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Legislation as Filed

Please note: Below you will find the legislation as filed by Governor Patrick. After being filed, bills are sent to the Massachusetts legislature where they may be amended or altered.

Text of Filing Letter

June 29, 2009

To the Honorable Senate and House of Representatives:

I am filing for your consideration "An Act Making Appropriations for the Fiscal Year 2010 to Provide for Supplementing Certain Existing Appropriations and for Certain Other Activities and Projects". This legislation recommends Fiscal Year 2010 supplemental appropriations totaling $269.4 million to address immediate exposures identified for the upcoming fiscal year.

Today, I filed a Fiscal Year 2010 budget that preserves my Administration's commitment to education, health care, worker training and the Life Sciences. At a time of unprecedented global economic challenges, we were able to submit an on-time balanced budget that we can be proud of. Tough times require difficult decisions, however, and so I have issued $147 million in vetoes that constitute line-item spending reductions. A portion of these vetoes is being used to pay for the supplemental appropriations that I am proposing in order to fund pressing Commonwealth priorities that were not adequately addressed in the conference committee report.

The supplemental items to fund existing obligations include:

• $70 million to preserve state-subsidized health insurance coverage for approximately 30,000 legal immigrants who do not currently qualify for federal reimbursement. This will help ensure that our state continues to lead the nation in offering high-quality, affordable health care to all;
• $11 million for the Workforce Training Fund which ensures that the assessments paid by businesses into the fund are spent for appropriate workforce related purposes;
• $8 million for the Department of Correction to meet their anticipated need for fixed costs including health care, prescriptions, food and clothing costs;
• $4.7 million for the Department of Conservation and Recreation for amounts reimbursed by FEMA related to the December Ice Storm;
• $600,000 in total to preserve the Governor's Development Coordinating Council, Springfield, and Washington DC offices. I have worked closely with the Obama Administration to secure federal funding for the Commonwealth through the American Recovery and Reinvestment Act, and our DC office will allow us to continue to secure important federal support;
• $175,000 to maintain the Affirmative Market Program housed within the Operational Services Division;
• Line items for the County Sheriffs that provides funding for their individual line items assuming that the transition legislation before the Legislature will be effective as of 10/1/09. These items were vetoed at a total $217.3 million from the FY10 GAA because without the legislation signed into law, revenues are not available to support the line items;
• Funding for MWRA and Recycling and Solid Waste programs from revenues associated with the enactment of outside section 24 for the expanded Bottle Bill;
• An intergovernmental services account that allows for some consolidation of energy costs within our state agencies. Work toward this consolidation will help to identify efficiencies and cost savings.

In addition, I am urging the Legislature to fund a collective bargaining reserve that I have proposed funding twice this year. As a result of the cautious collective bargaining approach our Administration took shortly after taking office, we positioned ourselves to effectively respond to the extraordinary fiscal challenges the Commonwealth is now facing by securing collective bargaining agreements that limit wage increases for nearly all executive branch union employees to 0% in the first year of the contract (fiscal 2009 for most) and 1% in the second year of the contract (fiscal 2010 for most).

Additionally, this legislation includes outside sections that address both immediate and long-term solutions which will allow us to continue to address the Commonwealth's needs in challenging fiscal circumstances.

The outside sections include the following:

• Various management tools to allow for agencies to flexibly manage with less including -
o Line item transferability
o Deficit Spending for the state for emergency and snow and ice needs
o Shared Services
o Re-negotiating leases
o Temporary Cash Flow Loans
o Expanded 9C Powers
o Transfers between operating and capital
o Cash Flow management
• Payment of extended unemployment benefits to individuals whose benefits are about to expire. The Division of Unemployment Assistance estimates that this will result in approximately $650 million in additional benefit payments, the vast majority of which will be paid by the federal government;
• Bottle Bill expansion to fund MWRA and Recycling and Solid Waste Programs;
• Police training insurance surcharge to fund regular police training for both municipal and state police;
• Commonwealth Wellness fund that dedicates revenues from the elimination of the sales tax exemption on alcohol to public health programs;
• A study of the current police career incentive program and a successor program.

Sufficient revenues are estimated to be available to finance these appropriations. I urge your prompt and favorable consideration of this bill.

Respectfully submitted,

Deval L. Patrick
Governor

Text of Bill

MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2010 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND PROJECTS.

Whereas, The deferred operation of this act would tend to defeat its purposes, which are forthwith to make supplemental appropriations for fiscal year 2010 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SECTION 2.

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT

Department of Housing and Economic Development

7004-9024 ........................................................................................................................ $2,300,000

Department of Business Development

7007-0900 ........................................................................................................................ $2,500,000

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT

Department of Workforce Development

7003-0701 ...................................................................................................................... $11,000,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Office of the Secretary of Public Safety and Security

8910-0000 ...................................................................................................................... $46,010,366

Department of Correction

8900-0001 ........................................................................................................................ $8,000,000

SECTION 2A. To provide for certain unanticipated obligations of the commonwealth, to provide for an alteration of purpose for current appropriations, and to meet certain requirements of law, the sums set forth in this section are hereby appropriated from the General Fund unless specifically designated otherwise in this section, for the several purposes and subject to the conditions specified in this section, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items.

SHERIFFS

Barnstable Sheriff's Department

8910-8200 For the operation of the Barnstable sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth............ $15,882,525

8910-8210 The Barnstable sheriff's department may expend for the operation of the department an amount not to exceed $250,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system............................................... $250,000

Bristol Sheriff's Department

8910-8300 For the operation of the Bristol sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth........................... $20,442,251

8910-8310 The Bristol sheriff's department may expend for the operation of the department an amount not to exceed $6,500,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system............................................................... $6,500,000

Dukes Sheriff's Department

8910-8400 For the operation of the Dukes sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth............................. $1,925,824

Nantucket Sheriff's Department

8910-8500 For the operation of the Nantucket sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth................ $586,945

Norfolk Sheriff's Department

8910-8600 For the operation of the Norfolk sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth........................... $17,153,969

8910-8610 The Norfolk sheriff's department may expend for the operation of the department an amount not to exceed $2,500,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system............................................. $2,500,000

Plymouth Sheriff's Department

8910-8700 For the operation of the Plymouth sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth............ $17,957,534

8910-8710 The Plymouth sheriff's department may expend for the operation of the department an amount not to exceed $16,000,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system........................................... $16,000,000

Suffolk Sheriff's Department

8910-8800 For the operation of the Suffolk sheriff's department; provided, that funds shall not be expended from this item until the secretary of administration and finance certifies in writing to the comptroller that legislation has transferred the sheriffs' department to the commonwealth........................... $64,082,051

8910-8810 The Suffolk sheriff's department may expend for the operation of the department an amount not to exceed $8,000,000 from federal inmate reimbursements; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system............................................................... $8,000,000

EXECUTIVE OFFICE

Executive Office

0411-1001 For the operation of the development coordinating council....................................... $200,000

0411-1003 For the operation of the commonwealth's Washington, D.C. office.......................... $400,000

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Revenue

1231-1000 For the Commonwealth Sewer Rate Relief Fund established in section 2Z of chapter 29 of the General Laws; provided, that sums appropriated in this line item shall be funded by revenues collected under section 321 of chapter 94 of the General Laws, as amended by section 24............ $5,500,000

Reserves

1599-1702 For a reserve for the 75 per cent state share of costs to the department of conservation and recreation as identified for reimbursement by the Federal Emergency Management Agency for Emergency Declaration 3296 relating to the December 2008 severe winter storm, for the counties of Berkshire, Bristol, Essex, Franklin, Hampden, Hampshire, Middlesex, Suffolk and Worcester....................... $4,700,000

