This is not the official budget document.

Budget Summary FY2018

Outside Sections
Data Current as of:  11/30/2017



Outside Sections

Local Aid Distribution

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SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2018 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 $1,061,783,475 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 2018 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 2018, 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 executive office of health and human services virtual gateway system under the programs and categories of assistance used to match for the fiscal year 2017 foundation budget. The economically disadvantaged decile assignment and rate methodology shall be calculated in the same manner as in fiscal year 2017. The foundation budget rates for the employee benefits and fixed charges category will be increased to $432.24 for pre-school and half day kindergarten, $864.45 for full day kindergarten, $864.50 for elementary, $854.68 for middle school, $795.92 for high school, $3,288.93 for in-school special education, $520.05 for limited English pre-school and half day kindergarten, $1,025.80 for limited English all other grades, and $1,231.58 for vocational. All other foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2017. The target local share shall be calculated using the same methodology used in fiscal year 2017. Preliminary local contribution shall be the municipality's fiscal year 2017 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 2018 shall be, for any municipality with a fiscal year 2018 preliminary contribution greater than its fiscal year 2018 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 2018, the "foundation aid increment" shall be the difference between: (i) the positive difference between a district's foundation budget and its required district contribution; and (ii) prior year aid. The "minimum aid increment" shall be equal to $30 multiplied by the district's foundation enrollment minus the foundation aid increment.

          Districts that are significantly and negatively impacted by the change in low-income enrollment measurement shall receive transitional relief as included in the chapter 70 distributions in this section. Chapter 70 aid for fiscal year 2018 shall be the sum of prior year aid plus the foundation aid increment, if any, plus the minimum aid increment, if any. No non-operating district shall receive chapter 70 aid in an amount greater than the district's foundation budget.

          Transitional relief, if any, shall be added to the chapter 70 distribution of this section but shall not be added to base aid for the calculation of chapter 70 aid for fiscal year 2019. 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 for any district that has not accepted the provisions of section 260 of chapter 165 of the acts of 2014, provided that any district for whom such costs are not so considered shall have included as part of net school spending an amount equal to the increase in the foundation budget for the district associated with health care costs of retired teachers.

          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 7,637,749 1,965,195
ACTON 0 1,397,422
ACUSHNET 6,286,522 1,514,693
ADAMS 0 2,338,784
AGAWAM 19,253,912 3,680,303
ALFORD 0 14,019
AMESBURY 9,061,587 1,943,468
AMHERST 6,055,023 8,410,410
ANDOVER 10,066,835 1,785,062
AQUINNAH 0 2,335
ARLINGTON 11,180,879 7,578,995
ASHBURNHAM 0 794,291
ASHBY 0 437,425
ASHFIELD 93,413 185,464
ASHLAND 6,012,213 1,350,948
ATHOL 22,728 2,644,804
ATTLEBORO 35,846,981 5,699,154
AUBURN 10,078,534 1,710,866
AVON 1,430,611 692,399
AYER 0 756,264
BARNSTABLE 10,011,348 2,101,329
BARRE 0 898,463
BECKET 76,563 90,723
BEDFORD 4,624,342 1,146,770
BELCHERTOWN 13,744,526 1,699,777
BELLINGHAM 8,503,945 1,695,120
BELMONT 7,800,233 2,255,647
BERKLEY 3,957,968 607,836
BERLIN 454,305 201,410
BERNARDSTON 0 290,555
BEVERLY 7,884,162 5,833,890
BILLERICA 19,055,514 5,817,220
BLACKSTONE 151,883 1,367,375
BLANDFORD 43,655 126,847
BOLTON 4,568 197,239
BOSTON 218,066,495 189,267,705
BOURNE 5,094,043 1,464,445
BOXBOROUGH 14,937 251,995
BOXFORD 1,705,633 485,633
BOYLSTON 473,688 342,187
BRAINTREE 17,201,085 5,716,544
BREWSTER 983,449 394,445
BRIDGEWATER 76,038 3,638,533
BRIMFIELD 1,231,392 389,488
BROCKTON 171,549,638 20,917,128
BROOKFIELD 1,426,350 493,248
BROOKLINE 13,229,766 6,342,529
BUCKLAND 4,957 305,889
BURLINGTON 6,128,596 2,616,206
CAMBRIDGE 14,474,654 21,461,360
CANTON 6,027,495 2,142,288
CARLISLE 931,172 219,148
CARVER 9,913,049 1,459,379
CHARLEMONT 92,051 174,622
CHARLTON 21,633 1,447,318
CHATHAM 0 150,347
CHELMSFORD 10,894,328 5,070,449
CHELSEA 73,109,660 8,204,704
CHESHIRE 0 613,692
CHESTER 93,918 179,856
CHESTERFIELD 133,114 137,926
CHICOPEE 62,362,591 11,503,680
CHILMARK 0 3,747
CLARKSBURG 1,788,625 363,414
CLINTON 12,209,651 2,351,659
COHASSET 2,545,614 513,968
COLRAIN 5,977 288,319
CONCORD 3,229,888 1,158,938
CONWAY 620,884 178,539
CUMMINGTON 73,684 83,338
DALTON 236,011 1,136,604
DANVERS 6,732,852 2,845,286
DARTMOUTH 9,732,331 2,518,312
DEDHAM 4,604,194 3,266,846
DEERFIELD 1,095,493 479,817
DENNIS 0 544,059
DEVENS 308,558  
DIGHTON 0 772,460
DOUGLAS 8,684,255 729,033
DOVER 767,856 192,170
DRACUT 19,182,047 3,500,184
DUDLEY 18,150 1,784,906
DUNSTABLE 2,961 245,710
DUXBURY 5,122,424 885,515
EAST BRIDGEWATER 10,543,697 1,495,339
EAST BROOKFIELD 186,016 289,726
EAST LONGMEADOW 10,598,614 1,446,023
EASTHAM 354,681 148,834
EASTHAMPTON 7,926,222 2,807,953
EASTON 9,933,051 2,187,668
EDGARTOWN 703,049 66,544
EGREMONT 0 63,031
ERVING 457,975 67,144
ESSEX 0 244,590
EVERETT 65,650,979 6,901,697
FAIRHAVEN 7,580,960 2,252,710
FALL RIVER 112,435,190 23,806,465
FALMOUTH 6,110,688 1,384,984
FITCHBURG 49,829,149 8,525,298
FLORIDA 546,637 49,723
FOXBOROUGH 8,888,190 1,488,008
FRAMINGHAM 42,363,221 9,938,983
FRANKLIN 28,078,451 2,468,462
FREETOWN 452,684 948,611
GARDNER 19,521,864 4,233,280
GEORGETOWN 5,448,358 715,645
GILL 0 242,992
GLOUCESTER 6,509,407 3,989,861
GOSHEN 96,111 79,920
GOSNOLD 16,414 2,095
GRAFTON 10,921,955 1,561,999
GRANBY 4,622,810 882,066
GRANVILLE 0 160,167
GREAT BARRINGTON 0 758,155
GREENFIELD 12,197,397 3,171,605
GROTON 0 773,847
GROVELAND 43,420 727,187
HADLEY 1,002,764 453,397
HALIFAX 2,923,648 906,844
HAMILTON 0 671,185
HAMPDEN 0 687,308
HANCOCK 207,160 56,403
HANOVER 6,871,449 2,116,228
HANSON 59,448 1,279,285
HARDWICK 0 465,076
HARVARD 1,926,361 1,479,443
HARWICH 0 430,312
HATFIELD 825,616 311,711
HAVERHILL 52,474,585 9,818,458
HAWLEY 26,834 43,233
HEATH 0 83,584
HINGHAM 7,147,176 1,576,618
HINSDALE 104,683 222,432
HOLBROOK 5,652,634 1,474,020
HOLDEN 5,499 1,909,993
HOLLAND 923,658 201,636
HOLLISTON 7,441,480 1,547,029
HOLYOKE 71,400,527 10,145,817
HOPEDALE 6,029,670 651,420
HOPKINTON 6,256,963 784,762
HUBBARDSTON 0 450,005
HUDSON 11,571,901 1,992,098
HULL 3,818,486 2,117,120
HUNTINGTON 257,686 344,296
IPSWICH 3,231,030 1,603,607
KINGSTON 4,308,265 958,874
LAKEVILLE 73,946 817,397
LANCASTER 8,468 954,923
LANESBOROUGH 768,543 344,604
LAWRENCE 180,602,480 19,614,942
LEE 2,047,989 622,151
LEICESTER 9,708,447 1,734,555
LENOX 1,242,525 532,484
LEOMINSTER 44,073,487 5,717,489
LEVERETT 289,061 178,317
LEXINGTON 13,998,894 1,531,029
LEYDEN 0 82,252
LINCOLN 1,052,081 680,098
LITTLETON 3,943,488 710,119
LONGMEADOW 4,672,411 1,395,717
LOWELL 144,067,633 25,162,659
LUDLOW 13,642,593 3,051,799
LUNENBURG 7,272,505 1,056,431
LYNN 157,028,802 22,366,973
LYNNFIELD 4,272,061 1,038,979
MALDEN 49,072,289 12,533,384
MANCHESTER 0 222,163
MANSFIELD 18,728,069 2,228,356
MARBLEHEAD 5,741,619 1,137,599
MARION 833,284 225,411
MARLBOROUGH 24,972,052 5,438,142
MARSHFIELD 14,421,163 2,164,150
MASHPEE 4,541,226 367,548
MATTAPOISETT 812,995 404,891
MAYNARD 5,000,104 1,569,461
MEDFIELD 6,137,784 1,448,128
MEDFORD 11,864,786 12,117,695
MEDWAY 10,368,909 1,218,791
MELROSE 8,280,046 5,123,317
MENDON 27,383 408,247
MERRIMAC 39,015 840,540
METHUEN 42,360,163 5,431,706
MIDDLEBOROUGH 17,796,089 2,463,012
MIDDLEFIELD 13,200 53,107
MIDDLETON 1,626,461 546,604
MILFORD 23,145,669 3,051,332
MILLBURY 7,150,572 1,769,015
MILLIS 4,761,622 1,045,922
MILLVILLE 70,899 406,921
MILTON 7,557,002 3,209,943
MONROE 49,377 18,369
MONSON 7,484,975 1,304,068
MONTAGUE 0 1,431,713
MONTEREY 0 46,189
MONTGOMERY 21,042 86,697
MOUNT WASHINGTON 32,643 29,946
NAHANT 508,003 377,462
NANTUCKET 3,114,564 79,153
NATICK 9,281,825 3,806,809
NEEDHAM 9,166,360 1,743,949
NEW ASHFORD 179,597 20,292
NEW BEDFORD 137,925,032 22,980,913
NEW BRAINTREE 0 131,878
NEW MARLBOROUGH 0 58,505
NEW SALEM 6,051 103,651
NEWBURY 16,844 517,371
NEWBURYPORT 3,923,142 2,547,869
NEWTON 22,789,852 5,870,797
NORFOLK 3,406,815 958,026
NORTH ADAMS 13,721,833 4,432,063
NORTH ANDOVER 8,326,307 2,047,318
NORTH ATTLEBOROUGH 20,427,791 2,874,118
NORTH BROOKFIELD 4,254,298 796,029
NORTH READING 7,010,717 1,773,795
NORTHAMPTON 7,395,919 4,390,877
NORTHBOROUGH 3,899,030 1,114,331
NORTHBRIDGE 15,473,041 2,108,739
NORTHFIELD 0 360,937
NORTON 12,678,650 2,076,324
NORWELL 3,600,308 1,070,921
NORWOOD 6,207,454 4,646,761
OAK BLUFFS 924,052 72,654
OAKHAM 5,880 191,665
ORANGE 5,240,609 1,614,480
ORLEANS 372,015 171,598
OTIS 0 36,336
OXFORD 10,461,744 2,054,202
PALMER 10,829,000 2,003,477
PAXTON 0 540,589
PEABODY 19,247,212 7,211,324
PELHAM 230,581 159,020
PEMBROKE 13,434,662 1,679,302
PEPPERELL 0 1,491,023
PERU 89,842 114,091
PETERSHAM 431,323 114,528
PHILLIPSTON 0 184,276
PITTSFIELD 40,545,642 8,625,330
PLAINFIELD 39,513 50,119
PLAINVILLE 2,885,981 757,895
PLYMOUTH 25,884,957 3,914,506
PLYMPTON 727,660 237,003
PRINCETON 0 295,785
PROVINCETOWN 283,851 138,183
QUINCY 27,043,396 19,075,668
RANDOLPH 16,296,529 5,192,661
RAYNHAM 0 1,135,988
READING 10,591,299 3,238,667
REHOBOTH 0 1,041,367
REVERE 60,824,236 10,276,496
RICHMOND 357,479 108,082
ROCHESTER 1,802,732 424,300
ROCKLAND 13,706,495 2,640,947
ROCKPORT 1,461,146 437,134
ROWE 136,715 3,936
ROWLEY 25,266 539,494
ROYALSTON 0 179,602
RUSSELL 168,465 246,731
RUTLAND 0 924,139
SALEM 21,736,742 6,891,419
SALISBURY 33,688 631,215
SANDISFIELD 0 34,618
SANDWICH 6,989,398 1,125,988
SAUGUS 5,569,152 3,665,082
SAVOY 512,309 115,752
SCITUATE 5,434,351 2,009,685
SEEKONK 5,143,575 1,229,326
SHARON 7,240,547 1,398,467
SHEFFIELD 16,826 243,380
SHELBURNE 0 261,253
SHERBORN 662,721 216,392
SHIRLEY 0 1,310,705
SHREWSBURY 19,706,038 2,782,874
SHUTESBURY 623,336 169,412
SOMERSET 7,542,377 1,532,241
SOMERVILLE 20,170,688 25,171,000
SOUTH HADLEY 7,933,784 2,609,119
SOUTHAMPTON 2,522,746 636,553
SOUTHBOROUGH 2,914,531 436,945
SOUTHBRIDGE 21,187,899 3,514,559
SOUTHFIELD 0  
SOUTHWICK 0 1,260,155
SPENCER 49,601 2,259,569
SPRINGFIELD 333,018,401 37,819,217
STERLING 0 692,592
STOCKBRIDGE 0 99,581
STONEHAM 4,269,807 3,712,808
STOUGHTON 15,439,562 3,199,090
STOW 4,733 420,553
STURBRIDGE 3,795,214 773,978
SUDBURY 4,829,178 1,398,438
SUNDERLAND 861,528 504,938
SUTTON 5,398,395 779,841
SWAMPSCOTT 3,496,131 1,293,116
SWANSEA 7,716,864 1,876,329
TAUNTON 58,171,418 8,402,471
TEMPLETON 8,332 1,393,082
TEWKSBURY 13,119,905 2,780,480
TISBURY 698,224 97,959
TOLLAND 0 18,465
TOPSFIELD 1,157,318 612,757
TOWNSEND 0 1,312,935
TRURO 394,659 30,055
TYNGSBOROUGH 7,312,774 965,448
TYRINGHAM 40,469 12,684
UPTON 19,248 531,879
UXBRIDGE 9,331,904 1,374,601
WAKEFIELD 6,230,988 3,365,539
WALES 985,373 235,962
WALPOLE 7,961,141 2,546,080
WALTHAM 12,031,585 9,593,304
WARE 9,467,957 1,724,734
WAREHAM 13,232,181 1,976,561
WARREN 0 903,844
WARWICK 0 127,053
WASHINGTON 4,390 94,358
WATERTOWN 4,903,189 6,663,615
WAYLAND 4,265,052 903,034
WEBSTER 12,255,637 2,473,495
WELLESLEY 8,399,961 1,294,148
WELLFLEET 190,588 58,392
WENDELL 0 174,104
WENHAM 0 427,922
WEST BOYLSTON 2,982,885 795,966
WEST BRIDGEWATER 3,663,259 653,276
WEST BROOKFIELD 252,969 486,582
WEST NEWBURY 2,312 296,010
WEST SPRINGFIELD 26,122,187 3,580,408
WEST STOCKBRIDGE 0 97,134
WEST TISBURY 0 185,560
WESTBOROUGH 7,878,155 1,157,670
WESTFIELD 34,321,448 6,289,033
WESTFORD 16,853,055 2,123,074
WESTHAMPTON 469,400 144,763
WESTMINSTER 0 653,977
WESTON 3,579,112 373,690
WESTPORT 4,470,212 1,215,414
WESTWOOD 5,111,033 728,832
WEYMOUTH 28,071,515 8,710,954
WHATELY 259,340 134,068
WHITMAN 78,029 2,419,075
WILBRAHAM 0 1,462,090
WILLIAMSBURG 534,055 302,452
WILLIAMSTOWN 972,741 953,797
WILMINGTON 11,270,330 2,484,126
WINCHENDON 11,408,120 1,680,683
WINCHESTER 8,058,883 1,478,108
WINDSOR 26,342 103,744
WINTHROP 6,509,855 4,211,539
WOBURN 8,724,234 5,980,823
WORCESTER 245,207,183 41,515,613
WORTHINGTON 240,361 125,485
WRENTHAM 3,737,593 931,398
YARMOUTH 0 1,261,333
Total Municipal Aid 4,042,870,489 1,061,783,475
 
