 118E of the General Laws, inserted by section 25 of chapter 226 of the acts of 2014, is hereby amended by inserting after the word "tablets", in line 11, the following words:- ; provided, however, that the division shall also provide coverage for augmentative and alternative communication devices not eligible for federal funds if the total cost incurred by the division for a device that is not eligible for federal funds is not more than the commonwealth's share of a comparable device that is eligible for federal funds.
 

Veto Explanation:
I am vetoing this section because, while MassHealth currently supports a robust program to assist members with a severe expressive communication impairment, including coverage of services and medically necessary AAC devices that are federally reimbursable, MassHealth should not cover non-medical services and benefits.

 

College Savings Account Assets I

SECTION 90.   Section 25 of said chapter 118E, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "called", in line 49, the following words:- ; and

(6) a college savings plan established and maintained pursuant to or consistent with section 529 of the Internal Revenue Code.
 

Veto Explanation:
I am vetoing this section because recognizing an exemption for college savings accounts in determining eligibility for MassHealth benefits would violate federal Medicaid rules. MassHealth will continue to investigate ways in which savings for college expenses could be made exempt without violating federal law. I am also approving section 123 because federal law does not present the same constraints with respect to the Transitional Aid to Families with Dependent Children program.

 

Racing Statute Update VI

SECTION 91.   Section 6 of chapter 128C of the General Laws, as so appearing, is hereby amended by striking out, in lines 9, 18, 36, 44 and 61, the words "two and one-half percent" and inserting in place thereof, in each instance, the following words: 3/8 of 1 per cent.
 

 

Tenant Brewers I

SECTION 92.   Section 1 of chapter 138 of the General Laws is hereby amended by inserting after the definition of "Farmer-winery", as so appearing, the following definition:-

"Host brewer", a person or entity licensed pursuant to section 19 or 19C to manufacture malt beverages who has entered into an alternating proprietorship arrangement with a tenant brewer approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau to manufacture or package malt beverages on behalf of the tenant brewer.
 

 

Tenant Brewers II

SECTION 93.   Section 1 of said chapter 138 is hereby further amended by inserting after the definition of "Tavern", as so appearing, the following new definition:-

"Tenant Brewer", a person or entity that has been licensed pursuant to section 19 or section 19C or a license holder outside the commonwealth that is authorized to manufacture, export and import malt beverages and has a transportation permit issued pursuant to section 22 who has entered into an alternating proprietorship arrangement with a host brewer approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau to manufacture or package malt beverages at a host brewer's premises.
 

 

Tenant Brewers III

SECTION 94.   Section 18 of said chapter 138, as so appearing, is hereby amended by striking out, in line 87, the words "section 19F" and inserting in place thereof the following words:- sections 19F and 19G.
 

 

Tenant Brewers IV

SECTION 95.   Said chapter 138 is hereby amended by inserting after section 19F the following section:-

Section 19G. (a) The commission may issue a tenant brewer license which authorizes the licensee to manufacture or package malt beverages on the premises of a host brewer to any individual applicant who is a resident and citizen of the commonwealth or to a corporation, partnership or other entity which complies with the requirements of section 26 and is a holder of a certificate of compliance issued pursuant to section 18B. An applicant for a tenant brewer license shall provide the commission and the department of revenue with a true copy of the applicable alcoholic beverage license to manufacture, export and import as issued by the appropriate licensing authority.

To be eligible for a tenant brewer license, the applicant shall: (i) be licensed pursuant to section 19C or section 19D or licensed in any other state to manufacture, export and import malt beverages; (ii) comply with any federal law regulating the manufacture, export or import of malt beverages as identified by the commission in a written guidance that shall be issued to each host brewer, tenant brewer and wholesaler licensed pursuant to section 18 ; and (iii) shall have an approved alternating proprietorship arrangement that allows the applicant to use the facilities, equipment and employees of a host brewer.

A tenant brewer may import such raw materials as are required solely for the production and packaging of the malt beverages including, without limitation, bulk malt beverages produced by the tenant brewer at its brewery of origin. The bulk malt beverages imported by the tenant brewer shall be packaged and shipped back to the tenant brewer's brewery of origin or to a wholesaler licensed pursuant to section 18 or to a license holder outside the commonwealth authorized to import malt beverages designated by the tenant brewer within 10 days after receipt by the host brewer.

Any product produced or packaged at the host brewer's premises shall be removed from the host brewer's premises within 10 days after the brewing or packaging process is completed. The finished product shall be returned to the tenant brewer's brewery of origin or to a wholesaler licensed pursuant to section 18 or to a license holder outside the commonwealth authorized to import malt beverages designated by the tenant brewer.

(b) The commission shall require a tenant brewer and a host brewer to maintain a record or log indicating which equipment is being used at any time by the tenant brewer in the production or packaging of malt beverages and which employees are working on production or packaging of the tenant brewer's product. A tenant brewer shall be subject to the same reporting requirements as the host brewer.

A tenant brewer license issued pursuant to this section shall not authorize the licensee to sell malt beverages to any person or entity other than a wholesaler licensed pursuant to section 18. A tenant brewer licensee shall only be authorized to manufacture or package malt beverages pursuant to this section.

(c) The annual fee for a license issued under this section shall be $1,000.

(d) For the purposes of this section, "package" shall mean a keg, cask, barrel, bottle, can or other container approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau for malt beverages. For the purposes of this section, "brewery of origin" shall mean any brewery at which a tenant brewer is duly licensed to manufacture malt beverages other than at the host brewer's premises.
 

 

REAL ID XI

SECTION 96.   The first paragraph of section 34B of said chapter 138 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following sentence:- A liquor purchase identification card issued by the registrar shall be labeled as "Not for Federal Identification.
 

 

Elevator Inspections

SECTION 97.   Section 64 of chapter 143 of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "at intervals of not less than 5 years; provided, however" and inserting in place thereof the following words:- as necessary for acceptance following an installation, alteration or modernization that requires a permit by the board of elevator regulations; provided, however, that any elevator classified by the commissioner as a limited use elevator including, but not limited to, a wheelchair lift, dumbwaiter and vertical reciprocating conveyor shall be inspected and tested at intervals of not less than 2 years; provided further.
 

 

Elevator Fines II

SECTION 98.   Section 65 of said chapter 143, as so appearing, is hereby amended by striking out, in lines 23 and 25, the figure "$100" and inserting in place thereof, in each instance, the following figure:- $50.
 

Veto Explanation:
I am vetoing this section, and related sections 100 and 101, because they are unnecessary and reduce the Commonwealth's departmental revenue, for which the Legislature has not accounted. These sections would reduce revenues by $5.6 million, or approximately 30% of inspection revenues, while commensurately reducing elevator owners' incentives to have their elevators inspected on a regular basis. In addition, the Department of Public Safety is in the process of promulgating regulations that will greatly improve the process for issuing waivers and the availability of such waivers, and thereby mitigate concerns about the amount of fines imposed. These measures address the primary issues with regard to elevator inspections. I am approving sections 97, 99, and 102 to 104 because they result in a very modest reduction in revenue for the Commonwealth, while acknowledging that the frequency of inspections currently in law may not be appropriate for all types of elevators in use.

 

Elevator Fines III

SECTION 99.   Said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 33, the word "unit" and inserting in place thereof the following words:- dumbwaiter, limited use elevator or limited application elevator, as defined in section 71E, or a wheelchair lift.
 

 

Elevator Fines IV

SECTION 100.   Said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 35, the figure "$5,000" and inserting in place thereof the following figure:- $1,000.
 

Veto Explanation:
I am vetoing this section, and related sections 98 and 101, because they are unnecessary and reduce the Commonwealth's departmental revenue, for which the Legislature has not accounted. These sections would reduce revenues by $5.6 million, or approximately 30% of inspection revenues, while commensurately reducing elevator owners' incentives to have their elevators inspected on a regular basis. In addition, the Department of Public Safety is in the process of promulgating regulations that will greatly improve the process for issuing waivers and the availability of such waivers, and thereby mitigate concerns about the amount of fines imposed. These measures address the primary issues with regard to elevator inspections. I am approving sections 97, 99, and 102 to 104 because they result in a very modest reduction in revenue for the Commonwealth, while acknowledging that the frequency of inspections currently in law may not be appropriate for all types of elevators in use.

 

Elevator Fines V

SECTION 101.   Said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 36, the figure "$20,000" and inserting in place thereof the following figure:- $5,000.
 

Veto Explanation:
I am vetoing this section, and related sections 98 and 100, because they are unnecessary and reduce the Commonwealth's departmental revenue, for which the Legislature has not accounted. These sections would reduce revenues by $5.6 million, or approximately 30% of inspection revenues, while commensurately reducing elevator owners' incentives to have their elevators inspected on a regular basis. In addition, the Department of Public Safety is in the process of promulgating regulations that will greatly improve the process for issuing waivers and the availability of such waivers, and thereby mitigate concerns about the amount of fines imposed. These measures address the primary issues with regard to elevator inspections. I am approving sections 97, 99, and 102 to 104 because they result in a very modest reduction in revenue for the Commonwealth, while acknowledging that the frequency of inspections currently in law may not be appropriate for all types of elevators in use.

 

Elevator Fines VI

SECTION 102.   Said section 65 of said chapter 143, as so appearing, is hereby further amended by striking out, in line 39, the figure "21" and inserting in place thereof the following figure:- 22.
 

 

Elevator Definition I

SECTION 103.   Section 71E of said chapter 143, as so appearing, is hereby amended by inserting after the word "lifts", in line 4, the second time it appears, the following words:- , limited use elevators or limited application elevators.
 

 

Elevator Definition II

SECTION 104.   Said section 71E of said chapter 143, as so appearing, is hereby further amended by adding the following paragraph:-

As used in this section and sections 62 to 71F, inclusive, "limited use elevator" or "limited application elevator" shall mean a power passenger elevator with a weight capacity that does not exceed 1,400 pounds, has a travel distance that does not exceed 25 feet and is not integrated with a fire detection system.
 