1599-5050 The executive office for administration and finance may expend for a single point of contact unit within the executive office to monitor and track federal assistance an amount not to exceed $300,000 in revenues received from fringe benefit assessments; provided, that the items monitored may include grants, federal medical assistance percentages reimbursements, other reimbursements, entitlement programs and any economic recovery stimulus funds, should they be received, under section 6B of chapter 29 of the General Laws; provided further, that the unit shall coordinate with the state comptroller and the treasurer and receiver-general; provide further, that the unit shall coordinate with agencies to draw down all available funds to support programs and services and to further ensure compliance with the federal Cash Management Improvement Act, that all draws of federal grant funds must be processed through the commonwealth's automated central draw process, under the supervision of the comptroller $300,000

Operational Services Division

1775-1101 For the operation of the affirmative market program............................................... $175,000

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS

Office of the Secretary of Energy and Environmental Affairs

2010-0100 For technical assistance, grants and support of efforts consistent with the Massachusetts solid waste master plan and climate protection plan; provided, that sums appropriated in this item shall be funded by revenues collected under section 321 of chapter 94 of the General Laws, as amended by section 24........................................................................................................................ $2,986,000

Department of Environmental Protection

2200-0107 For the operation of a redemption center program in pursuit of the commonwealth's recycling goals consistent with section 323 of chapter 94 of the General Laws; provided, that sums appropriated in this item shall be funded by revenues collected under section 321 of chapter 94 of the General Laws, as amended by section 24....................................................................................... $2,225,000

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES

Department of Children and Families

4800-0016 For the department of children and families which may expend for the operation of the transitional employment program an amount not to exceed $2,000,000 from revenues collected from various state, county and municipal government entities, as well as state authorities, for the costs related to the provision of services by the participants and the overhead costs and expenses incurred by the not-for-profit managing agent selected by the commissioner for administering the program; provided, that notwithstanding any general or special law to the contrary, the commissioner of the department of children and families may enter into a contract with Roca, Inc., a not-for-profit community-based agency, to manage the transitional employment program and to provide services to participants from the aging out population, parolees, probationers, youth service releases, or other community residents considered to have employment needs............................................................................................. $1,500,000

EXECUTIVE OFFICE OF eDUCATION

Department of Elementary and Secondary Education

7061-9010 For tuition payment reimbursements calculated under subsection (oo) of section 89 of chapter 71 of the General Laws; provided, that notwithstanding said subsection (oo), this item shall only fund reimbursements of 60 per cent of the amount by which a district's charter school tuition amounts in fiscal year 2009 were greater than its total charter school tuition amount for fiscal year 2008, and 40 per cent of the amount by which the district's charter school tuition amounts for fiscal year 2008 were greater than its total charter school tuition amount for fiscal year 2007; and provided further, that any excess funds in this account after payments have been made in full shall be transferred to item 7061-9020 if that item does not have sufficient funds to reimburse the tuition amounts required by said section 89 $29,865,079

7061-9020 For fiscal year 2010 payments to charters schools for facilities aid and fiscal year 2010 tuition increases; provided, that notwithstanding subsections (nn) and (oo) of section 89 of chapter 71 of the General Laws, or any other general or special law to the contrary, the total tuition amount owed by a sending district to a charter school shall be the per pupil tuition amount for fiscal year 2009 as defined in said subsection (nn) multiplied by the total number of students attending the charter school from that district in fiscal year 2009; provided further, that the commonwealth shall provide payments directly to charter schools for the per pupil capital needs component, which in FY2010 shall be $893; provided further, that notwithstanding said subsection (oo), or any other general or special law to the contrary, the commonwealth shall provide payments directly to charter schools for the amount by which the district's charter school tuition amounts for fiscal year 2010 are greater than its total charter school tuition amount for fiscal year 2009; and provided further, that if the amount appropriated is insufficient to fully fund all reimbursements required by said section 89, the department shall fully reimburse the cost of the per pupil capital needs component and shall pro-rate the tuition reimbursements calculated under said subsection (oo)..... $49,886,500

Board of Higher Education

7070-0031 For the McNair component of the financial assistance program to increase access to public and independent institutions of higher education for students who meet certain income eligibility standards developed by the commissioner of higher education and for students with serious physical impairments, known as the Ronald E. McNair education opportunity program........................... $1,000,000

EXECUTIVE OFFICE OF Housing and economic Development

Office of the Secretary of Housing and Economic Development

7002-0013 For the operation of expedited permitting at the executive office of housing and economic development, and related regional and local planning grants...................................................... $1,100,000

Department of Housing and Community Development

7004-2475 For the soft second loans program......................................................................... $500,000

Department of Business Development

7007-0334 For the operation of the office of small business and entrepreneurship and for grants to community development corporations, community development financial institutions or non-profit community-based organizations for the purpose of providing technical assistance or training programs to businesses with 20 employees or fewer............................................................................................. $750,000

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY

Department of State Police

8100-0515 For the estimated expenses of hiring, equipping and training state police recruits to maintain the strength of the state police; provided, that 100 per cent of the amount appropriated in this item shall be imposed as a policy surcharge and collected and remitted to the commissioner of insurance in accordance with section 116E of chapter 6 of the General Laws............................................................... $3,200,000

Municipal Police Training Committee

8200-0212 For the expanded annual training programs for veteran and reserve municipal police officers and expanded recruit training conducted by the municipal police training committee, including development and delivery of distance learning programs for municipal police officers, and development and execution of a standards and evaluations program for training courses and instructors of or certified by the committee; provided, that notwithstanding any general or special law to the contrary, the training fee for new recruits of municipal police departments and those law enforcement officers employed by agencies of the commonwealth who exercise police powers, including but not limited to environmental police officers and campus police officers of the University of Massachusetts and state colleges who exercise police powers, shall be covered by this item; and provided further, that 100 per cent of the amount appropriated in this item, including fringe benefit charges, shall be imposed as a policy surcharge and collected and remitted to the commissioner of insurance in accordance with section 116E of chapter 6 of the General Laws........................................................................................................................ $3,100,000

SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2010, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sums set forth in this section are hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be in addition to any amounts previously authorized and made available for the purposes of those items.

Judiciary

Supreme Judicial Court

0321-2215 For the expenses of the social law library located in Suffolk county......................... $506,704

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE

Department of Capital Asset Management and Maintenance

1102-3225 For the cost of utilities and management services provided by the division of capital asset management, including the payment of electrical, fuel oil and natural gas purchases that are centrally billed to the commonwealth and the purchase, delivery, handling of and contracting for supplies, postage and related equipment and other incidental expenses provided under section 51 of chapter 30 of the General Laws; provided, that any unspent balance at the close of fiscal year 2010 in an amount not to exceed 5 per cent of the amount authorized shall remain in the Intergovernmental Service Fund and may be expended for this item in fiscal year 2011 for the purposes of energy efficiency projects; and provided further, that the division in consultation with the department of energy resources, the operational services division and the executive office for administration and finance shall implement a program for centralized energy management by July 1, 2010........................................................................... $130,000,000

Police Training Surcharge

SECTION 3. Chapter 6 of the General Laws is hereby amended by inserting after section 116D the following section:-

Section 116E. (a) Sums for the estimated expenses of providing annual in-service specialized and statutorily-mandated training programs conducted by the municipal police training committee for veteran and reserve municipal police officers and for those officers employed by agencies of the commonwealth who exercise police powers and receive this training from the municipal police training committee, including but not limited to environmental police officers and campus police officers of the University of Massachusetts and state colleges who exercise police powers, shall be paid to the commissioner of insurance by property and casualty insurance companies writing motor vehicle insurance policies in the commonwealth by means of a policy surcharge imposed upon the policyholder of any private passenger automobile policy issued by any property and casualty insurance company writing motor vehicle insurance policies in the commonwealth. These programs shall include new recruit training provided by the municipal police training committee; development and delivery of distance learning programs by the municipal police training committee; a standards and evaluations program for training courses and instructors of or certified by the municipal police training committee; the development and updating of training programs including curricula by the municipal police training committee, hiring, equipping, and training new state police recruits; and the development and operation of a state police cadet program including the hiring, equipping, and training of state police cadets, subject to appropriation, and the estimated cost of fringe benefits associated with this training hiring and employment. The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. The rate of the policy surcharge shall be determined and adjusted annually by the commissioner of insurance to a rate sufficient to generate a surcharge to fund the expenses estimated by the secretary of public safety and security for the purposes described above.

