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Legislative
Agent Registration Fee Increase
SECTION 4. Section 41 of chapter 3 of the General Laws is hereby amended by striking the second paragraph and inserting in place thereof the following:-
The state secretary shall assess each executive and legislative agent a filing fee upon entering said agent's name upon the docket. Registration fees shall be $1,000 for initial annual registration and $1,000 for subsequent annual registrations.
Executive Office of Economic Affairs Reorganization
1
SECTION 5. Section 17A of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "finance", in line 3, the following words:- , the secretary of economic affairs.
Alcoholic Beverage Control Commission
SECTION 6. Chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out sections 43, 44, and 45.
SECTION 7. Section 116A of chapter 6 of the General Laws, as amended by section 4 of chapter 196 of the Acts of 2002, is hereby further amended by striking out, in line 15, the words "metropolitan district commission”.
Assessing Photo ID Cards for the Blind
SECTION 8. Section 135 of chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following paragraph:—
The fee for each identification card issued by the commission shall be not less than $15. This card shall be valid for 5 years and then may be renewed for a fee of not less than $15. If a card is lost or stolen, the commission may issue a duplicate card for a fee of not less than $10. No fee shall be collected from a person registered with the commission who is receiving supplemental security income pursuant to title XVI of the federal Social Security Act, 42 U.S.C. §1381 et seq. The commission shall determine these fees annually by regulation.
Assessing Certifications for the Blind
SECTION 9. Section 136 of said chapter 6, as so appearing, is hereby amended by adding the following paragraph:—
The commission may issue a certificate of blindness to certify that a resident of the commonwealth is legally blind as defined in this section. The commission shall charge a fee of not less than $10 for each certificate of blindness that it issues. No fee shall be collected from a person registered with the commission who is receiving supplemental security income pursuant to title XVI of the federal Social Security Act, 42 U.S.C. §1381 et seq. The commission shall determine this fee annually by regulation.
Transfer of the Committee on Criminal Justice to the
Executive Office of Public Safety
SECTION 10. Section 156 of chapter 6 of the General Laws is hereby amended by inserting after the word “be” in line 1 the following words:- ,within the executive office of public safety,.
SECTION 11. Section 156 of said chapter 6, as amended by section 12 of chapter 196 of the Acts of 2002, is hereby further amended by striking out, in line 7, the words "metropolitan district commission”.
Criminal Offender Records Information Request Fees
SECTION 12. Chapter 6 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking section 172A and inserting in place thereof the following section:—
Section 172A. The criminal history systems board shall assess a fee of $30 for each request for criminal offender record information. Such fees shall not be assessed for such requests from a victim of crime, witness, or family member of a homicide victim, all as defined by section 1 of chapter 258B, from a governmental agency, or from such other person or group of persons as the board shall exempt. The criminal history systems board shall assess a fee of $25 for each request for criminal offender record information from an individual seeking to obtain criminal offender record information pertaining to himself provided, however, that upon a showing of indigency as defined in section 27A of chapter 261, the board shall not impose a fee. All such fees shall be deposited into the general fund.
Sex Offender Registration Fee
Sex Offender Registration Fee
Sex Offender Registration Fee
Sex
Offender Registration Fee
SECTION 13. Said chapter 6 is hereby amended by inserting after section 178P the following section:—
Section 178Q. The sex offender registry board shall assess upon every sex offender a sex offender registration fee of $75, in this section called the sex offender registry fee. The offender shall pay the sex offender registry fee upon his initial registration as a sex offender and annually thereafter on the anniversary of the registration. No such fee shall be assessed or collected until the offender has either (1) waived his right to petition for an evidentiary hearing to challenge his duty to register as a sex offender under section 178L, or (2) completely exhausted the legal remedies made available to him to so challenge the duty to register pursuant to sections 178L and 178M and has not prevailed in his attempt to eliminate that duty. A sex offender’s duty to pay the fee established by this section shall only terminate upon the termination of the offender’s duty to register as a sex offender under section 178G.
The sex offender registry board may waive payment of the sex offender registry fee if it determines that the payment would constitute an undue hardship on the offender or his family due to limited income, employment status, or any other relevant factor. Any such waiver so granted shall be in effect only during the period of time that the offender is determined to be unable to pay the sex offender registry fee. The sex offender registry board shall establish by regulation procedures relative to the collection and waiver of such fee. The sex offender registry fee shall be collected by the sex offender registry board and shall be transmitted to the treasurer for deposit into the General Fund. The sex offender registry board shall account for all such fees received and report these fees annually to the secretary of administration and finance and the house and senate committees on ways and means.
SECTION 14. Section 202 of chapter 6 of the General Laws, as appearing on the 2000 Official Edition, is hereby amended by adding at the end thereof the following paragraph:-
Notwithstanding any general or special law to the contrary, the office of children, youth and family services within the executive office of health and human services shall facilitate the implementation of the stated purpose of the Children’s Trust Fund but shall not exercise any supervision or control with respect to the board.
Executive of Economic Affairs Reorganization 2
SECTION 15. Section 2 of chapter 6A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words "elder affairs" and inserting in place thereof the following words:- economic affairs, elder affairs.
Commonwealth Development Coordinating Council
SECTION 16. Chapter 6A of the General Laws is amended by adding the following new section:-
Section 8B. (a) There shall be a commonwealth development coordinating council responsible for preparing a coordinated development policy for the commonwealth addressing housing, transportation, capital development, economic development and the preservation of environmental resources in the commonwealth.
(b) The council shall be comprised of a chair appointed by the governor, the secretaries of the executive offices of economic development, housing and community development, environmental affairs and transportation and construction, and the commissioners of the department of capital asset management and maintenance, and of the department of energy, or their respective designees. The chair shall serve at the pleasure of the governor. The governor shall appoint the following advisory members: the chairman of the Massachusetts water resources authority, the chairman of the Massachusetts Bay transportation authority, the executive director of a regional transportation authority, three regional planning representatives, a municipal planning representative and a professional planner.
(c) The coordinated development policy shall:
discourage wasteful use of land, water and energy resources;
support revitalization and reinvestment in urban areas and older suburbs; encourage reuse and rehabilitation of existing infrastructure rather than the construction of new infrastructure in undeveloped areas;
protect, to the maximum extent possible, environmentally sensitive lands, natural resources, wildlife habitats and cultural and historic landscapes;
support a range of convenient and affordable transportation choices;
protect economically productive natural areas including farmland and forests;
provide an adequate supply of affordable housing for all income levels throughout each community, particularly households earning 50 per cent or less of the area median income, as defined by the federal department of housing and urban development;
encourage a clear and transparent development approval process; encourage regional solutions and approaches to planning for transportation, housing development and water supply;
require coordination among state agencies on sustainable growth efforts; encourage coordination and cooperation amount all state agencies; and
ensure that funding and construction activities by state agencies do not promote development that is inconsistent with state, regional and local sustainable development plans.
(d) The council shall:
coordinate and make recommendations to capital planning done by agencies and political subdivisions of the commonwealth;
resolve inconsistencies between agency plans and local or regional sustainable development plans;
encourage state agencies to consider secondary growth impact in capital planning and to site facilities in areas with infrastructure rather than undeveloped areas;
direct appropriate agencies to provide technical assistance as necessary to municipalities in their growth planning;
develop comprehensive policies and principles regarding the disposition, reuse and development of surplus commonwealth property which shall maximize the development of affordable housing, particularly near mass transit facilities, minimize environmental impact and respect local and regional input;
develop as part of the coordinated development plan, based on public hearing process, a long-term state-wide transportation plan for the commonwealth that includes planning for inter-modal and integrated transportation;
develop, based on public hearing process, procedures to be used for transportation project selection in which the executive office of transportation and construction, the department of highways and any regional planning district organized pursuant to chapter 40B participate to the extent found to be appropriate by the council; and
establish criteria for project selection to be used in the procedures developed pursuant to clause (7).
Health and Human Services Reorganization 1
SECTION 17. Chapter 6A of the General Laws is hereby amended by striking out section 16, as amended by section 6 of chapter 177 of the acts of 2001, and inserting in place thereof the following section: -
Section 16. The executive office of health and human services shall serve as the principal agency of the executive department for the following purposes: (a) developing, coordinating, administering and managing the health, welfare and human services operations, policies and programs; (b) supervising and managing the organization and conduct of the business affairs of the departments, commissions, offices, boards, divisions, institutions and other entities within the executive office to improve administrative efficiency and program effectiveness and to preserve fiscal resources; (c) developing and implementing effective policies, regulations and programs to assure the coordination and quality of services provided by the secretary and all of the departments, agencies, commissions, offices, boards, and divisions; (d) acting as the single state agency under section 1902(a)(5) of the Social Security Act authorized to supervise and administer the state programs under title XIX, for the programs under titles IV (A), IV (B), IV (E), XX and XXI of the Social Security Act, and for the programs under the Rehabilitation Act; and (e) maximizing federal financial participation for all agencies, departments, offices, divisions and commissions within the executive office.
The executive office of health and human services shall include: (1) the office of elder services, which shall include the department of elder affairs under the direction of a secretary of elder affairs, who shall be appointed by the governor; (2) the office of health services, which shall include the department of public health, the department of mental health, the division of medical assistance and the Betsy Lehman center for patient safety and medical error reduction; (3) the office of children, youth and family services, which shall include the department of social services, the department of transitional assistance, the department of youth services, the office of child care services, the child abuse prevention board and the office for refugees and immigrants; (4) the office of disabilities and community services, which shall include the department of mental retardation, the Massachusetts rehabilitation commission, the Massachusetts commission for the blind, the Massachusetts commission for the deaf and hard of hearing and the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke; (5) the department of veterans’ services under the direction of the secretary of veterans’ services, who shall be appointed by the governor; (6) the managed care oversight board; and (7) the health facilities appeals board.
The governor shall appoint a secretary of health and human services, who shall serve at the pleasure of the governor and shall act as the executive officer in all matters pertaining to the administration, management, operation, regulation, planning, fiscal and policy development functions and affairs of the departments, commissions, offices, boards, divisions and other agencies within the executive office.
The secretary shall have the authority to: (a) through the department of elder affairs and the division of medical assistance and other agencies within the executive office, as appropriate, operate and administer the programs of medical assistance and medical benefits under chapter 118E; provided, however, that the executive office under the direction of the secretary shall be the single state agency under section 1902(a)(5) of the Social Security Act, under Title XIX agency, for programs under titles IV(A), IV(B), IV(E), XX and XIX of the Social Security Act and for programs under the Rehabilitation Act; (b) establish certain rates of payment for health care services pursuant to section 2A of chapter 118G; (c) coordinate and supervise the administration of the executive office and its agencies to promote economy and efficiency and improve service delivery; (d) establish uniform regional and area boundaries for the agencies within the executive office; (e) establish uniform contracting and payment procedures for the executive office and its agencies; (f) develop and implement a management information system for the management of fiscal, client and program data necessary for the efficient administration of the agencies within the executive office; (g) promulgate, pursuant to chapter 30A, regulations regarding the sharing of data, including personal data, between and among the executive office and its agencies, subject to appropriate protections for the confidentiality of client data; (h) execute all instruments necessary for carrying out the business of the executive office and its agencies; (i) acquire, own, hold, dispose of, lease and encumber property in the name of the executive office and its agencies; (j) enter into agreements and transactions with federal, state and municipal agencies and other public institutions and private individuals, partnerships, firms, corporations, associations and other entities on behalf of the executive office or its agencies; (k) charge and collect fees, rentals and other charges as may be reasonable and necessary for carrying out the business of the executive office and its agencies; (l) apply for and accept funds, including grants, bequests, gifts and contributions on behalf of the commonwealth in accordance with section 6 of chapter 29B; and (m) serve as the executive and administrative head of each office, department, division, bureau, section, agency and other administrative unit within the executive office, except as specifically provided by law. The secretary may delegate any of the foregoing powers to an officer having charge of a department, office, division or other administrative unit within the executive office.
The secretary of health and human services may appoint an assistant secretary for each of the following offices: health services; disabilities and community services; and children, youth and family services. The assistant secretaries shall serve at the pleasure of the secretary and shall perform such duties as the secretary shall determine. Notwithstanding any general or special law to the contrary, the secretary may appoint an individual to serve simultaneously as the commissioner of any agency within the executive office and as an assistant secretary for the offices of health services, disability and community services and children, youth and family services. If the secretary appoints an individual to serve simultaneously as a commissioner and assistant secretary, the individual shall only be compensated for service in 1 office.
The secretary may appoint, consistent with sections 3 and 7, whatever personnel he deems necessary or desirable for the effective performance of the executive office. Such personnel shall perform such duties as the secretary shall determine and serve at the pleasure of the secretary.
The secretary shall establish a performance measurement system for the agencies within the executive office, which shall establish program goals, measure program performance against those goals and report publicly on progress to improve the effectiveness of human services programs, service delivery and policy decision-making. The performance measurement system shall require each agency to develop a strategic plan for program activities and performance goals. The system shall require annual program performance reports which shall be submitted to the house and senate committees on ways and means and the joint committee on human services and elder affairs.
Non-Profit Pharmacy Benefits Manager and Coordinated
Procurement Plan
SECTION 18. Chapter 6A of the General Laws is hereby amended by adding the following section:-
Section 16A1/2. (1) Notwithstanding any general or special law to the contrary, the secretary of the executive office of health and human services, in consultation with the secretary of administration and finance and the secretary of public safety, shall, within 180 days of the effective date of this act, develop and implement a coordinated prescription drug procurement plan for all pharmacy benefit plans funded or subsidized, in whole or in part, by the commonwealth, including, but not limited to, the senior drug insurance plan authorized under section 39 of chapter 19A of the General Laws, pharmacy plans under the division of medical assistance, departments of public health, mental retardation and mental health, and corrections, and the pharmacy plan under the group insurance commission authorized under chapter 32A. The plan shall maximize cost savings, efficiencies, affordability and be designed to improve health outcomes, benefits and coverage in such pharmacy benefit plans.
(2) As part of the prescription drug procurement plan, the secretary shall contract with a third party non-profit pharmacy benefits manager to provide pharmacy benefit management services and negotiate pharmaceutical discounts, rebates and/or other prescription related cost savings with pharmaceutical manufacturers on behalf of the commonwealth. The secretary shall contract with a non-profit corporation or establish an inter-governmental service agreement for the provision of pharmacy benefit management services. The non-profit pharmacy benefits management corporation shall have experience in the administration of publicly-funded health benefit plans and shall be qualified to assess and manage the clinical efficacy and cost-effectiveness of the pharmacy benefit plans for the commonwealth. The non-profit pharmacy benefits management corporation shall be deemed to possess a fiduciary responsibility to such pharmacy plans.
(3) The Secretary shall ensure that the procurement plan employs clinically-based tools to maximize cost savings, efficiencies, affordability, and to improve health outcomes and access to pharmacy benefits and coverage and effectively management the pharmacy plans of the commonwealth Such tools may include, but not be limited to:
(a) A statewide preferred drug list, provided that the prescription drugs adopted for said list shall be subject to periodic clinical review and shall be adopted based on evidence from clinical literature;
(b) Clinically appropriate and effective disease management programs to ensure the safe, appropriate, and coordinated utilization of prescription drugs by benefit plan participants, such as comprehensive polypharmacy and duplicate drug therapy monitoring programs;
(c) Development of appropriate processes to ensure access to clinically appropriate prescription drug therapies and medically-necessary prescriptions.
(4) The secretary shall not enter into a contract or agreement with a pharmacy benefits manager unless it shall agree to disclose to the secretary such relevant financial and business information as he may require, in a manner that preserves confidentiality of any propriety information, including but not limited to the following: (a) net cost of prescription drugs purchased or reimbursed for by the commonwealth, including discounts and rebates; and (b) total revenue from pharmaceutical manufacturers directly or indirectly related to utilization of commonwealth plans, such as rebate revenue, marketing funds, grants, access fees, data reporting payments and administrative fees. Such information provided by the pharmacy benefits manager to the secretary shall not be considered a public record under chapter 66 of the General Laws.
(5) No contract currently in existence with any agency or pharmacy benefit plan shall be terminated before its expiration date solely due to the provisions of this section. No contract currently in existence with any agency or pharmacy benefit plan shall be renewed or extended in a manner inconsistent with this section.
(6) For the purposes of paragraph (c) of section 39 of chapter 19A of the general laws, this section shall be considered a successor statute to section 62 of chapter 177 of the Acts of 2001 but shall not be construed to have the effect of repealing chapter 62.
(7) The secretary shall submit, on April 15 of each year, a report detailing the coordinated prescription drug procurement plan to the house and senate clerks, the chairs of the house and senate committees on ways and means and the house and senate chairs of the joint committee on health care. The report shall include, but not be limited to, a review of the pharmacy benefit manager’s designated formulary and an analysis of: 1) the actual discounts or rebates received as a result of the plan and other prescription related cost savings information for each prescription benefit plan funded in whole or in part by the commonwealth; 2) administrative costs relating to the prescription drug benefits in each plan; and 3) disease management or other programs implemented to improve health outcomes including drug therapy coordination and safe utilization of prescription drugs. The report shall also include recommendations for enhancing the benefits provided by each plan, saving costs, reducing inefficiencies and otherwise improving access and quality.
Health and Human Services Reorganization 2
SECTION 19. Section 16B of said chapter 6A, as appearing in the 2000 Official Edition, is hereby amended by adding the following sentence:- This section shall not apply to chapter 118E medical care and assistance to eligible persons aged 65 and over as those services shall be administered by the secretary of elder affairs pursuant to section 1 of chapter 19A.
Interagency Childrens’ Services Teams
SECTION 20. Chapter 6A of the General Laws, as so appearing, is hereby amended by inserting after section 16D the following section:-
Section 16E. The secretary of the executive office of health and human services shall convene interagency children's services teams to establish effective means of collaboration among and between human service agencies and other entities, including but not limited to school districts, for the provision of supports and services to children and to determine which agency or agencies within the jurisdiction of the secretary shall provide or contract for appropriate services to a child in cases when disputes arise among agencies over the delivery of services to a child or when such services are not being provided to a child. For purposes of this section, "agency" shall mean any department, office, commission, board, institution or other agency of the commonwealth within the executive office of health and human services. The teams shall be created on a local or regional basis in accordance with regulations to be developed by the secretary.
The secretary or his designee shall chair the local or regional interagency children's services teams and preside over meetings. Such interagency teams shall also include the commissioner or chief executive officer, or his designee, of the following agencies: the department of public health, the department of social services, the department of education, the department of transitional assistance, the department of mental retardation, the department of mental health, the commission on the deaf and hard of hearing, the Massachusetts rehabilitation commission, the commission for the blind or any other agency as deemed necessary by the secretary to ensure delivery of appropriate and needed services to a child.
The interagency teams shall review such cases on a local or regional basis; seek to identify the assessments and services that might be provided to a family; provide opportunities to receive testimony and evidence from the child, the child's family, the representative of the child or family or the representative or other employee of any agency; designate an agency or agencies to act as a lead agency and develop a plan for collaboration; if necessary, designate an agency or agencies to provide or contract for such services; and direct a designated agency or agencies to accept responsibility for the child and provide or contract for such services.