 

Public Utility Company Hoisting Licensure

SECTION 105.   Section 53 of chapter 146 of the General Laws, as so appearing, is hereby amended by striking out subsection (e) and inserting in place thereof the following 3 subsections:-

(e) A public utility company that operates self-propelled truck-mounted cranes, derricks and similar hoisting equipment for the maintenance and construction of the company's equipment shall be exempt from this section if the company has: (i) at least 1 supervisory employee who holds a license issued by the department pursuant to this section and who is designated as the responsible person in charge of the hoisting equipment; and (ii) a company provides in-service training program for its employees. This exemption shall only apply if the in-service training program for employees has been approved by the department. The in-service training program may be audited by the department. The public utility company shall issue a company license to each trained and certified employee. The license shall contain a picture of the licensee, a list of the specific hoisting equipment that the licensee has been qualified to operate and the signature of the supervisory employee who holds a department license. The commissioner may adopt rules and regulations to permit operation of additional types of equipment for which employees of exempt public utility companies have been trained and certified in an approved in-service training program.

(f) Any other company that has cranes, derricks and similar hoisting equipment operated only upon public utility company property or equipment shall be exempt from this section if: (i) the company has met the requirements set forth in clauses (i) and (ii) of subsection (e); (ii) the company's employees have obtained a company license from an approved in-service training program of the public utility company for which they are performing work; or (iii) the company's employees are working at the direction of the public utility company and performing work associated with service restoration in connection with a weather or other emergency causing damage to property or equipment. The public utility company shall provide written or electronic notification to the commissioner prior to the commencement of such work.

(g) Any other company that operates hoisting equipment specifically limited to industrial lift trucks, forklifts, overhead cranes and other hoisting equipment, specifically authorized by the department and used exclusively on company property shall be exempt from this section the company has met the requirements of clauses (i) and (ii) of subsection (e) and at least 1 supervisory employee is on site at all times of operation and the supervisory employee holds a license issued by the department under this section and is designated as the responsible person in charge of hoisting equipment during that period of operation.
 

 

Hoisting Operator License

SECTION 106.   Section 57 of said chapter 146, as so appearing, is hereby amended by striking out, in line 16, the word "ninety" and inserting in place thereof the following figure:- 60.
 

 

Driver School Licenses III

SECTION 107.   Section 6 of chapter 161B of the General Laws, as so appearing, is hereby amended by adding the following clause:-

(r) to apply for and receive a license to engage in the business of giving instruction for hire under section 32G of chapter 90 in the operation of commercial motor vehicles as defined in section 1 of chapter 90F.
 

Veto Explanation:
I am vetoing this section, and related sections 60 and 61, because they unnecessarily open the driver education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Lyme Disease Mandated Benefit I

SECTION 108.   Chapter 175 of the General Laws is hereby amended by inserting after section 47GG the following section:-

Section 47HH. (a) For the purposes of this section, "Lyme disease" and "Long-term antibiotic therapy" and "Lyme disease" shall have the same meaning as ascribed to them in section 12DD of chapter 112.

(b) A policy, contract, agreement, plan or certificate of insurance issued, delivered or renewed within the commonwealth that provides medical expense coverage shall provide coverage for long-term antibiotic therapy for a patient with Lyme disease when determined to be medically necessary and ordered by a licensed physician after making a thorough evaluation of the patient's symptoms, diagnostic test results, or response to treatment. An experimental drug shall be covered as a long-term antibiotic therapy if it is approved for any indication by the United States Food and Drug Administration; provided, however, that a drug, including an experimental drug, shall be covered for an off-label use in the treatment of Lyme disease if the drug has been approved by the United States Food and Drug Administration.
 

 

Lyme Disease Mandated Benefit II

SECTION 109.   Section 47HH of said chapter 175 is hereby repealed.
 

 

First Dose Monitoring

SECTION 110.   Subsection (b) of section 3 of chapter 175H of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following paragraph:-

(3) This section shall not apply to a discount, rebate or other payment by a pharmaceutical manufacturing company to a patient or another person on the patient's behalf, other than the prescriber of the drug or biologic, for health care items or services related to the patient's use of a drug or biologic of the manufacturer where such items or services are required under a Food and Drug Administration Risk Evaluation and Mitigation Strategy or are for the purpose of monitoring or facilitating the use of the drug or biologic in a manner consistent with the drug or biologic's approved labeling.
 

Veto Explanation:
I am vetoing this section because this effects a broad policy change that should not be made through an outside section in the budget, without the benefit of a public hearing.

 

Lyme Disease Mandated Benefit III

SECTION 111.   Chapter 176A of the General Laws is hereby amended by inserting after section 8II the following section:-

Section 8JJ. .(a) For the purposes of this section, "Long-term antibiotic therapy" and "Lyme disease" shall have the same mean as ascribed to them in section 12DD of chapter 112.

(b) A contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall provide coverage for long-term antibiotic therapy for a patient with Lyme disease when determined to be medically necessary and ordered by a licensed physician after making a thorough evaluation of the patient's symptoms, diagnostic test results, or response to treatment. An experimental drug shall be covered as a long-term antibiotic therapy if it is approved for any indication by the United States Food and Drug Administration; provided, however, that a drug, including an experimental drug, shall be covered for an off-label use in the treatment of Lyme disease if the drug has been approved by the United States Food and Drug Administration.
 

 

Lyme Disease Mandated Benefit IV

SECTION 112.   Section 8JJ of said chapter 176A is hereby repealed.
 

 

Lyme Disease Mandated Benefit V

SECTION 113.   Chapter 176B of the General Laws is hereby amended by inserting after section 4II the following section:-

Section 4JJ. .(a) For the purposes of this section, "Long-term antibiotic therapy" and "Lyme disease" shall have the same mean as ascribed to them in section 12DD of chapter 112.

(b) A subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for long-term antibiotic therapy for a patient with Lyme disease when determined to be medically necessary and ordered by a licensed physician after making a thorough evaluation of the patient's symptoms, diagnostic test results, or response to treatment. An experimental drug shall be covered as a long-term antibiotic therapy if it is approved for any indication by the United States Food and Drug Administration; provided, however, that a drug, including an experimental drug, shall be covered for an off-label use in the treatment of Lyme disease if the drug has been approved by the United States Food and Drug Administration.
 

 

Lyme Disease Mandated Benefit VI

SECTION 114.   Section 4JJ of said chapter 176B is hereby repealed.
 

 

Lyme Disease Mandated Benefit VII

SECTION 115.   Chapter 176G of the General Laws is hereby amended by inserting after section 4AA the following section:-

Section 4BB. (a) For the purposes of this section, "Long-term antibiotic therapy" and "Lyme disease" shall have the same mean as ascribed to them in section 12DD of chapter 112.

(b) An individual or group health maintenance contract shall provide coverage for long-term antibiotic therapy for a patient with Lyme disease when determined to be medically necessary and ordered by a licensed physician after making a thorough evaluation of the patient's symptoms, diagnostic test results, or response to treatment. An experimental drug shall be covered as a long-term antibiotic therapy if it is approved for any indication by the United States Food and Drug Administration; provided, however, that a drug, including an experimental drug, shall be covered for an off-label use in the treatment of Lyme disease if the drug has been approved by the United States Food and Drug Administration.
 

 

Lyme Disease Mandated Benefit VIII

SECTION 116.   Section 4BB of said chapter 176G is hereby repealed.
 

 

Real Estate Sales by Guardians I

SECTION 117.   Section 12 of chapter 202 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in lines 2 and 3, the words ", or of a person who is incapacitated by reason of mental illness,".
 

 

Real Estate Sales by Guardians II

SECTION 118.   Said section 12 of said chapter 202, as so appearing, is hereby further amended by striking out, in line 5, the words "public welfare, or, in the case of a person incapacitated by reason of mental illness, to the department of mental health" and inserting in place thereof the following words:- transitional assistance.
 

 

Children and Family Law Division Billable Hours Cap Waiver

SECTION 119.   Section 11 of chapter 211D of the General Laws, as amended by section 119 of chapter 46 of the acts of 2015, is hereby further amended by adding the following subsection:-

(d) Notwithstanding the billable hour limitations in subsections (c) and (d), the chief counsel may waive the annual cap on billable hours for private counsel appointed or assigned to the children and family law cases and the care and protection cases if the chief counsel finds that: (i) there is limited availability of qualified counsel in that practice area; (ii) shifting the services to private counsel would result in cost efficiencies; or (iii) shifting the service to private counsel would improve the quality of service; provided, however, that counsel appointed or assigned to such cases within the private counsel division shall not be paid for any time billed in excess of 1,800 billable hours. It shall be the responsibility of private counsel to manage their billable hours.
 

 

Bail Fees

SECTION 120.   Section 24 of chapter 262 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 3, the figure "$40" and inserting in place thereof the following figure:- $50.
 

Veto Explanation:
I am vetoing this section because it unnecessarily raises fees without proposing any increased or improved services, or otherwise providing justification for the fee increase.

 

Juvenile Probation Fees

SECTION 121.   Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding this section or any other general or special law to the contrary, no fee or surcharge required pursuant to this section shall be assessed upon any person placed on probation while under the age of 18.
 

 

Roxbury Trust Fund Committee

SECTION 122.   Section 1 of chapter 443 of the acts of 1990 is hereby amended by striking out the definition of "Roxbury Trust Fund Committee" and inserting in place thereof the following definition:-

"Roxbury Trust Fund Committee", a committee with a size, membership and term length as determined by the trustees in accordance with the declaration of trust of the Roxbury Trust Fund Committee Trust, as may be amended from time to time by a majority of the trustees; provided, however, that such membership shall include, as ex officio trustees, the sitting state senator of the district or the senator's designee, the sitting state representatives of the district or the representatives' designees and the sitting mayor of the city of Boston or the mayor's designee; provided further, that the ex officio trustees shall be eligible to vote on amendments to the declaration of trust but shall be nonvoting trustees for all other purposes; provided further, that the Roxbury Trust Fund Committee may: (i) exercise all powers necessary to carry out the purposes of the trust including, but not limited to, operating for a charitable, scientific, literary or educational purpose; and (ii) raise, collect and expend funds, property or other assets as necessary to support or sustain the trust purposes.
 

 

College Savings Account Assets II

SECTION 123.   Subsection (b) of section 110 of chapter 5 of the acts of 1995 is hereby amended by striking out the words "and provided further, that the commissioner, deputy commissioner or an assistant commissioner may grant a full or partial written waiver for a vehicle valued in excess of $15,000 that the commissioner, deputy commissioner or assistant commissioner determines is necessary for a particular employment or family circumstance", inserted by section 22 of chapter 158 of the acts of 2014, and inserting in place thereof the following words:- provided further, that the commissioner, deputy commissioner or an assistant commissioner may grant a full or partial written waiver for a vehicle valued in excess of $15,000 that the commissioner, deputy commissioner or assistant commissioner determines is necessary for a particular employment or family circumstance; and provided further, that an assistance unit shall be allowed the value and balance of a college savings plan established and maintained pursuant to, or consistent with, section 529 of the Internal Revenue Code.
 