(b) The policy surcharge shall be collected and remitted to the commissioner of insurance by the property and casualty insurance companies writing motor vehicle insurance policies in the commonwealth on a quarterly basis on or before the 25th day of the month succeeding the end of the quarter in which it is collected. Any company failing or refusing to collect and remit to the commissioner of insurance any policy surcharge or whose surcharge payments are not postmarked by the due dates for quarterly filing shall be liable for a penalty of up to $100 for each day of delinquency, to be assessed by the commissioner of insurance. The estimated costs shall include an amount equal to the cost of fringe benefits as established by the secretary of administration and finance under section 6B of chapter 29. Any surcharge collected in a fiscal year but not expended by the municipal police training committee or department of state police for the purposes set forth in this section shall be retained by the commonwealth for use by the municipal police training committee or department of state police. The retained surcharge shall be credited against the amounts required to be collected under this section in the following year, and those required payments shall be reduced by the amount of this credit.

MCDHH Fee Generation

SECTION 4. The second paragraph of section 196 of chapter 6 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- The commission may charge a fee where so required by the commission's regulations for the cost of maintaining an emergency referral service, but no part of such fee shall be assessed to a hearing-impaired individual.

Shared Services

SECTION 5. Chapter 6A of the General Laws is hereby amended by inserting after section 7 the following section:-

Section 7A. Each secretary may, notwithstanding any general or special law to the contrary, identify administrative processing activities and functions common to the state agencies within the executive office and may designate such functions as core administrative processing functions. To improve administrative efficiency and preserve fiscal resources, the secretary may direct that core administrative processing functions be performed by the executive office or by one or more state agencies designated by the secretary to perform those functions. Common activities and functions that may be designated as core administrative processing functions include without limitation human resource functions including payroll processing; information technology services; leasing and facility management services; financial management services, such as budgeting, procurement, contract management, and accounts payable/receivable functions; and other administrative processing functions. Upon designation of a function as a core administrative processing function, the secretary may direct that employees of each state agency who perform those functions be transferred to the executive office or to any state agency designated by the secretary to perform core administrative processing functions. Nothing in this section shall waive the responsibility of each agency head to certify obligations and expenditures for appropriations and other legally available funds of the agency pursuant to section 3 of chapter 7A, the responsibilities of an agency head pursuant to state finance law including but not limited to sections 19, 20, 24, 26 and 27 of chapter 29, and the responsibility of an agency head to certify work by employees of the agency pursuant to section 31 of chapter 29. An agency head may not delegate agency head signature authorization to any individual who is not an employee of the agency. The executive office or any state agencies designated to perform core administrative processing functions may charge the state agencies that receive such services for the reasonable costs of providing the services. Any employee transfers that occur in connection with the consolidation of core administrative processing functions within the executive office or state agencies shall not: (a) impair the civil service status of any such transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 or has tenure in a position by reason of section 9A of chapter 30; or (b) impair or change an employee's status, rights, or benefits under chapter 150E.

Designer Selection Board Quorum Requirements

SECTION 6. Section 38F of chapter 7 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out paragraph (d), and inserting in place thereof the following subsection:

(d) The board may delegate its powers and duties under paragraph (b) of section 38D, paragraphs (c) and (d) of section 38E, paragraphs (a) and (b) of section 38G, section 38H and section 38I to panels of less than all the board members. A panel of not less than 6 members shall be required for selection of designers under this section, 4 of whom shall be architects or engineers, including at least 1 architect and 1 engineer on that panel.

Modification to DCAM's Delegation Authority

SECTION 7. Section 40B of said chapter 7, as so appearing, is hereby amended by striking out, in line 9, the figure "$1,000,000" and inserting in place thereof the following figure:- $2,000,000.

SECTION 8. Section 40B of said chapter 7, as so appearing, is hereby further amended by striking out, in line 13, the words "one hundred thousand dollars" and inserting in place thereof the following figure:- $250,000.

Repeal Duplicate Transportation Trust Fund

SECTION 9. Section 35MM of chapter 10 of the General Laws, inserted by section 9 of the general appropriation act for fiscal year 2010, is hereby repealed.

Commonwealth Wellness Fund -1

SECTION 10. Chapter 29 of the General Laws is hereby amended by inserting after section 2YYY the following section:-

Section 2ZZZ. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Wellness Fund. The fund shall be credited with all sales tax revenues collected from the sale of alcoholic beverages under chapter 64H. Amounts credited to the fund shall be expended, subject to appropriation, to support alcohol and tobacco addiction services, health promotion, school-based health programs, teenage pregnancy prevention, domestic violence and sexual assault prevention, work force expansion services and other critical programs that support the wellness of residents of the commonwealth.

Funding Unfunded Liability for Retiree Health and Other Benefits -1

SECTION 11. Section 5C of chapter 29 of the General Laws is hereby amended by striking out clause (b), as appearing in the 2008 Official Edition, and inserting in place thereof the following clause:-

(b) of the remaining amount of the consolidated net surplus after amounts made available in clause (a), half shall be transferred to the State Retiree Benefits Trust Fund, and half shall be transferred to the Commonwealth Stabilization Fund; and.

Comptroller Cost Avoidance

SECTION 12. Section 29E of said chapter 29, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-

Notwithstanding any general or special law to the contrary, the comptroller may enter into contracts or interdepartmental service agreements for the purpose of identifying and pursuing increased revenue collection, cost avoidance, the maximum reimbursement opportunities for certain federally assisted and other programs of the commonwealth, and any other reimbursements of overpayments or other revenues. The contractor payments, or oversight costs or fees related to this section shall be paid from the revenues or reimbursements collected, or as otherwise considered appropriate by the comptroller, without further appropriation, and the comptroller shall establish accounts and procedures within the affected departments as he considers appropriate and necessary to accomplish the revenue generation purposes of this section.

No Lobbyists for State Entities

SECTION 13. Chapter 29 of the General Laws is hereby amended by inserting after section 30 the following section:-

Section 30A. Except for its full-time employee, a state agency or state authority shall not use public funds to pay for an executive or legislative agent, as defined in section 39 of chapter 3, notwithstanding section 50 of chapter 3.

HRCMS Upgrade

SECTION 14. The third paragraph of section 31 of chapter 29, as so appearing, is hereby amended by inserting after the second sentence the following sentence:-

Notwithstanding any other general or special law to the contrary, and in accordance with section 148 of chapter 149, to ensure the timely payment of wages and related payroll charges for work authorized by a spending authority and performed by employees, the comptroller shall have full authority to mandate the payment of such wages and payroll charges and prescribe, regulate and direct any spending authority to take the appropriate actions necessary to properly account for payroll charges, to ensure that payroll accounts are not in deficit at the close of the fiscal year, and any other actions necessary to support sound fiscal management including but not limited to the termination, suspension or reduction of work of employees and contractors to support appropriation, allotment or other funding limits.