Regional School District 7061-0008
Chapter 70
Unrestricted
General
Government
Aid
ACTON BOXBOROUGH 14,859,361  
ADAMS CHESHIRE 10,275,553  
AMHERST PELHAM 9,476,497  
ASHBURNHAM WESTMINSTER 10,741,723  
ASSABET VALLEY 5,119,934  
ATHOL ROYALSTON 17,319,440  
AYER SHIRLEY 8,197,181  
BERKSHIRE HILLS 2,871,498  
BERLIN BOYLSTON 1,107,888  
BLACKSTONE MILLVILLE 10,880,269  
BLACKSTONE VALLEY 8,190,134  
BLUE HILLS 4,734,978  
BRIDGEWATER RAYNHAM 21,132,011  
BRISTOL COUNTY 3,027,862  
BRISTOL PLYMOUTH 11,001,225  
CAPE COD 2,149,167  
CENTRAL BERKSHIRE 8,677,909  
CHESTERFIELD GOSHEN 744,760  
CONCORD CARLISLE 2,429,801  
DENNIS YARMOUTH 7,095,664  
DIGHTON REHOBOTH 12,783,266  
DOVER SHERBORN 2,047,723  
DUDLEY CHARLTON 24,265,243  
ESSEX NORTH SHORE 3,887,155  
FARMINGTON RIVER 434,200  
FRANKLIN COUNTY 3,488,136  
FREETOWN LAKEVILLE 10,933,153  
FRONTIER 2,821,245  
GATEWAY 5,606,889  
GILL MONTAGUE 6,185,014  
GREATER FALL RIVER 15,945,069  
GREATER LAWRENCE 23,522,755  
GREATER LOWELL 25,027,501  
GREATER NEW BEDFORD 24,873,054  
GROTON DUNSTABLE 10,778,123  
HAMILTON WENHAM 3,606,706  
HAMPDEN WILBRAHAM 11,742,374  
HAMPSHIRE 3,231,273  
HAWLEMONT 621,882  
KING PHILIP 7,465,060  
LINCOLN SUDBURY 3,002,696  
MANCHESTER ESSEX 2,967,368  
MARTHAS VINEYARD 2,835,120  
MASCONOMET 5,090,919  
MENDON UPTON 12,317,476  
MINUTEMAN 2,074,863  
MOHAWK TRAIL 6,001,454  
MONOMOY 3,300,373  
MONTACHUSETT 14,144,811  
MOUNT GREYLOCK 1,748,153  
NARRAGANSETT 9,873,894  
NASHOBA 6,852,150  
NASHOBA VALLEY 3,678,434  
NAUSET 3,456,769  
NEW SALEM WENDELL 694,961  
NORFOLK COUNTY 1,225,310  
NORTH MIDDLESEX 20,203,733  
NORTHAMPTON SMITH 906,755  
NORTHBORO SOUTHBORO 3,078,274  
NORTHEAST METROPOLITAN 9,188,658  
NORTHERN BERKSHIRE 4,679,876  
OLD COLONY 3,254,694  
OLD ROCHESTER 2,900,926  
PATHFINDER 5,440,055  
PENTUCKET 13,040,102  
PIONEER 4,128,881  
QUABBIN 16,525,258  
QUABOAG 9,085,390  
RALPH C MAHAR 5,394,990  
SHAWSHEEN VALLEY 6,391,251  
SILVER LAKE 8,035,064  
SOMERSET BERKLEY 4,855,502  
SOUTH MIDDLESEX 4,407,641  
SOUTH SHORE 4,307,230  
SOUTHEASTERN 15,590,206  
SOUTHERN BERKSHIRE 1,947,431  
SOUTHERN WORCESTER 10,324,016  
SOUTHWICK TOLLAND GRANVILLE 9,760,098  
SPENCER EAST BROOKFIELD 13,601,594  
TANTASQUA 8,680,055  
TRI COUNTY 5,659,268  
TRITON 8,636,541  
UPISLAND 854,362  
UPPER CAPE COD 3,026,491  
WACHUSETT 26,845,153  
WHITMAN HANSON 24,552,030  
WHITTIER 9,218,276  
Total Regional Aid 703,083,228  
Total Municipal and Regional Aid 4,745,953,717 1,061,783,475

 

Elder LGBT Commission Reporting

SECTION 4.   Section 71 of chapter 3 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof the following subsection:-

(e) The commission shall submit a report on its activities and findings, including any recommendations, to the governor, the clerks of the house of representatives and the senate and the house and senate chairs of the joint committee on elder affairs and shall file at least 1 report by December 31 in the even-numbered years.
 

 

Electronic Toll Collections

SECTION 5.   Section 13 of chapter 6C of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(d) The department shall regularly review fees and fines assessed on electronic toll collection system account holders. Not less than once each month, the department shall contact accounts with more than $100 in outstanding fees and fines assessed on unpaid tolls to update the account holder on the account status and provide guidance as to what actions the account holder may take to remedy the account balance. Efforts to contact account holders shall include comparing address information on file with the national change of address registry, communicating with the account holder by email and communicating with the account holder by phone.
 

 

Transportation Employees on Capital

SECTION 6.   Section 15 of said chapter 6C, as so appearing, is hereby amended by inserting after the word "expenditures", in line 12, the following words:- , unless used as the state match to federal funding for transportation projects; provided, however, that the department shall report annually, on or before February 1, to the house and senate chairs of the joint committee on transportation, on the following: (i) the amount of capital expenditures used as the state match to federally-eligible capital projects; (ii) the total number of department employee salaries included in capital expenditures, including a breakdown by division of the position titles and accompanying salaries; (iii) the total number of employees of the division of highways assigned to capital projects; (iv) a schedule of transportation capital projects where employee salaries are included in capital expenditures; (v) the status of said projects; (vi) any projected cost savings; and (vii) the impact of including department employee salaries in capital expenditures on the ability of the division of highways to plan, design, construct and complete transportation capital projects.
 

 

MassDOT/MBTA Cost Recovery 1

SECTION 7.   Section 20 of said chapter 6C, as so appearing, is hereby amended by striking out, in line 22, the words "$5,000 or less" and inserting in place thereof the following words:- $50,000 or less; provided, however, that the department shall declare the property available for disposition and shall specify the restrictions, if any, placed on the subsequent use of the property.
 

 

Nickerson State Park Trust Fund

SECTION 8.   Chapter 10 of the General Laws is hereby amended by inserting after section 35DDD the following section:-

Section 35EEE. (a) There shall be a Nickerson State Park Trust Fund to be used, without further appropriation, for the long-term preservation and maintenance of Nickerson State Park in the town of Brewster. Any balance in the fund at the end of a fiscal year shall not revert to the General Fund but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

(b) The department of conservation and recreation shall impose a surcharge of $2 upon each fee charged and collected for admission to camping in Nickerson State Park. The additional money collected from the surcharge shall be deposited into the Nickerson State Park Trust Fund.

(c) An annual report, which shall include projects undertaken, expenditures made, and income received by the fund, shall be submitted to the clerks of the house of representatives and the senate and to the house and senate committees on ways and means not later than December 31.
 

 

BSAS Tech Change 1

SECTION 9.   Section 66 of said chapter 10, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 25, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

Higher Ed Interstate Reciprocity Agreements

SECTION 10.   Section 9 of chapter 15A of the General Laws, as so appearing, is hereby further amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, the board of higher education shall have the authority to enter into interstate reciprocity agreements that authorize an accredited, degree-granting institution of higher education located in the commonwealth to voluntarily participate in such an agreement and to provide distance education programs to students in other states in accordance with the agreement. The authority granted by this paragraph shall apply only to distance learning programs and shall not affect other approvals of institutions of higher education or programs required by law exemptions for institutions of higher education or programs. This section shall not prohibit an accredited, degree-granting institution of higher education located in the commonwealth that has been authorized to grant degrees by the board of higher education but that does not participate in such an agreement from offering a postsecondary distance education program in another state if the institution is duly authorized to do so by the other state. For purposes of online distance education programs, an accredited, degree-granting institution of higher education chartered, incorporated or organized in another state that is a party to the interstate reciprocity agreement entered into by the board shall be authorized by the board of higher education to conduct courses that lead to the award of a degree in the commonwealth in accordance with section 31A of chapter 69; provided, however, that the institution of higher education is approved to participate in and meets the requirements of the interstate reciprocity agreement. This section shall not affect the authority of the attorney general to enforce statutes or promulgate and enforce regulations that prohibit consumer fraud and unfair or deceptive business practices including, but not limited, those under chapter 93A, and to enforce section 1042 of the federal Consumer Financial Protection Act of 2010. Before the board of higher education enters into an interstate reciprocity agreement, the department of higher education and the attorney general shall execute a memorandum of understanding necessary to coordinate the enforcement of relevant requirements, statutes and regulations, including those related to consumer fraud and unfair or deceptive business practices.
 

 

BSAS Tech Change 2

SECTION 11.   Section 18 of chapter 17 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

BSAS Tech Change 3

SECTION 12.   Section 18A of said chapter 17, as so appearing, is hereby amended by striking out, in lines 11 and 16, the word "abuse" and inserting in place thereof, in each instance, the following word:- addiction.
 

 

Home Care Worker Registry

SECTION 13.   Chapter 19A of the General Laws is hereby amended by inserting after section 4C the following section:-

Section 4D. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

"Employee organization", a labor union or other organization, agency or employee representation committee, association, group or plan in which employees participate and which exists in whole or in part for the purpose of dealing with employers concerning matters incidental to employment relationships.

"Home care worker", a person employed by a home care worker agency to provide personal care, homemaker, companion or chore services under the home care program established in section 4.

"Home care worker agency", an entity employing home care workers to provide services under the home care program established in section 4 that is under contract with an aging services access point established pursuant to section 4B.

(b) The department shall establish and maintain a home care worker registry for home care workers employed by a home care worker agency.

A home care worker agency shall report the required home care worker registry information for each home care worker it employs on a paid, unpaid, temporary or permanent basis who is not exempt from the reporting requirement. Any exemptions from reporting shall be established in regulations promulgated by the department.

The department shall collect the following reported information concerning each home care worker: (i) the worker's full name; (ii) their assigned unique identification number; (iii) their gender; (iv) their home address; (v) their mailing address; (vi) the full legal name of any home care worker agency employing the home care worker; (vii) the worker's job title; and (viii) a list of home care trainings or certifications completed by the home care worker.

Reported information for each employed home care worker shall be submitted and regularly updated by each home care worker agency subject to this section. The registry shall be updated at least quarterly. A home care worker agency shall collect and maintain the required information and submit updated information in a timely manner as determined by the department. A home care worker shall not be responsible for any costs related to the registry.

The department shall only make each home care worker's full name, identification number, name of any home care worker agency employing the home care worker and a list of home care trainings or certifications completed by the home care worker available to the public unless such information is exempt from disclosure by the department. Upon request from an employee organization, home care worker agency or aging services access point, the department shall provide all reported information to such entity.

The department shall promulgate rules and regulations and shall provide such forms and notifications as may be necessary to implement this section; provided, however, that the department shall minimize any duplicate reporting that may be required of home care agencies.
 

 

MDFA Borrowing Limit

SECTION 14.   Section 29 of chapter 23G of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 8 and 9, the words ", $200,000,000 of which shall be for the exclusive use of the Devens project, so-called".
 

 

MassDevelopment Bond Capacity 2

SECTION 15.   Said section 29 of said chapter 23G, as so appearing, is hereby further amended by adding the following paragraph:-

Annually, not later than July 1, the Agency shall report on the allocation of Agency debt obligations for its corporate purposes for each fiscal year. A copy of the allocation report shall be filed with the clerks of the house of representatives and senate.
 

 

Employer Contribution to Health Care 1

SECTION 16.   Section 8A of chapter 23H of the General Laws, as so appearing, is hereby amended by inserting after the word "system", in line 2, the following words:- , the contribution established under section 189A of chapter 149.
 

 

EMAC etc. 1

SECTION 17.   Said section 8A of said chapter 23H is hereby further amended by striking out the words ", the contribution established under section 189A of chapter 149" inserted by section 16.
 

 

BSAS Tech Change 5

SECTION 18.   Section 68 of chapter 23K of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 63, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

Trial Court Energy Conservation 1

SECTION 19.   Section 14 of chapter 25A of the General Laws, as so appearing, is hereby amended by striking out, in lines 1 and 2, and in line 14, the words "or local governmental body" and inserting in place thereof, in each instance, the following words:- , local governmental body or the judiciary.
 

 

Trial Court Energy Conservation 2

SECTION 20.   Said section 14 of said chapter 25A, as so appearing, is hereby further amended by striking out, in line 9, the words "or body" and inserting in place thereof the following words:- , body or the judiciary.
 

 

Child Care Quality Fund

SECTION 21.   Section 2JJ of chapter 29 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the word "for" the second time it appears, and inserting in place thereof the following words:- and family child care homes or large family child care homes, as defined in section 1A of chapter 15D, for.
 

 

Hospital Assessment 1

SECTION 22.   Said chapter 29 is hereby further amended by inserting after section 2VVVV the following 2 sections:-

Section 2WWWW. (a) There shall be a Non-Acute Care Hospital Reimbursement Trust Fund to be administered by the secretary of health and human services. There shall be credited to the fund: (i) all revenues generated from the funds collected under subsection (b) of section 67 of chapter 118E; (ii) an amount equal to any federal financial participation revenues claimed and received by the commonwealth for eligible expenditures made from the fund; (iii) any revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund; and (iv) interest earned on any money in the fund. Amounts credited to the fund shall be expended without further appropriation.

(b) Money in the fund shall be expended for Medicaid payments to: (i) nonpublic hospitals licensed by the department of public health under section 51 of chapter 111 but not defined as acute-care hospitals under section 25B of said chapter 111; and (ii) nonpublic hospitals licensed as inpatient facilities by the department of mental health under section 19 of chapter 19 and regulations promulgated thereunder but not categorized as Class VII licensees under the regulations.

(c) Revenues generated from clauses (i) and (ii) of subsection (a) shall be expended exclusively for the entities identified in subsection (b) and shall not be used to replace payment commitments in effect as of March 1, 2017. The expenditures shall be established by the executive office of health and human services in a manner consistent with the requirements and conditions of federal financial participation under 42 U.S.C. 1396b(w) and 42 C.F.R. 433.68, including the prohibitions against hold harmless provisions as defined under 42 U.S.C. 1396b(w)(4) and 42 C.F.R. 433.68(f) and shall be made only under federally-approved payment methods and consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services. Federal financial participation shall be sought in a manner that achieves the maximum amount of federal revenue such that the assessment amount equals the state share of the qualifying Medicaid hospital payments related to this section.