 

Earned Income Disregard I

SECTION 124.   Said section 110 of said chapter 5 is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) The department shall establish levels of assistance that vary according to whether families qualify for the exempt categories of assistance established in subsection (e). Families of comparable size and financial circumstances that are determined to qualify for any such exempt categories of assistance shall be awarded a higher standard of payment than the assistance awarded to families not so qualifying. The lower payment standard shall be 2 per cent below the higher standard. An earnings disregard of 50 per cent of earned income shall be provided to both exempt and nonexempt families, subject to subsection (g). Neither the lower payment standard nor the 50 per cent disregard shall be effective unless the other provision is also effective.
 

 

Earned Income Disregard II

SECTION 125.   Subsection (g) of said section 110 of said chapter 5 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

A recipient, or an applicant who has received transitional aid for families with dependent children within the last 4 calendar months, shall be eligible to have 50 per cent of the remaining gross earned income, after work-related expenses but before dependent care deductions, disregarded for the entire period that such recipient is eligible for assistance.
 

 

Essex Regional Retirement System I

SECTION 126.   Section 14 of chapter 463 of the acts of 2004 is hereby amended by inserting after the first sentence the following 3 sentences:- Commencing on July 1, 2016 and on July 1 of each year thereafter, the district shall annually reimburse the Essex Regional Retirement System the amounts required, as determined and certified by the actuary employed by the public employee retirement administration commission, for the pension fund, the special fund for military service credit and the expense fund described in paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws and subdivisions (3), (4), (5) and (8) of section 22 of said chapter 32 for the liability attributable to the former Essex Independent Agricultural and Technical Institute as of June 30, 2014. For the purposes of this paragraph, the amounts herein required shall be considered the district's appropriation to the Essex Regional Retirement System. The district's annual appropriation to the Essex Regional Retirement System shall be apportioned to the member municipalities as described in section 10.
 

 

Essex Regional Retirement System II

SECTION 127.   Chapter 463 of the acts of 2004 is hereby further amended by inserting after section 14 the following section:-

Section 14A. If any member municipality fails to include an amount so certified in its budget for a fiscal year, the assessors or other taxing authorities shall, notwithstanding such failure, include such amounts in the next tax levy. All amounts so certified pursuant to section 14 shall be a legal obligation of the district and may be recovered in an action of contract by the Essex Regional Retirement Board.
 

 

Sullivan McGlaughlin Land Transfer

SECTION 128.   Section 1 of chapter 207 of the acts of 2007 is hereby amended by inserting after the word "appraisals", in line 24, the following words:- and shall be deposited in the Conservation Trust established in section 1 of chapter 132A of the General Laws and expended by the department to acquire lands or interests therein to ensure a no-net-loss of lands protected for natural resource purposes under Article 97 of the Amendments to the Constitution.
 

 

Prescription Drug Coupons

SECTION 129.   Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure "2017", inserted by section 2 of chapter 441 of the acts of 2014, and inserting in place thereof the following figure:- 2019.
 

 

Stoughton Train Station

SECTION 130.   Section 33 of chapter 242 of the acts of 2012 is hereby amended by striking out, in lines 13 and 14, the words "fair market value, shall be made free of interest and shall be payable over a period of not less than 10 years" and inserting in place thereof the following figure:- $175,000.
 

 

Afterschool and Out-of-School Time Coordinating Council Extension

SECTION 131.   Section 1 of chapter 254 of the acts of 2012 is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Council members shall be appointed for terms of 6 years. The council shall meet 4 times annually. After the first 6 years, the council shall evaluate the progress of its efforts and shall disband unless a majority of the members recognize a continuing need for the council.
 

 

MBTA Fare Increases

SECTION 133.   Section 61 of chapter 46 of the acts of 2013 is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Fares shall not be increased more than once in a 24-month period. No fare shall be increased greater than 7 per cent during a 24-month period. For the purposes of this section, "fare" shall mean an amount paid by a user including, but not limited to, the cost of any single-ride price for a mode, the cost of a pass and any discount from the cost of a single-ride price or the cost of pass, regardless of fare payment type, product or media.
 

 

ABLE accounts 3

SECTION 134.   Subsection (b) of section 33 of chapter 226 of the acts of 2014 is hereby repealed.
 

 

ABLE Account III

SECTION 135.   Section 34 of said chapter 226 is hereby repealed.
 

 

Opiate Overdose Study Update I

SECTION 136.   Section 1 of chapter 55 of the acts of 2015 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, the secretary of health and human services, in collaboration with the department of public health, shall conduct or provide for an examination of the prescribing and treatment history, including court-ordered treatment or treatment within the criminal justice system, of persons in the commonwealth who suffered fatal or nonfatal opiate overdoses in calendar years 2013 to 2015, inclusive. Any report or supplemental reports resulting from this examination shall provide any data in an aggregate and de-identified format.
 

 

Opiate Overdose Study Update II

SECTION 137.   Said section 1 of said chapter 55 is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The report shall be filed with the clerks of the senate and house of representatives, the house and senate chairs of the joint committee on mental health and substance abuse, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means. The secretary of health and human services may publish supplemental reports on the trends identified through its examination; provided, however, that any supplemental report shall be filed not later than July 1, 2017 and shall be filed with the clerks of the senate and house of representatives, the house and senate chairs of the joint committee on mental health and substance abuse, the joint committee on public health, the joint committee on health care financing and the house and senate committees on ways and means.
 

 

Substance Abuse Evaluation Annual Reporting

SECTION 138.   Section 32 of chapter 52 of the acts of 2016 is hereby amended by adding the following subsection:-

(i) The department of public health shall annually collect, in a manner to be determined by the department, the frequency and location of substance abuse evaluations ordered pursuant to this section. The department shall report such information to the joint committee on health care financing, the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than January 1, annually.
 

 

MassHealth Delivery System Reform IV

SECTION 139.   Chapter 115 of the acts of 2016 is hereby amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. Subsection (b) of section 66 of said chapter 118E, as appearing in the 2014 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following 2 sentences:- The office shall transfer $257,500,000 to the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of said chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Commonwealth Care Trust Fund or the MassHealth Delivery System Reform Trust Fund, for payments to hospitals and community health centers for reimbursable health services provided to uninsured and underinsured residents, consistent with the requirements of this section, section 69 and the regulations adopted by the office.
 

 

Tenant Brewers V

SECTION 140.   The department of revenue shall promulgate rules and regulations for the collection of the excise as it applies to licenses issued pursuant to section 19G of chapter 138 of the General Laws.
 

 

REAL ID XII

SECTION 141.   Notwithstanding section 8 of chapter 90 of the General laws, a Massachusetts license issued on or before the effective date section 28E may be renewed as a Massachusetts license without the license holder providing proof of lawful presence or the expiration date of an authorized stay.
 

 

REAL ID XIII

SECTION 142.   Notwithstanding section 8E of chapter 90 of the General Laws, a Massachusetts identification card issued before the effective date of section 28I may be renewed as a Massachusetts identification card without the license holder providing proof of lawful presence or the expiration date of an authorized stay.
 

 

Board of Cosmetology & Barbering

SECTION 143.   Notwithstanding any general or special law to the contrary, any school licensed by the board of registration of cosmetology and barbers shall be exempt from section 263 of chapter 112 of the General Laws.
 

 

Trial Court Transferability

SECTION 144.   Notwithstanding clause (xxiii) of the third paragraph of section 9A 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 to April 30, 2017, inclusive, transfer funds from any item of appropriation within the trial court ; provided, however, that the court administrator shall not transfer more than 5 per cent of funds from items 0339-1001 and 0339-1003 to any other item of appropriation within the trial court. The transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedules shall include: (i) the amount of money transferred from any item of appropriation to any other item of appropriation; (ii) the reason for the necessity of the transfer; and (iii) 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 writing to the house and senate committees on ways and means.
 

 

Other Post-Employment Benefits Liability

SECTION 145.   (a) Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 shall be deposited into the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws not later than June 30, 2017. The amount deposited shall be an amount equal to 10 per cent of all payments received by the commonwealth in fiscal year 2017 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 2017 the unexpended balances of said items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 is less than 10 per cent of all payments received by the commonwealth in fiscal year 2017 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.

(b) Notwithstanding any general or special law to the contrary, the percentage increase set forth in section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2017.
 

 

MassHealth Delivery System Reform VI

SECTION 146.   Notwithstanding any general or special law to the contrary, the secretary of health and human services shall, not later than June 30, 2017, make available $73,500,000 from the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of chapter 29 of the General Laws to the comptroller for deposit in the General Fund to reimburse the commonwealth for Medicaid-related expenses incurred in fiscal year 2017 as certified by the secretary of health and human services.
 

 

Commonwealth Care Trust Fund Transfer

SECTION 147.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer up to $110,000,000 from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the General Fund if the secretary of administration and finance requests such transfer in writing.
 

 

Department of Mental Health Trust Fund Transfer

SECTION 148.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer the following amounts to the General Fund not later than June 30, 2017: (i) $4,000,000 from the unexpended balance of the Mental Health Information System Trust Fund; (ii) $2,000,000 from the H.C. Solomon Mental Health Center Trust Fund; (iii) $658,436 from the Cape Cod and Islands Mental Health and Retardation Center Trust Fund; and (iv) $1,000,000 from the Quincy Mental Health Center Trust Fund.
 

 

Department of Developmental Services Trust Fund Transfer

SECTION 149.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer $5,000,000 from the unexpended balance of the Department of Developmental Services Trust Fund established in section 2RRR of chapter 29 of the General Laws to the General Fund not later than June 30, 2017.
 

 

Pension Cost of Living Adjustment

SECTION 150.   Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the Commonwealth's Pension Liability Fund established in section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' retirement system and the state teachers' retirement system, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, for the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32 and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to rules which shall be 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' retirement system or state teachers' retirement system, including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. All payments under this section shall be made only pursuant to distribution of money 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 the 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 funds for the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. If the amount transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund established in subdivision (8) of section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.
 