Students may be referred to the local interagency team by a school district, by any agency or department of the State, or by a parent, guardian, surrogate parent, other service provider of the child, educational advocate or legal advocate representing the child. Written consent of the parent or guardian shall be required prior to any sharing of information concerning a child and all federal and state laws and regulations regarding consent, confidentiality, and privilege shall apply. The child's parent(s), guardian, surrogate parent, educational advocate, or legal advocate shall be provided notice in their primary language of their rights pursuant to this section, including notice of any referral, the requirement for parental consent to the release of any information and records, and copies of all writings produced by the team; shall be part of the interagency team and shall be invited to interagency team meetings and participate actively in its work as it affects their child.
The interagency teams shall have full access to, and the agencies shall provide all information relevant to such cases provided that appropriate consent is provided by parents or students, as may be established by applicable statutes or regulations. All confidential information shall be returned to its originating source upon completion of the team's work and shall not be retained by the interagency team or any member thereof and no member of the interagency team shall disseminate any confidential information revealed to any other individual or entity.
The interagency teams shall keep written records concerning the work of the interagency team with respect to each child referred to it, including information as to the services or placement sought, alternatives considered, conclusions reached, any further recommendations and the membership of the team. The parents, local school district and all relevant agencies shall be promptly informed of the results of the interagency team's work. A student's parents, legal guardian, surrogate parent and educational advocate, and legal advocate shall have the right, upon request, to review or request copies of the written records maintained by the interagency team. Said written records maintained by the interagency team shall be kept by the secretary, shall be kept confidential and shall not be disseminated by any team member.
Nothing herein shall be construed to alter individual education plan development processes, service provision or placement processes applicable to school districts or to alter existing due process rights and procedures under state or federal law. Further, the child and his or her parent(s), legal guardian, or educational surrogate will retain all applicable rights to consent or not to consent to any offered service that might be offered or recommended by the interagency team. Nothing herein shall be construed to require presentation of any issue to the interagency team before using any of the remedies under federal and state law including complaints to the department of education and hearings and mediations before the bureau of special education appeals.
If no collaborative plan is developed and no decision is agreed upon by a majority of the interagency team, the secretary shall designate and require an agency to provide appropriate and needed services to such child. If a designated agency fails to provide services to a child in a manner consistent with the decision of the team, the secretary shall review the matter. If the secretary finds that such decision of the interagency team is reasonable and within the jurisdiction of the designated agency, he shall direct such agency to provide services in accordance with the decision of the interagency team and shall take any other action consistent with state law to ensure that appropriate services are provided to the child.
The secretary shall issue regulations as to the operation of the interagency teams. These regulations shall mandate that the entire team process, including notification to all parties of the team's decision, shall be completed in no less than thirty working days. Said regulations shall set forth an appeal pursuant to chapter 30A to a hearing officer appointed by the secretary.
For purposes of this section, "child" shall mean a person under the age of eighteen, or under the age of twenty-two if such person is disabled or has special needs.
The secretary shall issue an annual report summarizing the activities of the teams during the preceding fiscal year.
Executive Office of Economic Affairs Reorganization
3
SECTION 21. Said chapter 6A is hereby further amended by inserting after section 16F the following section:-
Section 16G. (a) Within the executive office of economic affairs, there shall be a department of business and technology, a department of consumer affairs and business regulation and a department of labor and workforce development. Subject to appropriation, the departments shall be provided with offices in Boston and elsewhere as may be approved by the governor and may expend sums for necessary expenses of those departments. The executive office may accept gifts or grants of money or property whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the departments in the discharge of their duties.
(b) The following state agencies shall be within the department of business and technology: the office of business development, the office of small business and entrepreneurship, the office of science and technology, the office of travel and tourism, the trade office and the office of minority and women business assistance.
(c) The following state agencies shall be within the department of consumer affairs and business regulation: the state racing commission, the division of banks, the division of insurance, the department of telecommunications and energy, the division of professional licensure and the division of energy resources.
(d) The following divisions shall be within the department of labor and workforce development, as further provided for in chapter 23: the division of workplace dispute resolution, the division of employment security and the division of workforce training.
(e) The secretary of economic affairs shall be appointed by the governor and shall be a person of skill and experience in the field of economic development. The secretary shall serve at the pleasure of the governor, shall receive such salary as the governor shall determine and shall devote full time to the duties of his office.
(f) In the case of a vacancy in the office of the secretary or in the case of a disability, as determined by the governor, or in his absence, the governor may designate an acting secretary to serve until the vacancy is filled or the absence or disability, as determined by the governor, ceases. The acting secretary shall have all the powers and duties of the secretary and shall have like qualifications.
(g) The secretary shall appoint a director for each department within the executive office. Any such director and any inspectors and other full-time employees appointed shall devote their full time during business hours to the duties of their offices and shall not engage in other employment or business activities during business hours. In accordance with chapter 30A, the secretary shall require the directors of each department to develop performance measures to evaluate the effectiveness of the individual agencies and programs in accomplishing their missions. The measures shall include, but not be limited to:
income levels of program participants before and after participation in training programs administered by the division, completion rates, placement rates and the total number of individual participants in the division’s programs, employer satisfaction with the programs and direct training expenditures as a share of total expenditures; or
the number of complaints filed, the number of caseworkers per completed case, the number of caseworkers per uncompleted case, the rates of incidences of occupational injuries and illnesses, enforcement actions as a share of complaints received and prevention costs as a share of total program costs.
(h) The secretary shall require the departments within the executive office to report on the measures annually by December 15 to the clerks of the house of representatives and the senate and the house and senate committees on ways and means. In its report, each department may include explanations as to why the measures may or may not give a true indication of the effectiveness of the programs.
(i) The secretary shall establish in the executive office an office of planning and research for economic development. The office shall compile and produce statistics and analyses regarding labor markets and the general economic situation, in order to assist workers and businesses and to assist departments within the executive office in carrying out their missions. The secretary may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America or its agencies, for the purpose of assisting the office in the discharge of its duties. Subject to appropriation, the secretary may appoint a senior staff member who shall be responsible for developing a comprehensive plan to promote economic development in all regions of the commonwealth. Nothing in this section shall confer any powers or impose any duties upon the secretary with respect to the foregoing agencies except as expressly provided by law.
SECTION 22. Section 18 of chapter 6A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word “police”, in line 7, the following words:- ; the office of commonwealth security; the department of forensic sciences.
SECTION 23. Section 18 ½ of chapter 6A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The secretary shall, subject to the provisions of section 3, appoint 3 undersecretaries.
SECTION 24. Section 18½ of chapter 6A, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:-
One undersecretary shall be the undersecretary of commonwealth security and shall oversee the functions and administration of the office of commonwealth security and shall be responsible for developing, coordinating, implementing and overseeing policies and programs relative to commonwealth security and emergency preparedness and administering state and federal grant programs to provide comprehensive initiatives relative to commonwealth security and emergency preparedness. Said undersecretary shall advise the secretary on all matters relative to anti-terrorism and emergency preparedness, develop and implement such policies and procedures as he deems necessary to carry out the mission of said office and coordinate with appropriate federal, state and local law enforcement and criminal justice agencies to develop cohesive strategies to ensure the security of the commonwealth and its residents.
SECTION 25. Section 4A of chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting at the end thereof the following paragraphs:-
In the event a new governmental mandate effective on or after July 1, 2003 is imposed upon a contractor providing a social services program, as defined in section 274 of chapter 110 of the acts of 1993, to a governmental unit, as defined in said section, and compliance with such governmental mandate has or will have a material adverse financial impact on the contractor, the governmental unit shall negotiate a contract amendment with the contractor to increase the maximum obligation amount or unit price to offset the material adverse financial impact of the new governmental mandate, provided that the contractor furnishes substantial evidence to the governmental unit of such material adverse financial impact along with a request to renegotiate based on a new governmental mandate.
For the purposes of this section, a “new governmental mandate” shall mean a statutory requirement, administrative rule, regulation, assessment, executive order, judicial order or other governmental requirement that was not in effect when the contract was originally entered into and directly or indirectly imposes an obligation upon the contractor to take any action or to refrain from taking any action.
For the purposes of this section, a “material adverse financial impact” shall mean: (a) an increase in the reasonable costs to the contractor in performing the contract of the lesser of (i) three percent (3%) of the maximum obligation amount or unit price of the contract, or (ii) five thousand dollars ($5,000), in aggregate as a result of all such mandates in effect during the contract year; or (b) an action that affects the core purpose and primary intent of the contract.
Any contractor aggrieved by a decision of a governmental unit denying or failing to negotiate a contract amendment to remedy a material adverse impact of a new governmental mandate pursuant to the provisions of this section may appeal such adverse decision to the division of administrative law appeals in accordance with the section 4H of said chapter 7 for a hearing and decision de novo on all issues. A contractor’s request for contract amendment shall, for purposes of appeal, be deemed to have been denied if a determination is not received within 30 days of the governmental unit’s receipt of the request. A contractor or governmental unit may appeal an adverse decision of the division of administrative law appeals to the Superior Court, Suffolk Division, pursuant to chapter 30A.
Authorizing State Agencies and Departments to Procure
Private Advertising Revenue
SECTION 26. Chapter 7 of the General Laws is hereby amended by inserting, after section 4P, the following new section:-
Section 4Q. The commissioner may promulgate regulations authorizing an agency or department to:
(1) Enter into agreements with private vendors for the publication or production of public information brochures, pamphlets, audiotapes, videotapes, licenses or permits and related materials for distribution without charge to the public. Unless the vendor agrees to provide additional compensation, costs of publication or production will be borne in whole or in part by the vendor in exchange for the right to select, sell and place advertising that publicizes products or services related to and harmonious with the subject matter of the publication.
(2) Retain the right, by agreement, to approve all elements of an advertisement placed in such public information materials, including the form and content thereof.
Privatization Threshold Increase
SECTION 27. Chapter 7 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended, in section 53, by striking, in line 16, the words “one hundred thousand dollars” and inserting, in place thereof, the following:-
two hundred thousand dollars, provided that as of January 1 of every year, the amount shall increase to reflect increases in the consumer price index calculated by the United States Bureau of Labor Statistics for all urban consumers nationally during the most recent 12-month period for which data are available,
Definition of Balanced Budget 1
SECTION 28. Paragraph (a) of section 12 of chapter 7A of the General Laws, as appearing in the 2000 Official Edition, is hereby by amended by striking out, in lines 19 and 20, the words “consolidated net surplus in the operating funds” and inserting in place thereof the following words: - consolidated net surplus in the budgetary funds.
Extension of Revenue Intercept Program to Housing Authorities
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SECTION 29. Subsection (a) of section 18 of chapter 7A of the General Laws, as inserted by section 8 of chapter 184 of the acts of 2002, is hereby further amended by inserting, after the words “agency of a city or town” the following words:— , housing authority,
SECTION 30. Section 9 of chapter 8, as so appearing, is hereby amended by striking out, in line 19, the words “district commission” and inserting in place thereof the following word:- park.
SECTION 31. Said section 9 of said chapter 8, as so appearing, is hereby further amended by striking out, in line 20, the word “security” and inserting in place thereof the following words:- security; provided, further that the commissioner shall utilize the members of the former metropolitan district commission rangers program for such security;.
State House Special Events Fund II
SECTION 32. Chapter 8 of the General Laws is hereby amended by striking out section 9A and inserting in place thereof the following:
Section 9A. The state superintendent of state office buildings is hereby authorized and directed to establish and charge a fee or service charge to non-governmental individuals, entities and groups using the state house for meetings, receptions or exhibits, which may be waived at the discretion of the superintendent. The superintendent or his designee shall establish such fees or charge based upon the actual cost of use including personnel, requests for security preparation equipment replacement and cleanup and utilities used, as well as compensation for wear on the building. The superintendent or his designee shall also have the authority in his discretion to require non-government entities to enter into a written agreement indemnifying the commonwealth against any claims for casualty liability and may require the posting of an insurance bond. All monies received by the superintendent under this section shall be by check made payable to the State House Special Event Fund and shall be deposited in the State House Special Event Fund established by section thirty-five P of chapter ten; provided, however, that said superintendent may retain an amount not to exceed $200,000 to be expended after consultation with the state secretary for equipment replacement and educational and cultural programs at the state house.
SECTION 33. Section 10 of chapter 10 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking the second paragraph and inserting in place thereof the following:—
The Treasurer shall prepare and submit to the house and senate committees on ways and means on or before the last day of August, November, February, and May, official cash flow projections for the current fiscal year and for the fiscal quarters beginning October 1, January 1, April 1, and July 1, respectively.
Natural Heritage and Endangered Species Fund -Trust
SECTION 34. Section 35D of chapter 10 of the general laws is hereby amended by striking out, in line 15, the following words:- subject to appropriation.
SECTION 35. Section 35G of chapter 10 of the General Laws is hereby repealed.
Low Level Radioactive Waste Trust Fund Repeal
SECTION 36. Section 35H of said chapter 10 of the General Laws is hereby repealed.
SECTION 37. Section 35L of said chapter 10 is hereby repealed.
State House Special Events Fund I
SECTION 38. Section 35P of chapter 10 of the general laws is hereby amended by striking the section in its entirety and replacing it with the following section:-
There shall be established upon the books of the commonwealth a separate fund to be known as the State House Special Event Fund. The superintendent of state buildings is hereby authorized and directed to establish and charge a fee or service charge to non-governmental individuals, entities and groups using the state house for meetings, receptions, or exhibits, which may be waived at the discretion of the superintendent. The superintendent or his designee shall establish such fees or charge based upon the actual cost of use including personal requests for security preparation, equipment replacement, cleanup and utilities used as well as compensation for wear on the building. The superintendent or his designee shall also have the authority in his discretion to require non-governmental entities to enter into a written agreement indemnifying the commonwealth against any claims for casualty liability and may require the posting of an insurance bond. All monies received by the superintendent under this section shall be by check made payable to and deposited in the State House Special Event Fund; provided, however, that said superintendent may retain an amount not to exceed $200,000 annually to be expended after consultation with the state secretary for equipment replacement and educational and cultural programs at the statehouse.
Diversity Awareness Fund Repeal
SECTION 39. Section 35Q of said chapter 10 is hereby repealed.
Teacher Principal Superintendent Quality Endow Fund
Repeal
SECTION 40. Section 35S of chapter 10 of the General Laws is hereby repealed.
Division of Professional Licensure Fees
SECTION 41. Section 35V of chapter 10 of the General Laws, as appearing in section 7 of chapter 177 of the acts of 2001, is hereby amended by inserting after the words “subsection (b)” in the first sentence the following words:- “and (c)”.
Division of Professional Licensure Fees
SECTION 42. Section 35V of said chapter 10 of the General Laws, as so appearing, is hereby further 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 secretary of administration and finance, following a public hearing, shall increase fees for obtaining and renewing a license, certificate, registration, permit or authority issued by a board within the division of professional licensure by an amount not to exceed 50 per cent, rounded to the nearest dollar, of the fees in effect as of July 1, 1996 to be expended by the director of the division of professional licensure pursuant to subsection (a). The secretary of administration and finance may increase the fees of any board of registration established subsequent to July 1, 1996 based on the amount of the fee at the time of the board’s original promulgation by the secretary of administration and finance. The secretary of administration and finance shall promulgate regulations to effect the change in fees no later than 45 days following the fee increase.
Division of Professional Licensure Fees
SECTION 43. Section 35V of said chapter 10 of the General Laws as so appearing, is hereby further amended by inserting after subsection (b), the following subsection:-
(c) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by board and also fees for an appeal, variance request, approval, plan review, duel fuel review and any and all other ancillary fees charged for services with the division of professional licensure as set forth in 801 CMR 4.02 by an additional amount not to exceed 50 per cent, rounded to the nearest dollar, of the fees in effect on January 1, 2003 or at the time of the original promulgation of the board, whichever date is later. Amounts collected pursuant to this subsection shall become part of the fund established pursuant to subsection (a) of this section and shall be expended by the director of the division of professional licensure pursuant to subsection (a) of this section.
SECTION 44. Section 35X of chapter 10 of the General Laws, as so inserted by section 10 of chapter 184 of the acts of 2002, is hereby amended by inserting at the end thereof the following new subsection:—
(C)Notwithstanding the provision of any general or special law to the contrary, the secretary of administration and finance, following a public hearing, shall increase the fee for obtaining or renewing a license, certificate, registration, permit or authority issued by a board within the department of public health by an additional amount not to exceed 50 percent, rounded to the nearest dollar, of the fees in effect prior to the fee increases authorized pursuant to subsection (b), provided, that the fees for any board that has not increased fees pursuant to subsection (b) shall be increased by an amount not to exceed 100 percent. One hundred percent of this increase shall be directed to the Quality in Health Professions Trust Fund.
Domestic Violence and Family Health Preservation Trust
Fund
SECTION 45. Chapter 10 of the General Laws, 2000 Official Edition, shall be amended by inserting after section 35X the following:-
"Section 35Y. (a) There shall be established upon the books of the commonwealth a separate fund to be known as the Trust Fund for the Prevention of Sexual and Domestic Violence and the Preservation of Family Health. There shall be credited to such fund all revenues received by the commonwealth from surcharges imposed by Sections 489 and 561 of this act; from speaking fees as described in Section 489 and 561 of this act; from appropriations; from gifts, grants, contributions and bequests of funds from any department, agency or subdivision of federal, state or municipal government, and any individual foundation, corporation, association or public authority; revenue derived from the investment of amounts credited to the fund; and any federal funds made available.
(b) Amounts credited to the fund shall be available for expenditure by the department of public health without further appropriation, through a competitive grant process. Successful grants shall provide sexual assault and domestic violence prevention programs focused on reducing the long term effects and incidences of sexual assault and domestic violence including teen dating violence, programs focused on providing family planning services, programs focused on providing sexual assault prevention services, or programs focused on providing gay and lesbian youth suicide and violence prevention services. Successful grantees shall be community based non-profit organizations with a history of addressing the issues stated herein or units of government in collaboration with one or more community based non-profit organizations with a history of addressing the issues stated herein.
(c) The department of public health shall establish and chair an advisory board for the purpose of establishing priorities for the distribution of the funds. The members of this advisory board shall include, but not be limited to, one representative from each of the following entities; The department of education, the executive office of public safety, the attorney general's office, the Massachusetts office for victim assistance, the disabled persons' protection commission, the department of social services, the department of transitional assistance and Jane Doe Inc.
(d) The department of public health may expend from the fund such amounts as are necessary for the department to administer the fund and shall annually submit a report to the house and senate committees on ways and means detailing the collections and disbursements of the fund.
SECTION 46. Section 47 of chapter 10 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word “year” in line 31 the following sentence:—
The state treasurer and state auditor shall be equally responsible for all administrative costs associated with the board.
Victim Witness Assistance
Fund Repealed
SECTION 47. Section 49 of chapter 10 of the General Laws is hereby repealed.
SECTION 48. Section 51 of said chapter 10 is hereby repealed.
Taking the Head Injury Trust Fund Off Budget
SECTION 49. Section 59 of chapter 10 of the General Laws is amended by striking out the fourth and fifth sentences thereof and inserting in place thereof the following sentences:- Funds collected pursuant to said sections 24 and 20 shall be expended without further appropriation for the purpose of developing and maintaining residential and nonresidential rehabilitation services for head injured persons in such manner as the commissioner of rehabilitation may direct. In order to ensure that said services established by the commissioner continue without interruption, the comptroller may certify for payment amounts in anticipation of revenues collected for the corresponding quarter during the previous fiscal year.