(d) The schedule of payment amounts to be established and distributed by the executive office of health and human services under this section shall be developed in a manner that: (i) promotes the provider capacity, access and utilization management needs of the MassHealth program as those needs are determined by the secretary of health and human services; (ii) may consider the cost of services delivered by providers for which the providers are not fully reimbursed or otherwise compensated, including, but not limited to, inpatient, outpatient, and physician bad debt, free care and services delivered in good faith reliance on authorization; (iii) may consider existing Medicaid reimbursement rates above base rates including but not limited to those provided to chronic disease rehabilitation hospitals that serve solely children and adolescents; and (iv) is proportional, to the extent possible, to the respective assessed amounts paid by each class of hospitals relative to this section. The executive office shall consult with trade organizations representing rehabilitation hospital providers, chronic care hospital providers and psychiatric hospital providers in the development and implementation of the payments. In order to accommodate timing discrepancies between the receipt of revenue and related expenditures, the comptroller may certify for payment amounts not to exceed the most recent revenue estimates as certified by the secretary of health and human services to be transferred, credited or deposited under this section. 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.

(e) Annually, not later than September 30, the executive office of health and human services shall file a report with the house and senate committees on ways and means which shall include: (i) a detailed accounting of all money transferred, credited or deposited into and from the fund; (ii) the reasons for any unspent amount in the fund; and (iii) an analysis of the respective assessed amounts paid by each class of hospitals and the respective payments received by each class of hospitals relative to this section.

Section 2XXXX. (a) There shall be a Municipal Epinephrine Bulk Purchase Trust Fund to be administered and expended by the commissioner of public health or a designee for the municipal epinephrine bulk purchase program. Municipalities may join the program to purchase epinephrine for municipal first responder agencies and elementary and secondary schools located within the district. The state office of pharmacy services shall assist with the purchasing and distribution of epinephrine on behalf of the program. The department of public health shall provide technical assistance to participating municipalities to ensure that municipalities complete all training and registration requirements.

(b) The fund shall consist of: (i) payments made by participating municipalities for the purchase of epinephrine; (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. Funds that are received under clauses (ii) or (iii) shall be apportioned in a manner determined by the department and shall be applied to provide price reductions for municipalities purchasing epinephrine through the program. Amounts credited to the fund shall not be subject to further appropriation and money remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The commissioner shall report annually not later than October 1 to the chairs of the house and senate committees on ways and means on the fund's activity. The report shall include, but not be limited to, revenue received by the fund, revenue and expenditure projections for the forthcoming fiscal year and details of the expenditures from the fund, the municipalities participating in the program, the amount of epinephrine purchased by each municipality and the discount procured through bulk purchasing.

(c) The department of public health may promulgate regulations or guidelines to implement the municipal epinephrine bulk purchase program established pursuant to this section.
 

 

MBTA Retirement Fund Authorization

SECTION 23.   Section 1 of chapter 32 of the General Laws is hereby amended by inserting after the word "system", in line 572, as appearing in the 2016 Official Edition, the following words:- and the Massachusetts Bay Transportation Authority Retirement Fund shall be deemed to be a system.
 

 

Service Credit Reimbursements 1

SECTION 24.   Section 3 of said chapter 32 is hereby amended by inserting after the word "unit", in line 915, the first time it appears, as so appearing, the following words:- ; provided, however, that if the commonwealth is the first governmental unit, any payments received shall be credited to the General Fund.
 

 

Service Credit Reimbursements 2

SECTION 25.   Section 7 of said chapter 32, as so appearing, is hereby amended by inserting after the word "unit", in line 224, the following words:- ; provided, however, that if the commonwealth is the first governmental unit, any payments received shall be credited to the General Fund.
 

 

Service Credit Reimbursements 3

SECTION 26.   Section 22 of said chapter 32 is hereby amended by inserting after the word "fund", in line 371, as so appearing, the following words:- or to the General Fund as otherwise provided in those sections.
 

 

Pension Transfer Schedule

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

Notwithstanding any general or special law to the contrary, appropriations or transfers made to the Commonwealth's Pension Liability Fund in fiscal years 2018 to 2020, inclusive, shall be made in accordance with the following funding schedule: $2,394,497,926 in fiscal year 2018, $2,608,452,563 in fiscal year 2019 and $2,841,524,605 in fiscal year 2020. Notwithstanding any provision of this subdivision to the contrary, any adjustments to these amounts shall be limited to increases in the schedule amounts for each of the specified years.
 

 

Medal of Liberty Eligibility

SECTION 29.   Section 67A of chapter 33 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:- If a fallen service member from the commonwealth who qualifies for the medal of liberty has no surviving spouse, children, siblings or parents, such service member's next closest surviving relative including, but not limited to, any nephews or nieces, shall be eligible for the medal of liberty.
 

 

Community Benefit Districts

SECTION 30.   The General Laws are hereby amended by inserting after chapter 40W the following chapter:-

CHAPTER 40X.

COMMUNITY BENEFIT DISTRICTS

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

"Community benefit district", a contiguous geographic area with clearly-defined boundaries formed pursuant to this chapter.

"Community benefit district corporation", the nonprofit corporation designated to receive funds and otherwise implement the community benefit district, including the board of directors, officers and employees.

"Community benefit district fee", a payment for services or improvements specified by the initial management plan or any other management plan.

"Initial management plan", the strategic and operating plan for the community benefit district as approved by the municipal governing body as part of the creation of the community benefit district.

"Management plan", a subsequent, updated version of the initial management plan that is approved by the board of directors.

"Memorandum of understanding with the municipality", a document that describes the standard government services and supplemental services to be provided within the community benefit district and how the municipality will participate in the community benefit district as a property owner and member.

"Municipal governing body", the city council or board of aldermen in a city or the board of selectmen or town council in a town.

"Petition signer", a property owner or a designee within the community benefit district who affirmatively signs the petition to establish the community benefit district.

"Property", real property located within the community benefit district, whether commercial, tax exempt or residential.

"Property owner", the owner of record of property; provided, however, that when a property is owned by an entity other than a natural person, a petition signer for that property shall include the petition signer's title and shall demonstrate its authority to sign as owner; and provided further, that if a property is owned by multiple persons, the signature of 1 owner shall be sufficient if that owner demonstrates authority to sign on behalf of the other owners.

"Standard government services", governmental functions, programs, activities, facilities, improvements and other services that a municipality is authorized to perform or provide and that are paid for out of the municipal government budget.

"Supplemental services", the provision of programs, public rights of way services, activities, amenities or information in addition to the standard governmental services provided to the community benefit district.

Section 2. The rights and powers of a community benefit district corporation in a community benefit district approved by the municipal governing body pursuant to section 4 shall include: (i) retaining or recruiting business; (ii) administering and managing central and neighborhood business districts; (iii) promoting economic development; (iv) managing parking; (v) designing, engineering, constructing, maintaining or operating buildings, facilities, urban streetscapes or infrastructure to further economic development and public purposes; (vi) conducting historic preservation activities; (vii) leasing, owning, acquiring or optioning real property; (viii) owning and managing parks, public spaces and community facilities; (ix) supplementing maintenance, security and sanitation; (x) planning and designing services; (xi) formulating a fee structure; (xii) accumulating interest; (xiii) incurring costs or indebtedness; (xiv) entering into contracts; (xv) suing and being sued; (xvi) employing legal and accounting services; (xvii) undertaking planning, feasibility and market analyses; (xviii) developing common marketing and promotional activities; (xix) engaging in placemaking, programming and event management within the district; (xx) soliciting donations, sponsorships and grants; (xxi) operating transit services; and (xxii) supporting public art, human and environmental services related to the enhancement of the district or other supplemental services or programs that would further the purposes of this chapter.

Section 3. The organization of a community benefit district shall be initiated by a petition of the property owners within the proposed community benefit district which shall be filed in the office of the clerk of the municipality and shall contain:

(i) the signatures of the property owners, including participating tax-exempt entities, or petition signers in the proposed district who support the establishment of the district and who will pay more than 50 per cent of the assessments proposed to be levied; provided, however, that the amount of the assessment attributable to property owned by the same property owner that is in excess of 20 per cent of the amount of all assessments proposed shall not be included in the calculation or, alternatively, if there are not more than 4 property owners in the proposed district, all such property owners shall sign the petition;

(ii) a description of and a site map delineating the boundaries of the proposed community benefit district;

(iii) the identity and address of the community benefit district corporation, including its initial set of directors and officers and a copy of its by-laws;

(iv) an initial management plan which shall set forth the supplemental services and programs, vision, strategy, budget and fee structures proposed for the community benefit district;

(v) the criteria for waiving the fee for a property owner within the community benefit district who can provide evidence that the imposition of such a fee would create a significant financial hardship; and

(vi) a staffing plan which may include private nonprofit, for profit or public agency contractors or subcontractors.

A petition may include a mechanism for reimbursing the municipality for the costs incurred in establishing the community benefit district and for costs incurred in collecting the district fees. A copy of the petition shall be filed with the undersecretary of housing and community development and the secretary of housing and economic development not more than 30 days following receipt of the petition by the clerk of the municipality.

Section 4. (a) The municipal governing body shall hold a public hearing not more than 60 days following receipt of the petition by the clerk of the municipality. Written notification of the hearing shall be sent to each property owner within the boundary of the proposed community benefit district at least 30 days before a hearing by mailing notice to the address listed in the property tax records. Notification of the hearing shall be published for 2 consecutive weeks in a newspaper of general circulation in the area, the last publication of which shall be not less than 14 days before the hearing and listed on the municipality's website. The public notice shall contain the proposed boundaries of the community benefit district, the proposed fee level, a summary of supplemental programs and services and where the property owner may obtain a full copy of the initial management plan.

(b) Prior to the public hearing, the municipal governing body shall direct the town clerk, city clerk or a designee to determine that the establishment criteria have been met, as set forth in section 3. In determining whether a signature is authentic, the clerk shall apply the same standard used when certifying signatures for a petition to place a referendum on a local or state ballot.

(c) Not more than 45 days after the public hearing, a municipal governing body may, by vote of the city council with the approval of the mayor in a city, except in any city operating under a Plan D or Plan E charter, in which case, by vote of the city council with the approval of the city manager, and by a vote of the board of selectmen in a town, declare the district organized and describe the boundaries and service area of the district; provided, however, that in a town with a population of not more than 10,000, the district shall not be declared organized without a vote by the board of selectmen and a town meeting. The declaration shall include authorization to municipal staff to enter into an agreement with the community benefit district corporation with respect to operations and funding consistent with the approved initial management plan. Upon such declaration, the community benefit district may commence operations.

(d) Notice of the declaration of the organization of the community benefit district shall be mailed or delivered to each property owner within the proposed community benefit district. The notice shall explain that membership in the community benefit district is irrevocable unless the community benefit district is dissolved pursuant to section 10 and shall include a description of the basis for determining the district fee, the projected fee level and the services to be provided within the community benefit district. The notice shall be published for 2 consecutive weeks in a newspaper of general circulation in the area, the last publication being not more than 30 days after the vote to declare the district organized.

(e) Participation in the community benefit district shall be permanent unless the community benefit district is dissolved pursuant to section 10. All property owners shall contribute in accordance with fee structures based upon the benefits anticipated to be received, as outlined in the initial management plan.

Section 5. (a) Each community benefit district corporation shall have a not-for-profit board of directors that shall oversee its operations to insure the implementation of the initial management plan and any management plan. Not less than 51 per cent of the board shall be composed of property owners, which may include participating tax-exempt property owners or their designees, and the remaining members may be a balanced group of stakeholders representing the community including residents, municipal government, business tenants and nonprofits.

(b) The initial management plan shall be updated not less than once every 3 years by the community benefit district board of directors and a copy thereof shall be mailed, emailed or delivered to each community benefit district member and filed with the municipal governing body.

(c) The community benefit district corporation shall comply with the public charity reporting requirements of section 8F of chapter 12.

Section 6. The real property located within a proposed community benefit district shall be considered in the fee formula for supplemental services and programs as outlined in the initial management plan, except that residential property with a homeowner eligible for a property tax exemption established by statute, local ordinance or by-law shall not be charged a fee for participating in the district.

Tax-exempt property owners in the district shall not be required to pay assessment fees, but may elect to do so. Tax-exempt property owners may also enter into a memorandum of agreement with the district management entity in lieu of, or to supplement, monetary payments and that may include contributions including: space for events, loans of equipment or vehicles, volunteers or volunteer management, staff time, programs and services to the community or another contribution deemed appropriate to support implementation of the district management plan.

The community benefit district corporation may grant a financial hardship waiver to a property owner pursuant to the waiver criteria established within the community benefit district. A waiver is not intended to be permanent, shall be requested and granted on an annual basis and shall be based upon temporary, extraordinary circumstances. The community benefit district corporation may approve in-kind contributions or services in addition to, or in lieu of, fees upon execution of a memorandum of agreement with a property owner.

Section 7. Upon formal approval of a community benefit district, the municipal governing body shall adopt the district fee structure for the financing of items submitted in the initial management plan for the community benefit district; provided, however, that the total fees assessed in any 1 year may not exceed 1/2 of 1 per cent of the sum of the assessed valuation of the real property owned by participating members in the community benefit district. The basis of a district fee may be determined by a formula utilizing at least 1 or a combination of the following methodologies:

(i) different levels for varying classifications of real property;

(ii) benefit zones;

(iii) assessed valuation;

(iv) building or parcel square footage;

(v) street frontage; or

(vi) another formula that meets the objectives of the community benefit district.

The community benefit district, through its management plan, shall have the option to limit or cap the maximum annual fee derived from individual properties or the total annual revenue generated by the community benefit district.

The initial management plan may also propose a phase-in period of not more than 3 years in which assessments increase over the stated period. The formula for determining the district fee structure shall be set forth in the original petition as required by section 3.

The community benefit district may change the formula or the assessment level set forth in the initial management plan or management plan by majority vote of its board of directors, ratified by a vote of 2/3 of the property owners that are members in the community benefit district. Not more than 30 days after amendment of the formula or assessment level, the community benefit district shall file notice of the changes with the municipal governing body, the undersecretary of housing and community development and the secretary of housing and economic development. In addition to receiving funds from the district fee, the community benefit district corporation may receive grants, donations, revenues generated from parking fees, community benefit district activities or gifts on behalf of the community benefit district.

Section 8. The collector or treasurer of the municipality may collect district fees in designated community benefit districts and disburse the funds to the community benefit district corporation. In addition to the items identified in section 3A of chapter 60, the collector or treasurer may include notices for district fees in the envelope or electronic message in which a property bill is sent. District fees collected shall be used solely to fund items to further the goals identified and approved in the initial management plan for the community benefit district. The collector or treasurer shall disburse fee revenues to the community benefit district corporation not later than 30 days after the collection of such fees, together with any interest earned on those fees.

Following establishment of the community benefit district, the fees billed by or on behalf of the community benefit district and unpaid after 30 days from the date of billing shall become a lien on the property, which shall have priority over all other liens except municipal liens and mortgages of record prior to the recording of a notice of lien, if notice of the lien is duly recorded by the community benefit district corporation in the appropriate registry of deeds or land court registry district.

Section 9. After the establishment of a community benefit district pursuant to this chapter, the district boundaries upon which the establishment was based may, upon the recommendation of the community benefit district corporation, be amended by the municipal governing body after compliance with the procedures set forth in this section.