 

Pension Forfeiture Commission

SECTION 151.   There shall be a special commission on pension forfeiture to review the decision of the Supreme Judicial Court in Public Employee Retirement Administration Commission v. Edward A. Bettencourt, 474 Mass. 60 (2016). The commission shall consist of: the executive director of the public employee retirement administration commission or a designee who shall serve as chair; the house and senate chairs of the joint committee on public service; 2 members of the senate, 1 of whom shall be appointed by the minority leader; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; the attorney general or a designee; the state treasurer or a designee; 1 person who shall be appointed by the Massachusetts District Attorneys Association; 1 person who shall be appointed by the Retired State, County & Municipal Employees Association of Massachusetts; and the president of the Massachusetts Association of Contributory Retirement Systems or a designee. The special commission shall make recommendations, including proposed amendments to section 15 of chapter 32 of the General Laws. The special commission shall file its recommendations, including any proposed legislation, with the clerks of the senate and house of representatives not later than March 1, 2017.
 

 

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

SECTION 152.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2017, the office of inspector general may expend a total of $1,000,000 from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws for costs associated with maintaining a health safety net audit unit within the office. The unit shall continue to oversee and examine the practices in all hospitals including, but not limited to, the care of the uninsured and the resulting charges. The unit shall also study and review the Medicaid program under said chapter 118E including, but not limited to, reviewing the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the executive office for administration and finance and 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, 2017.
 

 

Initial Gross Payments to Qualifying Acute Hospitals

SECTION 153.   Notwithstanding any general or special law to the contrary, not later than October 1, 2016 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers required pursuant to section 69 of said chapter 118E for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2016. 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, 2017, the amount of the transfer authorized by this section and any allocation of that amount as certified by the director of the health safety net office.
 

 

Nursing and Resident Care Facility Base Year

SECTION 154.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective October 1, 2016 under section 13D of chapter 118E of the General Laws may be developed using the costs of calendar year 2007 or any subsequent year as determined by the secretary of health and human services.
 

 

Nursing Facility Assessment

SECTION 155.   Notwithstanding any general or special law to the contrary, the nursing home assessment established in subsection (b) of section 63 of chapter 118E of the General Laws shall be sufficient in the aggregate to generate in fiscal year 2017 the lesser of $240,000,000 or an amount equal to 6 per cent of the revenues received by the taxpayer as defined in 42 C.F.R. 433.68(f)(3)(i)(A).
 

 

MassHealth Dental Services

SECTION 156.   Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2017, 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; provided, however, that dental services shall be covered for adults at least to the extent covered as of January 1, 2016; and provided further, 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.
 

 

Transfers Between Health Funds

SECTION 157.   Notwithstanding any general or special law to the contrary, the executive office for administration and finance shall transfer $15,000,000 from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws. The executive office of health and human services and the health safety net office shall fund the hospital fiscal year 2017 payment amount to each hospital for services provided to low-income, uninsured or underinsured residents pursuant to said section 66 and 69 of said chapter 118E from the Health Safety Net Trust Fund. Payments may be made either as safety net care payments under the commonwealth's waiver pursuant to section 1115 of the Social Security Act or as an adjustment to Title XIX service rate payments or a combination of both. Other federally-permissible funding mechanisms available for public service hospitals, as defined by regulations of the executive office of health and human services, may be used to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund. The secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector authority, shall evaluate on a quarterly basis the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and subsidized health insurance programs funded by the Commonwealth Care Trust Fund and, if necessary, transfer money between these funds to ensure that sufficient revenues are available to support projected program expenditures. The secretary of administration and finance shall report any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund to the house and senate committees on ways and means and the joint committee on health care financing at least 30 days before making any such transfers.
 

 

Special Needs Programs Out-of-State Tuition

SECTION 158.   Notwithstanding any general or special law to the contrary, the bureau of purchased services in the operational services division shall determine prices for programs pursuant to chapter 71B of the General Laws in fiscal year 2017 by increasing the final fiscal year 2016 price by the rate of inflation as determined by the division. The bureau shall adjust prices for extraordinary relief as defined in 808 CMR 1.06(4). The bureau shall accept applications for program reconstruction and special circumstances in fiscal year 2017. The bureau 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 pursuant to section 22N of chapter 7 of the General Laws, in which the rate of inflation is frozen beginning with fiscal year 2004, in a compounded manner for each fiscal year.
 

 

FY 2016 Consolidated Net Surplus

SECTION 159.   Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund pursuant to 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 2016 as follows: (i) transfer 1/2 of the surplus, not to exceed $10,000,000, to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; and (ii) transfer 1/2 of the surplus, not to exceed $10,000,000, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws.
 

 

Massachusetts School Building Authority Community Poverty Factor

SECTION 160.   Notwithstanding section 10 of chapter 70B of the General Laws or any other general or special law to the contrary, in determining the grant percentage for approved school projects for calendar year 2016 and calendar year 2017, the Massachusetts School Building Authority shall calculate the community poverty factor for each school facilities project using the fiscal year 2014 proportion of low-income students as determined by the department of elementary and secondary education.
 

 

Massachusetts School Building Authority Community Poverty Factor Sunset

SECTION 161.   Section 160 is hereby repealed.
 

 

Fiscal Year 2017 Capital Gains

SECTION 162.   Notwithstanding any general or special law to the contrary, the threshold above which the comptroller shall make any transfers attributable to capital gains tax collections under section 5G of chapter 29 of the General Laws shall be $1,278,000,000 during fiscal year 2017.
 

 

University of Massachusetts Trust Fund Transfer

SECTION 163.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer $2,500,000 from the General Fund to the trust fund established pursuant to section 2 of chapter 496 of the acts of 2014 not later than August 1, 2016.
 

 

Martha's Vineyard Center for Living Lease

SECTION 164.   (a) Notwithstanding section 14 of chapter 34 of the General Laws or any other general or special law to the contrary but subject to paragraphs (a), (b) and (g) of section 16 of chapter 30B of the General Laws, the county commissioners of the county of Dukes County may lease space in a building acquired by the county pursuant to section 112 of chapter 287 of the acts of 2014 to the Martha's Vineyard Center for Living, Inc., a nonprofit corporation, or its designee or affiliate, for an initial term not to exceed 30 years to conduct health and social services for the benefit of residents of the county or visitors to the county including, but not limited to, the following programs for seniors: a supportive day program; a medical taxi program; food and meals programs; and outreach and referral programs for seniors. The lease may provide that the Martha's Vineyard Center for Living, Inc. may, on terms acceptable to the county commissioners, design, construct or build out the leased premises. The lease shall provide that the costs of the improvements to the leased premises shall be taken into account as part of the consideration for the lease. The lease shall include provisions to ensure community accessibility in a manner consistent with the corporate and charitable purposes of the Martha's Vineyard Center for Living, Inc.

(b) If the leased premise are used for any purpose other than the purposes listed in subsection (a) or as listed in the terms of the lease that is finally negotiated with the county commissioners, then the authorization to lease space in the building to the Martha's Vineyard Center for Living, Inc. granted by this section shall immediately become null and void.

(c) Notwithstanding any general or special law to the contrary, the design and construction of any improvements to the premises leased under subsection (a) shall be exempt from sections 44 to 58, inclusive, of chapter 7C of the General Laws, section 39M of chapter 30 of the General Laws, sections 44A to 44M, inclusive, of chapter 149 of the General Laws and chapter 149A of the General Laws; provided, however, that any construction or improvements by the Martha's Vineyard Center for Living, Inc., or its designee or affiliate, to the leased space shall be subject to sections 26 to 27H, inclusive, of said chapter 149.
 

 

Low-Income Student Calculation Study

SECTION 165.   The department of elementary and secondary education, in consultation with the executive office for administration and finance and the executive office of health and human services, shall conduct a study on the calculation of low-income students within public school districts as it relates to determining the number of low-income students in the distribution of funding pursuant to chapters 70 and 76 of the General Laws. The study may include, but not be limited to:

(i) the current methodology for determining low-income students and alternatives for adjusting the methodology based on best practices in other states;

(ii) the possible effects of adjusting the methodology, including overall low-income student counts, projected low-income counts for school districts and both foundation budget and state funding level impacts for school districts;

(iii) measures to identify eligible low-income students who qualify under the current methodology but who would not qualify under any proposed alternatives;

(iv) the effects of adjusting the methodology on school building authority reimbursement rates;

(v) data that is currently collected that could be used to identify low-income students;

(vi) considerations of eligible low-income students identified through programs such as the Supplemental Nutrition Assistance Program, transitional assistance for families with dependent children, the department of children and families' foster care program and the MassHealth program;

(vii) identification of all relevant data fields currently collected within each of the applicable databases in the commonwealth and determine additional data needed in each of the databases that would improve the ability of the systems to generate successful direct certification matches including, but not limited to, expanded use of the State Assigned Student Identifier and additional name fields and recommendations for implementing any necessary changes to data fields included in the databases;

(viii) recommended methods to ensure that direct certification shall include all applicable commonwealth programs;

(ix) determination of the steps necessary to identify matches within the Medicaid database;

(x) analysis of the format in which data are received and reviewed by schools and school districts and the procedures used by schools and school districts to review the data to determine ways to simplify procedures for direct certification and the resolution of partial matches at the local level; and

(xi) policies adopted by other states in the implementation of the Community Eligibility Provision of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296, as it relates to the calculation of low-income or economically-disadvantaged students in a state funding formula.

The report, and any accompanying recommendations, shall be filed with the house and senate committees on ways and means not later than December 19, 2016.
 

 

Special Commission on Chronic Obstructive Pulmonary Disease

SECTION 166.   The special commission established in section 206 of chapter 139 of the acts of 2012 and extended by section 24A of chapter 118 of the acts of 2013 is hereby revived and continued. The commission shall file a report of its recommendations to the clerks of the senate and house of representatives, the joint committee on public heath, the joint committee on health care financing and the house and senate committees on ways and means not later than December 31, 2017.
 

Veto Explanation:
I am vetoing this section because the significant scientific and medical research required by this section is more appropriately conducted by an outside academic or health research institution, not by the Department of Public Health. I also note that the prior commission established in 2012 failed to produce a report by the required deadline of December 31, 2014.