Alcoholic Beverage Control Commission
SECTION 50. Chapter 10 of the general laws, as appearing in the 2000 official edition, is hereby amended by adding at the end thereof the following sections:-
Section 66. There shall be a commission to be known as the alcoholic beverages control commission, to consist of a commissioner and two associate commissioners appointed by the treasurer. Not more than two members shall be members of the same political party. The commissioner and one associate commissioner shall serve terms coterminous with that of the treasurer. One associate commissioner shall serve a four-year term. The commissioner shall serve as chairman and shall devote his full time during business hours to his official duties. The positions of commissioner and associate commissioners shall be classified in accordance with section 45 of chapter 30, and their salaries shall be determined in accordance with section 46C of said chapter 30. Any vacancy may be filled in like manner for the remainder of the unexpired term. The treasurer may remove any member for neglect of duty, misconduct, or malfeasance in office, after providing said member a written statement of the charges and an opportunity to be heard thereon. Two members shall constitute a quorum for the purpose of conducting the business of the commission. A vacancy shall not impair the right of the remaining members to exercise the powers of the commission.
Section 67. The commission shall have general supervision of the conduct of the business of manufacturing, importing, exporting, storing, transporting, and selling of alcoholic beverages as defined in section 1 of chapter 138, and also of the quality, purity, and alcoholic content thereof.
The commission shall submit to the governor, the treasurer, and to the general court, as soon as possible after the end of each state fiscal year a full report of its action and of the conduct and condition of traffic in alcoholic beverages during such year, together with recommendations for such legislation as it deems necessary or desirable for the better regulation and control of such traffic and for the promotion of temperance in the use of such beverages. The members shall receive their necessary traveling and other expenses incurred while in the performance of their official duties.
Section 68. The commission may appoint and remove a secretary. It may expend for such investigators, clerical, and other assistants as may be necessary for the performance of its duties such amounts as may be appropriated and said employees shall retain all collective bargaining and other rights previously held. The commissioner may appoint a chief investigator and other investigators, who shall be exempt from chapter 31, for the purpose of enforcing or causing to be enforced the penalties provided by law against every person who is guilty of a violation of chapter 138 of the general laws of which they can obtain reasonable proof, and shall make all needful and appropriate investigations for the said purpose. Each person who receives an appointment as an investigator shall complete a basic reserve police officer training course through the criminal justice training council and attend a basic training course conducted by the commission. All investigators shall attend an annual in-service training course pursuant to this section. Each member of the commission, and each of its employees having access to moneys received by it, shall give to the treasurer a bond for the faithful performance of his duties in a penal sum and with sureties approved by the treasurer.
Additional Penalties for Board of Professional Licensure
SECTION 51. Chapter 13 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 9B the following section: --
Section 9C. Each board of registration shall be immune from liability for actions taken in good faith in the discharge of its responsibilities. Board members acting in good faith in the discharge of their duties shall be defended by the attorney general and shall be eligible for indemnification of all costs and damages arising from claims and suits against them.
Members of Board of Higher Education
SECTION 52. Chapter 15A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out section 4 and inserting in place thereof the following section:-
Section 4. The board of higher education, hereinafter referred to as the board, shall be composed of 2 non-voting members and 9 voting members, consisting of the commissioner of education, ex officio, 5 members appointed by the governor, reflecting regional geographic representation, and 3 members chosen to represent public institutions of higher education. Of the appointed members, at least one shall be a representative of organized labor, at least one shall be a representative of the business community, and one shall be a member whom the governor shall choose from among no more than three full-time undergraduate students who shall be nominated, and who are currently enrolled in a public institution set forth in section five. Nominated students shall have maintained satisfactory academic progress as determined by the policy of the institution at which such student is enrolled. Nominations shall be submitted by student members of the board of trustees for each such institution who, for the purpose of this section, shall be referred to as the student advisory committee. Such nominations may include, but not be limited to, students elected as trustees in accordance with the provisions of section 21. Of the 3 members chosen to represent public institutions of higher education, 1 shall be selected by vote of the chancellors of the state university campuses, 1 by vote of the presidents of the state colleges, and 1 by vote of the presidents of the community colleges. The 2 non-voting members shall be the house and senate chairs of the joint committee on education, arts, and humanities, or their designees. There shall be an office of the board consisting of a chancellor and employees appointed by said board.
Members of the board shall be appointed to serve five-year terms, except that the undergraduate student members shall be appointed annually to serve a term of one year's duration commencing initially upon appointment by the governor and expiring on April thirtieth and every year thereafter commencing on May first and expiring on April thirtieth as long as the member remains a full-time undergraduate throughout his one-year term. Within three consecutive years the student appointee shall be in the first year a student attending the state university, and in the second year a student attending a community college, and in the third year a student attending a state college. This cycle shall repeat. For the purpose of this section the Massachusetts College of Art and the Massachusetts Maritime Academy shall be deemed to be state colleges. Each of the student government associations at each of said public institutions may submit to the student advisory committee an individual nominated to be the undergraduate student member of the board. All guidelines for procedures and deadlines for the selection process of the undergraduate board members shall be established by the said student advisory committee, except as herein provided. No member shall be appointed for more than two consecutive terms, except that any student member may serve for one term only. Upon expiration of the term of office of a member, a successor shall be appointed in like manner. A vacancy shall be filled by the governor for the remainder of the term. The chairperson of the board, who shall be appointed by the governor, shall notify the governor whenever such vacancy exists. The board shall have an executive committee and such other committees as the board may from time to time establish.
The members of the board shall serve without compensation but shall be reimbursed for all expenses reasonably incurred in the performance of their duties.
No member of the board, except those members chosen to represent public institutions of higher education, shall be principally employed within the public higher education system of the commonwealth. No more than 2 of the voting members appointed by the governor shall be principally employed by the commonwealth. A member of the board shall cease to be a member if such member ceases to be qualified for appointment or if he is absent from five regularly scheduled meetings during any calendar year.
A person affiliated with an independent institution of higher education shall be eligible for membership on said board. No member of said board shall be found to be in violation of section 6 of chapter 268A for conduct which involves his participation, as a member of the board, in a particular matter before the board which may affect the financial interest of an independent institution of higher education with which he is affiliated; provided, however, that said member, his immediate family or partner, has no personal and direct financial interest in said particular matter; and provided, further, that such affiliation is disclosed to said board and recorded in the minutes of the board.
The board shall meet six times per year, and at least once every two months, omitting meetings in the months of July and August; the chair may call additional meetings at other times.
Six members of the board shall constitute a quorum, and the affirmative vote of 5 members shall be necessary for any action taken by the board.
All members of the board appointed by the governor shall be appointed according to the provisions of section 18B of chapter 6.
SECTION 53. Section 9 of chapter 15A of the General Laws is hereby amended by striking out, in line 16, as appearing in the 2000 Official Edition, the words “colleges, branches or institutions as it deems advisable” and inserting in place thereof the following words:- branches or institutions as it deems advisable. The council shall not close colleges without the authorization of the general court.
Analysis by Board of Higher Education of Economic Trends
SECTION 54. Said section is hereby further amended by inserting, in line 20, as so appearing, after the words “in the commonwealth” the following new words:- . Such analysis should include, but not be limited to, an analysis of state and local labor market trends and the economic development plans of the commonwealth.
Board of Higher Education Five Year Master Plan
SECTION 55. Said section is hereby further amended by inserting in line 24, as so appearing, after the words “which plan shall take into account” the following new words:- the analysis mandated in clause (c) of this section and.
SECTION 56. Said section is hereby further amended by striking out, in lines 67 to 70, inclusive, as so appearing, the words,“; provided, that fees as defined by said guidelines, shall not exceed twenty-five percent of total student charges for the state colleges and the community colleges.”
Submission of Data by Higher Education Campuses
SECTION 57. Said section is hereby further amended by inserting, in line 99, as so appearing, after the words “on standardized examinations.” the following new sentence:-
In order to facilitate the timely use of such data, the board shall, in consultation with the public institutions of higher education, establish a schedule for submission of such data.
Higher Education Tuition Retention
SECTION 58. Chapter 15A of the General Laws is hereby amended by inserting after section 9B the following section:-
Section 9C. Notwithstanding any general or special law to the contrary, all tuition and fees received by a board of trustees of a public college or university shall be retained by the board of trustees of each institution in a revolving trust fund or funds and shall be expended as the board of the institution may direct. Any balance in the trust funds at the close of a fiscal year shall be available for expenditure in subsequent fiscal years and shall not revert to the General Fund.
Allocation of Funds to Higher Education Campuses
SECTION 59. Section 15 of said chapter 15A, as appearing in the 2000 Official Edition, is hereby amended by striking out the fourth paragraph.
Higher Education Funding Formula
SECTION 60. Section 15B of said chapter 15A, as appearing in the 2000 Official Edition, is hereby amended by inserting after the second paragraph, the following new paragraph:-
Boards of trustees in each segment of the higher education system shall prepare their budget request in accordance with funding formulas approved by the board of higher education. The board of higher education shall develop said formulas for the institutions within the state and community college segments in consultation with the boards of trustees. The university trustees shall develop funding formulas in consultation with the campus administrations and submit said formulas for approval by the board of higher education. All funding formulas shall be periodically reviewed and revised as needed.
Submission of Budget Requests for Higher Education
Campuses
SECTION 61. Said section 15B, as so appearing, is hereby further amended by striking out, in lines 23 to 25, inclusive, the words “attaching whatever comments and recommendations it may desire or deem necessary. Said comments and recommendations shall be consistent with the aforementioned funding formulas, statewide needs and the adopted institutional and system long range plans.” and inserting in place thereof the following words:-
and shall attach comments and recommendations for use by the secretary of administration and finance, the house and senate committees on ways and means and the joint committee on education, arts and humanities. In the case of the university, it shall be the responsibility of the trustees to submit comments and recommendations regarding the budget requests of individual campuses within the university system to the board of higher education. In the case of any institution, or the university, having failed to submit data according to the schedule established under the provisions of section 9 (s) of this chapter, the board of higher education may withhold transmittal of the budget request from that board of trustees to said secretary and committees. The comments and recommendations attached by the board of higher education for each state and community college and by the board of trustees of the university for each university campus, shall be consistent with the aforementioned funding formulas, statewide needs, performance measurement standards, as well as the mission statements and five-year plans for individual campuses and the public higher education system as a whole. They shall also reflect analysis by the respective boards for each campus regarding progress made by the campuses in fulfilling strategic plans including, but not limited to, significant achievements and progress in addressing any previously identified deficiencies. Said comments and recommendations shall be made available to the individual institutions and campuses prior to submission to the secretary and legislative committees with sufficient time allowed to provide opportunity for comment and response by those institutions and campuses.
Submission of Higher Education Data
SECTION 62. Section 22 of said chapter 15A, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 41 to 43, inclusive, the words “on or before the first Wednesday of December in each year; (m) submit financial data and an annual institutional spending plan to the council for review,” and inserting in place thereof the following words:- to the board of higher education according to a schedule determined by said board in consultation with the board of trustees; (m) submit financial data and other data as required by the board of higher education for the careful and responsible discharge of its purposes, functions, and duties. Said data shall be reported annually to the board of higher education according to a schedule determined by said board in consultation with the board of trustees. The board of trustees shall also submit an annual institutional spending plan to the council for review, comment, and transmittal to the secretary for administration and finance and the house and senate committees on ways and means and the joint committee on education, arts and humanities.
SECTION 63. Said section 22, as so appearing, is hereby amended by striking out, in lines 56 and 57 the words “, initially, by January first, nineteen hundred and ninety-three and every two years thereafter” and inserting in place thereof the following words:- annually to the board of higher education according to a schedule determined by said board in consultation with the board of trustees. (p) The board of trustees of institutions with the potential to expand their mission, profile, and orientation to a more regional or national focus may submit to the board of higher education, for its approval, a five-year plan embracing an entrepreneurial model which leverages that potential in order to achieve higher levels of excellence. Such plans shall include, but not be limited to, budget and enrollment projections for each year, projections for total student charges for each year, projections for in-state and out-of-state enrollments for each year, and plans to insure continuing access to the institution by residents of the Commonwealth, and affirmative action policies and programs that affirm the need for and a commitment to maintaining and increasing access for economically disadvantaged and minority students.
Fees for Higher Education Record Keeping
SECTION 64. Said chapter 15A, as appearing in the 2000 Official Edition, is hereby amended by inserting after section 40 the following new section:-
Section 41. The board of higher education may establish fees to be charged to independent institutions of higher education which seek approval of articles of organization, articles of amendment, or foreign corporation certificates pursuant to sections 30, 30A, 31, and 31A of chapter 69 and which transfer records to the board of higher education pursuant to section 31B of said chapter. The revenue received from the collection of said fees shall be retained by the board of higher education in a revolving trust fund or funds and shall be expended solely for carrying out the provisions of said sections. Fees shall not be greater than the costs incurred by the board of higher education in implementing said sections. The board of higher education shall report annually to the house and senate committee on ways and means the amount of funds collected by such fees and any expenditures made from such funds.
SECTION 65. Chapter 16 is hereby amended by striking out section 19, as appearing in the 2000 Official Edition, and inserting in place thereof the following section:-
Section 19. The department may dispose of solid wastes, from whatever source, in any manner and at any site which is determined by the department to meet the siting criteria established under section 150A ½ of chapter 111. The department may purchase, lease, acquire, receive by gift, or take by eminent domain under chapter 79 any land, structures, facilities and easements necessary for solid waste disposal. As used in this section, the term solid waste disposal shall include storage or treatment of residual waste. To carry out the provisions of this section, the department may contract with any person, firm, corporation, or body politic to plan, design, manage, construct, maintain or operate solid waste disposal facilities and to otherwise implement this section, and may accept any gifts or grants of money or property, whether real or personal, from any source, including but not limited to the United States or its agencies relative to the disposal of solid waste. The department may contract with users, public and private, including agencies of the commonwealth and its political subdivisions, to dispose of solid waste. The department may lease any land acquired under this section for solid waste disposal to any person, firm or corporation for the purpose of constructing, operating and maintaining a privately owned solid waste processing disposal facility or related facility, including facilities related to the processing, marketing or manufacture of materials recovered from solid waste. The department, on a continuing basis, shall review and make recommendations on the manner of operation and adequacy from an environmental quality standpoint of any solid waste disposal facility planned, established or operated under section 18 to 24, inclusive, by the secretary, and subject to appropriation such recommendations shall be implemented by the secretary. Any land acquired under this section may be disposed of by the commonwealth pursuant to chapter 7 upon termination of a solid waste disposal facility or completion of use of a site, with the concurrence of the department in the best interests of the commonwealth and for a use compatible with local zoning by-laws or ordinances; provided, however, that in no event shall such land be so disposed of unless a written offer is made to the city or town wherein such land lies for an amount of money not less than the principal amount remaining to be paid on bonds issued to meet the capital outlay expenditures relative to such land and such offer is not accepted within 2 months after being made or is refused by the mayor of the city or the board of selectmen of the town wherein such land lies.
The department shall not exercise its eminent domain authority as authorized herein with respect to sites for residual waste treatment, processing or disposal until all permits, licenses and approvals of the city or town wherein the site lies have been granted, a siting agreement has been established pursuant to sections 12 and 13 of chapter 21D, and the approval of said exercise of eminent domain authority has been obtained by a majority vote of the city council, board of aldermen, or board of selectmen of said city or town.
Solid Waste Disposal Fund Repeal
SECTION 66. Section 23 of chapter 16 of the General Laws is hereby repealed.
Insurers Information –Sharing with Departments
SECTION 67. Section 5G of chapter 18 of the General Laws, as most recently amended by section 10 of chapter 177 of the acts of 2001, is hereby further amended by inserting at the end thereof the following sentence:— Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, all insurers doing business in the commonwealth, shall provide information requested by the department of transitional assistance and the division of medical assistance for use by said agencies for the purpose of recovering public assistance benefits under this section and section 22 of chapter 118E.
Domestic Violence Training Fees
SECTION 68. Chapter 18B of the General Laws is hereby amended by inserting after section 4 the following new section:-
Section 4A. The department may charge fees for training services that it provides to persons or entities outside the department. In establishing a schedule of fees, the department may take into consideration the ability of the persons or entities requesting training services to pay.
Health and Human Services Reorganization 3
SECTION 69. Section 1 of chapter 19A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The secretary shall administer chapter 118E relative to medical care and assistance to eligible persons aged 65 and older. The secretary shall be responsible for administering and coordinating a comprehensive system of long-term care benefits and services for elderly persons, including institutional, home-based and community-based care and services.
Health and Human Services Reorganization 4
SECTION 70. Said chapter 19A is hereby further amended by striking out section 4B, as so appearing, and inserting in place thereof the following section:-
Section 4B. The department shall manage the home care program established in section 4 with respect to clinical screening, service authorization activities and case management for Medicaid community-based long-term care made available to eligible elderly persons pursuant to chapter 118E and the regulations promulgated thereunder; provided, however, that the programs and activities authorized by this section shall be administered and coordinated in accordance with the single state agency requirement under 42 CFR Part 431 and other applicable requirements of Title XIX of the Social Security Act, or its successor title. The primary goal of the coordinated system of care shall be to assist elders in maintaining their residences in the community consistent with their clinical and psychosocial needs in the most cost-effective manner possible. As used in this section, the word "Medicaid" shall mean medical care and assistance provided to eligible persons pursuant to said chapter 118E and said Title XIX or its successor title, the term "executive office" shall mean the executive office of health and human services and the term "community long-term care" shall mean those Medicaid services determined by the department.
The coordinated system of care shall be administered by agencies under contract with the department that shall be known as aging services access points, hereinafter referred to as ASAPs. ASAPs shall be designated by the department and may be operated nonprofit agencies, home care providers as defined in clause (c) of the third paragraph of section 4, a combination of home care corporations acting jointly or by state agencies. Pursuant to the terms of those contracts, ASAPs shall coordinate services on behalf of Medicaid eligible elders; provided, however, that the department shall maintain exclusive responsibility for determining the financial or categorical eligibility of elders for Medicaid and the secretary shall establish rates and methods of payment for Medicaid services delivered pursuant to this section. Administrative payments to ASAPs for Medicaid-funded functions including, but not limited, to screenings, assessments, case management and coordination of care shall be established by the department. Administrative payments for home care-funded services under said section 4 shall be established by the department. The department may develop a capitation system of payment for services in which ASAPs shall be at financial risk for any Medicaid services authorized and purchased on behalf of an eligible person that exceed the amount of said capitation payments.
The department shall establish performance and outcome goals for Medicaid and home care-related functions of ASAPs and may establish such goals for any other responsibilities contracted to ASAPs for managing the coordinated system. Continuation of the contracts authorized by this section shall be dependent on the achievement of the Medicaid-related performance and outcome goals, as determined by the department.
ASAPs shall be responsible for: (1) providing information and referral services to elders; provided, however, that referrals for terminally ill elders shall include referrals to licensed and certified hospices for determination of eligibility, appropriateness and consumer interest in services; (2) conducting intake, comprehensive needs assessments, preadmission screening and clinical eligibility determinations for elders seeking institutional and community care services from Medicaid or the home care program, which in the case of hospice clients, shall adhere to Medicare and Medicaid conditions of participation pursuant to 42 C.F.R. 418 and 114.3 C.M.R. 43.00; (3) developing a comprehensive service plan based on the needs of an elder, provided, however, that a medical plan of care for an elder shall be developed by a licensed or certified health care provider; (4) arranging, coordinating, authorizing and purchasing community long-term care services called for in the comprehensive service plan; and (5) monitoring the outcomes of and making periodic adjustments to a service plan in consultation with service and health care providers. The establishment of a comprehensive service plan for an elder shall not establish an entitlement to services for that eligible person for services beyond that established by law or beyond the amounts appropriated therefor.