The community benefit district corporation shall prepare a petition, consistent with the criteria described in section 3; provided, however, that if the petition concerns an amendment to expand the district, the petition shall be accompanied by signatures of the property owners who are required to pay more than 50 per cent of the assessments in the expanded area. If the petition concerns an amendment to reduce the size of the district, it shall be accompanied by signatures of the property owners who are required to pay more than 50 per cent of the assessments levied in the existing district. The municipal governing body shall hold a public hearing not more than 60 days after its receipt of a petition to amend the district boundaries. In the case of an expansion petition, written notification of the hearing shall be sent to each property owner within the proposed expansion area of the community benefit district at least 30 days before the hearing by mailing notice to the address listed in the property tax records. In the case of a reduction petition, the notice shall be sent to each property owner in the existing district. For either an expansion or reduction petition, notification of the hearing shall also be published for 2 consecutive weeks in a newspaper of general circulation in the area with the last publication being not less than 14 days before the hearing and shall be listed on the municipality's website. For an expansion petition, the public notice shall contain the proposed expanded boundaries of the community benefit district, the fee level, a summary of supplemental programs and services and where the property owner may obtain a full copy of the management plan. For a reduction petition, the public notice shall contain the proposed reduced boundaries of the community benefit district and any changes in the fee level, supplemental programs and services or other material aspects of the management plan that will occur as a result of the boundary change. Not more than 30 days after the hearing, and upon determination by the city or town clerk or designee, that the petition has met the necessary criteria, the municipal governing body may by a vote declare the district boundaries amended. Upon the adoption of an amendment to the district boundaries that increases the size of the district, owners of property to be added to the district shall be notified of the new boundaries of the district in accordance with section 4.

Section 10. A community benefit district may be dissolved by a majority vote by its board of directors, ratified by a 2/3 vote of the property owners; provided, however, that the amount of the assessment attributable to property owned by the same property owner that is in excess of 20 per cent of the amount of all assessments proposed shall not be included in the calculation; provided further, that the community benefit district shall not be dissolved until it has satisfied or paid in full its outstanding indebtedness, obligations and liabilities, until funds are on deposit and available therefore or until a repayment schedule has been formulated and approved by the municipal governing body. Upon dissolution, the community benefit district shall not incur any new or increased financial obligations. Any liabilities, either current or future, incurred as a result of action to accomplish the purposes of the management plan shall not be an obligation of the municipality. Liabilities shall be paid for entirely from revenue gained from the project or facilities authorized or from the fees on the properties in the community benefit district.

Upon the dissolution of a community benefit district, any remaining revenues derived from the sale of assets acquired with fees collected shall be refunded to the property owners in the community benefit district by applying the same formula used to calculate the fee in the fiscal year in which the community benefit district is dissolved. Nothing in this section shall prevent the filing of a subsequent petition for a similar community benefit district.
 

 

Overlay Accounts

SECTION 31.   Section 25 of chapter 59 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The overlay account may be used only for avoiding fractional divisions of the amount to be assessed, for abatements granted on account of property assessed for any fiscal year and for any interest payable on such abatements under section 64 or 69.
 

 

Domestic Violence Victims Qualification for EIC

SECTION 32.   Section 6 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subsection (h) and inserting in place thereof the following subsection:-

(h)(1) A taxpayer shall be allowed a credit against the taxes imposed by this chapter if that person qualified for and claimed the earned income credit allowed under section 32 of the Code, as amended and in effect for the taxable year. With respect to a person who is a nonresident for part of the taxable year, the credit shall be limited to 23 per cent of the federal credit multiplied by a fraction, the numerator of which shall be the number of days in the taxable year the person resided in the commonwealth and the denominator of which shall be the number of days in the taxable year. A person who is a nonresident for the entire taxable year shall not be allowed the credit. The credit allowed by this subsection shall equal 23 per cent of the federal credit received by the taxpayer for the taxable year. If other credits allowed under this section are utilized by the taxpayer for the taxable year, the credit afforded by this subsection shall be applied last. If the amount of the credit allowed under this subsection exceeds the taxpayer's liability, the commissioner shall treat the excess as an overpayment and shall pay the taxpayer the amount of the excess without interest.

(2) For the purposes of this subsection, a married taxpayer shall satisfy the joint filing requirement under section 32 of the Code if the taxpayer files an income tax return using a filing status of married filing separately and the taxpayer: (i) is living apart from the taxpayer's spouse at the time the taxpayer files the tax return; (ii) is unable to file a joint return because the taxpayer is a victim of domestic abuse; and (iii) indicates on the taxpayer's income tax return that the taxpayer meets the criteria of clauses (i) and (ii).
 

 

Veteran's Tax Credit 1

SECTION 33.   Said section 6 of said chapter 62, as so appearing, is hereby further amended by adding the following subsection:-

(u)(1) A partnership, limited liability corporation or other legal entity engaged in business in the commonwealth that: (i) is not a business corporation subject to the excise under chapter 63; (ii) employs not more than 100 employees; (iii) is certified by the commissioner of veterans' services pursuant to section 2C of chapter 115; and (iv) qualifies for and claims the Work Opportunity Credit allowed under section 51 of the Code, as amended and in effect for the taxable year, for the hiring of qualified veterans in the commonwealth, shall be allowed a credit equal to $2,000 for each qualified veteran hired by the partnership, limited liability corporation or other legal entity. For the purposes of this subsection, "qualified veteran" shall have the same meaning as under section 51(d)(3) of the Code.

(2) To be eligible for a credit under this subsection: (i) the primary place of employment and the primary residence of the qualified veteran shall be in the commonwealth and (ii) not later than the day an individual begins work, a business shall have obtained the applicable certification from the department of career services or any successor agency that the individual is a qualified veteran.

(3) The credit under this subsection shall be attributed on a pro rata basis to the owners, partners or members of the legal entity entitled to the credit under this subsection and shall be allowed as a credit against the tax due under this chapter from such owners, partners or members in a manner determined by the commissioner.

(4) A business that is eligible for and claims the credit allowed under this subsection in a taxable year with respect to a qualified veteran shall be eligible for a second credit of $2,000 in the subsequent taxable year with respect to such qualified veteran, subject to certification of continued employment during the subsequent taxable year in the manner required by the commissioner. A credit allowed under this subsection shall not be transferable or refundable. Any amount of the credit allowed under this subsection that exceeds the tax due for a taxable year may be carried forward to any of the 3 subsequent taxable years.

(5) The total cumulative value of the credits authorized pursuant to this subsection and section 38GG of chapter 63 shall not exceed $1,000,000 annually.
 

 

1099-K Notifications 1

SECTION 34.   Section 8 of chapter 62C of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 10, the words "and state in such report the amount of such income so paid by it" and inserting in place thereof the following words:- ; provided, however, that the commissioner may require additional reporting requirements that differ from those required by the federal government under the Code; and provided further, that the report shall state the amount of income paid by the payor.
 

 

Veteran's Tax Credit 2

SECTION 35.   Chapter 63 of the General Laws is hereby amended by inserting after section 38FF the following section:-

Section 38GG. (a) A business corporation with not more than 100 employees, that is certified by the commissioner of veterans' services pursuant to section 2C of chapter 115 and qualifies for and claims the Work Opportunity Credit allowed under section 51 of the Internal Revenue Code, as amended and in effect for the taxable year, for the hiring of qualified veterans in the commonwealth shall be allowed a credit against its excise due under this chapter in an amount equal to $2,000 for each qualified veteran hired by the business corporation. For the purposes of this section, "qualified veteran" shall have the same meaning as under section 51(d)(3) of the Code.

(b) To be eligible for a credit under this section: (i) the primary place of employment and the primary residence of the qualified veteran shall be in the commonwealth; and (ii) not later than the day an individual begins work, a business corporation shall have obtained the applicable certification from the department of career services or any successor agency that the individual is a qualified veteran.

(c) In the case of a business corporation that is subject to a minimum excise under this chapter, the amount of the credit allowed by this section shall not reduce the excise to an amount less than such minimum excise.

(d) A business corporation that is eligible for and claims the credit allowed under this section in a taxable year with respect to a qualified veteran shall be eligible for a second credit of $2,000 in the subsequent taxable year with respect to such qualified veteran, subject to certification of continued employment during the subsequent taxable year in the manner required by the commissioner. A credit allowed under this section shall not be transferable or refundable. Any amount of the credit allowed under this section that exceeds the tax due for a taxable year may be carried forward to any of the 3 subsequent taxable years.

(e) The total cumulative value of the credits authorized pursuant to this section and subsection (u) of section 6 of chapter 62 shall not exceed $1,000,000 annually.
 

 

Higher Ed Reciprocity 2

SECTION 36.   Chapter 69 of the General Laws is hereby amended by striking out section 31A, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-

Section 31A. An educational institution chartered, located, offering courses or otherwise doing business within the commonwealth shall not award degrees within the commonwealth unless authorized or approved to do so by the commonwealth.

An educational institution chartered, incorporated or organized in another state shall not conduct within the commonwealth courses available to residents of the commonwealth that lead to the award of a degree unless the educational institution has received the authorization of the commonwealth for such courses; provided, however, that authorization may be granted by the board of higher education through the board of higher education's participation in an interstate reciprocity agreement under section 9 of chapter 15A. The board of higher education shall be responsible for the implementation of this section.
 

 

Innovation Voucher Program

SECTION 37.   Chapter 75 of the General Laws is hereby amended by inserting after section 45B the following section:-

Section 45C. (a) There shall be established and set up on the books of the commonwealth an Innovation Voucher Program Fund into which shall be credited any appropriations designated by the general court to be credited to the fund and any monies generated for the fund through corporations or nonprofit entities. The fund shall be administered by the Massachusetts Development Finance Agency established in chapter 23G, which shall make expenditures from the fund without further appropriation to provide for an investment through a voucher program to small corporations and startup companies for cost sharing use of core facilities at the University of Massachusetts to be administered by the agency. The agency shall issue regulations to establish guidelines and eligibility criteria for participating companies. Vouchers shall provide the cost of hourly or daily use or per unit rate of the core facilities. The vouchers shall be used to advance the goals of job growth creation, innovation and economic development which may include, but shall not be limited to: the construction of prototypes, testing, and market research. The Agency's regulations shall include eligibility requirements for participating companies; provided, however, that: (i) eligible companies with the full time equivalent of not more than 10 employees may receive a voucher that covers up to 75 per cent of the cost of the rate; (ii) eligible companies with the full time equivalent of 11 to 50 employees may receive a voucher for not more than 50 per cent of the cost of the rate; and (iii) companies with 51 or more employees shall not be eligible for the voucher program. Vouchers shall not exceed more than 75 per cent of the total cost of the hourly or daily use, or per unit rate, of core facilities and shall not exceed $75,000 per year for each individual company. The regulations shall lay out a process by which the University of Massachusetts campuses shall seek quarterly reimbursements from the agency for the vouchers. For the purposes of this section "core facilities" shall be research based hardware and software that are available at a daily or hourly rate or per unit rate for use by partners of the University of Massachusetts.

(b) The Massachusetts Development Finance Agency shall annually file a report with the house and senate chairs of the joint committee on higher education and with the clerks of the house of representatives and senate detailing the vouchers awarded under this section not later than March 1.
 

 

Organ Donation 1

SECTION 38.   Section 8D of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word "chapter", in line 3, the following words:- who has not previously made an anatomical gift through the donor registry under clause (1) of subsection (a) of section 5 of chapter 113A.
 

 

Organ Donation 2

SECTION 39.   Said section 8D of said chapter 90, as so appearing, is hereby further amended by inserting after the figure "10", in line 20, the following words:- ; provided, that the registrar may include such an option on other forms issued by the registrar, including, but not limited to, forms for electronic monetary transactions, license identification, permit renewals and duplicates, non-commercial registration renewals and duplicate title forms.
 

 

Driver School License 1

SECTION 40.   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 41, 42, and 72, because they unnecessarily open the drivers' education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Driver School License 2

SECTION 41.   Said section 32G of said chapter 90, as so appearing, is hereby further amended by inserting after the word "No", in line 171, the following words:- authority established under chapter 161B and no.
 

Veto Explanation:
I am vetoing this section, and related sections 40, 42, and 72, because they unnecessarily open the drivers' education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Driver School License 3

SECTION 42.   Said section 32G of said chapter 90, as so appearing, is hereby further amending by adding the following paragraph:-

An authority established under chapter 161B and licensed pursuant to this section shall be limited to giving instruction for hire 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 40, 41, and 72, because they unnecessarily open the drivers' education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Virtual Manufacturers

SECTION 43.   Section 7 of chapter 94C of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(i) Every person who: (i) is in the business of manufacturing or distributing any controlled substances, and (ii) has a principal place of business located in the commonwealth but at no time takes physical possession of any controlled substances, shall register with the commissioner in accordance with the regulations of the department. The registration shall require the payment of a fee, the amount of which shall be determined annually pursuant to section 3B of chapter 7. The registration shall be effective for 1 year from the date of issuance.
 

 

Controlled Substance Pharmacy Practices in Contiguous States

SECTION 44.   Subsection (d1/2) of section 18 of said chapter 94C, as so appearing, is hereby amended by adding the following paragraph:-

Nothing in this subsection shall prohibit a retail pharmacy operating within the commonwealth from filling prescriptions for a narcotic substance contained in schedule II of section 3 of this chapter for patients admitted to a long-term care facility in Maine or a state contiguous with the commonwealth, provided; however, that:

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

(ii) the medications are delivered directly to the long-term care facility by a courier employed or contracted by the retail pharmacy.
 

 

BSAS Tech Change 6

SECTION 45.   Section 21 of said chapter 94C, as so appearing, is hereby amended by striking out, in line 24, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

Home Health Agency Licensure

SECTION 46.   Chapter 111 is hereby amended by inserting after section 51J the following section:-

Section 51K. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

"Home health agency", an entity or organization that provides home health services; provided, however, that ''home health agency'' shall not include an entity operated by either the federal government or the commonwealth providing home health services.

"Home health services", skilled nursing services or other therapeutic services provided in a patient's home with supervision by a physician or registered nurse.

(b) Unless otherwise expressly authorized by the department, no person shall establish, maintain, operate or hold oneself out as a home health agency without a home health agency license issued by the department and no organization or entity shall provide home health services, use the words "home health" to describe its services or establish, maintain, operate or hold itself out as a home health agency without a home health agency license issued by the department.

(c) The department shall issue for a term of 3 years, and renew for a like term, a license to maintain a home health agency to an entity or organization that demonstrates to the department that it is responsible and suitable to maintain such an agency. A home health agency license shall be subject to suspension, revocation or refusal to renew for cause. Initial application and renewal fees for the license shall be established pursuant to section 3B of chapter 7.

The department may impose a fine of up to $10,000 on a person or entity that advertises, announces, establishes, maintains or is concerned in establishing or maintaining a home health agency without a license granted by the department. The department may impose a fine of not more than $10,000 on a licensed home health agency that violates this section or any rule or regulation promulgated hereunder. Each day during which a violation continues shall constitute a separate offense. The department may conduct surveys and investigations to enforce compliance with this section.

(d) A home health agency certified for participation in either Medicare or Medicaid shall be deemed to meet the requirements of the initial licensure application and the department may approve such an application upon a finding of responsibility and suitability and that the agency meets all other licensure requirements as determined by the department. Nothing in this subsection shall limit the authority of the department to require a fee, impose a fine, conduct surveys and investigations or to suspend, revoke or refuse to renew a license pursuant to subsection (c).

(e) The department shall promulgate rules and regulations to implement this section.
 

 

BSAS Tech Change 7

SECTION 47.   Section 222 of said chapter 111 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 27, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

Public Health Data 1

SECTION 48.   Said chapter 111 is hereby further amended by adding the following section:-

Section 237. The commissioner shall collect, record and analyze data, and shall assemble and maintain data systems, necessary to analyze population health trends. The commissioner shall give priority to analyzing fatal and nonfatal opiate overdoses. The commissioner may identify and determine additional priorities for the reduction of morbidity and mortality.