 

Solicitation of Donations by Firefighters

SECTION 167.   Notwithstanding any general or special law to the contrary, a member of the Professional Fire Fighters of Massachusetts may solicit donations for any charitable organization registered with the division of public charities in the department of the attorney general while that member is on duty as a fire fighter and in uniform; provided, however, that no member shall solicit donations during the course of responding to a call for assistance or otherwise actively engaged in a firefighting activity.
 

 

Department of Transitional Assistance Fraud Detection Services Measure Report

SECTION 168.   The department of transitional assistance, in collaboration with the executive office of health and human services, shall provide a report on current fraud detection measures within the agency and department to reduce fraud in public assistance benefit programs and to study the feasibility of implementing a biometric authentication system. The report shall include, but not be limited to, the cost savings that would result from the elimination of duplicate assistance fraud in public assistance programs and the feasibility of using biometric technology to create a reliable system of identification. The report, along with any legislative recommendations, shall be filed with the clerks of the senate and house of representatives within 90 days after the effective date of this act.
 

 

Textbook Cost Guidelines

SECTION 169.   The department of higher education may establish suggested guidelines and protocols in accordance with 34 CFR 668.164(c)(2) to encourage and assist colleges and universities with the implementation of programs which reduce the cost of textbooks and other educational materials.
 

 

Housing Memorandum of Understanding

SECTION 170.   (a) The interagency council on homelessness and housing established by Executive Order number 492, in consultation with the secretary of housing and economic development, the secretary of health and human services, the secretary of labor and workforce development and the secretary of education, shall develop and execute a memorandum of understanding among the secretariats. The memorandum of understanding shall: (i) address existing programs aimed at preventing homelessness and economic instability; (ii) ensure services and resources are coordinated and best practices are in place to more effectively meet the needs of low-income households, the homeless and those at risk of becoming homeless; (iii) require stakeholder input from recipients of services, service providers, advocates and other interested parties; (iv) require quarterly meetings of the secretaries of each executive office; (v) require regular updates and information on programs serving households below 30 per cent of the area median income; and (vi) include the creation of cross-agency teams of staff from each executive office.

(b) Not later than April 1, 2017, and every 6 months thereafter, the cross-agency teams shall submit a report to the clerks of the senate and house of representatives and the chairs of the joint committee on housing. The report shall include an analysis of: (i) the total number of housing units affordable to extremely low-income households needed in the commonwealth and the net increase of units towards that benchmark; (ii) programs administered through each state agency that serve households below 30 per cent of the area median income; (iii) the total dollar amount administered by each agency relative to homelessness prevention, services and activities; (iv) programs that can be supplemented with federal funding; (v) differences and gaps in program eligibility between identified programs and strategies to ensure families receive and maintain services and benefits for which they are eligible; (vi) plans and timelines for coordination across the secretariats to provide access to programs, services and benefits for households with incomes below 30 per cent of the area median income; and (vii) any recommendations for legislative and regulatory changes needed to implement the plan and best practices. The biannual reports shall be posted on a website for the interagency council on homelessness and housing.
 

Veto Explanation:
I am vetoing this section because the Interagency Council on Housing and Homelessness is already working on the proposed activities. A cross-agency memorandum of understanding is not needed to continue this work.

 

Interagency Task Force on Newborns with Neonatal Abstinence Syndrome

SECTION 171.   There shall be an interagency task force on newborns with neonatal abstinence syndrome and substance-exposed newborns to develop a unified statewide plan to collect data, develop outcome goals and ensure quality service is delivered to those newborns. The statewide plan shall ensure that, to the extent possible, all executive agencies work in coordination to address the needs of newborns, infants and young children impacted by exposure to substances.

The task force shall be comprised of the following members or their designees: the secretary of health and human services, who shall serve as co-chair; the attorney general, who shall serve as co-chair; the commissioner of children and families; the commissioner of mental health; the commissioner of public health; and the executive director of the health policy commission. The co-chairs shall establish an advisory council which may include hospitals, nonprofit entities and community-based organizations with demonstrated expertise in the health, care and treatment of mothers with substance use disorders, newborns with neonatal abstinence syndrome and substance-exposed newborns, infants and children and shall seek input from other experts in the field to develop a unified statewide plan.

The unified statewide plan shall: (i) provide for the coordination of care and services for newborns with neonatal abstinence syndrome and substance exposed newborns including, but not limited to, those related to early intervention, substance use disorders and healthcare access issues; (ii) include an inventory of the services and programs available in the commonwealth to serve newborns with neonatal abstinence syndrome and substance exposed newborns; (iii) identify gaps in available services and programs; and (iv) formulate an interagency plan for addressing those gaps in services and programs.

The task force shall file a report of its findings and the recommended statewide plan, along with any proposed legislation or regulatory amendments necessary to implement the statewide plan with the clerks of the senate and house of representatives, the senate and house committees on ways and means, the house and senate chairs of the joint committee on children, families and persons with disabilities, the house and senate chairs of the joint committee on public health and the house and senate chairs of the joint committee on mental health and substance abuse not later than March 1, 2017.
 

 

Water Transportation Advisory Council

SECTION 172.   There shall be a water transportation advisory council to create a vision for a comprehensive system of water transportation services to serve the commonwealth's ferry passengers, including commuters and tourists, in a safe, secure, environmentally sustainable and efficient manner. The council shall include, but not be limited to: the secretary of transportation who shall serve as the chair; the general manager of the Massachusetts Bay Transportation Authority; the house and senate chairs of the joint committee on transportation; the president and 1 additional officer of Boston Harbor Now, Inc.; the executive director of the Seaport Economic Council; the general manager of the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority; the chief executive officer of the Massachusetts Port Authority; representatives of the private ferry operations industry; the mayors of the cities of Boston, Lynn, New Bedford, Quincy and Salem; and the town managers of the towns of Hingham, Hull, Provincetown and Winthrop. Membership shall be expanded as considered appropriate upon consensus of the council.

The council shall: (i) identify an overall vision for the ferry system to enable the transportation of people, goods and vehicles by water; (ii) develop a series of goals and objectives to support the overall vision; (iii) identify implementable policies and improvements including, but not limited to, investment of public funds to support operating and capital expenses for existing and new ferry services; and (iv) support the state agencies and independent authorities responsible for planning, designing, constructing, operating, funding and maintaining the ferry transportation infrastructure facilities.

The council shall prepare and make available to the public a report summarizing its work not less than every 6 months.

The council shall be administratively supported by the Massachusetts Department of Transportation. The council shall conduct its first meeting not more than 90 days after the effective date of this act and shall conduct meetings not less than quarterly thereafter.
 

Veto Explanation:
I am vetoing this section because the proposed council is duplicative of ongoing efforts within and outside of state government.

 

Working Group on Gender Equity in Disability Insurance

SECTION 173.   There shall be a working group on gender equity in disability policies. The working group shall consist of the following members or their designees: the commissioner of insurance who shall serve as chair; the undersecretary of consumer affairs; the house and senate chairs of the joint committee on financial services; the house and senate chairs of the joint committee on consumer protection and professional licensure; the attorney general; the chair of the permanent commission on the status of women; the president of the Women's Bar Association of Massachusetts; a representative from the Life Insurance Association of Massachusetts and 2 persons to be appointed by the governor, 1 of whom shall represent the insurance industry and 1 of whom shall be from the permanent commission on the status of women.

Not later than 30 days after the effective date of this act, the working group shall convene to study the costs and benefits of prohibiting insurance companies in the commonwealth from making any distinctions in disability policy payments, premiums or rate charges, or any other terms or conditions of any group or individual disability, accident or sickness insurance contract based on a person's race, color, religion, sex, marital status, or national origin. The working group shall submit its findings, along with any legislative recommendations, to the clerks of the senate and house of representatives not later than December 31, 2016. The division of insurance shall provide any resources and assistance necessary in developing the cost-benefit analysis of the working group.
 

 

Sheriffs' Working Group

SECTION 174.   (a) There shall be a working group to examine and propose methods to achieve annual cost savings within each sheriff's office. The working group shall consist of the following persons or their designees: the president of the Massachusetts Sheriffs Association, Inc. who shall serve as chair; the secretary of administration and finance; the secretary of health and human services; the state auditor; and each of the 14 sheriffs. Each sheriff's office shall provide information and data as requested by the working group.

(b) The working group shall examine methods and make recommendations to reduce operating expenditures including, but not limited to: (i) consolidating inmate medical and other vendor services; (ii) establishing best practices for high quality and cost effective inmate medical services, including federal revenue opportunities for Medicaid reimbursement; (iii) developing innovative personnel initiatives including, but not limited to, reducing overtime costs and the ratio of supervisors to personnel; (iv) formulating equitable ratios of inmates per employee and cost-per-inmate strategies among the sheriffs' offices; (v) establishing best practices for spending parity between sheriffs' offices with similar inmate populations; and (vi) implementing more uniform programs and services in each house of correction. The working group shall also examine impediments, costs and timelines for implementing the recommendations. The working group shall utilize the findings of the funding formula developed pursuant to section 172 of chapter 46 of the acts of 2015 in making recommendations under this section.

(c) The working group shall submit a report outlining its findings and recommendations to the house and senate committees on ways and means not later than December 1, 2016. In addition to the findings and recommendations required under subsection (b), the report shall include, but not be limited to: (i) the average cost per inmate in each office over the previous 12 months; (ii) the average number of inmates per employee in each office over the previous 12 months; (iii) a funding baseline for more equitable cost-per-inmate and inmates-per employee ratios; and (iv) potential annual cost savings identified by the working group for fiscal year 2018.
 

Veto Explanation:
I am vetoing this section because much of the work proposed for this report has already been performed under a legislative mandate which I approved in section 172 of the fiscal year 2016 General Appropriations Act. That report is attached.

 

Health Advice Phone Line Feasibility Study

SECTION 175.   The secretary of health and human services, in consultation with the commissioner of public health, the assistant secretary of Medicaid and the commissioner of insurance, shall conduct a study on the feasibility of implementing a 24-hour health advice phone line within the department of public health, through a public-private partnership, staffed by registered nurses and other health care providers as recommended by the secretary to advise callers on health matters and ways to access health care services, including behavioral health, in the appropriate setting. The study shall examine the feasibility of establishing a phone line to: (i) provide 24-hour universal access for residents; (ii) advise callers on health matters and recommend services or treatment; (iii) provide simultaneous interpreter services for callers who do not speak English; (iv) collaborate with the alcohol and drug helpline established in section 18 of chapter 17 of the General Laws and other helplines administered by the department of public health to refer or transfer callers to relevant helplines; and (v) collaborate with public and private insurers to assist callers in locating covered services or providers. The secretary shall solicit feedback from private insurers and other interested stakeholders.