ASAP responsibilities for Medicaid-related functions shall be those established by the department. When renewing the annual terms of a contract the subsequent fiscal year, the department shall seek to promote continuity in the the coordinated system of care consistent with this section; provided, however, that substantive changes to the terms and conditions of an annual agreement, including changes to the functional responsibilities of ASAP's as defined in this section, shall be negotiated after the department's written findings that such changes are necessary as a result of changes in federally reimbursable services, rates of federal reimbursement rates or state fiscal demands or that the division is prepared to implement a more comprehensive, cost-effective and coordinated system of long-term care than that established in this section. The written finding required by this paragraph shall be submitted to the executive office, the secretary of administration and finance and the legislature's joint committee on human services and elderly affairs.
ASAPs shall not provide direct services except for case management; information and referral, and protective services as defined in regulations of the home care program established pursuant to 651 C.M.R. 3.00 et seq. and nutrition services established pursuant to 651 CMR 4.00 et seq. and the Older Americans Act, as amended, 42 U.S.C. 3021 et seq.). Except for the direct services provided by ASAPs pursuant to this section, no ASAP shall have a direct or indirect financial ownership interest in an entity that provides institutional or community long-term care services on a compensated basis. The department may grant a waiver of the restrictions in this paragraph upon a finding that public necessity and convenience require such a waiver.
Overall management, administration and oversight activities related to the screening and authorization of community long-term care services and related case management services shall be the responsibility of the department. The department shall actively explore with interested parties programmatic options that would decrease the reliance of nursing facilities on Medicaid funding and shall promote increased residential and community long-term care program options for elders needing long-term care services. The department shall also explore future coordinated systems of service delivery options as identified in the coordinated aging, rehabilitation and disability services project.
SECTION 71. Sections 13, 14, 15, 16, 17 and 18 of chapter 20 of the General Laws are hereby repealed.
SECTION 72. Sections 20 and 21 of chapter 20 of the General Laws are hereby repealed.
SECTION 73. Chapter 20 of the General Laws is hereby amended by adding the following 4 sections:-
Section 23. The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of agricultural preservation restrictions as defined in section 31 of chapter 184, for land actively devoted to agricultural or horticultural uses as defined in sections 1 to 5, inclusive, of chapter 61A. The commissioner of agricultural resources may from funds appropriated to carry out the provisions of this section, or received from other sources, pay any agricultural land owner for a project submitted by a city or town and approved by the agricultural lands preservation committee established by section 24 such amount as is determined by the agricultural lands preservation committee to be equitable in consideration of anticipated benefits from such project but not to exceed the difference between the fair market value of such land and the fair market value of such land restricted for agricultural purposes pursuant to this section. Title to agricultural preservation restrictions shall be held in the name of the commonwealth; provided, however, that a city or town in which such land is located which provides assistance satisfactory to the agricultural lands preservation committee, including but not limited to providing of funds or portions thereof toward the purchase of such restriction, the providing of legal services and the enforcement of the preservation restriction, shall hold title to such land jointly with the commonwealth. Projects shall be administered by conservation commissions in cities and towns in which such commissions have been established, or in a city, by the city council or its delegated agency subject to the provisions of the city charter, or in a town, by the board of selectmen or its delegated agency. The commissioner, subject to the approval of the secretary, shall establish procedures for management of such program.
Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on the agricultural preservation restriction land, provided: (a) the land is being actively utilized for full-time commercial agriculture; (b) the permit is for a maximum of 5 years duration, which may, at the discretion of the department, be renewed; and (c) the agricultural lands preservation committee finds that the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth and that the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form presently utilized by the commonwealth at the time of application for the special permit.
Section 24. There is hereby created an agricultural lands preservation committee in the department of agricultural resources, the members of which shall be the commissioner of agricultural resources, who shall be chairman, the secretary of environmental affairs, the director of housing and community development, the director of the office of state planning, the chairman of the board of agricultural resources or their respective designees, and 4 members appointed by the governor, 2 of whom shall be owners and operators of farms within the commonwealth. Members appointed by the governor shall receive $50 for each day or portion thereof spent in discharge of their official duties not to exceed $600 annually and shall be reimbursed for the necessary expenses incurred. The dean of the college of food and natural resources of the University of Massachusetts and the state conservationist of the United States Department of Agriculture Soil Conservation Service, or their respective designees, shall serve as nonvoting members. The committee shall evaluate and accept or reject projects submitted by cities and towns. In so evaluating, the committee shall consider at a minimum the following:
(1) the suitability of land as to soil classification and other criteria for agricultural use;
(2) the fair market value of such land and the fair market value of such land when used for agricultural purposes as determined by independent appraisals; and.
(3) the degree to which the acquisition would serve to preserve the agricultural potential of the commonwealth.
The commissioner of agricultural resources may establish such rules and regulations as may be deemed necessary to carry out the purposes of this section.
Each member of the committee appointed by the governor shall be appointed for a term of 4 years, and until his successor is qualified. Of the first such members appointed, 1 shall serve for a term of 1 year; 1 shall serve for a term of 2 years; 1 shall serve for a term of 3 years; 1 shall serve for a term of 4 years. A person appointed to fill a vacancy shall serve for the unexpired term of such vacancy. Any member may be eligible for reappointment.
Section 25. The agricultural lands preservation committee shall prepare an annual report. The report shall include the number and geographic distribution of applications accepted and rejected, the acreage and costs of purchases, and such other information as will enable the program to be evaluated.
Section 26. Land under agricultural preservation restrictions, while actively devoted to agricultural, horticultural or agricultural and horticultural use as defined in sections 1 to 5, inclusive, of chapter 61A, shall be assessed for general property tax purposes at values no greater than those determined by the methods and provisions of section 10 of said chapter 61A.
SECTION 74. Section 1 of chapter 21 of the General Laws, as appearing in the 2000 Official Edition is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
The department of conservation and recreation shall consist of a division of forests and parks, a division of fisheries and wildlife, a division of marine fisheries and a division of water supply protection. Each division shall be under the administrative supervision of a director.
SECTION 75. Said chapter 21 is hereby further amended by striking out section 2, as so appearing, and inserting in place thereof the following section:-
Section 2. The department shall be under the control of a stewardship council, which council shall consist of 15 members appointed by the governor for terms of 7 years. Seven members shall be from the board of parks and recreation created in section 2A of chapter 21, 7 members shall be from the board of fisheries and wildlife created in section 7 of chapter 21, and the fifteenth member shall be the commissioner of conservation and recreation. Upon the expiration of the terms of the current members of the board, all additional appointments by the governor, except those made to fill a vacancy in an unexpired term, shall be for terms of 7 years. No council member may remain on the council after the expiration of their terms on the boards of parks and recreation or fisheries and wildlife.
SECTION 76. Section 2A of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the words "board of environmental management" and inserting in place thereof the following words:- board of parks and recreation.
SECTION 77. Said section 2A of said chapter 21, as so appearing, is hereby amended by striking out, in lines 3 and 4, the words “except as hereinafter provided no more than one such member shall be appointed from the same county” and inserting in place thereof the following words:- 3 members shall come from the metropolitan parks district defined in section 33 of chapter 92.
SECTION 78. Said section 2A of said chapter 21, as so appearing, is hereby further amended by inserting after the word "Club," in line 9, the following words:- the Trust for Public Land,.
SECTION 79. Section 2B of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, and in lines 20 and 21, the words "board of environmental management" and inserting in place thereof, in each instance, the following words:- board of parks and recreation.
SECTION 80. Said section 2B of said chapter 21, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “department of environmental management” and inserting in place thereof the following words:- department of conservation and recreation.
SECTION 81. Section 2B of said chapter 21, as so appearing, is hereby amended by striking out the last paragraph.
SECTION 82. Section 2C of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, and in lines 9 and 10, the words "board of environmental management" and inserting in place thereof, in each instance, the following words:- stewardship council.
SECTION 83. Said section 2C of said chapter 21, as so appearing, is hereby amended by striking out, in line 5, the word” three” and inserting in place thereof the following figure:- 7.
SECTION 84. Said section 2C of said chapter 21, as so appearing, is hereby further amended by striking out, in lines 5, 7 and 14, the word “board” and inserting in place thereof, in each instance, the following words:- stewardship council.
SECTION 85. Said section 2C of said chapter 21, as so appearing, is hereby further amended by striking out the last paragraph.
SECTION 86. Section 2D of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the words "board of environmental management" and inserting in place thereof the following words:- stewardship council.
SECTION 87. Section 2E of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the words "board of environmental management" and inserting in place thereof the following:- board of parks and recreation; by .
SECTION 88. Section 2F of said chapter 21, as so appearing, is hereby amended by inserting after the word “board”, in line 2, the following words:- of parks and recreation.
SECTION 89. Said chapter 21 is hereby further amended by striking out section 3, as so appearing, and inserting in place thereof the following section:-
Section 3. The commissioner of conservation and recreation shall be the executive and administrative officer of the department, and he shall exercise supervision, direction and control over all the divisions of the department in accordance with such programs and policies as may from time to time be promulgated by the stewardship council. The commissioner shall be responsible for administering all laws vested in the department by the general or special laws. The commissioner shall appoint and remove the directors of the division of forests and parks, the division of fisheries and wildlife, the division of marine fisheries, and the division of water supply protection with the approval of the stewardship council. The commissioner shall appoint and remove the directors of other divisions, bureaus or offices which he may establish as he deems appropriate for the efficient management and centralized administration of the department. The directors shall be qualified by training, experience and executive ability to administer the duties of their respective offices, and shall not be subject to chapter 31. The commissioner may also appoint and remove a professional geologist, who shall be the state geologist and who shall not be subject to chapter 31 or section 9A of chapter 30.
SECTION 90. Section 3A of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the words “board of environmental management” and inserting in place thereof the following words:- stewardship council.
SECTION 91. Section 3B of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words ", with the approval of the board of environmental management".
SECTION 92. Section 3C of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, and in line 7, the words "board of environmental management" and inserting in place thereof, in each instance, the following words:- stewardship council.
SECTION 93. Section 3D of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words ", with the approval of the board of environmental management".
SECTION 94. Section 4 of said chapter 21, as so appearing, is hereby amended by striking out the second sentence.
SECTION 95. Section 4A of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “The director of the division of forests and parks, with the approval of the commissioner” and inserting in place thereof the following words:- The commissioner of conservation and recreation.
SECTION 96. Said section 4A of said chapter 21, as so appearing, is hereby further amended by striking out, in lines 10, 12 and 15, the word “director” and inserting in place thereof, in each instance, the following word:- commissioner.
SECTION 97. Said section 4A of said chapter 21, as so appearing, is hereby further amended by striking out, in line 24, the word “division” and inserting in place thereof the following word:- office.
SECTION 98. Section 4D of said chapter 21, as so appearing, is hereby amended by inserting after the word “of”, in line 1, the following word:- forest.
SECTION 99. Section 4G of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the words ", with the approval of the commissioner;".
SECTION 100. Section 5 of said chapter 21, as so appearing, is hereby amended by inserting after the word “fisheries.”, in line 5, the following words:- The director of the division of marine fisheries shall be appointed and may be removed by the commissioner of the department of conservation and recreation with the approval of the marine fisheries advisory commission.
SECTION 101. Sections 6, 6A, 6B, 6C, 6D, 6E, 6F, 6F½ and 6I of chapter 21 of the General Laws are hereby repealed.
SECTION 102. Section 7B of chapter 21 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word “sickness”, in line 12, the following words:- supported by the certificate of a physician.
SECTION 103. Said section 7B of said chapter 21, as so appearing, is hereby further amended and by adding the following paragraph:-
Prior to removal for absences, however, the chairperson of the board of parks and recreation shall certify the unexcused absence of the board member from 3 consecutive meetings by filing a certificate to that effect with the commissioner of the department of conservation and recreation and the secretary of the commonwealth. Upon the filing of such certificates, such a member's position shall be deemed vacant and the governor shall appoint a successor. In case of the resignation, removal or death of a board member, the member's successor shall be appointed to fill the remainder of the unexpired term subject to the same terms and conditions as the member.
SECTION 104. Section 8 of said chapter 21, as so appearing, is hereby amended by striking out, in line 1, the words “water resources” and inserting in place thereof the following words:- water supply protection.
SECTION 105. Said section 8 of said chapter 21, as so appearing, is hereby further amended by striking out, in line 3, the words "of the department of environmental management" and inserting in place thereof the following words:- department of conservation and recreation.
SECTION 106. Section 9A of said chapter 21, as so appearing, is hereby amended by striking, in line 9, the words "the governor,".
SECTION 107. Said Chapter 21 of the General Laws is hereby amended by inserting after section 11 the following section:-
Section 11A. The division shall administer and maintain a riverways program that shall provide, in addition to other services, technical assistance to cities, towns and citizens groups regarding protection and restoration of the ecological integrity of rivers, streams and riparian lands and promotion of public access to such rivers, streams and riparian lands.
SECTION 108. Section 14 of said chapter 21, as so appearing, is hereby amended by striking out, in line 23, the words “environmental management” and inserting in place thereof the following:- conservation and recreation.
SECTION 109. Said section 14 of said chapter 21, as so appearing, is hereby amended by striking out the second and third paragraphs.
SECTION 110. Section 17A of said chapter 21, as so appearing, is hereby amended by striking out, in line 4, the word “division” and inserting in place thereof the following word:- office.
SECTION 111. Said section 17A of said chapter 21, as so appearing, is hereby further amended by striking out, in line 36, the words “Public Access Fund” and inserting in place thereof the following words:- General Fund.
SECTION 112. Said section 17A of said chapter 21, as so appearing, is hereby further amended and by striking out, in line 37, the words “from the Public Access Fund”.
SECTION 113. Section 17B of said chapter 21, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “board of environmental management" and inserting in place thereof the following words:- stewardship council.
SECTION 114. Section 17F of said chapter 21 is hereby repealed.
SECTION 115. Section 19 of said chapter 21, as so appearing, is hereby amended by striking out, in line 7, the words “fisheries, wildlife and recreational vehicles” and inserting in place thereof the following words:- the director of the division of fisheries and wildlife.
SECTION 116. Section 26A of said chapter 21, as so appearing, is hereby amended by striking out, in lines 47 and 48, the words "metropolitan district commission”.
SECTION 117. Said chapter 21 is hereby further amended by adding the following 5 sections:-
Section 59. (a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of watershed preservation restrictions, as defined in section 31 of chapter 184, for land classified as watershed land as defined in regulations to be promulgated by the department of conservation and recreation.
(b) The commissioner of the department of conservation and recreation, the “commissioner”, may from funds appropriated to carry out the provisions of this section, or received from other sources, pay the owner of watershed lands which he determines to be beneficial to the maintenance of the water supply of the commonwealth an amount determined to be equitable but not to exceed the difference between the fair market value of such land and the fair market value of such land restricted for watershed purposes pursuant to this section. Title to such watershed preservation restrictions shall be held in the name of the commonwealth; provided, however, that a city or town in which such land is located, which provides assistance satisfactory to the commissioner, including but not limited to providing of funds or portions thereof toward the purchase of such restriction, the providing of legal services and the enforcement of the preservation restriction, shall hold title to such restrictions jointly with the commonwealth.
(c) Watershed preservation restriction projects shall be administered by conservation commissions in cities and towns in which such commissions have been established, or in a city, by the city council or its delegated agency subject to the provisions of the city charter, or in a town, by the board of selectmen or its delegated agency. The commissioner, subject to the approval of the secretary of environmental affairs, shall establish procedures for the management of such programs.
Section 60. There is hereby created a watershed lands preservation committee in the department of conservation and recreation, the members of which shall be the commissioner of conservation and recreation, the secretary of environmental affairs, the director of the Massachusetts Water Resources Authority, the director of the division of water supply in the department of environmental protection, 1 member appointed by the speaker of the house, 1 member appointed by the president of the senate, and 2 members appointed by the governor, 1 of whom shall represent an organization dedicated to conservation of natural resources and 1 of whom shall have expertise in the field of hydrology. The committee shall advise the commissioner of the department of conservation and recreation on the evaluation of projects and shall advise the commissioner on any rules or regulations necessary to carry out the intent of the watershed preservation restriction program.
Section 61. The commissioner of conservation and recreation shall prepare an annual report on the watershed preservation restriction program. The report shall include the number and geographic distribution of applicants accepted and rejected, the acreage and cost of purchase and such other information as will enable evaluation of the program.
Section 62. Land under watershed preservation restriction, while remaining under such restriction, shall be assessed for general tax purposes, to reflect the diminution of land value which may be caused by such watershed preservation restriction.
Section 63. Whenever the department deems it necessary to make surveys, soundings, drillings or examinations to obtain information for or to expedite the construction of its watershed system, parks, recreational facilities or other projects under its jurisdiction, the department, its authorized agents or employees, may, after due notice by registered or certified mail, enter upon any lands, waters and premises in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this section, and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may then be pending. The department shall make reimbursement for any injury or actual damage resulting to such lands, waters and premises caused by any act of its authorized agents or employees and shall, so far as possible, restore such lands to the same condition as prior to the making of such surveys, soundings, drillings or examinations.
SECTION 118. Section 7 of said chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 22 to 24, inclusive, the words “commissioner of environmental protection; the commissioner of fisheries, wildlife and environmental law enforcement, and the other.”
SECTION 119. Section 7A of said chapter 21A of the General Laws is hereby repealed.
SECTION 120. Section 8 of said chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 13, the words “the division of outdoor advertising, the outdoor advertising board,”.
SECTION 121. Said section 8 of said chapter 21A, as so appearing, in, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
The department of conservation and recreation shall include a division of forests and parks, a division of fisheries and wildlife, a division of marine fisheries, a division of water supply protection and a public access board.
SECTION 122. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out, in lines 48 to 50, inclusive, the words “food and agriculture shall include the department of food and agriculture, the board of food and agriculture, the pesticide board, the state reclamation board,” and inserting in place thereof the following words:- agricultural resources,.
SECTION 123. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out the sixth and seventh paragraphs.
SECTION 124. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out, in lines 90 and 92, the word “commissioner” and inserting in place thereof, in each instance, the following words:- director.
SECTION 125. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out the tenth paragraph.
SECTION 126. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by striking out, in lines 76 and 77, the words “department of fisheries, wildlife and environmental law enforcement” and inserting in place thereof the following words:- division of fisheries and wildlife.
SECTION 127. Said section 8 of said chapter 21A, as so appearing, is hereby further amended by inserting after the word “include”, in line 102, the following words:- the office of law enforcement.
SECTION 128. Section 8A of said chapter 21A, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "department of environmental management, the commissioner of the metropolitan district commission," and inserting in place thereof the following words:- department of conservation and recreation.
SECTION 129. Said section 8A of said chapter 21A, as so appearing, is hereby further amended by striking out, in lines 11 and 13, the word “six” and inserting in place thereof the following figure:- 5.
SECTION 130. Section 10 of chapter 21A of the General Laws is hereby repealed.