Emergency Spending Authority

SECTION 15. Chapter 29 of the General Laws is hereby amended by adding the following section:-

Section 72. (a) In addition to other emergency powers allowed by law, the governor may declare a state of emergency whenever a catastrophic event, natural disaster, pandemic outbreak, terrorist threat or other occurrence or imminent danger threatens the health, safety or welfare of the people, or the fiscal or economic stability of the commonwealth. In such an emergency, the governor may direct any agency, authority, or political subdivision of the commonwealth to take appropriate action to eliminate the immediate threat or danger and to aid its citizens, including but not limited to temporary re-deployment of personnel, contractors or other resources. Upon notice in writing of the declaration of emergency to the comptroller and the clerks of the senate and the house of representative, there shall be appropriated an amount requested by the governor not to exceed $25,000,000 from the Commonwealth Stabilization Fund, and the comptroller shall transfer that amount into a separate emergency account for the costs incurred under this section.

(b) Agencies, authorities and political subdivisions directed by the governor to act under this section need not comply with procurement and personnel restrictions for obligations incurred in performance of directives under this section for the period of the emergency, but shall consult with the operational services division to use, to the greatest extent possible, existing state contractors and certified small, minority or women-owned businesses, to provide necessary goods or services under this section to obtain the most cost effective prices and quality services available. The comptroller may take whatever actions are necessary to enable obligations and payments under this section, shall advise agencies about the most efficient payment processes, including electronic payment options, and shall direct agencies in the proper accounting for all encumbrances and payments under this section in the state accounting system. Expenditures may be charged to other items of appropriation and to other subsidiaries as directed by the secretary of administration and finance in consultation with the comptroller. Every 60 days after an emergency is declared under this section, and until the governor declares that the emergency has terminated, the governor shall report in writing the specific amounts and purposes of expenditures under this section to the house and senate committees on ways and means.

(c) Any funds remaining in the emergency account at the conclusion of the fiscal year in which the emergency arises shall not revert at the end of the fiscal year, unless the emergency has terminated, but shall remain available for expenditure without further appropriation until the emergency ceases and all payments for all costs incurred under this section, at which time any remaining funds shall be transferred to the Commonwealth Stabilization Fund.

Pension Reform Correction

SECTION 16 .The definition of "Wages" in section 1 of chapter 32 of the General Laws, added by section 3 of chapter 21 of the acts of 2009, is hereby amended by adding the following sentence:- "Wages" shall also mean compensation received by any member who made an election to accrue creditable service and receive regular compensation after attaining the age of 70, including an election under section 90G3/4.

Permitting Commonwealth Corporation and Economic Stabilization Trust employees to join GIC

SECTION 17. Section 2 of chapter 32A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word "Center", in line 13, the following words:- ,Commonwealth Corporation, Economic Stabilization Trust,

Funding Unfunded Liability for Retiree Health and Other Benefits-2

SECTION 18. Section 24 of chapter 32A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after subsection (b) the following subsection:-

(b 1/2) Notwithstanding chapter 29D or any other general or special law to the contrary, 90 per cent of the monies received in any fiscal year as a result of any claim or action undertaken by the attorney general against a manufacturer of cigarettes to recover the amount of medical assistance provided pursuant to chapter 118E or any other claim or action undertaken by the attorney general against a manufacturer of cigarettes including, but not limited to, the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et al., Middlesex Superior Court, No. 95-7378, shall be deposited in the fund. The remaining 10 per cent of these monies shall be deposited in the General Fund, to be used subject to appropriation for tobacco control and other health care programs.

Funding Unfunded Liability for Retiree Health and Other Benefits-3

SECTION 19. Said section 24 of said chapter 32A, as so appearing, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-

(d) Upon authorization by the board, any other political subdivision, authority, board or instrumentality of the commonwealth may participate in the fund using the same procedures required for participation in the PRIT Fund pursuant to section 22 of chapter 32. The trustees of the fund shall adopt regulations for participation in the fund after consulting the public employee retirement administration commission.

Funding Unfunded Liability for Retiree Health and Other Benefits-4

SECTION 20. Said chapter 32A is hereby further amended by adding the following section:-

Section 25. (a) In each fiscal year the comptroller, without further appropriation, shall transfer, in addition to the amounts required by subsection (b 1/2) of section 24, an additional amount from the General Fund to the State Retiree Benefits Trust Fund necessary to fully fund the system as determined by the schedule set forth in this section. The comptroller may make such transfer in increments during the fiscal year as he considers appropriate to meet the cash flow needs of the commonwealth. The secretary of administration and finance shall file the first such funding schedule not later than March 1, 2010 and shall file subsequent schedules triennially on or before January 15. The secretary shall establish the funding schedule and update it from time to time after reviewing the periodic actuarial valuation reports required by subsection (g) of section 24, and shall notify the house and senate committees on ways and means regarding the actuarial, economic, and demographic assumptions upon which the actuarial valuation reports and such other reports are based, and the manner and methodology used in the development of the actuarial reports and recommendations. The secretary shall establish the schedule such that the increase in the amortization component of the appropriations or transfers required by this section from year to year shall not exceed the increase in the commonwealth's payroll expense and benefits for the prior fiscal year or 4.5 percent, whichever is greater. The transfers form the General Fund required by this subsection shall not be made until the unfunded pension liability is reduced to zero in accordance with the second paragraph of section 22C of chapter 32.

(b) The secretary shall design this funding schedule, and any updates, to reduce the unfunded actuarial liability attributable to the commonwealth's post-employment benefits to zero as of June 30, 2038, to meet the normal cost of all future benefits for which the commonwealth is obligated, and to meet any other component of the commonwealth's post employment benefits liability, as defined in subsection (g) of section 24. Updates of the funding schedule required by changes in the projected unfunded actuarial liability as determined by any periodic actuarial valuation report pursuant to this section, may reflect the further amortization time periods authorized by said subsection (g).

Tax Credit Bond Legislation

SECTION 21. Chapter 44 of the General Laws is hereby amended by adding the following new section:-

Section 21B. Tax Credit Bonds or Notes.

The mayor of a city, the board of selectmen of a town, the school committee of a regional school district and the prudential committee, if any, otherwise, the commissioners of a district may designate any duly authorized issue of bonds or notes as tax credit bonds, to the extent that any such issue of bonds or notes is otherwise permitted to be issued in the form of federally taxable bonds or notes with federal tax or other subsidies for all or any portion of their borrowing costs. Any borrowing designated as tax credit bonds shall have a final maturity of not more than 30 years from its date of issuance, and may be payable without regard to any limitation as to maturities or amounts of annual installments for bonds provided in any other law. Notwithstanding section 47 or any other general or special law to the contrary, the mayor of a city, the board of selectmen of a town, the school committee of a regional school district and the prudential committee, if any, otherwise, the commissioners of a district may establish a separate sinking fund to be held in trust solely for the payment of principal, redemption premium, and interest on any tax credit bonds. Amounts held in any such sinking fund may be invested under section 55, and the income derived from such investment may be expended by the treasurer to pay the principal, redemption premium, if any, and interest on such tax credit bonds until they are paid, or otherwise redeemed; provided, however, that notwithstanding the limitations on the maturity of investments under section 55, any such investment may have a maturity not later than the date fixed for the payment or redemption of such tax credit bonds. Any earnings on proceeds of tax credit bonds shall be applied, without the necessity of further appropriation, for any purpose or purposes for which the city, town or district may incur debt for a period of 5 years or more. To the extent that any such earnings are applied to any purpose for which the city, town or district has authorized, but unissued indebtedness, the amount of any such indebtedness shall be reduced accordingly.