The secretary shall submit the report, including a detailed cost estimate, to the house and senate committees on ways and means not later than March 1, 2017.
 

Veto Explanation:
I am vetoing this section because, while I support the goal of increasing access to health care information, state agencies are already exploring more updated and effective methods of providing this information to the public.

 

Mid-Level Practitioner Prescription Filling Study

SECTION 176.   The department of public health shall conduct a study relative to permitting pharmacists to fill prescriptions for schedule II narcotics written by mid-level practitioners in contiguous states. The study shall examine the educational requirements for licensing such mid-level practitioners by the contiguous states and whether such standards are equivalent to those in the commonwealth for the licensing of similar professions. The department shall report the results of the study to the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than December 31, 2016.
 

Veto Explanation:
I am vetoing this section because the Department of Public Health is currently engaged in a number of other studies and commissions, and lacks the resources to conduct the additional research required by this section. An outside section in the budget is also not the appropriate vehicle to make a policy change in the state's prescribing practices. This administration, however, acknowledges the value of coordinating laws relating to controlled substance prescriptions with other states. This is why I have been working with other New England governors to engage in cross-state collaboration with regard to prescription monitoring and prescription limits, drug trafficking, and prescriber education.

 

Recommendations on the Safe Handling of Bodies of Deceased Persons

SECTION 177.   The department of public health, in consultation with the executive office of public safety and security and the office of the chief medical examiner, shall provide recommendations on the safe handling of the body of a deceased person if it has not been claimed by next of kin in a reasonable period of time. The department shall hold at least 4 public hearings across the commonwealth to understand the regional issues related to this issue. The department shall make recommendations on: (i) ways to encourage the timely transfer and burial of remains in instances in which the next of kin is not ascertainable; (ii) ways to address costs related to the timely transfer and burial of remains in instances in which the next of kin is not ascertainable; and (iii) policies on the reasonable waiting period to be observed prior to the burial of remains in instances in which the next of kin is not ascertainable. The department shall file its recommendations, including drafts of legislation necessary to implement those regulations, with the senate and house chairs of the joint committee on public health and the senate and house chairs of the joint committee on public safety and homeland security not later than January 1, 2017.
 

Veto Explanation:
I am vetoing this section because it is unnecessary. The fiscal year 2016 General Appropriation Act funded higher incentive payments for funeral directors to handle the bodies of deceased persons in cases where those bodies go unclaimed. This initiative has virtually eliminated any backlog of unclaimed bodies of deceased persons, which is the problem this section intends to address.

 

Health Policy Commission Emergency Department Medication-Assisted Treatment Pilot Program

SECTION 178.   The health policy commission, in consultation with the department of public health, shall implement a 2-year pilot program to further test a model of emergency department initiated medication-assisted treatment, including but not limited to buprenorphine and naltrexone, for individuals suffering from a substance use disorder. The program shall include referral to and connection with outpatient medication assisted treatment with the goals of increasing rates of engagement and retention in evidence-based treatment. The commission shall implement the program at no more than 3 sites in the commonwealth which shall be selected by the commission through a competitive process. Applicants shall demonstrate community need and the capacity to implement the integrated model aimed at providing care for individuals with substance use disorders who present in the emergency setting with symptoms of an overdose or after being administered naloxone. The commission shall consider evidence-based practices from successful programs implemented nationally in the development of the program. The commission may direct not more than $3,000,000 from the Distressed Hospital Trust Fund established in section 2GGGG of chapter 29 of the General Laws to fund the implementation of the program. The commission shall report to the joint committee on mental health and substance abuse and the house and senate committees on ways and means not later than 12 months following completion of the program on the results of the program, including effectiveness, efficiency and sustainability.
 

 

Community Hospital Marketing Campaign

SECTION 179.   The health policy commission, in consultation with community hospitals, shall develop a marketing campaign to show the high value of community hospitals and the cost and quality benefits to patients and employers of seeking care in local settings. The commission shall direct not more than $500,000 from the Distressed Hospital Trust Fund established in section 2GGGG of chapter 29 of the General Laws to fund the development and implementation of the marketing campaign.
 

 

Feasibility Study on High-Speed Rail Access

SECTION 180.   Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a feasibility study relative to high-speed rail access between the cities of Springfield and Boston.

The study shall examine and evaluate the costs and economic opportunities related to establishing high-speed rail service between the cities of Springfield and Boston including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs and revenue estimates; (iii) the projected ridership levels; (iv) the prospect of operating high-speed rail service on existing rights of way and other operational issues, including upgrades to the at-grade crossings in the towns of Ashland and Framingham; (v) the environmental and community impact estimates; (vi) the availability of federal, state, local and private sector funding sources; and (vii) the resulting economic, social and cultural benefits to the greater Springfield region and the commonwealth as a whole.

The department shall file a report 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 transportation not later than March 1, 2017.
 

 

Feasibility Report on Inclusion of Spouses as Paid Caregivers

SECTION 181.   Not later than December 1, 2016, the office of Medicaid shall submit a feasibility report on the inclusion of a spouse as a family member authorized to serve as a paid caregiver to the clerks of the senate and house of representative, the house and senate chairs of the joint committee on health care financing and the house and senate committees on ways and means. The report shall include, but not be limited to: (i) necessary state plan amendments and waiver applications required to allow spouses to serve as paid caregivers which may include an application for a 1915(k) community first choice state plan option authorized under 42 U.S.C. 1396n(k); (ii) anticipated state liabilities and expected federal financial participation, including an accounting of the office's assumptions and figures used to calculate those liabilities; (iii) best practices and quality assurance measures; (iv) a comparison of other states that allow spouses to serve as paid caregivers; and (v) a proposed implementation schedule.
 

 

Baseline Study on the Use of Marijuana

SECTION 182.   The executive office of health and human services and the executive office for administration and finance, in consultation with the executive office of public safety and security and the department of public health, shall enter into an agreement with the University of Massachusetts at Amherst school of public health sciences and the University of Massachusetts Donahue Institute to conduct a comprehensive baseline study of marijuana use in the commonwealth and submit a report on its findings to the house and senate committees on ways and means and the house and senate chairs of the joint committee on public health not later than April 1, 2017.
 

Veto Explanation:
I am vetoing this section because this study imposes an unfunded mandate on several executive agencies. Further, while this study could be valuable at a later date, such work should be procured through a competitive process.

 

Specialty Court Medication-Assisted Therapy & Psychotropic Medications Policy

SECTION 183.   Notwithstanding any general or special law to the contrary, the administrative office of the trial court shall develop a statewide policy regarding the use of medication-assisted therapy and psychotropic medications by candidates for specialty court programs. The policy shall ensure that: (i) candidates are not disqualified from participation in a specialty court because they have been prescribed medication-assisted therapies to aid in substance use disorder recovery or psychotropic medications; and (ii) judges shall be prohibited from requiring abstinence from medication-assisted therapies prescribed to assist in substance use disorder recovery or psychotropic medications for participation in specialty court programs.
 

 

Dr. Daniel A. Asquino Building

SECTION 184.   The STEM building at Mount Wachusett Community College in the city of Gardner shall be designated and known as the Dr. Daniel M. Asquino building in honor of Dr. Daniel M. Asquino for his 3 decades of service as president of Mount Wachusett Community College, during which time he established the college as a state and national leader in the areas of workforce development and economic development, dual enrollment and Kindergarten through grade 12 partnerships, civic engagement and service learning, veteran services and renewable energy and sustainability. The department of capital asset management and maintenance shall erect and maintain suitable markers bearing the designation in compliance with the standards of the department.
 

Veto Explanation:
I am vetoing this section because building names for facilities that are on the campuses of community colleges are approved through a process administered by the Board of Higher Education, and should not be done through the legislative process.

 

Arthur H. Nelson Bridge

SECTION 185.   Bridge No. W-04-25 on Winter street spanning state highway route 128 adjacent to Prospect Hill park in the city of Waltham shall be designated and known as the Arthur H. Nelson memorial bridge in memory of Arthur H. Nelson in recognition of his many entrepreneurial and philanthropic contributions to the city of Waltham and the commonwealth. The Massachusetts Department of Transportation shall erect and maintain suitable markers on the bridge bearing that designation in compliance with the standards of the department.
 

 

Department of Conservation and Recreation Park Passes

SECTION 186.   The registry of motor vehicles, in cooperation with the department of conservation and recreation, shall offer for purchase a discounted annual MassParks pass or senior MassParks pass to cover fees for day use admission, and parking for 1 calendar year at state-owned facilities where parking fees are charged, to an applicant for the issuance or renewal of a motor vehicle registration or license to operate a motor vehicle. The secretary of administration and finance shall establish the discounted fee pursuant to section 3B of chapter 7 for an annual MassParks pass or senior MassParks pass to be purchased at the registry; provided, however, that the cost of the passes shall not be greater than the cost of those purchased at other department facilities. Fees collected by the registry pursuant to this section shall be transmitted to the department of conservation and recreation and shall not be subject to the cap set forth in item 2810-2042. All funds maintained by the department pursuant to this section shall be expended for expenses, upkeep and improvements to the parks and recreation system. The department shall investigate alternative methods to expand the sales of annual MassParks and senior MassParks passes including, but not limited to, offering multi-year or automatically-renewing annual passes and shall submit the result of its investigation to the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on environment, natural resources and agriculture and the chairs of the house and senate committees on ways and means not later than December 31, 2016.
 

 

Special Commission on Interstate Reciprocity Agreements

SECTION 187.   There shall be a special commission to examine and make recommendations to the general court regarding the board of higher education entering into interstate reciprocity agreements that authorize an accredited, degree-granting institution of higher education located in the commonwealth to voluntarily participate in an agreement to provide distance learning programs to students in other states in accordance with the terms of the agreement. Nothing in this section shall be construed to affect the authority of the attorney general to enforce laws or promulgate and enforce regulations prohibiting consumer fraud and unfair or deceptive business practices including, but not limited to chapter 93A of the General Laws, the federal Consumer Financial Protection Act of 2010, 12 U.S.C. 5552, or any other general purpose law or regulation.