SECTION 131. Chapter 21A of the General Laws is hereby amended by inserting after section 10, as appearing in the 2000 Official Edition, the following 8 sections:-
Section 10A. The office of law enforcement shall be in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of law enforcement. The director shall be qualified by training, experience and executive ability and shall not be subject to chapter 31. The secretary shall appoint the director and may remove him. The director shall appoint and may remove with the approval of the secretary such deputy directors of enforcement and chiefs of enforcement as may be necessary to carry out the duties of the office; provided, however, that the chief of enforcement of the boating and recreation vehicle safety enforcement bureau shall be appointed and may be removed by the director with the approval of the boating and recreational vehicle safety advisory board established pursuant to section 11 of chapter 21A. Such positions shall not be subject to chapter 31. The deputy directors of enforcement, assisted by law enforcement coordinators, shall perform such enforcement and administrative duties as assigned by the director.
The director may with the approval of the secretary designate employees of the commonwealth and the United States as deputy environmental police officers.
The director may promulgate rules and regulations necessary for implementation of sections 10A to 10H, inclusive, provided, however, that no rule or regulation promulgated under this section shall take effect before the thirtieth day next following the date on which a copy of such rule or regulation has been filed with the joint committee on natural resources and agriculture.
Section 10B. It shall be the duty of the office of law enforcement to enforce all penal laws which it is the duty of any agency within the executive office of environmental affairs to enforce, provisions of the general laws or any special laws to the contrary notwithstanding.
Nothing in this section shall be construed as divesting other officers or employees of the commonwealth of the duty to enforce laws as provided for in the general laws or any special laws. It shall also direct all inspections, claims and investigations. All police agencies shall at once notify the office of law enforcement or an environmental police officer thereof of a person presumed to be lost in any of the woodlands of the commonwealth.
Section 10C. The secretary, undersecretary, director, deputy directors of enforcement, chiefs of enforcement and all deputy chiefs of enforcement, law enforcement coordinators, and the wardens, as defined in section 1 of chapter 131, and all environmental police officers and deputy environmental police officers shall have and exercise throughout the commonwealth, subject to such rules and regulations as the director, with the approval of the secretary, may from time to time adopt, all the authority of police officers and constables, except the service of civil process. Such rules and regulations shall be filed with the state secretary in accordance with section 37 of chapter 30. The director may authorize in writing any such deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, and any environmental police officer to have in their possession and carry a firearm, revolver, club, billy, handcuffs, twisters, or any other weapon or article required in the performance of official duty.
Section 10D. Each deputy director of enforcement, chief of enforcement, deputy chief of enforcement, warden, environmental police officer or deputy environmental police officer, when on duty and in uniform shall wear on his outer clothing or otherwise display a metallic badge bearing the seal of the commonwealth and appropriate words to identify his position, together with a number to be assigned by the director.
The director may, with the approval of the secretary, prescribe by rules and regulations a standard form of uniform to be worn by such personnel. Such badge or uniform or any distinctive part thereof so prescribed shall be worn only by such personnel entitled thereto under the rules and regulations.
Whoever violates this section by wearing such badge or uniform without authority or by impersonating an officer authorized to wear such badge or uniform shall be punished by a fine of not less than $10 or more than $100 dollars.
Section 10E. The secretary, director, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, may in the performance of their duties enter upon and pass through or over private property or lands whether or not covered by water, and may keep or dispose of sick, dead, injured, or helpless fish, birds or mammals that may come into their possession, subject to such rules and regulations as the director, with the approval of the secretary, may adopt.
Section 10F. Notwithstanding chapter 149 or of any other general or special law to the contrary, the director, with the approval of the secretary, shall make rules and regulations governing the tours of duty and hours of work for the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and environmental police officers. The rules and regulations shall provide, in the case of boat based personnel, that such officers may be required to be on duty up to 96 consecutive hours, and off duty a similar number of hours, for each tour of duty. Land based personnel, however, shall be compensated for any additional work in accordance with section 30C of chapter 149. Boat personnel shall be paid 4 dollars and 50 cents in lieu of meals allowances for each day of duty and shall be deemed to be on full travel status. Such rules and regulations shall also provide for the assignment of all officers of the division to any area within the commonwealth and for the conduct of such officers in the performance of their duties.
Section 10G. If the director, his assistant or any environmental police officer, deputy environmental police officer, members of the state police, local police, local town law enforcement officials in shellfish beds over which they have jurisdiction, or harbormasters acting pursuant to authority arising under chapter 90B, employed to enforce the sections contained in section 10H determines that a violation thereof has occurred or is occurring, he may request the offender state his name and address.
Whoever, upon such request, refuses to state his name and address may be arrested without a warrant, or if he states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not more than $200 dollars. Such officer may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than 21 days after the date of such violation.
Six copies of such notice shall be made and each shall contain the name and address of the offender and, if served with the notice in hand at the time of such violation, the number of his license, if any, to operate motor vehicles; the registration number of the vehicle or motorboat involved, if any; the number of the license, certificate of permit, if any, issued pursuant to chapter 130 or chapter 131 which is relevant to the violation; the specific offense or offenses charged and the time and place of the violation; and the time and place for his required appearance. The notice shall be signed by the officer, and shall be signed by the offender in acknowledgment that the notice has been received. The officer shall deliver to the offender at the time and place of the violation a copy of the notice. At or before the completion of each tour of duty the officer shall forward to his commanding officer copies of each notice of such violation that he has issued during such tour. The commanding officer shall promptly mail 1 copy of each notice to the director and shall retain and safely preserve 1 copy. Before the end of his tour of duty such issuing officer shall forward to the respective court before whom the offender has been notified to appear the court copy of each notice of such violation that he has issued during such tour. The clerk of each district court shall maintain a separate docket of all such notices to appear.
Any person so notified to appear before the clerk of a district court may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing; or may mail to such clerk, with the citation, the fine provided on the citation, provided that it is the first offense for such violation within 2 calendar years.
At the time of such appearance the person shall provide the clerk with the notice issued by said officer and shall pay to the clerk the fine as provided in section 10H, such payment to be made only by cash, postal note, money order or certified check. Payment of the fine shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal and a person notified to appear before the clerk of a district court shall not be required to report to any probation officer, and no record of the case shall be entered in the probation records. If at any time the court finds that the interests of justice so require, it may cause a warrant to be issued as provided in section 32 of chapter 218.
If any person notified to appear before the clerk of the district court fails to so appear and pay the fine provided under this section or, having appeared, desires not to avail himself of the procedure for the non-criminal disposition of the case, the clerk shall notify the officer concerned, who shall forthwith make a criminal complaint. If any person fails to appear in accordance with a summons issued upon such complaint, the clerk shall send to such person by certified mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest.
The director, his assistants, any environmental police officers, deputy environmental police officers, members of the state police, local police and shellfish constables in areas of their respective jurisdiction empowered to enforce section 10H may seize any fish, birds, or mammals unlawfully taken or held which shall be forfeited to the commonwealth and disposed of by the director for the best interests of the commonwealth.
The secretary shall adopt rules and regulations consistent with this chapter and shall file the regulations in accordance with section 37 of chapter 30.
All fines, penalties and forfeitures in actions under this section or section 10H shall be paid to the general fund of the city or town in which the violation occurred; provided, however, that if the complaining officer is receiving compensation from the commonwealth, such fines, penalties and forfeitures shall be paid to the commonwealth; and provided, further, that if the complaining officer is an environmental police officer or deputy environmental police officer, such fines, penalties and forfeitures shall be retained by the division of law enforcement; and provided, further, that if the complaining officer is a chief park ranger or park ranger, such fines, penalties or forfeitures, in addition to those imposed pursuant to section 16 of chapter 270, shall be forwarded to the department of conservation and recreation to be deposited as revenue and shall be applicable to the department's retained revenue account. At the end of each fiscal year, the office of law enforcement shall pay the Inland Fish and Game Fund an amount equivalent to the sum of all fines, penalties and forfeitures received by the office of law enforcement during such fiscal year for violations of chapter 131 or the regulations promulgated under this chapter.
The director shall issue books of non-criminal citation forms to the enforcement personnel authorized under this section. The director may charge a reasonable fee for such citation forms in accordance with section 3B of chapter 7.
Section 10H. A person notified to appear before the clerk of a district court as provided in section 10G for a violation of section 4A of chapter 21, the regulations promulgated pursuant to section 17A of said chapter 21, the regulations promulgated pursuant to chapter 90B, or the rules and regulations of the division of fisheries and wildlife regulating activity on land under the management of such division, may so appear within the time specified and pay a fine of $50 dollars.
A person notified to appear before the clerk of a district court as provided in section 10G for a violation of section two, three, four, five, five A, six, seven, subsection (b) of section nine, section twelve, twelve A or thirteen A of chapter ninety B may so appear within the time specified and pay a fine of $50 dollars.
A person notified to appear before the clerk of a district court as provided in section 10G for violation of subsections (b), (c) and (e) of section 8 of said chapter 90B may so appear within the time specified and pay a fine of $100.
A person notified to appear before the clerk of a district court as provided in said section 10G for violation of section seventeen A, thirty-three, thirty-four, thirty-six, thirty-nine, forty, fifty-one, sixty-nine, seventy, seventy-one, seventy-two, eighty-one, eighty-two or ninety-five of chapter one hundred and thirty may so appear within the time specified and pay a fine of $50.
A person notified to appear before the clerk of a district court as provided in said section 10G for violation of section thirty-five, thirty-seven, thirty-eight, thirty-eight A, forty-one, forty-one A, forty-four, sixty-seven, sixty-eight, eighty, ninety-two, one hundred A or one hundred C of said chapter one hundred and thirty may so appear and pay a fine of $100.
A person notified to appear before the clerk of a district court as provided in said section 10G for a violation of section forty-seven and section seventy-five of chapter one hundred and thirty, or section sixty-five of chapter one hundred and thirty-one, may so appear within the time specified and pay a fine of $200.
A person notified to appear before the clerk of a district court as provided in said section 10G for a violation of section one, five, six, eight, ten, eleven, thirteen, sixteen, nineteen A, twenty-three to twenty-five, inclusive, twenty-six, twenty-seven, twenty-eight, thirty, thirty-two, thirty-three, thirty-six, thirty-eight, forty-four, forty-seven, forty-nine to fifty-four, inclusive, fifty-seven, fifty-nine, sixty-nine, seventy-one, seventy-two, seventy-six, seventy-seven, seventy-nine, eighty or eighty-two of chapter one hundred and thirty-one may so appear and pay a fine of $50.
A person notified to appear before the clerk of a district court as provided in said section 10G for violations of section fifty-eight, sixty-six, sixty-seven, seventy, seventy-five A or eighty A of said chapter one hundred and thirty-one may appear and pay a fine of $100.
SECTION 132. Section 11 of chapter 21A of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 1, the word “division” and inserting in place thereof the following:- office.
SECTION 133. Section 11A of said chapter 21A, as so appearing, is hereby amended by striking out, in line 7, the words “the commissioner of the metropolitan district commission or his designee,”.
SECTION 134. Said chapter 21A of the General Laws is hereby amended by inserting after section 16, as so appearing, the following 4 sections:-
Section 16A. There shall be an office of administrative appeals in the executive office of environmental affairs. No administrative law judge of the office shall be removed for any reason other than just cause.
Section 16B. The conduct of proceedings before the board shall be governed by the provisions of chapter 30A of the General Laws and, in addition, by the standard rules promulgated pursuant to section 9 of said chapter 30A or by such substitute rules as the office shall promulgate pursuant to section 9 of said chapter 30A.
Section 16C. A recommended final decision issues by one or more of the board’s administrative law judges shall become the final decision of the agency, department, board, commission or program whose decision, determination or action was under review unless, within sixty days following the date of issuance of the recommended final decision, the commissioner or other head of said agency, department, board, commission or program, or a designee, issues a final decision that adopts, rejects or modifies the recommended final decision.
Section 16D. Every decision issued by a commissioner or other head of agency, or a designee, following the issuance of a recommended final decision by an administrative law judge of the board, shall be an agency decision subject to judicial review pursuant to chapter 30A of the General Laws.
SECTION 135. Section 1 of chapter 21D of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 11 and 18, the word “management” and inserting in place thereof the following:- protection.
SECTION 136. Section 3 of said chapter 21D, as so appearing, is hereby amended by striking out, in line 1, the word “management” and inserting in place thereof the following word:- protection.
SECTION 137. Said section 3 of said chapter 21D, as so appearing, is hereby amended by striking out, in lines 60 and 61, the words “the department of environmental protection,”.
SECTION 138. Said section 3 of said chapter 21D, as so appearing, is hereby amended by striking out the last paragraph.
SECTION 139. Section 7 of said chapter 21D, as so appearing, is hereby amended by striking out, in lines 45 and 46, the words “and upon consultation with the department of environmental protection,”.
SECTION 140. The General Laws are hereby amended by inserting after chapter 22E the following chapter:-
CHAPTER 22F
THE DEPARTMENT OF FORENSIC SCIENCES
Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:-
"Commission'', the commission on medico-legal investigation, established by section 184 of chapter 6.
“Department”, the department of forensic sciences.
"Office'', the office of the chief medical examiner.
Section 2. There shall be a department of forensic sciences within the executive office of public safety. The department shall oversee and coordinate all forensic science services performed by the commonwealth and work in conjunction with the attorney general, the district attorneys and state and local law enforcement authorities to improve the availability and timeliness of forensic science services as an effective tool for public safety. The office of the chief medical examiner and the state police laboratory shall be included within the department.
Section 3. There shall be a chief medical examiner in the department of forensic sciences within the executive office of public safety. Costs and expenses of the chief medical examiner and staff shall be paid by the commonwealth.
The chief medical examiner shall be a physician who is a diplomate of the American Board of Pathology in Forensic Pathology, a graduate of an approved fellowship program in forensic medicine, a diplomate of the American Board of Anatomic and Forensic Pathology and licensed to practice medicine in the commonwealth and must reside within the commonwealth within 6 months after his appointment. The chief medical examiner shall be appointed by the governor for a term of 5 years from among a list of not less than 3 nominees recommended by the commission on medico-legal investigation. The governor may request additional nominees from the commission before making the appointment. The chief medical examiner's salary and the salary of the deputy chief medical examiner shall be set by the governor and shall be commensurate with those of similar positions in comparable jurisdictions.
In the case of the death, removal, resignation or permanent incapacity of the chief medical examiner, the governor shall appoint a new chief medical examiner within 6 months.
The chief medical examiner, with the approval of the commission, shall establish a comprehensive system to deliver medico-legal investigative services in the commonwealth. The chief medical examiner shall appoint a deputy chief medical examiner who shall perform all of the duties of the chief medical examiner in case of incapacity or absence. The chief medical examiner may appoint such associate chief medical examiners as necessary.
The chief medical examiner may, subject to the approval of the secretary of public safety, apply for and accept on behalf of the commonwealth any funds, including grants, bequests, gifts or contributions, from any person for the improvement of the system of medico-legal investigative services in the commonwealth. Such funds shall be deposited in a separate account with the state treasurer and received by him on behalf of the commonwealth. All such funds may be expended by the chief medical examiner, in accordance with law.
District medical examiners shall be appointed by the chief medical examiner to conduct appropriate medico-legal investigations within the commonwealth. Such medical examiners shall serve in areas or districts as determined by the chief medical examiner and for terms of office at his discretion. Such medical examiners shall be responsible, under the direction of the chief medical examiner or the deputy medical examiner or an associate chief medical examiner, for the investigation and certification as to the cause of deaths under their jurisdiction. District medical examiners shall be licensed to practice medicine within the commonwealth and shall reside therein. In areas where such individuals are not available, the chief medical examiner or his representative may appoint other appropriately qualified individuals to conduct medico-legal investigations. Those medical examiners and associate medical examiners who are functioning under prior gubernatorial appointments shall continue to do so for the remainder of their term in their present districts.
The office of the chief medical examiner shall have custody of all files, reports, photographs and other articles generated by all employees or vendors of the office.
The chief medical examiner, with approval of the secretary of the executive office of public safety, shall promulgate rules for the disclosure of autopsy reports, which shall not be deemed to be public records, to those who are legally entitled to receive them. If a medical examiner conducts an autopsy on a body of a deceased person who within 6 months before the date of death received services from a facility or program operated, contracted for, or licensed by the department of mental health, the office of the chief medical examiner shall provide a copy of the autopsy report, upon request, to the commissioner of mental health for the purpose of completing an investigation into the circumstances surrounding the death, if a next of kin does not object thereto. The chief medical examiner, with the approval of said secretary, may establish fees for providing autopsy reports to those who are legally entitled to receive them. Neither the chief medical examiner, nor any employee of the office of the chief medical examiner, shall be subject to civil or criminal liability for lawfully disclosing an autopsy report or any part thereof, pursuant to the rules concerning the disclosure of autopsy reports promulgated under this section, to anyone legally entitled to receive it.
Section 4. (a) As used in this section, the following words shall have the following meanings:--
"Child'', any person under the age of 18.
"Fatality'', any death of a child.
"Local team'', a local multidisciplinary and multi-agency child fatality review team in each of the 11 districts headed by a district attorney. Notwithstanding the provisions of section 172 of chapter 6, members of the local team shall be subject to criminal offender record checks to be conducted by the district attorney. All members shall serve without compensation for their duties associated with membership on said team. Each local team shall be comprised of at least the following members:
(1) the district attorney of the county, who shall chair each local team;
(2) the chief medical examiner or his designee;
(3) the commissioner of the department of social services or his designee;
(4) a pediatrician with experience in diagnosing or treating child abuse and neglect, appointed by the state team;
(5) a local police officer from the town or city where the child fatality occurred, appointed by the chief of police of said municipality;
(6) a state law enforcement officer, appointed by the colonel of state police;
(7) the chief justice of the juvenile division of the trial court or his designee;
(8) the director of the Massachusetts center for sudden infant death syndrome, located at the Boston Medical Center or his designee;
(9) the commissioner of the department of public health or his designee; and
(10) any other person with expertise or information relevant to individual cases who may attend meetings on an ad hoc basis, by agreement of the permanent members of each local team. Such persons may include, but shall not be limited to, local or state law enforcement officers, hospital representatives, medical specialists or subspecialists, or designees of the commissioners of the departments of mental retardation, mental health, youth services and education.
"State team'', a child fatality review team within the office of the chief medical examiner. Notwithstanding the provisions of section 172 of chapter 6, members of the state team shall be subject to criminal offender record checks to be conducted by the colonel of the state police, on behalf of the chief medical examiner. All members shall serve without compensation for their duties associated with membership on said team. The state team shall consist of at least the following members:--
(1) the chief medical examiner, who shall chair the state team;
(2) the attorney general or his designee;
(3) the commissioner of the department of social services or his designee;
(4) the commissioner of the department of public health or his designee;
(5) the commissioner of the department of education or his designee;
(6) a representative of the Massachusetts District Attorney's Association to be selected by said association;
(7) the colonel of the state police or his designee;
(8) the commissioner of the department of mental health or his designee;
(9) the commissioner of the department of mental retardation or his designee;
(10) the director of the Massachusetts center for sudden infant death syndrome or his designee;
(11) the commissioner of the department of youth services or his designee;
(12) a representative of the Massachusetts chapter of the American Academy of Pediatrics, with experience in diagnosing or treating child abuse and neglect to be selected by said chapter;
(13) a representative from the Massachusetts Hospital Association to be selected by said association;
(14) the chief justice of the juvenile division of the trial court or his designee;
(15) the president of the Massachusetts Chiefs of Police Association or his designee;
(16) a child advocate appointed by a majority vote of the members of the state team; and
(17) any other person selected by the chair, or by majority vote of the members of the state team, with expertise or information relevant to individual cases.