Used Car Values

SECTION 22. Section 4 of Chapter 64I of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding this section, the excise imposed by section 2 upon the storage, use or other consumption of motor vehicles or trailers shall be paid by the purchaser to the registrar of motor vehicles in the manner prescribed by the commissioner. The vendor thereof shall not add the tax to the sales price and shall not collect the tax from the purchaser. The vendor thereof shall, however, furnish to the purchaser, the registrar and the commissioner a sworn statement of the sale upon a form prescribed by the commissioner, giving such information as the commissioner may require for the determination of such tax. For purposes of such determination, the sales price of any motor vehicle, except a motor vehicle purchased from a vendor registered under this chapter who is regularly engaged in the business of making sales at retail of such motor vehicles, shall be the actual amount paid by the purchaser to the vendor for said motor vehicle or the clean trade-in value of said motor vehicle, whichever is greater regardless of the actual condition of the vehicle. "Clean trade-in value" for a motor vehicle shall mean the clean trade-in value or equivalent or successor values listed in the National Automobile Dealers Association used car guide or other value guides whether published in print or electronically or default values as determined jointly by the commissioner and registrar. The commissioner may establish rules and regulations for accepting values below these values based on the condition of the vehicle at the time of sale or other factors as may be appropriate.

Expansion of RMV Services

SECTION 23. Chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after section 30A the following new section:-

Section 30A 1/2. (a)Notwithstanding section 30A or any other general or special law to the contrary, the registrar may, in the interest of seeking cost efficiencies, avoiding disruptions and continuing to provide registry services, enter into agreements with third-party entities based in the commonwealth, to perform functions on behalf of the registry of motor vehicles. The registrar shall enter into agreements only with an existing entity that provides automobile-related services to the general public, or to its own members if an automobile-related association, and that maintains business offices that are open to the public during hours and at locations considered to be convenient for registry customers and in areas where a continuing need exists to provide registry services.

(b) The registrar may provide necessary inventories, equipment, electronic connections and training in regard to such agreements to provide for the provision of registry-related services by the third party. The registrar may help to defray the expenses of the third party as part of the agreement if necessary to provide such services, but only if the overall effect of such agreement results in cost efficiencies to the registry. The registrar shall not enter into an agreement that results in the loss of employment with the commonwealth of any person who was performing services related to the agreement as a registry employee within the 30 days before the effective date of the agreement.

(c) The registrar shall, on an annual basis or more frequently if required by the agreement, review the third party's most recent performance under the agreement. If the cost efficiencies and other purposes for which the agreement has been entered into are not being realized, the registrar may terminate the agreement and recover all inventories, equipment, monies due and other items provided to the third-party. An agreement may be amended from time to time.

(d) All employees of a third party performing registry-related functions or having access to registry data or equipment shall be subject to all state and federal laws and regulations governing the protection of personal information. Fees collected by the third party on behalf of the registrar shall be deposited in the treasury of the commonwealth pursuant to section 34. An agreement shall ensure that the third party's performance of registry-related functions is subject to periodic audits by registry staff and the state auditor.

Expand Bottle Bill

SECTION 24. Section 321 of chapter 94 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the definitions of "Beverage" and "Beverage container" and inserting in place thereof the following 2 definitions:--

"Beverage", soda water or similar carbonated soft drinks; beer and other malt beverages; non-carbonated soft drinks including but not limited to mineral water, flavored and unflavored water, spring water, fruit drinks, juice, sports drinks and other water beverages, coffee and coffee-based drinks; and all other non-alcoholic carbonated and noncarbonated drinks in liquid form intended for human consumption except milk and beverages that are primarily derived from dairy products, infant formula, and FDA-approved medicines; but shall not include alcoholic beverages other than beer and malt beverages, as defined in chapter 138, or wine.

"Beverage container", any sealable bottle, can, jar or carton which is primarily composed of glass, metal, plastic or any combination of those materials and is produced for the purpose of containing a beverage, including containers of two gallons capacity or less for carbonated and malt beverages and less than one gallon for noncarbonated beverages. This definition shall not include containers made of biodegradable material.

DOR/Religious Exemption language

SECTION 25. Section 3 of chapter 111M of the General Laws, as so appearing, is hereby amended by adding the following sentence:-

The department of revenue and the division of health care finance and policy may conduct data matches for purposes of administering this section. The division may disclose to the department whether a health care provider has submitted data indicating that it has provided health care services during the relevant tax year to an individual claiming an exemption under this section.

GIC Municipal Enrollment Date Correction

SECTION 26. Section 10 of chapter 377 of the acts of 2008 is hereby amended by striking out the date "January 1, 2012" and inserting in place thereof the following date:- July 1, 2009.

Mass Cultural Council Line Item Language Change

SECTION 27. Item 0640-0300 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by striking out the words "and provided further, that the Local Cultural Council Grant Program shall provide a minimum grant of no less than the amount detailed in item 0640-0300 in section 2 of chapter 182 of the acts of 2008 per municipality".

Commonwealth Wellness Fund -2

SECTION 28. Item 4512-0200 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by adding the following words:-

Commonwealth Wellness Fund.............. 88.2%

General Fund......................................... 11.8%

DCF Line Item Language Change

SECTION 29. Item 4800-0015 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by striking out the words "; provided further, the department shall employ not less than 1 full-time board certified physician; provided further, that the department shall employ four to five full-time board certified or board eligible child psychiatrists to serve the area offices; provided further, that hiring and supervision shall be done in conjunction with the department of mental health; provided further, that such physicians shall collaborate with the department's social workers".

Department of Highways Line Item Language Change

SECTION 30. Item 6010-0001 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by striking out the words "; provided, that no expenditures shall be made from the AA object code".

Snow and Ice Deficit

SECTION 31. Item 6030-7201 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by adding the following words:- ; provided, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of supplemental funds and related expenditures for snow and ice control, the department may incur expenses in deficiency after notification to the executive office for administration and finance and the office of the comptroller that a projection of deficiency exists.

MOTT line item language change

SECTION 32. Item 7007-0900 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by adding the following words:- and the Pioneer Valley Visitors and Tourist Information Center in Greenfield.

Scholarship line item language

SECTION 33. Item 7070-0065 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by striking out the words "; provided, that all scholarship programs receiving funding through this item shall follow the same guidelines as detailed in item 7070-0065 in section 2 of chapter 182 of the acts of 2008".

Quinn Bill -1

SECTION 34. Item 8000-0040 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by adding the following words:-; and provided further, that any certified enrollee in a municipal police academy on active duty in the armed forces of the United States in Afghanistan or Iraq shall be eligible to participate in the career incentive pay program established pursuant to section 108L of chapter 41 of the General Laws

Redirecting Sex Offender Registry Board Fee

SECTION 35. Item 8000-0125 of section 2 of the general appropriation act for fiscal year 2010 is hereby amended by striking out the words "Massachusetts office for victim assistance" and inserting in place thereof the following words:- Sex Offender Registry Board".