Notwithstanding section 74 of chapter 6, sections 16 to 16Y, inclusive, of chapter 6A, chapter 12C, chapter 19A, chapter 46, chapter 94C, chapters 111 to 111O, inclusive, chapter 112, chapter 118E, chapter 119, chapter 120, chapter 123, and chapter 123B, the center for health information analysis and any office or agency within the executive branch shall provide, upon request from the commissioner, information necessary to conduct the analysis required by this section if the provision of such information is otherwise consistent with federal and state law. The commissioner may request from any office or agency within the judicial branch, and any such office or agency may provide, information necessary to conduct this analysis required by this section if the provision of such information is otherwise consistent with federal and state law.

The commissioner shall develop policies and procedures for the governance of such data and data systems, which shall include provisions for confidentiality and security. Information or data provided or accessed under this section shall be confidential, shall not be used to identify any individual and shall be used solely for the conduct of analysis pursuant to this section. Such information or data shall not be considered a public record, shall be exempt from disclosure under section 10 of chapter 66 and shall not be subject to subpoena or discovery or admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person. All resulting reports shall provide data in an aggregate and de-identified format.

The commissioner shall, not less than biennially, prepare and submit a report on priority public health trends. The report shall be publicly available and shall be filed with clerks of the senate and the house of representatives, the house and senate chairs of the joint committee on mental health, substance use and recovery, the house and senate chairs of the joint committee on public health and the house and senate chairs of the joint committee on health care financing.

The commissioner may promulgate regulations to implement this section.
 

 

BSAS Tech Change 8

SECTION 49.   Section 12E1/2 of chapter 112 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 2, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

Veterans' Tax Credit 3

SECTION 50.   Chapter 115 of the General Laws is hereby amended by inserting after section 2B the following section:-

Section 2C. The commissioner shall develop a comprehensive program to enhance employment opportunities and outcomes among veterans by assisting businesses to attract, hire, train and retain veterans. The program shall promote strategies for connecting employers to qualified veterans and shall include: (i) a workforce assessment and training program for participating employers; and (ii) a certification and assessment process for participating employers to set measurable goals for hiring, training and retaining veterans. The commissioner shall engage with interested stakeholders and organizations that provide services to veterans in the development of the program.
 

 

Gold Star Families 1

SECTION 51.   The third paragraph of section 6B of said chapter 115, as appearing in the 2016 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following 2 sentences:- Such payments shall be due and payable from the date of the parents' and surviving spouse's application; provided, however, that the first payment shall be retroactive to the applicant's initial date of eligibility if the deceased member or the parent or spouse making application was a resident of the commonwealth at the time of death and the parent or spouse making application is a resident of the commonwealth at the time of application. For the purposes of calculating any retroactive payment of benefits under this section, the initial date of eligibility shall be the later of: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998, in the case of parents and November 11, 2005, in the case of a spouse.
 

 

Hospital Assessment 2

SECTION 52.   Section 64 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Ambulatory surgical center services" the following definition:-

"Assessed charges", gross patient service revenue attributable to all patients less gross patient service revenue attributable to Title XVIII, XIX and XXI programs.
 

 

Hospital Assessment 3

SECTION 53.   Subsection (b) of section 66 of said chapter 118E, as so appearing, is hereby amended by striking out the first 3 sentences and inserting in place thereof the following 3 sentences:- The fund shall consist of: (i) all amounts paid by acute hospitals and surcharge payors under sections 67 and 68; (ii) all appropriations for the purpose of payments to acute hospitals or community health centers for health services provided to uninsured and underinsured residents; (iii) any transfers from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29; (iv) all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67; and (v) all property and securities acquired by and through the use of money belonging to the fund and all interest thereon. The office shall transfer $257,500,000 to the MassHealth Delivery System Reform Trust Fund established in section 2SSSS of said chapter 29 and shall transfer an amount equal to all amounts paid by privately-owned, nonfederal hospitals under said subsection (b) of said section 67 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29. The office shall expend amounts in the fund, except for amounts transferred to the Commonwealth Care Trust Fund, the MassHealth Delivery System Reform Trust Fund and the Non-Acute Care Hospital Reimbursement 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.
 

 

Hospital Assessment 4

SECTION 54.   Said subsection (b) of said section 66 of said chapter 118E is hereby further amended by striking out the second sentence, as inserted by section 53, and inserting in place thereof the following sentence:- The office shall transfer an amount equal to all amounts paid by privately-owned, nonfederal hospitals under subsection (b) of section 67 to the Non-Acute Care Hospital Reimbursement Trust Fund established in section 2WWWW of said chapter 29.
 

 

Hospital Assessment 5

SECTION 55.   Said chapter 118E is hereby further amended by striking out section 67, as so appearing, and inserting in place thereof the following section:-

Section 67. (a) An acute hospital's liability to the fund shall equal the product of: (i) the ratio of its assessed charges to all acute hospitals' assessed charges; and (ii) the total acute hospital assessment amount. Annually, before October 1, the office shall establish each acute hospital's liability to the fund using the best data available as determined by the health safety net office and shall update each acute hospital's liability to the fund as updated information becomes available. The office shall specify by regulation an appropriate mechanism for interim determination and payment of an acute hospital's liability to the fund. An acute hospital's liability to the fund shall, in the case of a transfer of ownership, be assumed by the successor in interest to the acute hospital.

(b) There shall be imposed in each fiscal year a uniform assessment upon the assessed charges of all: (i) nonpublic hospitals licensed by the department of public health under section 51 of chapter 111 but not defined as acute care hospitals under section 25B of said chapter 111; and (ii) nonpublic hospitals licensed as inpatient facilities by the department of mental health under section 19 of chapter 19 and regulations promulgated thereunder but not categorized as class VII licensees under the regulations; provided, however, that such uniform assessment shall be set as a percentage of the assessed charges of each such hospital and, for each fiscal year, the percentage shall be equal to the ratio of: (1) the total acute hospital assessment amount as defined in section 64 for the same fiscal year; to (2) the total assessed charges as defined in said section 64 of acute care hospitals in the same fiscal year and as the amount of those charges is determined by the health safety net office under this section . A non-acute hospital's liability to the fund shall, in the case of a transfer of ownership, be assumed by the successor in interest to the non-acute hospital.

(c) The office shall establish by regulation an appropriate mechanism for enforcing each hospital's liability to the fund in the event that a hospital does not make a scheduled payment to the fund.
 

 

MASAC Transfer 1

SECTION 56.   Section 35 of chapter 123 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word "Bridgewater", in line 76, the following words:- or other such facility as designated by the commissioner of correction.
 

 

MASAC Transfer 2

SECTION 57.   Said section 35 of said chapter 123 is hereby further amended by striking out the fifth paragraph, as so appearing, and inserting in place thereof the following 2 paragraphs:-

Annually, not later than February 1, the commissioner shall report on whether a facility other than the Massachusetts correctional institution at Bridgewater is being used for treatment of males under the previous paragraph and the number of persons so committed to such a facility in the previous year. The report shall be provided to the clerks of the senate and house of representatives, the chairs of the joint committee on public safety and homeland security and the chairs of the joint committee on the judiciary.

Nothing in this section shall preclude a facility, including the Massachusetts correctional institution at Bridgewater or such other facility as may be designated by the commissioner of correction, from treating persons on a voluntary basis.
 

 

Manufacturer Pouring Licenses 1

SECTION 58.   Section 19 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the word "The" and inserting in place thereof the following word:- (a) The.
 

 

Manufacturer Pouring Licenses 2

SECTION 59.   Said section 19 of said chapter 138, as so appearing, is hereby further amended by adding the following subsection:-

(b) Notwithstanding section 17, a local licensing authority, subject to the approval of the commission, may grant a license to sell alcoholic beverages for consumption on a manufacturer's premises to a manufacturer authorized to manufacture alcoholic beverages pursuant to this section; provided, however, that such a licensee may sell alcoholic beverages produced by the manufacturer for on-premises consumption.
 

 

EMAC etc. 2

SECTION 60.   Section 189 of chapter 149 of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the figure ".34" and inserting in place thereof the following figure:- .51.
 

 

EMAC etc. 3

SECTION 61.   Said section 189 of said chapter 149 is hereby further amended by striking out the figure ".51", inserted by section 60, and inserting in place thereof the following figure:- .34.
 

 

EMAC etc. 4

SECTION 62.   Said section 189 of said chapter 149, as appearing in the 2016 Official Edition, is hereby further amended by striking out, in line 50, the figure ".12" and inserting in place thereof the following figure:- .18.
 

 

EMAC etc. 5

SECTION 63.   Said section 189 of said chapter 149 is hereby further amended by striking out the figure ".18", inserted by section 62, and inserting in place thereof the following figure:- .12.
 

 

EMAC etc. 6

SECTION 64.   Said section 189 of said chapter 149, as appearing in the 2016 Official Edition, is hereby further amended by striking out, in line 54, the figure ".24" and inserting in place thereof the following figure:- .36.
 

 

EMAC etc. 7

SECTION 65.   Said section 189 of said chapter 149 is hereby further amended by striking out the figure ".36", inserted by section 64, and inserting in place thereof the following figure:- .24.
 

 

EMAC etc. 8

SECTION 66.   Said chapter 149 is hereby further amended by inserting after section 189 the following section:-

Section 189A. (a) Each employer, subject to sections 14, 14A and 14C of chapter 151A, except those who employ not more than 5 employees, shall pay a contribution for each employee who receives health insurance coverage through the division of medical assistance or subsidized insurance through the commonwealth health insurance connector authority. The contribution shall be computed by multiplying the wages the employer paid any such employee by 5 per cent. The department of unemployment assistance, in consultation with the division of medical assistance and the commonwealth health insurance connector authority, shall promulgate regulations to implement this subsection, which shall specify the number of days that an individual shall be required to receive such subsidized health care coverage to cause the assessment. The contribution shall be paid in a manner prescribed by the director of unemployment assistance.

(b) For the purposes of this section, "wages" shall mean the "unemployment insurance taxable wage base" as defined in paragraph (4) of subsection (a) of section 14 of chapter 151A; provided, however that "wages" shall not include that part of remuneration which, after remuneration equal to the unemployment insurance taxable wage base with respect to employment with such employer has been paid to an individual during the calendar year, is paid to such individual during such year. For the purposes of this paragraph, "remuneration" shall include remuneration paid to an individual during the calendar year with respect to employment with a transferring employer as that term is used in subsection (n) of section 14 of said chapter 151A.

(c) An employer notified of a liability determination under this section may request a hearing on such determination. The request for a hearing shall be filed not more than 10 days after the receipt of the notice of the determination. If a hearing is requested, the employer shall have a reasonable opportunity for a fair hearing before an impartial hearing officer designated by the director of unemployment assistance. The hearing shall be conducted in accordance with subsection (b) of section 39 of chapter 151A. Following the hearing, an aggrieved party may appeal the decision to superior court.

(d) (1) Except where inconsistent with this section, the terms and conditions of chapter 151A that are applicable to the payment and collection of contributions or payments in lieu of contributions shall apply to the same extent to the payment of and the collection of the contribution under this section; provided, however, that such contributions shall not be credited to the employer's account or to the solvency account established under section 14, 14A or 14C of said chapter 151A.

(2) The director of unemployment assistance may share information with the commissioner of revenue to enforce and collect the contribution under this section. The commissioner of revenue may enforce and collect a debt certified by the director as owed under this section in the manner as a tax due and unpaid under chapter 62C; provided, however, that the procedures authorized in subsection (c) shall be the sole remedies for an employer to dispute a debt so certified and remedies otherwise available under said chapter 62C to dispute a tax assessment shall not be available. Notwithstanding any general or special law to the contrary, for the purposes of enforcement of this section the commissioner of revenue may disclose to the department of unemployment assistance any information referred to in chapter 62E or any information relating to the commissioner's collection activities under chapter 62C with regard to debts certified by the director.

(e) Data collected by the department of unemployment insurance, the department of revenue, the division of medical assistance and the commonwealth health insurance connector authority under this section shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66. The department of unemployment insurance, the department of revenue, the division of medical assistance and the commonwealth health insurance connector authority may share information to implement this section.
 

 

EMAC etc. 9

SECTION 67.   Section 189A of said chapter 149 is hereby repealed.
 

 

Minimum Wage Exemption 1

SECTION 68.   Section 2 of chapter 151 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out the word "or", in line 31, and inserting in place thereof the following words:- work by seasonal camp counselors and counselor trainees or.
 

 

Minimum Wage Exemption 2

SECTION 69.   Section 7 of said chapter 151, as so appearing, is hereby amended by striking out, in lines 22 to 24, inclusive, the words "learners and apprentices, except for seasonal camp counselors and counselor trainees, and except for ushers" and inserting in place thereof the following words:- learners, apprentices and ushers.
 

 

MassDOT/MBTA Cost Recovery 2

SECTION 70.   Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by inserting after the word "estate", in line 15, the following words:- that is determined by the authority to have a fair market value of equal to or greater than $50,000.
 

 

MBTA Competitive Bidding 2

SECTION 71.   Subsection (b) of said section 5 of said chapter 161A, as so appearing, is hereby amended by adding the following sentence:- If the authority determines that it shall sell or otherwise dispose of real property with a fair market value of less than $50,000, the authority shall declare the property available for disposition and shall specify the restrictions, if any, placed on the subsequent use of the property.
 

 

Driver School License 4

SECTION 72.   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 in the operation of commercial motor vehicles under section 32G of chapter 90 designed to promote participation from low income, underemployed and unemployed persons.
 

Veto Explanation:
I am vetoing this section, and related sections 40, 41, and 42, because they unnecessarily open the drivers' education market to quasi-public, government-subsidized entities that would compete with existing small businesses.

 

Utility-Owned Solar Generation

SECTION 73.   Section 1A of chapter 164 of the General Laws, as so appearing, is hereby amended by striking out, in line 211, the figure "2017" and inserting in place thereof the following figure:- 2019.
 

 

MLP Contract Procurement Thresholds 1

SECTION 74.   Section 56D of said chapter 164, as so appearing, is hereby amended by striking out, in line 3, the figure "$25,000" and inserting in place thereof the following figure:- $50,000.
 

 

MLP Contract Procurement Thresholds 2

SECTION 75.   Said section 56D of said chapter 164, as so appearing, is hereby further amended by striking out, in line 5, the figure "$25,000" and inserting in place thereof the following figure:- $50,000.
 

 

Auto Insurance Rates 1

SECTION 76.   Chapter 175 of the General Laws is hereby amended by inserting after section 113B the following section:-

Section 113B1/2. For an at-fault accident claim, a minor accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $1,000 but is not more than $5,000 under: (i) property damage liability coverage; (ii) collision coverage; (iii) limited collision coverage; (iv) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (v) as a result of an accident with a bodily injury liability coverage claim. For an at-fault accident claim, a major accident shall be an accident for which the claim payment, exclusive of any deductible, exceeds $5,000 under: (A) property damage liability coverage; (B) collision coverage; (C) limited collision coverage; (D) for accidents occurring on or after January 1, 2006, bodily injury liability coverage if there is neither a surchargeable property damage liability coverage claim nor a surchargeable collision coverage claim; or (E) as a result of an accident with a bodily injury liability coverage claim. No motor vehicle liability policy, as defined by section 34A of chapter 90, shall apply an increase in premium as a result of an at-fault accident that does not satisfy the criteria for a minor or major accident. For purposes of this section, "premium" shall mean the cost of a policy, or coverage within a policy, to an individual policyholder based on the particular drivers and motor vehicles insured under the policy.
 