The commission shall consist of: the secretary of education or a designee who shall serve as chair; the commissioner of higher education or a designee; the attorney general or a designee; the senate and house chairs of the joint committee on higher education; 1 person who shall be appointed by the senate minority leader; 1 person who shall be appointed by the house minority leader; and 10 persons who shall be appointed by the governor, 1 of whom shall be a representative of the office of the president of the University of Massachusetts, 1 of whom shall be a representative of the Massachusetts State College Association, Inc., 1 of whom shall be a representative of the Massachusetts Community Colleges' executive office, 3 of whom shall be representatives of the Association of Independent Colleges and Universities in Massachusetts, Inc., of whom 1 shall represent an independent college or university with a total enrollment of greater than 7,500 students and 1 shall represent an independent college or university with a total enrollment of less than 7,500 students, 1 of whom shall be a representative of a consumer advocacy organization, 1 of whom shall be a student representative, 1 of whom shall be a representative of an organization that advocates for students and 1 of whom shall be a representative of an online learning association.

The commission shall convene within 4 weeks after the effective date of this section. The commission shall convene at least 4 separate meetings, 1 of which shall be a public hearing to gather testimony from interested parties. The commission shall issue a report of its findings and recommendations by filing the same with the board of higher education, the clerks of the senate and house of representatives, the senate and house chairs of the joint committee on higher education and the chairs of the house and senate committees on ways and means not later than October 31, 2016.
 

 

Special Commission on Regional School District Funding

SECTION 188.   There shall be a commission to review how regional school districts are funded and recommend a framework that better accounts for differences between the towns that make up these districts and how the funding is distributed. In conducting the review, the commission shall seek to determine with respect to regional school districts the educational programs and services necessary to achieve the commonwealth's educational goals and to prepare students to achieve passing scores on the Massachusetts Comprehensive Assessment System examinations. The review shall include, but not be limited to, those components of the regional school district foundation budget established pursuant to section 3 of chapter 70 of the General Laws and subsequent changes made to the foundation budget by law. In addition, the commission shall seek to determine and recommend measures to promote the adoption of ways in which resources may be most effectively utilized and consider various models of efficient and effective resource allocation. In carrying out the review, the commissioner of elementary and secondary education shall provide to the commission any data and information the commissioner considers relevant to the commission's charge.

          The commission shall include: 1 person who shall be appointed by the senate president who shall serve as co-chair; 1 person who shall be appointed by the minority leader of the senate; 1 person who shall be appointed by the speaker of the house of representatives who shall serve as co-chair; 1 person who shall be appointed by the secretary of education; 1 person who shall be appointed by the commissioner elementary and secondary education; and 6 persons who shall be appointed by the governor all of whom shall have experience working with a regional school district, of whom 1 shall be a representative of the Massachusetts Association of Regional Schools, Inc., 1 shall be a representative of the Massachusetts Association of School Business Officials, 1 shall be a representative of the Massachusetts Teachers Association, 1 shall be a representative of the Massachusetts Association of School Superintendents, Inc. and 1 shall be a representative of the Massachusetts Budget and Policy Center, Inc. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of elementary and secondary education may furnish reasonable staff and other support for the work of the commission. Before issuing its recommendations, the commission shall conduct not less than 4 public hearings across regions of the commonwealth. It shall not constitute a violation of chapter 268A of the General Laws for a person employed by a school district to serve on the commission or to participate in commission deliberations that may have a financial impact on the district employing that person or on the rate at which that person may be compensated. The commission may establish procedures to ensure that no such person shall participate in commission deliberations that may directly affect the school districts employing those persons or that may directly affect the rate at which those persons are compensated.

The commission shall file its report, together with drafts of its recommended legislation, with the clerks of the senate and house of representatives, the senate and house chairs of the joint committee on education and the chairs of the senate and house committees on ways and means not later than December 31, 2017.
 

Veto Explanation:
I am vetoing this section because it is unnecessary to separately study the "educational programs and services necessary to achieve the commonwealth's educational goals" with respect to regional school districts only. This work was recently completed by the Foundation Budget Review Commission with respect to all schools, resulting in publication of the Commission's report and recommendations in October 2015.

 

Special Commission on Online Gaming, Fantasy Sports Gaming and Daily Fantasy Sports

SECTION 189.   There shall be a special commission to conduct a comprehensive study relative to the regulation of online gaming, fantasy sports gaming and daily fantasy sports. The commission shall review all aspects of online gaming, fantasy sports gaming and daily fantasy sports including, but not limited to, economic development, consumer protection, taxation, legal and regulatory structures, implications for existing gaming, burdens and benefits to the commonwealth and any other factors the commission deems relevant. The special commission shall not include in its study a comprehensive review of the state lottery or its ability to provide lottery products online or over the internet.

The commission shall consist of: 1 person who shall be appointed by the governor who shall have industry expertise in fantasy sports gaming; 1 person who shall be appointed by the Massachusetts gaming commission; 1 person who shall be appointed by the attorney general who shall have expertise in fantasy sports gaming consumer protection; 2 persons who shall be appointed by the president of the senate, 1 of whom shall be the senate chair of the joint committee on economic development and emerging technologies; 1 person who shall be appointed by the minority leader of the senate; 2 persons who shall be appointed by the speaker of the house of representatives, 1 of whom shall be the house chair of the joint committee on economic development and emerging technologies; and 1 person who shall be appointed by the minority leader of the house of representatives. The commission shall convene its first meeting not later than October 1, 2016 and shall elect a chairperson.

The commission shall submit its final report and its recommendations for legislation by filing the same with the clerks of the senate and the house of representatives not later than March 1, 2017.
 

Veto Explanation:
I am vetoing this section because it calls for a commission to study an issue that has already been examined by several state agencies, including the Attorney General's Office and the Massachusetts Gaming Commission.

 

Special Commission on Transportation for Homeless Students

SECTION 190.   (a) There shall be a special commission to study and make recommendations to improve efficiencies relative to transportation for homeless students. The commission shall consist of the following members or their designees: the house and senate chairs of the joint committee on education; the house and senate chairs of the joint committee on children, families and persons with disabilities; the house and senate chairs of the joint committee on housing; the commissioner of elementary and secondary education; the commissioner of transitional assistance; and 3 members who shall be appointed as follows: 1 member appointed by the senate president who shall be a representative from an organization that services homeless families; 1 member appointed by the speaker of the house of representatives who shall be a member of the Massachusetts Municipal Association with knowledge of municipal finance; and 1 member appointed by the governor who shall be a representative from a transportation company that services homeless students.

(b) The commission shall study and report on: (i) nonidentifiable data relative to homeless students, including age groups and geographic settings; (ii) a review of the federal McKinney-Vento Homeless Education Assistance Act and recommendations on improving efficiencies relative to homeless student transportation; (iii) a review of methods districts use to transport homeless students, including current costs and bid processes in procuring transportation; (iv) a budget assessment of transportation for homeless students, including an assessment of federal funding provided to the state under the McKinney-Vento Homeless Education Assistance Act; and (vi) recommendations for improving transportation services for homeless students. The commission, in formulating its recommendations, shall take into account the best policies and practices in other states. The commission shall hold at least 5 public meetings and may hold hearings and other forums as it considers necessary.

(c) The commission shall file its report and recommendations with the clerks of the senate and the house of representatives who shall forward the same to the senate and house chairs of the joint committee on education not later than July 1, 2017.
 

 

Task Force on Employee Vacation and Earned Sick Leave Credit

SECTION 191.   There shall be established an employee vacation and earned sick leave credit task force to study and make recommendations on establishing a uniform state policy regarding the cash out of vacation and sick leave credits applicable to employees of the commonwealth who are in positions that are not subject to collective bargaining agreements. The task force shall be comprised of the following 11 members or their designees: the secretary of administration and finance who shall serve as chair; the administrator of the trial court; the colonel of state police; the chair of the board of higher education; 1 person to be appointed by the speaker of the house of representatives; 1 person to be appointed by the senate president; 1 person to be appointed by the minority leader of the house of representatives; 1 person to be appointed by the minority leader of the senate; and 3 persons to be appointed by the governor, 1 of whom shall have experience in labor law.

The task force shall study and make recommendations on establishing the following uniform policies and shall examine the practices of neighboring states: (i) rate of accrued sick leave; (ii) cash out of sick leave credit upon retirement; (iii) payment of sick leave credits upon the death of an employee; and (iv) transfer of sick leave credits from other political subdivisions of the commonwealth. In addition, the task force shall study the feasibility of establishing an extended illness leave bank for all employees of the commonwealth.

The task force shall convene not later than 30 days after the effective date of this act and shall file its recommendations with the clerks of the house of representatives and senate not later than October 1, 2016.
 

 

Farmland Protection and Farm Viability Advisory Commission

SECTION 192.   (a) There shall be a farmland protection and farm viability advisory commission. The commission shall consist of the following members or their designees: the commissioner of the department of agricultural resources, who shall serve as chair, the house and senate chairs of the joint committee on environment, natural resources and agriculture; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and 8 members appointed by the Governor, 1 of whom shall be a member of the board of food and agriculture, 1 of whom shall be a representative of the University of Massachusetts Agricultural Extension Program; 1 of whom shall be representative of the Massachusetts Farm Bureau Federation; 1 of whom shall be a representative of The Trustees of Reservations; 1 of whom shall be a representative of American Farmland Trust; 1 of whom shall be a farmer, 1 of whom shall be a representative of a urban agriculture organization, and 1 of whom shall be a representative of a farmland access organization.

(b) The secretary of energy and environmental affairs, in consultation with the farmland protection and farm viability advisory commission, shall develop a farmland action plan that sets forth the commonwealth's goals, priorities, and actions for farmland protection and access. The plan shall include: (i) an inventory of state-owned land in active agricultural production or potentially suitable for farming; (ii) a review of state agency policies related to the use or lease of land for farming and recommendations related to state policies around the use and lease of state-owned land for farming; (iii) recommended statutory, regulatory, or policy revisions to the Agricultural Preservation Restriction (APR) program to support the long-term economic viability of protected farms, address housing needs, and ensure the program is managed in a transparent and consistent manner and that its policies keep pace with changes in agriculture and associated markets; (iv) an analysis of recent trends and potential threats related to farmland loss and conversion; (v) an analysis of farmland enrolled in chapter 61A of the General Laws and recommendations for improving enrollment of farmland in the program; (vi) measurable statewide goals and benchmarks related to farmland conversion, farmland protection, and farmland access, and recommendations for state policy changes and program funding levels to meet these goals and benchmarks as well as recommendations to improve state data collection around farmland trends and to establish a system for tracking acres of farmland in production over time.