(b) (1) There shall be established within the office of the chief medical examiner the state child fatality review team. The purpose of the state team shall be to decrease the incidence of preventable child deaths and injuries by:
(i) developing an understanding of the causes and incidence of child death; and
(ii) advising the governor, the general court and the public by recommending changes in law, policy and practice that will prevent child deaths.
(2) To achieve its purpose, the state team shall:
(i) develop model investigative and data collection protocols for local child fatality teams;
(ii) provide information to local teams and law enforcement agencies for the purpose of the protection of children;
(iii) provide training and written materials to the local teams to assist them in carrying out their duties;
(iv) review reports from local teams;
(v) study the incidence and causes of child fatalities in the commonwealth;
(vi) analyze community, public and private agency involvement with the decedents and their families prior to and subsequent to the deaths;
(vii) develop a protocol for the collection of data regarding child deaths and provide training to local teams on the protocol;
(viii) develop and implement such rules and procedures as are necessary for its own operation; and
(ix) provide the governor, the general court and the public with annual written reports, subject to confidentiality restrictions, which shall include, but not be limited to, the state team's findings and recommendations.
(c)(1) A local child fatality review team shall be established in each of the 11 districts headed by a district attorney. The purpose of each such local team shall be to decrease the incidence of preventable child deaths and injuries by:
(i) coordinating the collection of information on child deaths;
(ii) promoting cooperation and coordination between agencies responding to child deaths and in providing services to family members;
(iii) developing an understanding of the causes and incidence of child deaths in the county; and
(iv) advising the state team on changes in law, policy or practice which may affect child deaths and injuries.
(2) To achieve its purpose, the local team shall:
(i) review, establish and implement model protocols from the state team;
(ii) review, subject to the approval of the local district attorney, all individual child deaths in accordance with the established protocol;
(iii) meet periodically, but at least 4 times per calendar year, to review the status of child death cases and recommend methods of improving coordination of services between member agencies;
(iv) collect, maintain and provide confidential data as required by the state team; and
(v) provide law enforcement or other agencies with information for the purposes of the protection of children.
(3) At the request of the local district attorney, the local team shall be immediately provided with:
(i) information and records relevant to the cause of death of a child whose death is being reviewed by the local team, from providers of medical or other care, treatment or services, including dental and mental health care;
(ii) information and records relevant to the cause of death maintained by any state, county or local government agency including, but not limited to, birth certificates, medical examiner investigative data, parole and probation information records, and law enforcement data post-disposition, except that certain law enforcement records may be exempted by the local district attorney;
(iii) information and records of any provider of social services, including the state department of social services, to the child or his family, that the local team deems relevant to the review; and
(iv) demographic information relevant to the decedent and his immediate family including, but not limited to, address, age, race, gender and economic status. The district attorney may enforce this paragraph by seeking an order of the superior court.
(d)(1) The following provisions shall apply to both the state and local teams:
Any privilege or restriction on disclosure established pursuant to chapter 66A, section 70 of chapter 111, section 11 of chapter 111B, section 18 of 111E, chapters 112, 123 or sections 20B, 20J or 20K of chapter 233 or any other law relating to confidential communications shall not prohibit the disclosure of this information to the chair. Any information considered to be confidential pursuant to the aforementioned statutes may be submitted for the team's review upon the determination of the chair that the review of said information is necessary. The chair shall ensure that no information submitted for the team's review is disseminated to parties outside the team. Under no circumstances shall any member of this team violate the confidentiality provisions set forth in the aforementioned statutes.
(2) Except as necessary to carry out a team's purpose and duties, members of a team and persons attending a team meeting may not disclose any information relating to the team's business.
(3) Team meetings shall be closed to the public. Any and all information and records acquired by the state team or by a local team, in the exercise of its purpose and duties pursuant to this chapter, shall be confidential, exempt from disclosure under chapter 66, and may only be disclosed as necessary to carry out the teams' duties and purposes.
(4) Statistical compilations of data which do not contain any information that would permit the identification of any person may be disclosed to the public.
(5) Members of a team, persons attending a team meeting and persons who present information to a team may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a team meeting.
(6) Information, documents and records of the state team or of a local team shall not be subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; provided, however, that information, documents and records otherwise available from any other source shall not be immune from subpoena, discovery or introduction into evidence through these sources solely because they were presented during proceedings of the team or are maintained by a team.
(e) Nothing in this section shall be construed or interpreted to limit the powers and duties of the chief medical examiner or district attorneys.
Section 5. Any person having knowledge of a death which occurs under the circumstances enumerated in this paragraph shall immediately notify the office of the chief medical examiner, or the medical examiner designated, to the location where the death has occurred, of the known facts concerning the time, place, manner, circumstances and cause of such death:
(1) death where criminal violence appears to have taken place, regardless of the time interval between the incident and death, and regardless of whether such violence appears to have been the immediate cause of death, or a contributory factor thereto;
(2) death by accident or unintentional injury, regardless of time interval between the incident and death, and regardless of whether such injury appears to have been the immediate cause of death, or a contributory factor thereto;
(3) suicide, regardless of the time interval between the incident and death;
(4) death under suspicious or unusual circumstances;
(5) death following an unlawful abortion;
(6) death related to occupational illness or injury;
(7) death in custody, in any jail or correctional facility or in any mental health or mental retardation institution;
(8) death where suspicion of abuse of a child, family or household member, elder person or disabled person exists;
(9) death due to poison or acute or chronic use of drugs or alcohol;
(10) skeletal remains;
(11) death associated with diagnostic or therapeutic procedures;
(12) sudden death when the decedent was in apparent good health;
(13) death within 24 hours of admission to a hospital or nursing home;
(14) death in any public or private conveyance;
(15) fetal death, as defined by section 202 of chapter 111, where the period of gestation has been 20 weeks or more, or where fetal weight is 350 grams or more;
(16) death of children under the age of 18 years from any cause;
(17) any person found dead;
(18) death in any emergency treatment facility, medical walk-in center, day care center or under foster care; or
(19) deaths occurring under such other circumstances as the chief medical examiner shall prescribe in regulations promulgated pursuant to the provisions of chapter 30A.
A physician, police officer, hospital administrator, licensed nurse, department of social services social worker or licensed funeral director who, having knowledge of such an unreported death within the commonwealth, fails to notify the office of the chief medical examiner of such death shall be punished by a fine of not more than $500. Such failure shall also be reported to the appropriate board of registration, where applicable.
Section 6. Upon notification of a death in the circumstances enumerated in section 5, the chief medical examiner or his designee shall carefully inquire into the cause and circumstances of the death. If, as a result of such inquiry, the chief medical examiner or such designee is of the opinion that the death was due to violence or other unnatural means or to natural causes that require further investigation, he shall take jurisdiction. The body of the deceased shall not be moved, and the scene where the body is located shall not be disturbed, until either the medical examiner or the district attorney or his representative either arrives at the scene or gives directions as to what shall be done at the scene. In such cases of unnatural or suspicious death where the district attorney's office is to be notified, the medical examiner shall not disturb the body or the scene without permission from the district attorney or his representative.
The medical examiner shall be responsible for making arrangements for transport of the body. The district attorney or his law enforcement representative shall direct and control the investigation of the death and shall coordinate the investigation with the office of the chief medical examiner and the police department within whose jurisdiction the death occurred. Either the medical examiner or the district attorney in the jurisdiction where death occurred may order an autopsy. Cases requiring autopsy shall be subject to the jurisdiction of the office for such purpose. As part of his investigation, the chief medical examiner or his designee may, in his discretion, notwithstanding any other provision of law, cause the body to be tested by the department of public health for the presence of any virus, disease, infection or syndrome which may pose a public health risk.
If the medical examiner is unable to respond and take charge of the body of the deceased in an expeditious manner, the chief of police of the city or town wherein the body lies, or his representative, may, after conferring with the appropriate district attorney, move the body to another location until a medical examiner is able to respond. Before moving the body the police shall document all facts relevant to the appearance, condition and position of the body and every fact and circumstance tending to show the cause and circumstances of death.
In carrying out the duties prescribed by this section, the chief medical examiner or his designee shall be entitled to review and receive copies of medical records, hospital records, or information which he deems relevant to establishing the cause and manner of death. No person or hospital shall be subject to liability of any nature for providing such records or information in good faith at the request of the office. The chief medical examiner shall notify the local district attorney of the death of a child immediately following receipt of a report that such a death occurred.
Section 7. If, after making inquiry pursuant to section 6, the medical examiner is of the opinion that death may have resulted from injuries sustained in a motor vehicle accident, and that the death occurred within 4 hours of such accident, that the deceased was the operator and sole occupant of the motor vehicle, and that no other individuals were involved in the accident, the medical examiner shall submit to the state police laboratory a sample of blood from the deceased in an amount sufficient for chemical analysis if it is obtainable at an autopsy. If such chemical analysis indicates the presence of a controlled substance or alcohol, such sample shall be preserved for no less than 120 days from the date the sample is taken to permit an independent analysis. Such independent analysis shall be done upon the written request and at the expense of the next of kin of the decedent. No independent analysis of blood performed after 60 days pursuant to this section shall be admissible as evidence of the level of alcohol or controlled substance in any legal proceeding. The medical examiner shall not be civilly or criminally liable for any action taken in compliance with this section.
Section 8. All law enforcement officers, district medical examiners, hospitals and other medical facilities and other state, county and local officials shall cooperate with the office of chief medical examiner in the investigation of medico-legal cases. The office of the chief medical examiner may use the services of the department of state police laboratory for the performance of tests, documentation of evidence, investigating procedures and consultation on special problems. The chief medical examiner, subject to appropriation, may establish and operate a pathology laboratory within the office of chief medical examiner to meet the needs of that office. If other services required by the office of chief medical examiner are not available in the department of state police laboratory, the chief medical examiner may employ the services of other appropriate laboratories.
Section 9. If skeletal remains are deemed likely to be Native American, the state archaeologist shall be informed and in turn shall notify the commission on Indian affairs, which shall cause a site evaluation to be made to determine if the place where said remains were found is a Native American burial site.
Section 10. If, during the course of investigation, the medical examiner is of the opinion that the death may have been caused by the act or negligence of another, he shall at once notify the district attorney within whose district the deceased was found or, if such act or negligence has occurred in a different district, the district attorney for such other district. He shall also make available to the district attorney any and all records pertaining to such investigation. He shall in all cases forthwith certify to the city or town clerk or registrar in the place where the deceased died, the name and address, if known, or otherwise a description as full as may be of the deceased, and the cause and manner of death. Notwithstanding any other provision of law, such certification may indicate that the death was caused by auto-immune deficiency syndrome.
In cases of homicide, after indictment and arraignment, and while the defendant is in custody or subject to the jurisdiction of the court, upon his request, a copy of the official autopsy report and a copy of the inquest report, if any, shall be made available to him by the district attorney in accordance with the provisions of the Massachusetts Rules of Criminal Procedure.
Section 11. The chief medical examiner or his designee may request the attorney general or the district attorney to direct that an inquest be held. The attorney general or district attorney may, regardless of whether or not action has been taken by the office of the chief medical examiner, require an inquest to be held in case of any death. The district court that has jurisdiction over the matter shall thereupon hold an inquest. The court shall give seasonable notice of the time and place of the inquest to the department of telecommunications and energy, in any case of death by accident upon a public conveyance regulated by said department, and to the registry of motor vehicles in any case of death in which any motor vehicle is involved. Such notice shall also be given to any parent, spouse or other member of the deceased's immediate family or to the deceased's legal representative or legal guardian.
Any person who has been identified by the attorney general or the district attorney, as the case may be, as the target of an investigation in connection with the death of the deceased may be present during the holding of such inquest and be represented by counsel, and may request leave of the court to present or examine witnesses, and shall at the completion of the court's report of said inquest have the right to examine said report; provided, however, that no indictment shall be dismissed nor shall any evidence be suppressed for violation of the provisions of this paragraph. All other persons not required by law to attend may be excluded from the inquest; provided, however, that the parents, guardian or next of kin of the person whose death is the subject of the inquest shall be deemed to be interested persons who may be present during the holding of such inquest. The court may order, as it deems appropriate, that witnesses to be examined during the inquest be sequestered.
Section 12. If the court determines that the inquest relates to an accidental death upon a conveyance regulated by the department of telecommunications and energy, the court shall cause a transcript of the inquest proceedings, after review and written approval by the court, and the bill for such transcript, to be forwarded to said department within 30 days after the closing of the inquest proceedings, and, when made, a copy of the court's report on the inquest.
Section 13. The court shall report in writing when, where and by what means the person met his death, the person's name, if known, and all material circumstances attending the death, and the name, if known, of any person whose unlawful act or negligence appears to have contributed thereto. The court shall file its report and a transcript of the inquest proceedings in the superior court for the county in which the inquest is held. Said transcript shall be impounded until the district attorney files a certificate with the superior court indicating that he will not present the case to a grand jury, or files notice with the superior court that the grand jury has returned a true bill or a no bill after presentment by the district attorney.
Section 14. If a person charged by an inquest report with the commission of a crime is at large, the district court, upon the request of the district attorney, shall forthwith issue process for such person's arrest, returnable before any court or magistrate having jurisdiction.
Section 15. No embalming fluid, or any substitute therefor, shall be injected into the body of any person whose death is being investigated by the office until authorization from a representative of the office has first been obtained.
Section 16. After investigation or examination by the office, the body shall be released to the person with the proper legal authority to receive it, including the surviving spouse, the next of kin or any friend of the deceased, who shall have priority in the order named. If the body is unidentified or unclaimed after the investigation is completed, the medical examiner shall release it to the department of public welfare, which shall bury it in accordance with section 18 of chapter 117. Prior to the release of such unidentified or unclaimed body to the department of public welfare, the chief medical examiner or his designee shall certify to the city or town clerk in the municipality where the death occurred the facts of the death as required by section 9 of chapter 46. If further identifying information is developed, the chief medical examiner or his designee shall furnish a completed certificate of death, as required by said section 9, to the city or town clerk.
In cases where jurisdiction is declined by the office, medical examiners shall have no responsibility for the pronouncement or certification of death. Immediately after pronouncement of death, a physician licensed in the commonwealth who attended the decedent during the decedent's last illness, or his covering physician, or the licensed physician who has declared such person dead, or, if the death occurred in a hospital, a hospital medical officer duly authorized by the administrator, shall, in the order named, furnish for registration a standard certificate of death as required by said section 9. The chief medical examiner or his designee may allow any body to be moved without pronouncement if excessive hardship to the family of the decedent would otherwise result. The office may promulgate regulations further defining the circumstances in which a body may be moved without pronouncement of death. Any physician described herein who refuses to pronounce and certify death in accordance with said section 9 when jurisdiction has been declined by the office shall be subject to a fine of not more than $500. Such refusal shall also be reported to the board of registration in medicine. The chief medical examiner or his designee may waive the requirements of this paragraph and assume jurisdiction for the purpose of certifying the facts of the death as required by said section 9 in cases where excessive hardship would otherwise result due to travel or in other emergency situations as may be defined by regulations promulgated by the office.
Section 17. A medical examiner shall, on payment of a fee of $50, view the body and make personal inquiry concerning the cause and manner of death of any person whose body is intended for cremation or burial at sea and shall authorize such cremation or burial at sea only when no further examination or judicial inquiry concerning such death is necessary. Said fee shall be paid by the person to whom such authorization for cremation or burial at sea is given.
Section 18. A medical examiner responding to the scene of a death shall take charge of any money or other personal property of the deceased found on or near the body, or may request the police department to do so. The medical examiner or police department shall, unless such money or property is required as evidence, deliver it to the person entitled to its custody or possession, or, if not claimed within 60 days, to a public administrator. A medical examiner or police officer who fraudulently refuses to deliver such property within 10 days after demand or who converts such property to his own use shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 2 years.
Executive Office of Economic Affairs Reorganization
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SECTION 141. Chapter 23 of the General Laws is hereby amended by striking out sections 1 to 5, inclusive, as appearing in the 2000 Official Edition, and inserting in the place thereof the following 5 sections:-
Section 1. (a) Within the executive office of economic affairs, there shall be a department of labor and workforce development, in this chapter called the department.
(b) Subject to appropriation, the department shall be provided with such offices in Boston and elsewhere in the commonwealth as may be approved by the governor and may expend sums for the necessary expenses of the department. The department may accept gifts or grants of money or property, whether real or personal, from any source, public or private, including, but not limited to, the United States of America and its agencies, for the purposes of assisting its divisions in the discharge of their duties.
Section 2. The director shall be appointed by the governor for a term conterminous with the governor and shall not be subject to chapter 31 or section 9A of chapter 30. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by the governor for a term conterminous for a like term. The director shall devote his full time during business hours to the duties of his office. The director shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the laws relative to the department and to each administrative unit thereof. The director shall receive such salary as the governor shall determine; provided, however, that such salary shall be equivalent to the salary received by the director of business and technology or the director of consumer affairs and business regulation.
Section 3. Within the department, there shall be a division of workplace dispute resolution, a division of employment security and a division of workforce training; provided, however, that notwithstanding any general or special law to the contrary, the attorney general shall have exclusive authority to conduct field investigations, inspections and prosecutions with respect to, and otherwise to enforce, chapters 149 and 151, all regulations of the department thereunder, and all other laws pertaining to wages, hours and working conditions, child labor and workplace safety and fair competition for bidders on public construction, except the laws pertaining to lead and asbestos hazards and workplace hygienic standards which the department shall enforce. The director shall, in consultation with the secretary, appoint a senior staff member to be the head of the division of employment security which person shall not already be in charge of or responsible for of a subdivision, office, commission, or bureau within said department. In addition, the director shall appoint a senior staff person to be the head of the division of workplace dispute resolution and a senior staff member to be the head of the division of workforce training, each of whom may be in charge of or responsible for of a subdivision, office, commission, or bureau within said department. The head of a division shall not receive a salary or compensation in addition to the salary or compensation he receives from the agency for which each is responsible.
Section 3A. There shall be a surcharge on fees assessed by the division of occupational safety within the department of economic security for the licensure, registration or certification of certain professionals, and on fees assessed for the renewal or duplication of such licenses, registrations or certifications, in accordance with the provisions of this section. The amount of the surcharge shall be as follows: a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform deleading services; a $25 annual surcharge to those persons licensed or certified individually by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform deleading services; a $50 annual surcharge to those persons licensed or certified on behalf of corporate and other classifications of businesses by the division of occupational safety to perform asbestos abatement services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement analytical services; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide asbestos abatement training; a $50 annual surcharge to those persons licensed or certified by the division of occupational safety to provide deleading training; and a $50 annual surcharge to those persons licensed or registered to operate an employment agency as defined by section 46A of chapter 140. Said surcharges shall be collected by the division of occupational safety and transmitted to the treasurer for deposit into the general fund.
Section 4. (a) The following state agencies, divisions and bureaus shall be within the division of workplace dispute resolution: the division of industrial accidents; the bureau of conciliation and arbitration, the state labor relations commission, the joint labor- management committee and the division of occupational safety. Notwithstanding any this section, the division of industrial accidents, the bureau of conciliation and arbitration, the state labor relations commission and the joint labor-management committee shall not be subject to the jurisdiction of the department, except to the extent of compliance with reasonable requests from the coordinating council established by section 3B of chapter 23A, as appearing, for the sharing of information which does not interfere with the efficient and independent functioning of the offices, divisions or agencies.
(b) The following funds shall be within the division of employment security: the Unemployment Insurance Trust Fund, the Workforce Training Fund and the Medical Security Trust Fund. The head of the division shall, in consultation with the director and secretary, directly oversee the functions of the funds.