 

Auto Insurance Rates 2

SECTION 77.   Subsection (d) of section 4 of chapter 175E of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following sentence:- For motor vehicle insurance rates, no increase in premium charges shall be applied due to an at-fault accident that does not satisfy the criteria for a minor or major accident as defined by section 113B1/2 of chapter 175.
 

 

Housing Court Expansion 1

SECTION 78.   Section 1 of chapter 185C of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The housing court department established pursuant to section 1 of chapter 211B shall include: (i) a western division consisting of the municipalities in Berkshire, Franklin, Hampden and Hampshire counties; (ii) a central division consisting of the municipalities in Worcester county and the municipalities of Ashland, Framingham, Holliston, Hopkinton, Hudson, Marlborough, Natick, Sherborn, Sudbury and Wayland; (iii) a northeastern division consisting of the municipalities in Essex county and the municipalities of Acton, Ashby, Ayer, Bedford, Billerica, Boxborough, Burlington, Carlisle, Chelmsford, Concord, Dracut, Dunstable, Everett, Groton, Lexington, Lincoln, Littleton, Lowell, Malden, Maynard, Melrose, North Reading, Pepperell, Reading, Shirley, Stoneham, Stow, Tewksbury, Townsend, Tyngsborough, Wakefield, Waltham, Watertown, Westford, Weston, Wilmington, Winchester and Woburn and the jurisdiction known as Devens established in chapter 498 of the acts of 1993; (iv) a southeastern division consisting of the municipalities in Barnstable, Bristol and Nantucket counties and the county of Dukes County and the municipalities of Carver, Duxbury, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Middleborough, Norwell, Pembroke, Plymouth, Plympton, Rochester, Rockland, Scituate and Wareham; (v) a metro south division consisting of the municipalities in Norfolk county, except Brookline, and the municipalities of Abington, Bridgewater, Brockton, East Bridgewater, West Bridgewater and Whitman; and (vi) an eastern division consisting of the municipalities in Suffolk county and the municipalities of Arlington, Belmont, Brookline, Cambridge, Medford, Newton and Somerville.
 

 

Housing Court Expansion 2

SECTION 79.   Said chapter 185C is hereby further amended by striking out section 4, as so appearing, and inserting in the place thereof the following section:-

Section 4. The western division of the housing court department shall hold its sittings in the city of Springfield in Hampden county and at least 1 sitting each week in courthouse facilities in Berkshire, Franklin and Hampshire counties. The court, with the consent of the chief justice of the trial court, shall also sit in any other courthouse facilities as the chief justice of the housing court may consider expedient or convenient.

The eastern division of the housing court department shall hold at least 1 sitting each week in Suffolk county and at least 1 sitting each week in Middlesex county. The court, with the consent of the chief justice of the trial court, shall also sit in any other courthouse facilities as the chief justice of the housing court department may consider expedient or convenient.

The central division of the housing court department shall hold at least 1 sitting each week in the city of Worcester, at least 1 sitting each week in Middlesex county, at least 1 sitting each week in northern Worcester county and at least 1 sitting each week in southern Worcester county. The court, with the consent of the chief justice of the trial court, shall also sit in any other courthouse facilities as the chief justice of the housing court department may consider expedient or convenient.

The northeastern division of the housing court department shall hold at least 2 sittings each week in Essex county and at least 2 sittings each week in Middlesex county. The court, with the consent of the chief justice of the trial court, shall also sit in any other courthouse facilities as the chief justice of the housing court department may consider expedient or convenient.

The southeastern division of the housing court department shall hold at least 3 sittings each week in Bristol county, at least 1 sitting each week in Plymouth county and at least 1 sitting each week in Barnstable county. The court, with the consent of the chief justice of the trial court, shall also sit in any other courthouse facilities as the chief justice of the housing court department may consider expedient or convenient.

The metro south division of the housing court department shall hold at least 1 sitting each week in Norfolk county and at least 1 sitting each week in Plymouth county. The court, with the consent of the chief justice of the trial court, shall also sit in any other courthouse facilities as the chief justice of the housing court department may consider expedient or convenient.
 

 

Housing Court Expansion 3

SECTION 80.   Section 8 of said chapter 185C, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be 2 justices appointed for the western division, 2 justices appointed for the eastern division, 2 justices appointed for the central division, 2 justices appointed for the northeastern division, 2 justices appointed for the southeastern division, 2 justices appointed for the metro south division and 3 circuit justices who shall sit in any of the divisions as determined by the chief justice of the housing court department.
 

 

Housing Court Expansion 4

SECTION 81.   Section 1 of chapter 211B of the General Laws, as so appearing, is hereby amended by striking out, in line 7, the figure "378" and inserting in place thereof the following figure:- 383.
 

 

Housing Court Expansion 5

SECTION 82.   Section 2 of said chapter 211B, as so appearing, is hereby amended by striking out, in line 2, the figure "10" and inserting in place thereof the following figure:- 15.
 

 

BSAS Tech Change 9

SECTION 83.   Section 16 of said chapter 211B, as so appearing, is hereby amended by striking out, in line 24, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

BSAS Tech Change 10

SECTION 84.   Section 4 of chapter 211D of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word "abuse" and inserting in place thereof the following word:- addiction.
 

 

Social Worker Identification

SECTION 85.   Section 20N of chapter 233 of the General Laws, as so appearing, is hereby amended by adding the following 3 subsections:-

(c) Each social worker employed by the department of children and families shall be provided with a state-issued identification card showing the name and position of the worker and containing a recent picture. In performing any of the social worker's duties, the social worker shall display the identification card and such card shall be accepted as proof of the social worker's identity unless the person to whom it is displayed has a good faith basis for denying its authenticity.

(d) No person, facility, school or law enforcement agency, jail or house of correction shall require a social worker employed by the department of children and families to provide, in connection with the performance of the social worker's duties: (i) documentation including, but not limited to, a driver's license, other than the state-issued identification card described in subsection (c); or (ii) the social worker's home address or personal telephone number.

(e) The home address and personal telephone number of a social worker employed by the department of children and families shall be redacted from law enforcement agency reports before such reports are released to any person.
 

 

Veterans Service Payments

SECTION 86.   Section 16 of chapter 130 of the acts of 2005, as appearing in section 4 of chapter 167 of the acts of 2005, is hereby further amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a)(1) Upon application, as provided in this section, there shall be allowed and paid out of the treasury of the commonwealth, without appropriation, the sums specified in this section to each person who has served in the armed forces of the United States in active service as part of Operation Enduring Freedom, Operation Iraqi Freedom, Operation Noble Eagle, Operation Inherent Resolve, Operation Freedom Sentinel or any successor or related operation and who was discharged or released under honorable conditions for such service; provided, however, that the domicile of a person on account of whose service the application is filed shall have been in the commonwealth for a period of not less than 6 months before the time of the person's entry into the service.

(2) One thousand dollars shall be allowed and paid out to each such veteran who performed active service outside of the continental limits of the United States for which the veteran qualified for hostile fire or imminent danger pay as determined by the United States Department of Defense.

(3) Five hundred dollars shall be allowed and paid out to each such veteran who performed active duty within the continental limits of the United States or outside the continental limits of the United States but did not qualify for hostile fire or imminent danger pay as determined by the United States Department of Defense for a period of not less than 6 months.
 

 

Massachusetts Bay Community College

SECTION 87.   Item 7066-8000 of section 2 of chapter 258 of the acts of 2008, as amended by section 5 of chapter 237 of the acts of 2014, is hereby further amended by striking out, in line 68, the word "at" and inserting in place thereof the following words:- in the city of Framingham for.
 

 

Essex Aggie Reverter

SECTION 88.   The second sentence of subsection (c) of section 22 of chapter 237 of the acts of 2014, as amended by section 126 of chapter 219 of the acts of 2016, is hereby further amended by adding the following words:- ; provided, however, that any future lease or other agreement shall be subject to chapter 7C of the General Laws.
 

 

Taskforce Against Child Sexual Abuse

SECTION 89.   The last sentence of the last paragraph of chapter 431 of the acts of 2014, as appearing in section 35 of chapter 119 of the acts of 2015, is hereby further amended by striking out the words "June 30, 2017" and inserting in place thereof the following words:- December 31, 2018.
 

 

Homeless Student Transportation Commission 1

SECTION 91.   Subsection (a) of section 190 of chapter 133 of the acts of 2016 is hereby amended by adding the following sentence: - The commission shall be chaired by the secretary of education or a designee.
 

 

Homeless Student Transportation Commission 2

SECTION 92.   Subsection (c) of said section 190 of said chapter 133 is hereby amended by striking out the words "July 1, 2017" and inserting in place thereof the following words: - "December 31, 2018".
 

 

EMAC etc. 10

SECTION 93.   Notwithstanding section 14 of chapter 151A of the General Laws, for calendar year 2018 the experience rate of an employer qualifying under subsection (b) of said section 14 of said chapter 151A shall be the rate which appears in the column designated "D" of paragraph (1) of subsection (i) of said section 14 of said chapter 151A and for calendar year 2019 the experience rate of an employer qualifying under said subsection (b) of said section 14 of said chapter 151A shall be the rate which appears in the column designated "E" of said paragraph (1) of said subsection (i) of said section 14 of said chapter 151A.

The director of unemployment assistance may, notwithstanding any federal interest charges for necessary federal advances, pursue any necessary federal advances to ensure the lowest reasonable federal interest for any federal loans and nothing in this section shall contribute or allow for a reduction in benefits, including but not limited to, the amount or length of benefits, pursuant to chapter 151A.
 

 

Sales Tax Modernization: Timing Change 1

SECTION 94.   (a) As used in this section, the following words shall, have the following meanings unless the context clearly requires otherwise:-

"Third party payment processor", any person or entity engaged in the business of remitting payments to vendors or operators under chapters 64G, 64H, 64or 64L of the General Laws, in association with credit card, debit card, or similar payment arrangements that compensate the vendor or operator in transactions subject to the excise under said chapters.

"Vendor or operator", a business, with a number of employees to be determined by the commissioner, that is required to file a return under section 16 of chapter 62C of the General Laws.

(b) The commissioner of revenue shall promulgate regulations in accordance with section 2 of chapter 30A, including the requirements that a public hearing be held and that a small business impact statement be filed, to implement methods to effectuate accelerated sales tax remittance, identify noncompliant vendors, operators, and third party payment processors, and to ensure that the excise under chapter 64G, 64H, 64or 64L of the General Laws is collected and remitted. The regulations shall ensure, at a minimum, that: (i) any vendor or operator, when seeking payments from or through a third party payment processor, separately identifies tax amounts charged in association with the excise under said chapter 64G, 64H, 64or 64L and non-tax amounts for which payment is sought; (ii) any third party payment processor, upon receiving a request for payment from a vendor or operator, shall directly pay the identified tax portion of such request to the commissioner, at substantially the same time that any non-tax balance is paid to the vendor or operator, the frequency of which shall be determined by the commissioner; (iii) third party payment processors report total payments made to the commissioner on a monthly return, which shall identify each vendor or operator to whom payments were made during the month as well as the amount of tax paid to the commissioner during the month in association with transactions with each such vendor or operator; and (iv) third party payment processors report, on a monthly basis, to each vendor or operator with whom they conduct business, the total tax remitted to the commissioner with respect to transactions of the particular vendor or operator during the monthly period. In developing the regulations, the commissioner shall consider the impact of the implementation of the methods described in this subsection, including, but not limited to, consideration of the following: (i) established industry practices; (ii) technological feasibility; (iii) financial impacts on consumers and businesses; (iv) the fiscal impact on the commonwealth; (v) relevant federal or state laws and regulations; and (vi) limitations on applicability to mobile telecommunications services, as defined by section 1 of chapter 64H, and telecommunications services, as defined by said section 1 of said chapter 64H.

(c) Tax amounts paid to the commissioner by a third party payment processor in association with the processing of transactions of a particular vendor or operator during the month shall be available as a credit to the vendor or operator in the filing of returns showing tax due under chapter 64G, 64H, 64or 64L, as applicable.
 

 

Sales Tax Modernization: Timing Change 2

SECTION 95.   Notwithstanding section 94, if the commissioner of revenue certifies that the method under said section 94 is not cost-effective to implement before June 1, 2018, the department of revenue shall record as revenue in fiscal year 2018 sales tax revenue collected by vendors and operators required to file a return under section 16 of chapter 62C on account of June 2018 sales but remitted to and received by the department in July 2018, in the amount that otherwise would have been collected in fiscal year 2018 under said section 94. Notwithstanding any general or special law, rule, regulation or accounts receivable policy to the contrary, the comptroller shall record in fiscal year 2018 such revenue in the state accounting system and in the statutory basis financial report required by section 12 of chapter 7A of the General Laws. If the commissioner so certifies, no further action shall be taken to implement the method under section 94. The commissioner shall submit its determination under this section to the clerks of the senate and house of representatives, the senate and house chairs of the joint committee on revenue and the chairs of the senate and house committees on ways and means not later than November 1, 2017.
 

 

Trial Court Transferability

SECTION 96.   Notwithstanding clause (xiii) 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, 2018, inclusive, transfer funds from any item of appropriation within the trial court of the commonwealth; 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 97.   (a) Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0015 and 0699-9100 shall be deposited into the State Retiree Benefits Trust Fund established pursuant to section 24 of chapter 32A of the General Laws before the certification of the fiscal year 2018 consolidated net surplus pursuant to section 5C of chapter 29 of the General Laws. The amount deposited shall be an amount equal to 10 per cent of all payments received by the commonwealth in fiscal year 2018 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 2018 the unexpended balances of said items 0699-0015 and 0699-9100 are less than 10 per cent of all payments received by the commonwealth in fiscal year 2018 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 payment percentage set forth in section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2018.
 

 

LTC Facility Construction Requirements

SECTION 98.   (a) Notwithstanding any general or special law to the contrary, facilities licensed pursuant to section 71 of chapter 111 of the General Laws and constructed on or before March 19, 1968, shall be subject to the construction and equipment requirements for long-term care facilities specified in 105 CMR 150.017 (B)(1) to 105 CMR 150.017(16)(e), inclusive, and codified in the Code of Massachusetts Regulations effective January 1, 2017; provided, however, that new construction, conversions, alterations, additions or other structural changes in a proposed or existing facility shall conform to the department's most current standards of construction.

(b) For facilities licensed pursuant to section 71 of chapter 111 of the General Laws, resident rooms shall accommodate not more than 4 residents; provided, however, that facilities that receive approval of construction or reconstruction plans by the department of public health or local authorities for plans directly impacting resident rooms or that are newly certified for participation in the Medicare or Medicaid programs on or after November 29, 2016, resident rooms shall accommodate no more than 2 residents. Any limitation to the number of residents accommodated in resident rooms under this section shall only apply to those rooms directly impacted by the construction or reconstruction.

(c) Notwithstanding subsections (a) and (b), the department of public health shall not enact resident room requirements that are more restrictive than the requirements specified in the federal requirements of participation for states and long term care facilities pursuant to chapter 42 CFR 483.
 

Veto Explanation:
I am vetoing this section because building, life safety and health care quality standards for long term care facilities continually evolve and exemptions to quality and safety standards should not be codified into the General Laws. My Administration is working with the affected stakeholders to promulgate prudent regulations, which recognizes the age of physical plants and prioritizes patient safety.

 

Health Safety Net Administration

SECTION 99.   Notwithstanding any general or special law to the contrary, payments from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws may be made either as safety net care payments under the commonwealth's waiver pursuant to section 1115 of the federal Social Security Act, 42 U.S.C 1315, or as an adjustment to service rate payments pursuant to Title XIX of the Social Security Act or a combination of both. Other federally permissible funding mechanisms available for certain public service hospitals, as defined by regulations of the executive office of health and human services, may be used to reimburse up to $20,000,000 of uncompensated care pursuant to sections 66 and 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund.
 