Correct FY10 GAA Section 2B preamble

SECTION 36. Section 2B of the general appropriation act for fiscal year 2010 is hereby amended by striking out the preamble and inserting in place thereof the following preamble:-

Notwithstanding any general or special law to the contrary, the agencies listed in this section may expend the amounts listed in this section for the provision of services to agencies listed in section 2. All expenditures made pursuant to this section shall be accompanied by a corresponding transfer of funds from an account listed in section 2 to the Intragovernmental Service Fund, established by section 2Q of chapter 29 of the General Laws. All revenues and other inflows shall be based on rates published by the seller agency that are developed in accordance with cost principles established by the United States Office of Management and Budget Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments." All rates shall be published within 30 days of the enactment of this section. No expenditures shall be made from the Intragovernmental Service Fund which would cause that fund to be in deficit at the close of fiscal year 2010. All authorizations in this section shall be charged to the Intragovernmental Service Fund and shall not be subject to section 5D of chapter 29 of the General Laws. Any balance remaining in that fund at the close of fiscal year 2010 shall be transferred to the General Fund.

Change to CCTF Transfer Amount

SECTION 37. Section 119 of the general appropriation act for fiscal year 2010 is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the state treasurer, the secretary of administration and finance and the secretary of health and human services, develop a schedule for transferring funds among the General Fund, the Commonwealth Care Trust Fund established pursuant to section 2OOO of chapter 29 of the General Laws, and the Health Safety Net Trust Fund. An amount up to $661,685,136 shall be transferred from the General Fund to the Commonwealth Care Trust Fund. The hospital fiscal year 2010 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund. Payments may be made either as safety net care payments under the commonwealth's 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof. The executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund. The schedule shall provide for transfers in increments considered appropriate to meet the cash flow needs of these funds. The transfers shall not begin before July 1, 2009 and shall be completed on or before June 30, 2010. The secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded from the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures. The secretary of health and human services in consultation with the secretary of administration and finance and the executive director of the commonwealth health insurance connector, shall submit a quarterly report to the house and senate committees on ways and means and joint committee on healthcare financing which shall include, but not be limited to, the projected and actual expenditures and revenues for the Commonwealth Care Trust Fund and any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund. Notwithstanding any general or special law to the contrary, if the secretary of administration and finance determines that amounts transferred from the General Fund to the Commonwealth Care Trust Fund under this subsection are not needed to support programs funded through the Commonwealth Care Trust Fund, the secretary of administration and finance shall notify the comptroller of this determination and the comptroller shall transfer such amounts from the Commonwealth Care Trust Fund to the General Fund.

Funding Unfunded Liability for Retiree Health and Other Benefits-5

SECTION 38. Notwithstanding subsection (b 1/2) of section 24 of chapter 32A of the General Laws, inserted by section 16, for fiscal years 2010 to 2013, inclusive, of the 90 per cent of the monies received in that fiscal year as a result of any claim or action undertaken by the attorney general against a manufacturer of cigarettes to recover the amount of medical assistance provided pursuant to chapter 118E or any other claim or action undertaken by the attorney general against a manufacturer of cigarettes including, but not limited to, the action known as Commonwealth of Massachusetts v. Philip Morris, Inc., et al., Middlesex Superior Court, No. 95-7378, the following portions shall not be deposited in the State Retiree Benefits Trust Fund but rather shall be deposited in the General Fund:

(a) for fiscal year 2010, all of the 90 per cent of those monies;

(b) for fiscal year 2011, 3/4 of the 90 per cent of those monies;

(c) for fiscal year 2012, half of the 90 per cent of those monies;

(d) for fiscal year 2013, 1/4 of the 90 per cent of those monies.

In each such fiscal year, the remainder of the 90 per cent of those monies shall be deposited in the State Retiree Benefits Trust Fund.

Funding Unfunded Liability for Retiree Health and Other Benefits-6

SECTION 39. Notwithstanding any general or special law to the contrary, during fiscal year 2010, the comptroller shall, according to a schedule developed in consultation with the state treasurer and the secretary of administration and finance, transfer $394,320,000 from the General Fund to the State Retiree Benefits Trust Fund.

Funding Unfunded Liability for Retiree Health and Other Benefits-7

SECTION 40. There shall be a special commission to study further changes to health care benefits provided to employees and retirees of the commonwealth, its political subdivisions, authorities, boards and instrumentalities. The commission shall consist of the trustees of the State Retiree Benefit Trust Fund, the chairs of the joint committee on public service, the chairs of the house and senate committees on ways and means, the house and senate minority leaders, the personnel administrator, the director of the office of employee relations, the executive director of the Massachusetts Municipal Association and the president of the Massachusetts AFL-CIO or their designees. The commission shall take into account fiscal sustainability, benefit changes, eligibility, structure of benefits, contribution changes and other items that address employee and retiree needs and fiscal impact. The comprehensive evaluation of total compensation for state employees shall also at least review salaries, health care benefits, sick time, vacation, holidays, life insurance, dental and vision benefits, short and long-term disability, workers compensation. The commission shall explore further funding options, including but not limited to consolidation of non-commonwealth systems of retiree health care funding under the State Retiree Benefits Trust Fund, establishment of health savings and health retirement accounts, and establishment of a voluntary employee benefits association. The commission shall study existing pension benefits as they relate to federal Social Security Administration benefits and the structure and stability of that system. The commission shall analyze contribution levels, vesting periods, eligibility criteria related to the age of the retirees. The commission shall study salary levels for public employees, particularly a comparison between public service and private sector hourly wages and benefits for similar job responsibilities. The commission shall engage professional advisors as needed to accomplish its purposes. The commission shall file its report with the clerks of the senate and house of representatives, including any recommendations for legislation, not later than December 1, 2009.

CIO Transfer Authority

SECTION 41. Notwithstanding any general or special law to the contrary, the secretary of administration and finance may authorize the transfer of funds between 1100-1700, 2000-1700, 4000-1700, 6000-1700, 7002-0017, 7002-0170, 7009-1700, 8000-1700 and any item of appropriation within the same secretariat in order to facilitate the smooth transition of information technology consolidation. The transfer may be made only with the written approval of the heads of the sending and receiving agencies, and the secretary and secretariat chief information officer of their executive office.

Line Item Transferability

SECTION 42. Notwithstanding any general or special law to the contrary, the secretary of administration and finance may authorize the transfer of funds from any item of appropriation for fiscal year 2010 for any executive branch agency to any other item of appropriation for that agency or within its executive office. No transfer authorized by this section shall exceed 5 per cent of the amount appropriated for an item. The secretary of administration and finance shall notify the house and senate committees on ways and means 15 days before a transfer pursuant to this section.

Lease Terminations for Insufficient Funds

SECTION 43. Notwithstanding any general or special law to the contrary, the commissioner of capital asset management and maintenance, after consulting with the head of the leasing state agency or the chief justice for administration and management, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the chief justice for administration and management, insufficient funds are available within the agency's or the court's appropriation or allotment to maintain the lease consistent with maintaining core governmental functions. This section shall expire on June 30, 2010.

Allotment reductions to reflect surplus appropriations

SECTION 44. During fiscal year 2010, the secretary of administration and finance may reduce allotments under any item of appropriation to reflect surplus funds under that item as determined by the secretary on the fiscal year 2010 balance sheet published in the governor's budget for fiscal year 2011 or subsequent revisions of that balance sheet. The secretary shall promptly notify in writing the house and senate committees on ways and means of every such reduction.

Transfers between operating and capital

SECTION 45. (a) Whenever the commonwealth has borrowed funds as authorized by law to fund the acquisition of equipment that would have otherwise been funded under an item of appropriation in section 2 of the general appropriation act for fiscal year 2010, the secretary of administration and finance may authorize the transfer of funds from the item of appropriation in section 2 from which the equipment acquisition would have been funded to any other item of appropriation for the purpose of funding personnel or other operating-related expenses that would have otherwise been funded in the fiscal year 2010 capital budget from the proceeds of bonds. The secretary may establish an appropriation account to receive this transfer if none exists under section 2. Any amount transferred under this section shall not exceed the cost of the related equipment acquisition, and the aggregate amount of all such transfers shall not exceed $50,000,000.