(c) The following state agencies, divisions, boards and programs shall be within the division of workforce training: the state workforce investment board, the one-stop career centers, and the division of apprentice training. The division head shall consult and coordinate with the director and secretary to implement the laws and oversee the programs affected by the agencies, divisions, boards and programs within the division. Notwithstanding any general or special law to the contrary, the division head shall administer the one-stop career centers and shall contract with the division of employment security to ensure, through all reasonable efforts, the smooth and uninterrupted processing of applications and delivery of benefits. The division head shall also work as a partner with the Commonwealth Corporation and other quasi-public agencies as approved by the director and the secretary in implementing and overseeing all programs established pursuant to federal law and currently subject to control by the Commonwealth Corporation.
Section 5. (a) Subject to appropriation, the head of the division of employment security shall, at the request of and in consultation with the head of the division of workforce training, and with the approval of director of labor and workforce development, shall make expenditures on workforce training grants for the following purposes:
to provide grants to employers, employer groups, labor organizations and training
providers for projects to provide education and training to existing employees and newly hired workers; provided however, that grants shall be for amounts not to exceed $250,000 and shall be for terms not to exceed 2 years; and provided further, that in determining who shall receive a grant, the division heads and director shall consider:
whether the project will increase the skills of low-wage, low-skilled workers;
whether the project will create or preserve jobs at wages sufficient to support a family;
whether the project will have a positive economic impact on a region with high levels of unemployment or a high concentration of low-skilled workers;
whether the employer has made a commitment to provide significant private investment in training during the duration of the grant and after the grant has expired;
whether the project will supplement, rather than replace, private investments in training;
whether the employer is a small business that lacks the capacity to provide adequate training without such assistance;
whether the project will provide residents of the commonwealth with training for jobs that could otherwise be filled only be residents of other nations; and
whether the project is consistent with the workforce development blueprint prepared by the regional employment board.
to provide technical assistance to increase training opportunities available to
employees; provided, however, that the director may provide this direct technical assistance by using existing institutions such as workforce investment boards, community colleges, labor organizations, administrative entities under the federal Workforce Investment Act, Public Law 105-220, and other entities that have expertise in providing technical assistance regarding employee training or with employees of the department of labor and workforce development or of the commonwealth corporation; and provided further, that such expenditures shall not exceed $3,000,000 each year and the director shall demonstrate that each $1 expended generates not less than $5 in private investment job training.
(b) The director of the department of labor and workforce development shall adopt
regulations, pursuant to chapter 30A, to carry out this section.
(c) Not later than September 1 of each year, the director of labor and workforce
development shall file a report in writing with the joint committee on commerce and labor and the house and senate committees on ways and means concerning the grants made in the fiscal year ending on the preceding June 30, together with such recommendations and additional information as the director considers appropriate.
(d) Documentary materials or data made or received by an employee of the department,
to the extent that such materials or data consist of trade secrets or commercial or financial information regarding the operation of a business conducted by an applicant for a grant from the fund established in this section, shall not be public records and shall not be subject to section 10 of chapter 66.
The director, in consultation with the secretary, shall divide the commonwealth into
employment districts. Subject to appropriation, the director may establish and maintain additional free public employment offices as he deems necessary. The department may contract with one-stop career operators, certified in accordance with the provisions of Public Law 105-220, and shall have all the powers of such an agency as specified in said act.
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SECTION 142. Section 9J of chapter 23 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following 2 sentences:- The secretary, in consultation with the director of labor and workforce development and the director of employment security, may adopt, amend, alter or repeal, and shall enforce, all rules, regulations and orders as may be necessary or suitable for the administration and enforcement of chapter 151A. The secretary shall consult with the director of labor and workforce development when the changes may affect the operations of the free public employment offices.
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SECTION 143. Section 9N of said chapter 23 is hereby further amended by striking out the first sentence, as most recently amended by section 2 of chapter 347 of the acts of 2002, and inserting in place thereof the following sentence:- There shall be in the division of workforce training within the department and subject to the supervision and control of the director, a bureau of public employment offices.
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SECTION 144. Said section 9N of said chapter 23 is hereby further amended by striking out, in line 24, the words “employment and ”, inserted by said section 2 of said chapter 347, and inserting in place thereof the following word:- workforce.
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SECTION 145. Said section 9N of said chapter 23 is hereby further amended by striking out, in line 28, the words “employment and ”, inserted by section 1 of said chapter 347, and inserting in place thereof the following word:- workforce.
Executive Office of Economic Affairs Reorganization
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SECTION 146. The first paragraph of section 11E of said chapter 23, as appearing and amended by chapter 357 of the acts of 2002, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the department of labor and workforce development an apprenticeship council, to consist of 8 members, 6 of whom shall be appointed by the director of labor and workforce development with the approval of the governor, 1 of whom shall be the director of labor and workforce development or his successor, in the department of labor and workforce development, ex officio, and 1 of whom shall be the associate commissioner of career and technical education or his successor, in the department of education, ex officio.
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SECTION 147. Said chapter 23 of the General Laws, as appearing, is hereby amended by inserting, after section 11L, the following new section:-
Section 11M. (a) There shall be in the department, but not subject to the jurisdiction thereof, a state workforce investment board, hereinafter called the board. The board shall consist of the governor; 3 members of the Senate, two of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader; 3 members of the house of representatives, 2 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader; the director of the department of labor and workforce development; the director of the department of business and technology; the secretary of the executive office of health and human services; the head of the division of employment security; the commissioner of the department of transitional assistance; the commissioner of the department of education; the chancellor of the board of higher education or another official appointed by the governor representing education and training issues; the head of the division of workforce training; and the following additional members, as appointed by the governor: 2 mayors or chairs of boards of selectmen; 2 persons with experience with youth activities; 2 persons with experience and expertise in the delivery of workforce investment activities, including 1 president of a community college in the commonwealth; 11 persons representing public government, public secondary and post-secondary education, and organizations representing or providing services to trainees, including at least 3 representatives of organized labor, 2 of whom shall be selected from among individuals nominated by state labor federations; 33 persons representing business and industry in the commonwealth to be selected from among individuals nominated by state business associations and trade organizations, including at least 3 chairs of regional employment boards; and such other members as the governor in his discretion may choose to appoint, provided that the members shall be appointed to represent diverse regions of the state, including urban, suburban and rural areas. The members shall serve two-year terms at the pleasure of the governor, and shall serve without compensation.
(b) The governor shall select an individual to serve as chairperson of the board from among the members. The Chair shall serve at the pleasure of the governor.
(c) The board shall adopt by-laws to govern its proceedings, and shall carry out the responsibilities required of it under the federal Workforce Investment Act of 1998, including, but not limited to: assisting the governor in preparing a strategic plan for the development of the Massachusetts Workforce Investment System for Massachusetts residents and businesses pursuant to said Act. The board shall also carry out such additional responsibilities as the governor may from time to time require.
(d) The administrative staff of the board shall be supervised by and shall report to the director of labor and workforce development. The board shall contract with said department for personnel services and other operating needs. Notwithstanding any law or special act to the contrary, other departments, agencies, divisions, commissions, boards and bureaus of the commonwealth authorized to provide such information and support as the board may from time to time require in the course of carrying out its responsibilities.
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SECTION 148. Chapter 23A of the General Laws is hereby amended by striking out section 1, as appearing in the 2000 Official Edition, and inserting in the place thereof the following section:-
Section 1. (a) Within the executive department, but not within the governor’s cabinet, there shall be a department of business and technology, in this chapter called the department, which shall be under the control of the director of business and technology. The director shall be appointed by the governor for a term conterminous with the governor's and shall not be subject to chapter 31 or section 9A of chapter 30. Upon expiration of the term of office of the director or in the event of a vacancy, a successor shall be appointed by the governor for a term conterminous with that of the governor. The director shall devote his full time during business hours to the duties of his office. The director shall be the executive and administrative head of the department and shall be responsible for administering and enforcing the laws relative to the department and to each administrative unit thereof. The director shall receive such salary as the governor shall determine; provided, however, that such salary shall be equivalent to the salary received by the director of labor and workforce development or the director of consumer affairs and business regulation.
(b) There shall be within the department the Massachusetts office of business development hereinafter referred to as MOBD, and all other entities within that office, the office of travel and tourism, the office of small business and entrepreneurship, the Massachusetts trade office, the office of science and technology and the office of minority and women business assistance and all entities within that office.
(c) The department may make discretionary and nondiscretionary grants to persons or public or private nonprofit entities for projects and programs which further implement the mission of the department and its agencies and which benefit the general public; provided, however, that the department shall annually make a report to the secretary of administration and finance and the house and the senate committees on ways and means on the use of such funds; and provided further, that any such grant shall be used in accordance with regulations promulgated pursuant to section 15 of chapter 7A.
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SECTION 149. Section 3B of said chapter 23A, as so appearing, is hereby amended by striking out, in lines 3 to 10, inclusive, the words “economic development or his designee who shall serve as co-chairperson; the director of housing and community development or his designee who shall serve as co-chairperson; the director of labor and workforce development or his designee; a representative of MOBD designated by the director of economic development; the deputy director of the department of economic development having oversight responsibility of the Massachusetts office of business development or his designee” and inserting in place thereof the following words:- business and technology or his designee who shall serve as co-chairperson; the director of housing and community development or his designee who shall serve as co-chairperson; the director of labor and workforce development or his designee; a representative of MOBD designated by the director of business and technology; the deputy director of business and technology having oversight responsibility of the office of business and technology or his designee.
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SECTION 150. Said section 12 of said chapter 23A, as so appearing, is hereby further amended by striking out, in lines 11 and 12, the words "office of international trade and investment" and inserting in place thereof the following words:- Massachusetts trade office.
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SECTION 151. The second paragraph of section 13A of said chapter 23A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The tourism executive director shall be appointed by the director of business technology, with the approval of the governor and the secretary of economic affairs, and may, with like approval, be removed.
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SECTION 152. The first paragraph of section 23A of said chapter 23A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be within the department of economic development a Massachusetts trade office, which shall be under the supervision and control of an executive director.
SECTION 153. Subsection (r) of section 3 of chapter 23B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding at the end of said subsection the following:-- provided further, that emergency case criteria used by the department shall include granting priority to persons who have been granted a stay of execution under section nine of chapter two hundred and thirty nine.
Residential Conservation Service Program
SECTION 154. Section 19 of chapter 25 of the General Laws is hereby amended by inserting, after the word “programs” in line 6, as appearing in the 2000 Official Edition, the following words:- and the residential conservation service program administered by the division of energy resources.
SECTION 155. Chapter 28 of the General Laws is hereby repealed.
Child Care Affordability Scholarship Repeal
SECTION 156. Section 5A of chapter 28A of the General Laws is hereby repealed.
Definition of Balanced Budget 2
SECTION 157. Section 1 of Chapter 29, as amended by section 33 of chapter 184 of the acts of 2002, is amended by striking in its entirety clause (ii) of the definition for “balanced budget” and inserting in place thereof the following clause:-
(ii) the amount transferred to the stabilization fund pursuant to subsection (a) of section 5C is greater than or equal to one quarter of one per cent of state tax revenue for such fiscal year.
Definition of Balanced Budget 3
SECTION 158. Said section 1, as so amended, is hereby further amended by striking out in its entirety, in lines 30 through 33, the definition for “consolidated net surplus in the operating funds” and inserting in place thereof the following definition:-
“consolidated net surplus in the budgetary funds” the sum of the undesignated balances in the budgetary funds, except funds established by Section 2H and Section 2I.
SECTION 159. Section 2C 1/2 of chapter 29 of the General Laws is hereby repealed.
SECTION 160. Section 2H of said chapter 29 is hereby amended by striking out, in line 28, the figure “10,” inserted by subsection A of section 13 of chapter 177 of the acts of 2001, and inserting in place thereof the following figure:— 15.
Environmental Challenge Fund Repeal
SECTION 161. Section 2J of said chapter 29 is hereby repealed.
Toxics Use Reduction Fund Repeal
SECTION 162. Section 2K of said chapter 29 is hereby repealed.
Environmental Permitting and Compliance Assurance Fund
Repeal
SECTION 163. Section 2P of said chapter 29 is hereby repealed.
Safe Drinking Water Act Fund Repeal
SECTION 164. Section 2P 1/2 of said chapter 29 is hereby repealed.
SECTION 165. Section 2R of said chapter 29 is hereby repealed.
Watershed Management Fund Repeal
SECTION 166. Section 2T of said chapter 29 is hereby repealed.
Ponkapoag Recreational Fund Repeal
SECTION 167. Section 2U of said chapter 29 is hereby repealed.
Clean Air Act Compliance Fund Repeal
SECTION 168. Section 2Y of said chapter 29 is hereby repealed.
State Building Management Fund Repeal
SECTION 169. Section 2AA of said chapter 29 is hereby repealed.
Assisted Living Admin Fund Repeal
SECTION 170. Section 2BB of said chapter 29 is hereby repealed.
SECTION 171. Section 2CC of said chapter 29 is hereby repealed.
SECTION 172. Section 2FF of said chapter 29 is hereby repealed.
SECTION 173. Section 2GG of said chapter 29 is hereby repealed.
Leo J. Martin Recreation Fund Repeal
SECTION 174. Section 2II of said chapter 29 is hereby repealed.
SECTION 175. Section 2KK of said chapter 29 is hereby repealed.
SECTION 176. Section 2LL of said chapter 29 is hereby repealed.
SECTION 177. Section 2MM of said chapter 29 is hereby repealed.
Caseload Increase Mitigation Repeal
SECTION 178. Section 2NN of said chapter 29 is hereby repealed.
Local Consumer Inspection Repeal
SECTION 179. Section 2OO of said chapter 29 is hereby repealed.
Firearms Record Keeping Fund Repeal
SECTION 180. Section 2SS of said chapter 29 is hereby repealed.
Danvers State Hospital Reuse Fund Repeal
SECTION 181. Section 2UU of said chapter 29 is hereby repealed.
Brownfields Revitalization Fund Repeal
SECTION 182. Section 2VV of said chapter 29 is hereby repealed.
Adoption Affordability Assistance Fund Repeal
SECTION 183. Section 2WW of said chapter 29 is hereby repealed.
Tobacco Settlement Fund Repeal
SECTION 184. Section 2XX of said chapter 29 is hereby repealed.
False Claims Prosecution Fund Repeal
SECTION 185. Section 2YY of said chapter 29 is hereby repealed.
Agricultural Resolve and Security Fund Repeal
SECTION 186. Section 2EEE of chapter 29 of the General Laws is hereby repealed.
Establishment of Firearms Fingerprint Identity Verification
Trust Fund
Section 187. Chapter 29 of the General Laws is hereby amended by inserting the following section:-
Section 2AAA. There is hereby established and set up on the books of the commonwealth a separate fund to be known as the Firearms Fingerprint Identity Verification Trust Fund. Amounts credited to such fund shall be available, without further appropriation, to the Department of State Police for the purposes of financing fingerprint identification verifications with the fingerprint records maintained by the Federal Bureau of Investigations or any other federal agency for the verification of firearms license applicant identities. $25 of the fee assessed pursuant to sections 122, 122B, 129B, 131, 131A, 131F, and 131H of chapter 140 of the General Laws shall be deposited in said fund. Said funds shall be utilized for the sole purpose of making payments charged to said department by the Federal Bureau of Investigations or other entity for fingerprint identification verification.
Legislative Requests for Information
SECTION 188. Said chapter 29 of the General Laws is hereby further amended by striking out section 3A and inserting in place thereof the following:—
Section 3A. Any officer having charge of any state agency which receives a periodic appropriation from the commonwealth, or any officer of a state authority or commission, shall upon the request of any standing committee of the house or senate, or of any joint standing committee of the general court, furnish in writing to such committee, in a format prescribed by such committee, any information requested by such committee that is necessary for the committee to perform its duties. The information shall include, but not be limited to, historical, current or proposed operational costs funded through either appropriation, capital accounts, federal grants, trust funds or other funding sources, the officer’s estimate of the cost of proposed legislation affecting activities which are or would be under his supervision, estimates of and reasons for any supplemental funding that is projected to be needed during the fiscal year, estimates of revenue collections, estimates of proposed changes in fees or taxes, and any other such information as may be required by the committee. Such estimates shall be provided to such committee within 10 days of the receipt of such a request by the officer. If the officer fails to respond within these 10 days, the matter shall be referred to the house or senate committee on post audit and oversight which shall, in conjunction with the committee that originally requested the information, determine if further action is necessary.
Disposition of Consolidated Net Surplus
SECTION 189. Chapter 29 of the General Laws is hereby amended by striking out 5C, as amended by section 43 of chapter 184 of the acts of 2002, and inserting in place thereof the following section:-
Section 5C. The comptroller shall annually, on or before October 31, certify to the commissioner of administration the amount of the consolidated net surplus in the budgetary funds at the close of the preceding fiscal year, which shall not be less than the above-trend state tax revenues as determined according to chapter 62F. The amounts so certified shall be disposed as follows:
(a) an amount equal to one-half of one per cent of the total revenue from taxes in the preceding fiscal year shall be available to be used as revenue for the current fiscal year and one quarter of one per cent of the total revenue from taxes in the preceding fiscal year shall be transferred to the Stabilization Fund.
(b) the comptroller shall transfer 5 per cent of the amount remaining of the consolidated net surplus after amounts made available in clause (a) to the One-Time Capital Projects Improvement Fund established in section 2BBB;
(c) the comptroller shall transfer 15 per cent of the amount remaining of the consolidated net surplus after amounts made available in clause (a) to the Open Space Acquisition Fund established in section 2CCC;
(d) for any fiscal year for which the comptroller determines on or before October 31 of the succeeding fiscal year that there is a negative balance in the funds created pursuant to section 49 as reported in his annual financial report, the comptroller may transfer funds up to 20 per cent of the amount remaining of the consolidated net surplus after amounts made available in clauses (a), (b) and (c) to an account established pursuant to the comptroller's authority under sections 8 and 9 of chapter 7A for the purposes specified in said section 49;
(e) any remaining amount of such consolidated net surplus after amounts made available in clauses (a), (b), (c), and (d) shall be transferred to the Commonwealth Stabilization Fund; and
(f) all transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from said undesignated fund balances provided that no such transfer shall cause a deficit in any of said funds.
SECTION 190. Section 9A of chapter 29 of the General Laws is hereby repealed.
SECTION 191. Section 9C of chapter 29 of the General Laws, as amended by section 3 of chapter 1 of the acts of 2003, is hereby further amended by striking out said section and inserting in place thereof the following:—
Section 9C. Whenever, in the opinion of the commissioner of administration, available revenues as determined by him from time to time during any fiscal year under section 5B will be insufficient to meet all of the expenditures authorized to be made from any fund, whether by appropriation or distribution, he shall within 5 days notify in writing the governor and the house and senate committees on ways and means of the amount of such probable deficiency of revenue and the governor shall, within 15 days after such notification, reduce allotments under section 9B, and submit in writing a report stating the reason for and effect of such reductions, or submit to the general court specific proposals to raise additional revenues by a total amount equal to such deficiency. Any action challenging the legality of an allotment reduction pursuant to this section shall be commenced in the supreme judicial court for Suffolk county.
Whenever the governor reduces allotments under the preceding paragraph, the governor shall notify the house and senate committees on ways and means in writing 15 days before any alterations to the original allotment reduction plan. Any alterations to the original allotment reduction plan that would seek to increase an allotment must provide an equal reduction in other allotments or propose to raise additional revenues to total the amount of the allotment increase.