 

Nursing Facility Assessment

SECTION 100.   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 2018 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).
 

 

Nursing and Resident Care Facility Base Year

SECTION 101.   Notwithstanding any general or special law to the contrary, nursing facility and resident care facility rates effective October 1, 2017, pursuant to 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.
 

 

MassHealth Dental Coverage

SECTION 102.   Notwithstanding any general or special law to the contrary, for fiscal year 2018, the executive office of health and human services may determine, subject to all required federal approvals, 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 for adults enrolled in MassHealth shall be covered at least to the extent they were covered as of January 1, 2017; 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.
 

 

Inspector General's Health Care Audits

SECTION 103.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2018, 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 hospitals including, but not limited to, the care of the uninsured and the resulting free charges. The unit shall also study and review the Medicaid program under said chapter 118E including, but not limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the chairs of the senate and house committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2018.
 

 

Community Hospital Reinvestment Expenditures

SECTION 104.   Notwithstanding any general or special law to the contrary, up to $17,000,000 may be expended from the Community Hospital Reinvestment Trust Fund established in section 2TTTT of chapter 29 of the General Laws to enhance the ability of eligible hospitals to improve or continue health care services that benefit the uninsured, underinsured, or MassHealth populations; provided however, that the executive office of health and human services shall maximize federal reimbursements for state expenditures made to these providers; provided further, that such expenditures may include up to $17,000,000 for fiscal year 2017.
 

 

Transfers between Health Funds

SECTION 105.   Notwithstanding any general or special law to the contrary, the executive office of administration and finance may transfer up to $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.
 

 

Commonwealth Care Trust Fund Transfer

SECTION 106.   Notwithstanding any general or special law to the contrary, the comptroller shall transfer up to $185,000,000 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.
 

 

FY 2017 Consolidated Net Surplus

SECTION 107.   Notwithstanding any general or special law to the contrary, before 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 2017 as follows: (i) 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; and (ii) 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.
 

 

Unexpended Trust Fund expenditures

SECTION 108.   Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer $20,000,000 to the General Fund from the unexpended balances of a fund, trust fund or other separate account, in existence on April 1, 2018, whether established administratively or by law, including a separate account established under section 6 of chapter 6A of the General Laws. The request shall certify that the secretary, in consultation with the comptroller, has determined this balance not to be necessary for the purposes for which it was made available. The secretary and comptroller shall report to the house and senate committees on ways and means 45 days prior to any such transfer; provided, however, that the comptroller may submit to the house and senate committees on ways and means not later than October 1, 2017, an alternative plan to further maximize revenue generation from additional trust fund balance transfers to the General Fund.
 

 

Fiscal Year 2018 Capital Gains

SECTION 109.   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 pursuant to section 5G of chapter 29 of the General Laws shall be $1,219,790,736 during fiscal year 2018.
 

 

EMAC etc. 11

SECTION 110.   Notwithstanding any general or special law to the contrary, the comptroller shall count as revenue in fiscal year 2018 any increased contributions collected pursuant to sections 60, 62, 64, and 66 that are received by the commonwealth not later than August 31, 2018.
 

 

EMAC etc. 12

SECTION 111.   Notwithstanding any general or special law to the contrary, the comptroller shall count as revenue in fiscal year 2019 any increased contributions collected pursuant to sections 60, 62, 64, and 66, that are received by the commonwealth between September 1, 2018 and August 31, 2019.
 

 

Contaminated Shellfish Transplant

SECTION 112.   Notwithstanding any general or special law to the contrary, the division of marine fisheries shall determine a fee per bag for contaminated shellfish to be paid to a city or town whose coastal waters contain shellfish, as defined in section 1 of chapter 130 of the General Laws, that have been: (i) removed or taken from areas declared be contaminated by the division pursuant to section 74 of said chapter 130; and (ii) transplanted to a receiving city or town for cleaning and purification in clean water. The fee, as determined by the division, shall be assessed on a city or town receiving transplanted contaminated shellfish for cleaning and purification on a per bag basis. The city or town receiving transplanted contaminated shellfish shall pay the fee, as assessed and determined by the division under this section, to a city or town whose coastal waters contained the contaminated shellfish that were removed and transplanted to a receiving city or town.
 

 

Statewide Financial Literacy for Elders

SECTION 113.   Notwithstanding any general or special law to the contrary, there shall be a special legislative commission established to study and develop a statewide financial literacy program on personal financial management to be offered to senior citizens in the commonwealth. The focus of the commission shall be to provide a universal program for the purpose of teaching senior citizens how to best manage their personal finances, maintain their financial independence and avoid financial exploitation. The course shall include materials on the use of computers and smart phones relative to personal financial management and shall assist participating senior citizens in the program on how to best utilize technology to aid to their personal financial management.

The commission shall consist of the house and senate chairs of the joint committee on elder affairs, who shall be the co-chairs; the house and senate chairs of the joint committee on education or their designees; the speaker of the house of representatives or a designee; the president of the senate or a designee; the house minority leader or a designee; the senate minority leader or a designee; the state treasurer or a designee; the secretary of elder affairs or a designee; the secretary of health and human services or a designee; 2 representatives of the council on aging; and 2 residents of the commonwealth who are 65 years or older.

The commission shall submit its finalized proposal for the senior financial literacy program, along with any recommendations, to the house and senate committees on ways and means, the joint committee on elder affairs, the joint committee on education and the clerks of the house of representatives and the senate by February 1, 2018.
 

 

RGGI Auction Trust Expenditures

SECTION 114.   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 not less than 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; provided further, that not later than December 31, 2017, 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 committees on ways and means and the senate and house chairs of the joint committee on telecommunications, utilities and energy detailing: (i) the need for these reimbursements and the impact on the municipality of receiving them; and (ii) a plan demonstrating how the municipality may reasonably address the fiscal impact of not receiving reimbursements in the future; and provided further, that a payment shall not be made to a municipality that has failed to comply, by the date specified, with clauses (i) and (ii). 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.
 

 

Connector Premium Sharing Feasibility Study

SECTION 115.   Notwithstanding any general or special law to the contrary, the commonwealth health insurance connector authority, in consultation with the office of Medicaid, shall provide a report on the feasibility of establishing a small employer premium sharing plan for the coverage of nondisabled, nonelderly adult individuals with an income of not more than 138 percent of the federal poverty level, and their dependents, if any, eligible for participation in the MassHealth program. The commonwealth health insurance connector authority shall investigate: (i) a method for establishing a shared premium plan for small employers to assist in the costs of coverage for employees covered through the MassHealth program; (ii) any required federal approval and process, if applicable; (iii) employer interest in offering or participating in a premium sharing plan; (iv) opportunities to expand the plan to individuals eligible for coverage through the commonwealth health insurance connector authority; and (v) opportunities to expand the plan to other employers. The commonwealth health insurance connector authority shall file its report with the clerks of the senate and house of representatives, the senate and house chairs of the joint committee on health care financing and the chairs of the house and senate committees on ways and means not later than October 1, 2018.
 

 

Gaming Beverage License

SECTION 116.   Notwithstanding any general or special law or regulation to the contrary, in issuing a gaming beverage license pursuant to section 26 of chapter 23K of the General Laws, the Massachusetts gaming commission shall describe the scope of the particular license and any restrictions and limitations, provided, however, that a gaming beverage license may permit the sale or distribution of alcoholic beverages beyond the hour of 2 a.m. only to patrons who are actively engaged in gambling as defined in section 2 of said chapter 23K; and provided, further, that a gaming beverage license shall not permit the sale or distribution of alcoholic beverages between the hours of 4 a.m. and 8 a.m.
 

 

Pension Cost of Living Adjustment

SECTION 117.   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 that 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 of retired teachers, including any other obligation that the commonwealth has assumed on behalf of a 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. The payments under this section shall be made only pursuant to distribution of money from the Commonwealth's Pension Liability 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 chairs of the senate and house committees on ways and means and the chairs of 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. 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 said section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.
 

 

EEC Surplus and Rates

SECTION 118.   Unexpended funds appropriated for item 3000-4060 in fiscal year 2017 shall not revert but shall be transferred to items 3000-1042 , 3000-3060 and 3000-4060 in fiscal year 2018 to: (i) institute 12-month eligibility authorization, (ii) increase infant and toddler rates in family child care and center-based programs to not less than 50 per cent of the statewide average for such programs, (iii) provide a rate increase of not less than 6 per cent for center-based subsidized early education and care providers, and (iv) maintain income eligible voucher access; provided, that if the fiscal year 2017 surplus is insufficient to fully implement clauses (i) through (iv), inclusive, of this section, the department of early education and care shall prorate available funds to implement said clauses; provided however, that the commissioner of early education and care shall report to the house and senate committees on ways and means on the transfer and use of such unexpended funds; provided further, that the department of early education and care shall report to the house and senate committees on ways and means, not later than February 1, 2018, on any anticipated surpluses in said items 3000-3060 and 3000-4060.
 

 

Special Needs Programs Out-of-District Tuition

SECTION 119.   Notwithstanding any general or special law to the contrary, the bureau of purchased services in the operational services division shall determine prices for programs under chapter 71B of the General Laws in fiscal year 2018 by increasing the final fiscal year 2017 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief pursuant to 808 CMR 1.06(4). The division shall accept applications for program reconstruction and special circumstances in fiscal year 2018. The division shall authorize the annual price for out-of-state purchasers requested by a program, not to exceed a maximum price determined by the bureau, by identifying the most recent price calculated for the program and applying the estimated rate of inflation for each year, as determined by the bureau under 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.
 

 

Gold Star Families 2

SECTION 120.   Notwithstanding any general or special law to the contrary, parents who became eligible for an annuity under section 6B of chapter 115 of the General Laws on or after July 1, 1998 and surviving spouses who became eligible for an annuity under said section 6B of said chapter 115 on or after November 11, 2005 and who currently receive payments under said section 6B of said chapter 115 shall be eligible for a retroactive benefit payment if the initial application filed under said section 6B of said chapter 115 was filed more than 1 year after the date of death of the member of the armed forces of the United States. The retroactive payment shall equal $2,000 for each year between the date of the initial application filed under said section 6B of said chapter 115 and the later of either: (i) the date of death of the member of the armed forces of the United States; or (ii) July 1, 1998 in the case of parents and November 11, 2005 in the case of a spouse. In order to be eligible for the retroactive payment of benefits under this section, the member of the armed forces of the United States or the parent or spouse seeking retroactive payment shall have been a resident of the commonwealth at the time of death of the member and the parent or spouse seeking retroactive payment shall be a resident of the commonwealth at the time of application for retroactive payment.
 

 

Initial Gross Payments to Qualifying Acute Care Hospitals

SECTION 121.   Notwithstanding any general or special law to the contrary, the comptroller, without further appropriation and not later than October 1, 2017, 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 this act to make initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2017. The payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund, not later than June 30, 2018, 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.
 

 

EMAC etc. 13

SECTION 122.   Notwithstanding the repeal of section 189A of chapter 149 of the General Laws, the director of unemployment assistance may collect any outstanding contributions established pursuant to said section 189A of said chapter 149 obligations arising prior to January 1, 2020 and any such collection shall be conducted in accordance with the regulations promulgated by the department of unemployment assistance pursuant to said section 189A of said chapter 149. The director of unemployment assistance may share information with the commissioner of revenue to enforce and collect outstanding contributions. The commissioner of revenue may enforce and collect a debt certified by the director as owed under this section in the manner of a tax due and unpaid under chapter 62C of the General Laws; provided, however, that the remedies authorized by the regulations of the department of unemployment assistance shall be the sole remedies for an employer to dispute a debt so certified, and remedies otherwise available under said chapter 62C to dispute a tax assessment shall not be available. Notwithstanding any general or special law to the contrary, for the purposes of enforcement of this section the commissioner of revenue may disclose to the department of unemployment assistance any information referred to in chapter 62E of the General Laws or any information relating to the commissioner's collection activities under said chapter 62C with regard to debts certified by the director.
 

 

MDFA Reporting

SECTION 123.   The Massachusetts Development Finance Agency established in chapter 23G of the General Laws shall file the allocation of Agency debt obligations for its corporate purposes required pursuant to section 29 of said chapter 23G of the General Laws for fiscal year 2018 with the clerks of the senate and house of representatives not later than September 15, 2017 and annually thereafter, not later than July 1, pursuant to said section 29 of said chapter 23G of the General Laws.
 

 

Innovation Voucher Program Reporting

SECTION 124.   The Massachusetts Development Finance Agency established by chapter 23G of the General Laws shall promulgate regulations for the voucher program for core facilities established pursuant to section 45C of chapter 75 of the General Laws on or before October 1, 2017.
 

 

1099-K Notifications 2

SECTION 125.   The commissioner of revenue shall issue a report on the use of its authority to add reporting requirements pursuant to section 8 of chapter 62C of the General Laws. The report shall detail and provide an explanation for any changes made to the reporting requirements that differ from those required by the federal government and shall state the financial impact to the commonwealth of such additional reporting requirements. The report shall be filed with the clerks of the senate and house of representatives, the chairs of the joint committee on revenue and the chairs of the senate and house committees on ways and means not later than March 15, 2018.
 

 

Minimum Education Hours Study

SECTION 126.   The executive office of education established by section 2 of chapter 6A of the General Laws shall study the feasibility of allowing school committees to maintain a minimum number of instructional hours substituted for the minimum number of days as required by the board of education. As part of the study, the executive office of education shall determine cost savings associated with an instructional hours based system including, but not limited to, energy costs, administrative costs and transportation costs. A report of the study, together with recommendations for legislation, shall be filed with the clerks of the senate and the house of representatives on or before June 1, 2018.
 

 

Rural School Districts

SECTION 127.   The department of elementary and secondary education shall conduct a feasibility study relative to establishing a formula for aid to be distributed to rural school districts. The formula shall include, but not be limited to, such criteria as total student enrollment, density of student enrollment per square mile, per capita income and other factors pertaining to rural school district funding. The department shall report the results of the study to the chairs of the joint committee on education, the house and senate chairs of the committees on ways and means and the rural policy advisory commission, established in section 66 of chapter 23A of the General Laws, on or before January 1, 2018.
 

 

Child Welfare Reporting Task Force

SECTION 128.   There shall be a task force on child welfare data reporting. The task force shall develop basic data measures, progress measures and key outcome measures to inform the legislature and the public about the status and demographics of the caseload of the department of children and families, the department's progress in achieving child welfare goals, including safety, permanency and well-being, the status of proceedings in the juvenile court department that involve children in the department's caseload and the status of children who are or have been involved in both the child welfare and juvenile justice systems.

The task force shall develop criteria for measuring outcomes for children and families in the key child welfare domains of safety, permanency and well-being for children including, but not limited to, the outcomes of: (i) protecting children from abuse and neglect; (ii) safely maintaining children in their own homes whenever possible and appropriate; (iii) achieving stability and permanency for children in their living situations; (iv) preserving the continuity of family relationships; (v) enhancing the capacity of families to provide for the needs of children; (vi) ensuring that children receive appropriate services to meet their educational needs; (vii) ensuring that children receive the services necessary to meet their physical and mental health needs; (viii) achieving permanency and opportunity for young adults; (ix) complying with timeframes and deadlines for court hearings; and (x) minimizing the incidence of juvenile justice system involvement for children involved with the department of children and families.

The task force shall also make recommendations to: (i) ensure that department of children and families' annual, biannual and quarterly reports include appropriate data measures that are clearly defined, placed in the context of historical or other comparative data when necessary to convey the meaning of the reported data and include the department's current understanding as to why certain trends may be appearing in the data; (ii) eliminate reports that are no longer necessary; and (iii) ensure that reports are submitted on time and posted on the department's website. The task force shall also make recommendations about periodic reports from the courts on cases involving children involved with the department of children and families.