(b) Before making any transfer authorized by this section, the secretary of administration and finance shall submit a transfer report and certification to the house and senate committees on ways and means. The report and certification shall include the following:

(1) a schedule showing the cost of equipment acquisition that would have been funded from an item of appropriation in section 2, the item of appropriation from which the equipment would have been funded and the bond authorization against which bonds may be issued to fund the acquisition of the equipment;

(2) a schedule showing the cost of all personnel and other operating expenses that would have been funded from the fiscal year 2010 capital budget, identification of each of the agencies that pay the related expenses, the item in the capital budget and the bond authorization from which the personnel or operating expenses would have been funded, and the item of appropriation in section 2 from which the personnel or operating expenses will be funded;

(3) a schedule of each amount that will be transferred from one item of appropriation in section 2 to another under subsection (a) in order to effectuate the transactions described in clauses (1) and (2); and

(4) a certification of the secretary confirming that the equipment will be acquired in fiscal year 2010 with bond proceeds from the fiscal year 2010 capital budget and the bond authorization identified in clause (1).

Commission on Maintenance

SECTION 46. (a) There shall be a special commission to investigate and study the maintenance of state facilities.

(b) The commission shall consist of the secretary of administration and finance, or her designee, who shall chair the commission; the commissioner of capital asset management and maintenance, or his designee; the chairs of the house and senate committees on ways and means, or their designees; the house and senate chairs of the joint committee on bonding, capital expenditures and state assets, or their designees; the minority leaders of the senate and house of representatives, or their designees; a representative of the International Facility Management Association; and 3 other persons appointed by the governor. The division of capital asset management and maintenance shall provide staff assistance to the commission and shall conduct a facilities maintenance review to assist in the commission's study.

(c) The commission shall study opportunities to improve maintenance of state facilities, including, but not limited to, more efficiently allocating resources and responsibility for facility maintenance, implementing best practices in assessing and addressing facility maintenance needs, and more effectively funding facility maintenance needs.

(d) The commission shall report its findings and recommendations, including any proposed legislation, to the clerks of the senate and house of representatives on or before March 31, 2010.

Cash Flow Management Tool

SECTION 47. Notwithstanding any general or special law to the contrary, in fiscal year 2010, the comptroller, in consultation with the secretary of administration and finance and the state treasurer, may transfer more funds from the Commonwealth Stabilization Fund to the General Fund than the amount authorized in section 124 of the general appropriation act for fiscal year 2010 for the purposes of increasing the non-segregated cash available for state expenditures and related purposes. Transfers in an amount above that authorized in said section 124 shall be considered to be a temporary loan from the Commonwealth Stabilization Fund to the General Fund and shall be repaid in full plus interest calculated and charged by the state treasurer at the Massachusetts Municipal Depository Trust rate on or before June 30, 2010.

Healthcare Contribution Program

SECTION 48. (a) (1) Notwithstanding chapter 32 of the General Laws or any other general or special law to the contrary, the state board of retirement shall establish and implement a retirement for public employees, in this section called the healthcare contribution program. In order to be considered eligible by the board for the benefit established under this program, an employee: (i) shall be an employee of the commonwealth on the effective date of this section; (ii) shall be a member in active service of the state retirement system on the effective date of this section; (iii) shall be eligible to receive a superannuation retirement under subdivision (1) of section 5 of said chapter 32 or subdivision (1) of section 10 of said chapter 32 upon the date of retirement requested in the employee's written application for retirement with the board; (iv) shall have received pay advices via the commonwealth's human resources compensation management system or the University of Massachusetts' human resources management information system or whose regular compensation is funded from federal, trust or capital accounts, under chapter 29 of the General Laws; and (v) shall have filed a written application with the board in accordance with sub(b).

(2) Words used in this section shall have the same meaning assigned to them in chapter 32 unless otherwise expressly provided or unless the context clearly requires otherwise. An employee who retires and receives an additional benefit in accordance with this section shall be considered to be retired for superannuation under said chapter 32 and shall be subject to all of said chapter 32.

(3) Elected officials and anyone serving as a chief justice or an associate justice of the supreme judicial court, a chief justice or an associate justice of the appeals court, or a justice of the trial court shall not be eligible to participate in the healthcare contribution program.

(b) An eligible employee shall file an application for retirement with the state board of retirement after the effective date of this section and not later than October 1, 2009. The retirement date requested shall be not later than January 31, 2010. The application filed for retirement under this section may be delivered in person or by mail to the state board of retirement.

(c) Notwithstanding chapter 32 or 32A of the General Laws or any other general or special law to the contrary, the commonwealth's share of the group insurance premium for any state employee who files an application for retirement after the effective date of this section and before October 1, 2009 for a retirement date not later than January 31, 2010 shall be 85 per cent. The commonwealth's share of the group insurance premium for any state employee who files an application for retirement after October 1, 2009 shall be 80 per cent until a different contribution rate is established under section 8 of chapter 32A of the General Laws. The revised contribution rate shall take effect no earlier than the first day of the first month that begins at least 90 days after the effective date of this act.

(d) An executive branch position vacated as a result of an employee's participation in the healthcare contribution program may only be filled if the secretary of administration and finance determines that the position is vital to the public health, public safety or other critical operations of the commonwealth. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2010 for refilled positions in the executive branch shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2010 for the positions vacated in the executive branch under the healthcare contribution program had those positions not been vacated, and the total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2011 for refilled positions in the executive branch shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2011 for the positions vacated in the executive branch under this program had those positions not been vacated.

(e) The refilling of positions vacated by employees from federal and trust accounts under the healthcare contribution program shall not be subject to the limitations set forth in sub(d), but agencies with positions vacated from federal and trust accounts shall first fill these positions with qualified persons currently employed by the commonwealth and paid with state funds. If no such qualified personnel are currently employed by the commonwealth, agencies may hire new employees to fill those positions vacated from federal and trust accounts.

(f) Notwithstanding any general or special law to the contrary, no person shall be hired or appointed by the trial court on a permanent or temporary basis to fill a position made vacant by the retirement of an employee participating in the healthcare contribution program under this section unless the chief justice for administration and management determines that the position is critical and essential to the operations of or services provided by the commonwealth. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2010 for refilled positions in the trial court shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2010 for the positions vacated in the trial court under this program had such positions not been vacated. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2011 for refilled positions in the trial court shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2011 for the positions vacated in the trial court under this program had those positions not been vacated.

(g) Notwithstanding any general or special law to the contrary, no person shall be hired by a state or community college in the system of public institutions of higher education, as defined in section 5 of chapter 15A of the General Laws, but excluding the University of Massachusetts at Amherst, Boston, Dartmouth, Lowell and Worcester, on a permanent or temporary basis to fill any position made vacant by the retirement of an employee participating in the healthcare contribution program under this section unless the secretary of education determines that the position is critical and essential to the operations of or services provided by the commonwealth. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2010 for refilled positions in the state and community colleges shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2010 for the positions vacated in the state and community colleges under this program had such positions not been vacated. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2011 for refilled positions in the state and community colleges shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2011 for the positions vacated in the state and community colleges under this program had those positions not been vacated.