(c) The commission shall meet at least quarterly and shall advise and make recommendations to the secretary of energy and environmental affairs for the proper management and development of the plan. The executive office of energy and environmental affairs and the department of agricultural resources shall provide technical support to the commission. Upon completion, the farmland action plan shall be filed with the clerks of the house of representatives and senate.
 

Veto Explanation:
I am vetoing this section because it proposes a commission that would be redundant of ongoing work already performed by the Food Policy Council. That Council has already prioritized, and is expected to approve on July 14, 2016, a recommendation to establish a state Farmland Action Plan.

 

Special Commission on Behavioral Health Promotion and Upstream Prevention

SECTION 193.   There is hereby established a special commission on behavioral health promotion and upstream prevention to investigate evidence-based practices, programs and systems to prevent behavioral health disorders and promote behavioral health across the commonwealth. The commission shall: (1) consider recommendations from state and federal reports, guides and action plans to promote behavioral health; (2) identify sustainable, cost-beneficial and evidence-based privately or publicly funded programs or practices, implemented inside or outside of the commonwealth, which are designed to promote behavioral health, prevent disorders, and support early detection and intervention of behavioral health disorders; (3) assess approaches to improve the commonwealth's system of behavioral health promotion and prevention, including, but not limited to: (i) programs and practices that could be implemented over the next decade to promote behavioral health, (ii) the creation of a single state behavioral health agency, and (iii) ways to increase collaboration at the state and local levels between community coalitions and public health, mental health, healthcare, education, social services and public safety organizations; (4) assess innovative approaches for funding promotion and prevention programs; (5) recommend strategies, including legislative action, to shift healthcare spending over the long term from acute and inpatient behavioral health care to promotion and upstream prevention, without diminishing treatment or recovery services for those in need; (6) recommend evidence-based, primary and secondary-level programs or practices that are community, family or school-based, including whole school approaches, that reduce risk factors and increase protective factors for behavioral health disorders and foster social and emotional health; and (7) recommend measurable statewide behavioral health goals consistent with the goals identified in clauses (1) to (6), inclusive, for preventing behavioral health disorders over the next decade.

The commission shall consist of 24 members or their designees: 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and shall serve as co-chair, and 1 of whom shall be appointed by the minority leader of the house of representatives; 2 members of the senate, 1 of whom shall be appointed by the senate president and shall serve as co-chair, and 1 of whom shall be appointed by the minority leader of the senate; the chief justice of Massachusetts trial court; the commissioner of mental health; the commissioner of public health; the commissioner of elementary and secondary education; the commissioner of the division of insurance; the secretary of public safety and security; the executive director of the health policy commission; the executive director of the center for health information and analysis; the executive director of the Massachusetts community health information profile; the executive director of the mental health legal advisors committee; the executive director of the Massachusetts public health association; the executive director of the Massachusetts organization for addiction recovery; the president of the Massachusetts association for behavioral health; the president of the Massachusetts chapter of the national association for social workers; and 6 members who shall be appointed by the governor, 1 of whom shall be a representative from the health insurance industry, 1 of whom shall be an expert in mental and behavioral health promotion, 1 of whom shall be an expert in school-based public health, 1 of whom shall be an expert in community-based public health, 1 of whom shall be an expert in planning and environmental health, and 1 of whom shall be a representative from the social and emotional learning alliance for Massachusetts.

The commission may hold public meetings and fact-finding hearings as it considers necessary; provided, however, that the commission shall conduct at least 3 public hearings to receive testimony from members of the public. The commission shall file the report of its investigation and study with the clerks for the house of representatives and the senate, no later than 24 months after the date of the first meeting of the commission; provided, however, that the commission may, at the discretion of the chairs, make a draft report available to the public for comment before filing the final version.
 

 

Task Force on Health Insurance Payer Practices for Certain Prescription Medications

SECTION 194.   Notwithstanding any general or special law to the contrary, there shall be a task force to study and analyze health insurance payer practices that require certain categories of drugs, including those that are administered by injection or infusion, to be dispensed by a third-party specialty pharmacy directly to a patient or to a health care provider with the designation that such drugs be used for a specific patient and not for the general use of the provider. The task force shall conduct an investigation and study of such practice including the extent to which it affects health care quality, patient safety and health care cost containment goals, and whether such practice should be regulated or restricted.

The task force shall consist of the secretary of health and human services or a designee, who shall serve as chair; the commissioner of public health or a designee; the commissioner of insurance or a designee; the executive director of the health policy commission or a designee; the executive director of the group insurance commission or a designee; the president of the Massachusetts Hospital Association, Inc.; the executive director of the Massachusetts Council of Community Hospitals, Inc.; a representative of the Massachusetts Society of Health-System Pharmacists, Inc.; a representative of the Conference of Boston Teaching Hospitals, Inc.; the president of the Massachusetts Association of Health Plans, Inc.; and the president of Blue Cross and Blue Shield of Massachusetts, Inc., or a designee.

The task force shall prepare a report of its findings, including recommended legislation. The task force shall file the report with the senate and house committees on ways and means, the joint committee on health care financing and the joint committee on public health not later than July 1, 2017.
 

 

Special Commission to Study Switching Medications

SECTION 195.   There shall be a special commission to study the practice by health insurers and pharmacy benefit managers of switching, for non-medical reasons, individuals with complex or chronic diseases from safe and effective prescription medications to other medications. The commission shall investigate and study several areas including, but not limited to, the following: (i) the frequency by which patients are switched from prescription medications to other medications for non-medical reasons and without the consent or notification of the patients' prescribing physicians; (ii) the frequency of a health provider prescribing an alternative drug in response to changes in health plan policies mid-year for non-medical reasons; (iii) evaluating the role of financial incentives to pharmacists and prescribers in prescription drug switching decisions, including but not limited to payment, fee, incentive or other contractual reward for choosing a drug alternative; (iv) determining the total cost to the commonwealth when individuals are switched from prescription drugs that have been safe and effective, including but not limited to increased use of services, emergency rooms visits, inpatient hospital stays and outpatient office visits; and (v) identifying the patient populations most impacted by and vulnerable to being switched from prescription drugs for non-medical reasons. The commission shall file a report on its findings and any accompanying recommendations to the joint committee on health care financing, the joint committee on financial services and the house and senate committees on ways and means on or before January 1, 2018.

The commission shall consist of the following members or their designees: the secretary of health and human services, who shall serve as chair; the executive director of the health policy commission; the executive director of the center for health information and analysis; 2 individuals with disabilities, one of whom shall be appointed by the speaker of the house and one of whom shall be appointed by the senate president; 2 individuals who are public policy or advocacy representatives for patient organizations with rare, complex or chronic diseases, one of whom shall be appointed by the speaker of the house and one of whom shall be appointed by the senate president and; 2 members appointed by the governor, 1 of whom shall be an individual who is an actively practicing physician with expertise in the use and prescribing of complex specialty medications including biologics in the treatment of chronic autoimmune diseases and 1 individual who is an actively practicing physician with expertise in treating conditions for which treatment disruptions are likely to result in excess morbidity, disability, or demand of health care resources such as hospitalization, emergency or urgent care visits. The commission may hold public meetings to solicit public input from interested parties in a manner and frequency to be determined by the chair.
 

Veto Explanation:
I am vetoing this section because state agencies are already considering the issues to be addressed by this proposed commission. Recommendations to improve or address such prescribing practices can be made without the creation of a new 9-member commission.

 

Municipality Reimbursement

SECTION 196.   Notwithstanding any general or special law to the contrary, the department of energy resources shall expend not more than $3,000,000 from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws for reimbursements to municipalities in which the property tax receipts from an electric generating station, including 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; provided, however, that such action shall also reduce the commonwealth's greenhouse gas emissions from the electric generator sector under the goals established pursuant to chapter 21N of the General Laws; provided further, that the reimbursement amount shall be determined by calculating the difference between: (i) 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 (ii) the amount of the tax receipts, including payments in lieu of taxes or other compensation, paid by the electric generating station in the tax year prior to the full or partial decommissioning or other change in operating status of the facility; provided further, that a reimbursement shall not 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 electric generating station; and provided further, that not later than December 31, 2016, a municipality in which the property tax receipts from an electric generating station are reduced due to a reduction in capacity factor shall submit a report to the senate and house chairs of the joint committee on telecommunications, utilities and energy detailing the need for these reimbursements and the impact on the municipality of receiving or not receiving them. Payments from the RGGI Auction Trust Fund shall be prioritized so that the first payments from the fund shall be made to municipalities under this section.
 

 

Availability of E-ZPass Transponders

SECTION 197.   Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation, in conjunction with the registry of motor vehicles, shall make E-ZPass transponders available at all full-service registry of motor vehicles' locations.
 

 

Departmental Efficiencies

SECTION 198.   (a) If the secretary of administration and finance determines that an agency of the executive department has developed initiatives or identified unexpended balances that have resulted in cost savings for fiscal year 2017, the secretary may reduce allotments under section 9B of chapter 29 of the General Laws up to $100,000,000 to reflect any of the amounts saved; provided, however, that not less than 15 days prior to reducing allotments, the secretary shall notify the house and senate committees on ways and means in writing.

(b) The total amount of allotment reductions under this section shall not exceed $100,000,000 in fiscal year 2017.
 

 

Office of the Child Advocate XVII

SECTION 199.   Notwithstanding section 3 of chapter 18C of the General Laws or any other general or special law to the contrary, the nominating process for the child advocate established in said section 3 of said chapter 18C shall take effect upon the completion of the term of the current child advocate unless a vacancy sooner occurs in that position.
 

 

Lyme Disease Mandated Benefit Sunset Date

SECTION 200.   Sections 109, 112, 114 and 116 shall take effect on July 1, 2021.
 

 

Dr. Daniel A. Asquino Building and MBTA Fare Increases Effective Date

SECTION 201.   Sections 133 and 184 shall take effect on January 1, 2017.
 

 

Massachusetts School Building Authority Community Poverty Factor Sunset Date

SECTION 202.   Section 161 shall take effect on December 31, 2016.
 

 

Catchall Effective Date

SECTION 203.   Except as otherwise specified, this act shall take effect on July 1, 2016.