Not later than 45 days after the end of each quarter, the department of children and families shall publish on its website caseload profile reports that provide statewide, regional and area office summaries that include data covering the number of maltreatment reports received during the year; screen in and support decisions; number of children in placement; adoptions and guardianships legalized; consumer demographics including race and primary language; information relating to children that are in placement, including most recent intake, placement type, race, age group, continuous time in placement, gender, and service plan goal; and information relating to children that are not in placement, including most recent intake and age group.

The task force shall be comprised of the following persons or their designees: the child advocate who shall serve as co-chair; the commissioner of children and families who shall serve as co-chair; the senate and house chairs of the joint committee on children, families and persons with disabilities; the chief justice of the juvenile court department; the executive director of the Massachusetts Law Reform Institute, Inc.; the chief counsel of the committee for public counsel services; the executive director of Children's League of Massachusetts, Inc.; 1 person with expertise in child welfare data and outcome measurement to be chosen by the child advocate; and 1 person with expertise in the department of children and families' information technology, data collection and reporting systems to be chosen by the commissioner of children and families. The task force shall consult with other individuals who have relevant expertise as needed.

The task force shall meet not less than quarterly and, in the first 6 months of its first year, the full task force or its working groups shall meet at least monthly. Annually, on or before January 31, the task force shall file its recommendations, together with drafts of legislation necessary to implement those recommendations, with the clerks of the senate and house of representatives and the clerks shall forward the report to the senate and house chairs of the joint committee on children, families and persons with disabilities.
 

Veto Explanation:
I am vetoing this section and related sections 129 and 152 because they would require the Department of Children and Families (DCF) and Office of the Child Advocate (OCA) to establish a task force on child welfare data to develop a broad range of basic data measures. The reporting proposed by these sections is duplicative of numerous existing reporting requirements for key outcome and benchmark data pursuant to line item 4800-0015 of this budget, Chapters 18B and 119 of the General Laws, and 42 USC §671(a)(8) (Title IV-E of the Social Security Act and 45 CFR § 205.50 (Federal regulation of Title IV-E). Key benchmark data for DCF is publicly available on the Administration for Children and Families' Children's Bureau website, and DCF will continue to work with OCA to provide the public and the Legislature with accurate, actionable data concerning child welfare in the Commonwealth.

 

Sunset of Child Welfare Data Reporting Task Force

SECTION 129.   Section 128 is hereby repealed.
 

Veto Explanation:
I am vetoing this section and related sections 128 and 152 because they would require the Department of Children and Families (DCF) and Office of the Child Advocate (OCA) to establish a task force on child welfare data to develop a broad range of basic data measures. The reporting proposed by these sections is duplicative of numerous existing reporting requirements for key outcome and benchmark data pursuant to line item 4800-0015 of this budget, Chapters 18B and 119 of the General Laws, and 42 USC §671(a)(8) (Title IV-E of the Social Security Act and 45 CFR § 205.50 (Federal regulation of Title IV-E). Key benchmark data for DCF is publicly available on the Administration for Children and Families' Children's Bureau website, and DCF will continue to work with OCA to provide the public and the Legislature with accurate, actionable data concerning child welfare in the Commonwealth.

 

HPC Study of Rx Dispensing Practices

SECTION 130.   The health policy commission, in consultation with the department of public health and the division of insurance, shall 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 shall be used for a specific patient and not for the general use of the provider. The commission shall submit a report of its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the house and senate committees on ways and means, the joint committee on health care financing and the joint committee on public health not later than July 1, 2018.
 

 

Energy Efficiency Project

SECTION 131.   The Massachusetts clean energy technology center established in section 2 of chapter 23J of the General Laws shall conduct a feasibility study of an energy efficiency project to assist an aviation manufacturing facility whose company headquarters are located within the commonwealth and in which the property tax receipts to a gateway city from said facility may be reduced due to a potential closure of said facility; provided, however, that the study shall include impacts on carbon dioxide and nitrogen emissions; provided, further, that the project will satisfy economic and environmental criteria, including, but not limited to: (i) enhanced electricity reliability; (ii) contribute to reducing winter electricity price spikes; (iii) where possible, mitigate any environmental impacts; and (iv) where feasible, create and foster employment and economic development in the commonwealth; and provided further, that the study shall include an analysis of potential funding sources and economic and environmental effects and shall be filed with the house and senate chairs of the joint committee on telecommunications, utilities, and energy and the clerks of the house of representatives and senate on or before December 31, 2017.
 

 

Pediatric Home Care Patients Study

SECTION 132.   The center for health information and analysis shall provide a report related to costs associated with the hospitalization of medically complex pediatric home care patients. The report shall include: (i) the number of medically complex pediatric home care patients, including those who have aged into adulthood, who are hospitalized annually and the length of their stay; (ii) the estimated cost to MassHealth of the annual hospitalization of medically complex pediatric home care patients; (iii) the estimated cost to private payers of the annual hospitalization of medically complex pediatric home care patients; and (iv) a cost analysis comparing continuous skilled nursing service costs to the cost of likely avoidable hospitalizations.

The center shall consult with the Massachusetts Pediatric Home Nursing Campaign and the Home Care Alliance of Massachusetts, Inc. and may consult with providers of continuous skilled nursing for children with complex medical needs. The report shall be made publicly available on the center's website and shall be filed with the clerks of the senate and house of representatives, the chairs of the joint committee on health care financing and the senate and house committees on ways and means on or before December 1, 2017.
 

 

Department of Conservation and Recreation Parks Pass

SECTION 133.   The registry of motor vehicles, in cooperation with the department of conservation and recreation, shall offer for purchase a senior MassParks pass to cover fees and parking for 1 calendar year at state-owned facilities where parking fees are charged to applicants for the issuance or renewal of a motor vehicle registration or license to operate a motor vehicle. 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 of section 2. 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 annual senior MassParks passes including, but not limited to, offering multi-year or automatically-renewing annual passes and shall submit the results 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 on or before December 31, 2017.
 

 

Battery Testing Facility Study

SECTION 134.   There shall be established a special legislative commission to study the feasibility, administration, and economic impact of a battery testing facility, located in one of the four western counties of the commonwealth. The commission shall consist of: the house and senate chairs of the joint committee on economic development and emerging technologies, or their designees, who shall serve as chairs of the commission; the commissioner of the department of energy resources, or a designee; the chief executive officer of Massachusetts clean energy technology center, or a designee; and the chancellor of the University of Massachusetts at Amherst, or a designee. The commission shall seek input and involvement from various public and private entities in the state with expertise or capacity related to battery technologies, clean energy, manufacturing, or engineering. The commission shall submit any recommendations to the clerks of the house of representatives and senate on or before February 1, 2018.
 

 

Childhood Vision and Eye Health Commission

SECTION 135.   There shall be established a special commission to study and report on childhood vision and eye health in the commonwealth. The commission shall study children's vision care and quality, including (i) vision screening, (ii) eye examinations and appropriate preventative measures and (iii) develop recommendations for ensuring screenings for all children. The commission shall review the commonwealth's success at preventative measures, including screening, and treating all of its children for vision impairments and eye disease and identify populations that do not receive screening, eye examinations or necessary related treatments.

The commission shall consist of the commissioner of the department of public health, or a designee, who shall serve as chair; the commissioner of the department of elementary and secondary education, or a designee; the commissioner of early education and care, or a designee; the house and senate chairs of the joint committee on public health, or their designees; 2 members of the Children's Vision Massachusetts Coalition; 1 member of the Massachusetts school nurse organization, Inc.; a member of the Massachusetts Society of Optometrists, Inc.; 1 member of the Massachusetts Society of Eye Physicians and Surgeons, Inc.; and 1 member of the Massachusetts Chapter of the American Academy of Pediatrics.

The commission shall submit a report, along with any recommendations for legislation, to the clerks of the house of representatives and senate, the house and senate chairs of the joint committee on health care financing, and the house and senate chairs of the joint committee on public health on or before February 1, 2018.
 

Veto Explanation:
I am vetoing this section because a nine-member commission is not needed to identify improvements in an existing program. The Department of Public Health administers a childhood vision screening program, after consultation with the Department of Elementary and Secondary Education, under Chapter 71, Section 57 of the General Laws, as amended in Chapter 181 of the Acts of 2004. My Administration released updated protocols for schools on September 30, 2016. Regular review and updating of these protocols, if needed, is the best way to improve childhood vision and eye care in Massachusetts.

 

Cape Verdean Cultural Center

SECTION 136.   There shall be a special legislative commission established pursuant to section 2A of chapter 4 of the General Laws to investigate and study the feasibility of establishing a Cape Verdean cultural center in the city of Boston. The commission shall consist of: 1 member of the house of representatives, who shall serve as co-chair; 1 member of the senate, who shall serve as co-chair; 1 member appointed by the governor; 1 member appointed by the mayor of Boston; and not more than 7 additional members, who shall be selected by the co-chairs; provided, that, there shall be an odd number of members.

The commission shall investigate and study various methods for establishing a Cape Verdean cultural center in the city of Boston, including, but not limited to, the creation of a non-profit organization to oversee the construction and management of the cultural center, and shall consider the costs of each method.

All appointments to the commission shall be made on or before October 1, 2017. The commission shall report its findings, including any recommendations for legislation, to the clerks of the house of representatives and the senate on or before April 1, 2018.
 

 

Rail Service to Berkshires Study

SECTION 137.   The Massachusetts Department of Transportation shall convene a working group, not later than October 1, 2017, to identify and evaluate the economic and cultural benefits and political, legal or logistical challenges to the Berkshire and western Massachusetts regions of the commonwealth and the commonwealth as a whole of establishing direct seasonal weekend passenger rail service between the city of New York, New York and the city of Pittsfield between Memorial Day and Columbus Day weekends modeled on the CapeFLYER passenger rail. The working group shall contact state, local and county officials of the state of New York to identify opportunities for collaboration and mutually-beneficial improvements and expansions in passenger rail infrastructure and service. The working group shall include, but not be limited to, a designee from the secretary of housing and economic development, elected officials from the state and federal legislative delegations, the duly elected mayor of city of Pittsfield, the Berkshire County Regional Planning Commission and existing rail service stakeholders. The secretary of the Massachusetts Department of Transportation shall designate a qualified individual to chair the working group. The working group shall submit its findings to the Massachusetts Department of Transportation, the senate and house chairs of the joint committee on transportation, the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on tourism, arts and cultural development on or before March 1, 2018.
 

 

Data Interoperability Study

SECTION 138.   There shall be a commission to investigate ways to increase access and interoperability of data collected by the department of public health, including the trauma registry established pursuant to section 11 of chapter 111C of the General Laws.

The commission shall evaluate ways to encourage the utilization of data collected from the trauma registry to study the patterns and impact of healthcare inequality and develop support programs and resources necessary to meet the unmet needs of residents of the commonwealth affected by healthcare inequality and their families. The commission may consider methods to encourage partnerships with academic medical centers and schools of public health to analyze and interpret existing data collected by the commonwealth, including data collected through the trauma registry, to ascertain geographical differences in healthcare access and quality. The commission may request information from state, county or municipal departments, boards, bureaus, commissions or agencies to further the goals of the commission.

The commission shall be comprised of: the commissioner of public health or a designee, who shall serve as chair; the senate and house chairs of the joint committee on public health; 1 member of the senate who shall be appointed by the minority leader; 1 member of the house who shall be appointed by the minority leader; and 4 persons who shall be appointed by the commissioner in consultation with the Massachusetts Chapter of the American College of Surgeons, Inc. and the chair of the American College of Surgeons, committee on trauma, 2 of whom shall be a research scientists with an expertise in healthcare quality and disparity with experience in medicine and public health and 2 of whom shall be members of the public with expertise in injury prevention or trauma surgery. The commission may hold public hearings; provided, however, that the hearings shall be held in a manner to ensure diverse geographic representation.

The department shall hold its first meeting on or before November 1, 2017. The commission shall file a report of its recommendations, if any, together with any recommendations for legislation, with the clerks of the senate and the house of representatives on or before December 31, 2018.
 

 

Lee/Westfield Turnpike Interchange Study

SECTION 139.   (a) The Massachusetts Department of Transportation shall conduct a feasibility study relative to the establishment of an interchange on interstate highway route 90 between the existing interchanges located in the city of Westfield and the town of Lee. The study shall examine and evaluate the costs and economic opportunities related to establishing the interchange including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs; (iii) the projected use levels; (iv) the environmental and community impact estimates; (v) the availability of federal, state, local and private sector funding sources; and (vi) the resulting economic, social and cultural benefits to the surrounding region and the commonwealth.

(b) The department shall file a report of the results of its study with the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on transportation on or before July 1, 2018.
 

 

Home Care Worker Registry Launch

SECTION 140.   A home care worker agency subject to section 4D of chapter 19A of the General Laws shall report the required home care worker registry information for each home care worker pursuant to said section 4D of said chapter 19A not later than 1 year after the effective date of this act.
 

 

Continuation of Pension Benefits Election 2

SECTION 141.   A member who made an election under section 90Gū of chapter 32 of the General Laws prior to the effective date of this act shall have the election maintained after the repeal of the section and no further action by the member or retirement board shall be necessary.
 

 

Sales Tax Modernization: Timing Change Effective Date

SECTION 142.   The commissioner of revenue shall promulgate any regulations necessary to implement section 94 not later than January 1, 2018.
 

 

Veteran's Tax Credit Effective Date

SECTION 143.   The credit authorized in sections 33 and 35 shall be available for veterans who are hired after July 1, 2017 and shall be available for the tax year beginning on January 1, 2017 and for subsequent tax years.
 

 

Hospital Assessment - Effective Date 1

SECTION 144.   The non-acute hospital payments established under section 2WWWW of chapter 29 of the General Laws shall be determined and payable in each fiscal year beginning in fiscal year 2018.
 

 

Hospital Assessment - Effective Date 2

SECTION 145.   Sections 2WWWW of chapter 29 of the General Laws and sections 52, 53, 55 and 90 shall take effect on October 1, 2017.
 

 

Employer Contribution to Healthcare Sunset 1

SECTION 146.   Subsections (a) and (b) of section 189A of chapter 149 of the General Laws shall take effect on January 1, 2018.
 

 

Employer Contribution to Healthcare Sunset 2

SECTION 147.   Sections 17, 61, 63, 65 and 67 shall take effect on December 31, 2019.
 

 

DV Victims Qualification for EIC Effective Date

SECTION 148.   Section 32 shall take effect on January 1, 2017.
 

 

Home Health Agency Licensure Effective Date

SECTION 149.   Section 46 shall take effect December 31, 2017.
 

 

Hospital Assessment - Effective Date 3

SECTION 150.   Section 54 shall take effect on September 30, 2022.
 

 

Employer Contribution to Healthcare Sunset 3

SECTION 151.   Section 122 shall take effect on January 1, 2020.
 

 

Sunset of Child Welfare Data Reporting Task Force Eff. Date

SECTION 152.   Section 129 shall take effect on February 1, 2022.
 

Veto Explanation:
I am vetoing this section and related sections 128 and 129 because they would require the Department of Children and Families (DCF) and Office of the Child Advocate (OCA) to establish a task force on child welfare data to develop a broad range of basic data measures. The reporting proposed by these sections is duplicative of numerous existing reporting requirements for key outcome and benchmark data pursuant to line item 4800-0015 of this budget, Chapters 18B and 119 of the General Laws, and 42 USC §671(a)(8) (Title IV-E of the Social Security Act and 45 CFR § 205.50 (Federal regulation of Title IV-E). Key benchmark data for DCF is publicly available on the Administration for Children and Families' Children's Bureau website, and DCF will continue to work with OCA to provide the public and the Legislature with accurate, actionable data concerning child welfare in the Commonwealth.

 

Effective Date

SECTION 153.   Except as otherwise specified, this act shall take effect as of July 1, 2017.