(h) Notwithstanding any general or special law to the contrary, no person shall be hired by a division of the University of Massachusetts on a permanent or temporary basis to fill any position made vacant by the retirement of an employee participating in the healthcare contribution program under this section unless the secretary of education determines that the position is critical and essential to the operations of or services provided by the commonwealth. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2010 for refilled positions in the University of Massachusetts shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2010 for the positions vacated in the University of Massachusetts under this program had such positions not been vacated. The total annualized cost of regular compensation paid out by the commonwealth in fiscal year 2011 for refilled positions in the University of Massachusetts shall not exceed 30 per cent of the total annualized cost of regular compensation which would have been paid out by the commonwealth during fiscal year 2011 for the positions vacated in the University of Massachusetts under this program had those positions not been vacated.

(i) Notwithstanding any general or special law or any collective bargaining agreement or other employment contract to the contrary and in consideration of the benefits conferred in this section, an employee who elects to retire under this section and is eligible to receive a payment in lieu of accrued vacation time, unused sick leave or other benefit under such agreement or contract shall waive the required remittance of that payment within 30 days and shall receive 1/4 of such payment on January 31, 2010, 1/4 of such payment on July 1, 2010, 1/4 of such payment on July 1, 2011, and 1/4 of such payment on July 1, 2012. Each such employee shall sign a statement that he has agreed to receive 1/4 of such payment on October 1, 2009, 1/4 of such payment on July 1, 2010, 1/4 of such payment on July 1, 2011, and 1/4 of such payment on July 1, 2012 prior to the approval by the state board of retirement of the employee's application for superannuation benefits and participation in the healthcare contribution program established under this section. The state board of retirement shall deny an application for participation in this program by an employee who belongs to a bargaining unit for which a collective bargaining agreement inconsistent with this section is in effect at the time of that application, unless the employee organization representing that employee has filed with the board and with the secretary of administration and finance a statement waiving any inconsistent provision of the agreement on behalf of all members of the bargaining unit who file applications under this section.

(j) A state authority, as defined in section 1 of chapter 29 of the General Laws, whose employees are not members of the state retirement system may elect to allow its employees to participate in the healthcare contribution program by a majority vote of its board of directors. If the authority makes this election, the program shall be administered by its retirement system. Eligibility for the healthcare contribution program shall not exceed that provided in sub(a) of this section as applied to the circumstances at the particular authority. Employees of each authority that elects to participate in this program shall only be eligible if they file for retirement as provided in sub(b), and the contribution ratio received by a retiree shall be the same as that provided in sub(c).

(k) On or before March 15, 2010, the secretary of administration and finance shall file with the joint committee on public service and the house and senate committees on ways and means a report detailing for each state department, including each campus of the University of Massachusetts and each state and community college, the number of employees participating in the healthcare contribution program, the estimated salary savings in fiscal years 2010 and 2011 as a result of those employees' participation, the number of positions vacated or expected to be vacated as a result of those employees' participation that have been or are expected to be refilled and the estimated salary costs in fiscal years 2010 and 2011 on account of the refilled positions.

MassHealth Transferability

SECTION 49. Notwithstanding any general or special law to the contrary, the secretary of administration and finance may authorize transfers between 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0860, 4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0891, 4000-0895, 4000-0990, 4000-1400 and 4000-1405 of section 2 of chapter 182 of the acts of 2008 for the purpose of reducing any deficiency in any of the above line items, but any such transfer shall take place not later than August 31, 2010.

Quinn Bill - 2

SECTION 50. (a) The executive office for administration and finance, the executive office of public safety and the executive office of education shall conduct a study of the current police career incentive program and shall provide the result of this study by March 31, 2010.

(b) The study shall evaluate the status of the current career incentive pay program established in section 108L of chapter 41 of the General Laws including, but not limited to: (1) an assessment of the number of police officers with higher education degrees; (2) an investigation of salaries paid to officers utilizing the incentive program as compared with neighboring states' salaries and incentive programs; (3) an assessment on the impact said program has had on decreasing the number of lawsuits against police officers and municipalities; (4) the cumulative cost to state and local governments in terms of increased operating costs for wages and impact on state and municipal pension liability; (5) an assessment on the current incentives provided to officers and a determination of how wages for officers with higher education degrees would be affected without the incentive program; (6) the impact of requiring a higher education degree for all police officers as a job requirement; (7) a comparison of the wage benefits conferred by the incentive program with the increase in earning power expected to be experienced by all persons in the commonwealth as a result of higher educational attainment; (8) an appropriate role for the commonwealth in the future of the career incentive pay program; and (9) any other matters that the commission considers relevant to its purpose.

(c) The study shall also consider options for a successor program and evaluate the cost and benefits of providing for such incentives in a different manner than currently offered.

Extended Unemployment Benefits

SECTION 51. (a) The provisions and definitions of terms in the Federal-State Extended Unemployment Compensation Act of 1970 apply to this section.

        (b) To the extent that the provisions and definitions of terms in the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) are in conflict with, or supplement, the provisions and definitions applicable pursuant to subsection (a) above, the provisions and definitions of the American Recovery and Reinvestment Act of 2009 shall apply to this section. 
        (c) With respect to weeks of unemployment beginning on or after February 22, 2009, and continuing until the week ending prior to the last week for which 100 per cent federal sharing is authorized by subdivision (a) of Section 2005 of Public Law 111-5 for all claims except for entities described in Section 3306(c)(7) of the Internal Revenue Code, the following shall apply: 

(1) In addition to the "state 'on' indicator" set forth in paragraph (d) of subsection (1) of section 30A of chapter 151A of the General Laws, there shall be a "state 'on' indicator" for the commonwealth for a week if the director determines, in accordance with the regulations of the United States Secretary of Labor, that:

 (A) the rate of insured unemployment for the period consisting of such week and the immediately preceding 12 weeks equaled or exceeded 6 per cent, regardless of the rate of insured unemployment in the 2 previous years; or     

(B) (i) the average rate of total unemployment (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all states are published before the close of such week equals or exceeds 6.5 per cent; and

(ii) the average rate of total unemployment (seasonally adjusted) for the three-month period referred to in clause (i) equals or exceeds 110 per cent of such average rate for either or both of the corresponding three-month periods ending in the 2 preceding calendar years.

(2) There shall be a state "off" indicator for the commonwealth for any week if none of the requirements specified in paragraph (1) and in paragraph (d) of subsection (1) of section 30A of chapter 151A are satisfied.

(3) (A) For purposes of this subparagraph, the term "high unemployment period" means any period during which an extended benefit period would be in effect if clause (i) of subparagraph (B) of paragraph (1) were applied by substituting "8 per cent" for "6.5 per cent."

(B) Effective with respect to weeks beginning in a high unemployment period, subsection (5) of section 30A of chapter 151A shall be applied by substituting - (1) "80 per cent" for "fifty per cent" in paragraph (a), (2) "20" for "thirteen" in paragraph (b), and (3) "46" for "thirty-nine" in paragraph (c) of said subsection.

        (d) The indicators specified in subsection (c) above shall be operative only if mandated or permitted by federal law. 
        (e) Notwithstanding any other provision of this section, the governor may, if permitted by federal law, suspend the payment of extended unemployment benefits under this section, to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal Supplemental Appropriations Act of 2008 (Public Law 110-252), the Unemployment Compensation Extension Act of 2008 (Public Law 110-449), and the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), and that the state receives maximum reimbursement from the federal government for the payment of those emergency benefits. 
 (f) This section shall not be implemented unless the director of the department of workforce development determines that these provisions have been approved by the United States Department of Labor. The director shall immediately provide a copy of this section to the United States Department of Labor for review.