As an alternative to the submission of such proposals to raise additional revenues and to the extent funds are available, the governor may recommend an appropriation equal to such deficiency from the Commonwealth Stabilization Fund in the manner provided in section 2H.
SECTION 192. Section 1 of chapter 30 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 6, the words "the metropolitan district commission,”.
State Employee Workers' Compensation Benefits
SECTION 193. Section 58 of said chapter 30, as appearing in the 2000 Official Edition, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
Notwithstanding this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in his custody, and who as a result of such injury would be entitled to benefits under sections 34 and 34A of said chapter 152 shall be paid the difference between his regular salary and the weekly cash benefits to which he would be entitled under said chapter 152; or, under section 35 of said chapter 152, shall be paid the difference between his regular salary and the sum of the weekly cash benefits to which he would be entitled under said chapter 152 and an assigned or agreed upon earning capacity. Employees who are separated from employment by way of resignation or retirement shall not be entitled to payments under this section.
Procedure for the Retention of Outside Counsel by the
Commonwealth
SECTION 194. Chapter 30 of the General Laws is hereby amended by adding the following section:-
Section 65. (a) A lawyer who is not a regular state employee shall not provide legal services for the commonwealth, or for any department, agency, board or commission thereof, unless:
(1) the governor’s chief legal counsel certifies in writing that no state employee can provide the legal services that the lawyer is to provide; and
(2) a written request for the legal services that the lawyer is to provide is made publicly available for competitive bidding, in a manner provided by regulations of the state purchasing agent, approved by the comptroller. If the legal services to be provided require appointment as a special assistant attorney general, the attorney general shall be consulted during the procurement process to ensure that the appropriate services are contracted for and to ensure the selection of a qualified bidder. This clause shall not apply in an emergency, as described in writing by the governor’s chief legal counsel.
(b) The secretary of administration and finance, with the comptroller’s assistance, shall make a written semiannual report of expenditures for legal services for the commonwealth, or for any department, agency, board or commission thereof, provided other than by regular state employees. The report shall show the name of each lawyer, law firm if any, amount expended, and a brief statement of the legal services provided. The report shall be made to the house and senate committees on ways and means and the joint committee on state administration, not later than September 1 each year for the period from January 1 to June 30 of that year, and not later than March 1 each year for the period from July 1 to December 31 of the preceding year.
(c) This section shall apply only to legal services provided under contract with the governor or with an officer, department, agency, board or commission serving under the governor or within one of the executive offices headed by a secretary appointed by the governor.
SECTION 195. Section 62 of chapter 31, as so appearing, is hereby amended by striking out, in line 33, the words "or the metropolitan district commission”.
Clarifying Pension Funding Schedule
SECTION 196. Section 1 of chapter 32 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in lines 66 through 68, the words “and approved by the general court and the house and senate committees on ways and means pursuant to the provisions of section twenty-two C”.
Clarifying Pension Funding Schedule
SECTION 197. The definition of “Commonwealth funding schedule” in said section 1 of said chapter 32, as so appearing, is hereby amended by striking out in lines 89 through 95 the following words:- ; provided, however, that the house and senate committees on ways and means shall have reviewed and approved in advance such actuarial, economic, and demographic assumptions and the manner and methodology used in the development of the actuarial reports and recommendations, prior to the consideration of said actuarial valuations, reports, and schedules.
Insurance for Volunteer Public Safety Personnel
SECTION 198. Section 2B of chapter 32, as so appearing, is hereby amended by inserting at the end thereof the following sentence:- Any governmental units may provide health insurance coverage to such individuals and may require such individuals to pay any portion of the premium costs necessary to provide coverage to such individuals and a reasonable service charge.
Clarifying Pension Funding Schedule
SECTION 199. The first paragraph of subsection (1) of section 22C of said chapter 32, as amended by section 17 of chapter 177 of the acts of 2001, is hereby amended by striking out, in lines 39 to 45, the following words:- ; provided, however, that the house and senate committees on ways and means shall have reviewed and approved in advance the actuarial, economic, and demographic assumptions upon which said actuarial valuation reports and such other reports are based, and the manner and methodology used in the development of the actuarial reports and recommendations, prior to the consideration of said actuarial valuation, reports, and schedules by the general court.
Clarifying Pension Funding Schedule
SECTION 200. Said subsection (1) of said section 22C of chapter 32, as so appearing, is hereby amended by striking out, in lines 59 to 66,the following words:- ; provided, however, that the house and senate committees on ways and means shall have reviewed and approved in advance the actuarial, economic, and demographic assumptions upon which said actuarial valuation reports and such other reports are based, and the manner and methodology used in the development of the actuarial reports and recommendations, prior to the consideration of said actuarial valuation, reports, and schedules by the general court.
Clarifying Pension Funding Schedule
SECTION 201. Said second paragraph of said subsection (1) of said section 22C of said chapter 32, as so appearing, is hereby further amended by striking out the fourth and fifth sentences.
Clarifying Pension Funding Schedule
SECTION 202. Said subsection (1) of said section 22C of said chapter 32, as so appearing, is hereby further amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, for the ensuing fiscal years, the public employee retirement administration commission shall, every 3 years, complete a periodic actuarial valuation report to determine the commonwealth’s total actuarial liability and shall conduct and complete a periodic experience investigation which shall accompany every other actuarial valuation report. A valuation report shall be completed to determine the actuarial liability as of January 1, 2005. Subsequent valuation reports shall be completed to determine the actuarial liability as of January 1, 2008, as of January 1, 2011, as of January 1, 2014 and as of January 1, 2017. A periodic experience investigation shall be completed every six years as follows: as of January 1, 2005, as of January 1, 2011 and as of January 1, 2017. The commissioner of administration shall provide the valuation report and experience investigation to the house and senate committees on ways and means and the pension reserves investment management board for review not later than April 1 of each calendar year during which the commissioner shall report. Based on the information included in the valuation report and the experience investigation, the commissioner shall establish a funding schedule in each of the years for which an actuarial valuation report is required. Annual appropriations to the commonwealth’s pension liability fund shall be made pursuant to the funding schedule for the ensuing three fiscal years.
SECTION 203. Chapter 38 of the General Laws is hereby repealed.
SECTION 204. Section 20 of chapter 40B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out, in line 41, the words "the metropolitan district commission”.
SECTION 205. Section 24 of said chapter 40B, as so appearing, is hereby further amended by striking out, in lines 18 and 19, the words “the commissioner of environmental management,”.
Metropolitan Planning Organizations
SECTION 206. Chapter 40B of the General Laws is hereby amended by adding the following caption and section:-
METROPOLITAN PLANNING ORGANIZATIONS.
Section 30. The policy board of every metropolitan planning organization designated under 23 U.S.C. section 134 shall include, for advisory purposes only and not as voting members, the director of economic development, the director of housing and community development, the commissioner of environmental management, and the commissioner of environmental protection, or their designees.
SECTION 207. Section 8 of chapter 40N, as so appearing, , is hereby amended by striking out, in lines 69 and 70, the words “department or commission” and inserting in place thereof the following word:- departments.
SECTION 208. Chapter 41 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out section 108L and inserting in place thereof the following section:-
Section 108L. There is hereby established a career incentive pay program offering base salary increases to regular full-time members of the various city and town police departments, uniformed members of the department of state police appointed under section 10 of chapter 22C of the General Laws and state police detectives appointed under said section 10, as a reward for furthering their education in the field of criminal justice.
Only graduates of criminal justice or law enforcement programs that meet or exceed the guidelines for criminal justice and law enforcement programs as set forth by the board of higher education shall be eligible for the police career incentive pay program. Any degree programs pursued for police career incentive pay increases shall be required to submit a letter of intent annually to the chancellor of the board of higher education to seek approval as a police career incentive pay program. The president of a New England association of schools and colleges-accredited institution or a board of higher education-approved institution with an approved criminal justice or law enforcement program shall submit a letter of intent to the chancellor of the board of higher education indicating the institution’s intent to seek approval of its criminal justice degree program(s) during the first year of the implementation of the guidelines. Said letter of intent shall include a statement of commitment to implement guidelines for criminal justice and law enforcement programs.
Any application to seek approval as a police career incentive pay program participating institution shall include the following: (1) a profile of said program, (2) a self-assessment of the program(s), and (3) an application fee to cover the evaluation costs of the review process.
Each institution shall pay an evaluation fee to the board of higher education’s police career incentive pay program quality assurance trust fund to cover the costs of review of its program(s). In addition to said fee, the institution shall pay for travel, room, board and other normal expenses of the external evaluation committee. If said committee requires subsequent visits, the board of higher education shall charge for further expenses at its discretion. Evaluation fees will be determined by the total number of degrees awarded to all students enrolled in the criminal justice and law enforcement program(s) being reviewed based on an average of the three years immediately prior to the submission of the application. Fees shall be set in the following manner: $1000 for a degree program with an average enrollment of not more than 20 students per year, $1500 for a degree program with an average enrollment between 20 and 50 students per year, $2000 for a degree program with an average enrollment between 51 and 100 students per year, $2500 for a degree program with an average enrollment between 101 and 150 students per year, $3000 for a degree program with an average enrollment between 151 and 200 students per year, and $3500 for a degree program with an average enrollment above 200 students per year.
Once an application is submitted, the following timetable shall apply: (1) not more than 30 business days after application submission, the board of higher education shall determine whether or not the application is complete and notify the institution, (2) not more than 30 business days after notification, the board of higher education shall appoint an external evaluation committee in accordance with the guidelines for criminal justice and law enforcement academic programs, set forth by said board, (3) not more than 30 business days after committee appointment, said committee shall submit a report to the board of higher education staff, (4) not more than 30 business days after receipt of said report by the board of higher education, the committee’s final report shall be sent to the institution for a response, (5) not more than 30 days after receiving the institution’s response, the staff of the board of higher education shall evaluate materials submitted by the institution, the committee’s written report, the written response by the institution and any additional information submitted by the institution, and based on its review, the board staff shall make a recommendation to the board for deferral, approval or disapproval. If the board recommends disapproval, the board shall provide a statement of reasons for the decision.
Programs approved by the board of higher education shall be included on an approved program list for five years. The institutions shall annually submit a status report on their approved programs to the board. Programs receiving deferrals from the board shall be notified of specific conditions that must be met and a timetable for coming into compliance. Programs not approved by the board may not re-apply for at least one calendar year following the board’s determination.
When, in the judgment of the board staff, a review or inspection of a degree program is necessary, the board, in conjunction with the applicant institution, shall select and appoint an external evaluation committee to serve in the following manner: (1) The committee shall review the materials submitted by the program, shall, under most circumstances, visit the institution and shall submit a report to the board containing recommendations regarding the program’s request for approval. (2) The number of reviewers on the committee shall be determined by size, number and level of program(s) being reviewed and shall in no instance include fewer than two academicians. (3) To be eligible to serve as an evaluator, individuals shall have earned at least a master’s degree in criminal justice or a closely related discipline. Academic team members shall have professional experience in college-level teaching, research, administration and/or other relevant activities with institutions of higher education. Practitioners shall have at least five years of full-time supervisory and/or administrative experience as criminal justice practitioners, as well as specific knowledge of, or experience in, criminal justice education. (4) No person shall serve as an evaluator who is employed by an institution deemed by the board to be in direct competition with the institution under review. (5) No person shall serve as an evaluator who has a present official or unofficial connection with the institution under review or has had such a connection within the previous 4 years, or who the board has reason to believe has independent or pecuniary interest in the outcome of the board’s final action. External evaluators shall have a disinterested professional commitment to the task of rendering objective findings and recommendations based upon empirical evidence and informed judgments. (6) Each committee shall have a chair who shall be responsible for providing leadership to the committee, for being the committee’s liaison with the institution and for preparing the committee’s report with the other committee members. (7) The committee shall submit a written report, including recommendations to the board. Board staff shall forward a copy of said report to the institution to correct factual errors and respond to the content and recommendations within said report. (8) Evaluators will be given an honorarium by the board of higher education in addition to the evaluation fee and the evaluators’ expenses. (9) Evaluators will be provided an orientation prior to conducting reviews.
Annually, each approved institution shall submit two copies of a report to the board reviewing the status of the institution’s criminal justice and law enforcement program(s). This report shall certify that the criminal justice program is being maintained and operated in accordance with the provisions and guidelines set forth by the board of higher education for criminal justice and law enforcement programs. If, at any time, in the judgment of the board staff, there is a reasonable probability of non-compliance with the board’s guidelines by a particular institution, the board may review said institution to determine if continued approval of said institution is proper.
An institution that objects to an adverse decision may appeal the board’s determination. Said appeal shall be heard by a review panel appointed by the board of higher education and the findings and recommendations of the panel will be received by the board.
With the implementation of the guidelines for criminal justice and law enforcement programs, as approved by the board of higher education, said board shall certify career incentive pay increases only for graduates of New England Association of School and Colleges-accredited or board-approved law schools who have passed the Massachusetts bar examination.
Career incentive bonuses authorized by this section for degrees attained from programs approved by the board of higher education shall be granted annually in the following manner: $6,000 for an associate’s degree; $7,500 for a baccalaureate degree; and $8,500 for a master’s degree or a law degree. If such a police officer or member of the department of state police appointed under section 10 of chapter 22C earned at least forty semester hour credits in courses leading towards a degree in law enforcement or any course or degree program approved by the board of higher education prior to July 1, 1976, they shall be entitled to a career incentive annual bonus of $5,500.
Any city or town which accepts the provisions of this section and provides annual career incentive bonus payments for police officers shall be reimbursed by the commonwealth for one half the cost of such payments upon certification by the board of higher education. A city or town which accepts the provisions of this section after August 1, 2002, however, and provides annual career incentive bonus payments for police officers, shall not be reimbursed by the commonwealth for those payments for any fiscal year before 2006. The board of higher education shall certify the amount of such reimbursement to be paid to such city or town police department of similar rank. Said information shall be filed with said board on or before September first of each year, on a form furnished by said board. The board of higher education shall also certify the amount of annual career incentive bonus payments to be allocated to the members of the department of state police appointed under section 10 of chapter 22C from information filed with said board on or before September first of each year by the colonel of state police. Said information shall be filed on a form to be furnished by the board of higher education.
Notwithstanding any provisions of this section to the contrary, for cities and towns which have accepted the provisions of this section prior to January 1, 2004, the commonwealth shall provide a 50 per cent reimbursement for the costs of approved career incentive base salary adjustments pursuant to the provisions of this section in effect on July 1, 2003. Police officers receiving career incentive base salary adjustments prior to January 1, 2004 shall continue to receive such base salary adjustments as certified by said board, pursuant to the provisions of this section in effect prior to July 1, 2003.
Medicaid Reimbursements for Charter School Students
SECTION 209. Section 72 of chapter 44 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word "commission" in line 59 the following words:— , charter school.
SECTION 210. Section 13 of chapter 58, as so appearing, is hereby amended by striking out, in line 36, the words “environmental management” and inserting in place thereof the following words:- conservation and recreation
SECTION 211. Section 17C of said chapter 58, as so appearing, is hereby amended by striking out, in line 8, the words “metropolitan district commission and”.
Racing Distribution Payments to Host Communities
SECTION 212. Section 18D of chapter 58 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the words “one quarter of one” in line 6 and inserting in place thereof the following figure:- .35.
SECTION 213. Clause Forty-fourth of section 5 of chapter 59, as so appearing, is hereby amended by striking out, in lines 1191 to 1194, inclusive, the words “director of the division of water pollution control in the department of environmental management or the director of the air pollution control agency in the commonwealth, as the case may be,” and inserting in place thereof the following words:- department of environmental protection.
SECTION 214. Section 5D of said chapter 59, as so appearing, is hereby amended by striking out, in lines 17 and 18, and in line 34, the word “commission” and inserting in place thereof, in each instance, the following word:- department.
SECTION 215. Section 20A of said chapter 59, as so appearing, is hereby amended by striking out, in lines 1 and 2, the words “including the metropolitan district commission,” .
Reporting of Corporate Tax Information
SECTION 216. Chapter 62C of the general laws is hereby amended by inserting after section 12 the following new section:-
Section 12B. (a) Each financial institution, insurance company, and publicly-traded corporation obligated to file both a report pursuant to the Securities and Exchange Act of 1934 and successor acts or Title 12 of the United States Code or section 7 of chapter 167 or section 26 of chapter 168 or section 18 of chapter 170 or section 22 of chapter 172 or section 25 of chapter 175 and a tax return pursuant to section 11 (a) or section 12 (a), (d), (e), or (f) of this chapter shall, on or before March 1 of each year, report to the state secretary certain information from such tax return on a form prepared by the state secretary.
Any entity which files a consolidated return shall report to the state secretary on a consolidated basis and shall list all entities so consolidated. Such form shall be treated as a report for the purposes of section 112 of chapter 156B, section 9 of chapter 181, and sections 7 and 8 of chapter 167 and as part of the annual report for purposes of section 26 of chapter 175.
An amended form shall be filed within thirty days of any relevant change to the return made by the taxpaying entity or ordered by the commissioner.
This section shall not apply to any financial institution, insurance company, or publicly-traded corporation which opts to take no deductions and no credits that would otherwise reduce said financial institution’s, insurance company’s, or publicly-traded corporation’s tax liability.
(b) The forms prepared by the secretary shall be made available to the entities required to report under this section no later than January first of each year. Such form shall require the reporting of information from the return, schedule, and attachments relevant to calculation of tax liability and to the effect of apportionment rules, exemptions, deductions, and credits on the tax liability of entities subject to this reporting requirement. Said forms shall require information which includes, but which is not limited to, the following, as applicable: name of entity, street address of principal office; net and gross income and assets, including, where applicable, gross profit, taxable Massachusetts tangible property, taxable net worth, gross receipts or sales, net income, total net taxable income, income subject to apportionment, income taxable in Massachusetts, total net and gross direct premiums in or allocable to Massachusetts, taxable premiums, gross investment income, Massachusetts taxable investment income, net underwriting profit, admitted assets, total adjusted taxable income; each deduction, exemption, credit offset, adjustment or credit carryover which reduces income subject to taxation including to a negative level or otherwise affects tax liability; the percentage used, if any, to establish what portion of total net taxable income is apportioned to Massachusetts; the total Massachusetts excise or tax due; the total Massachusetts excise or tax paid; any excess tax credit or credits subject to carryover to future years; and its net income according to its books on its federal return. In no case may the secretary require the reporting of any information not required on the return, schedules, or attachments provided to the commissioner.
(c) Any financial institution, insurance company, or publicly traded corporation covered by this section which chooses to supplement the foregoing information with additional information from its tax return, may request, in writing of the state secretary that such financial institution, insurance company, or publicly-traded corporation be allowed to append to the form such additional information. Such permission shall not be unreasonably denied.
Extension of Revenue Intercept Program to Housing Authorities
2
SECTION 217. Subsection (b) of section 21 of chapter 62C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the word “development”, in line 104, the following words:- , a housing authority as defined by section 3 of chapter 121B or regional housing authority as defined in said chapter 121B.
SECTION 218. Subsection (b) of section 21 of chapter 62C of the General Laws is hereby amended by inserting after paragraph (20) the following new paragraph:-
(21) The full exercise of any of the activities required of either the commissioner or the state secretary by section twelve B of this chapter.
Taxpayer Returns Corrections 1
SECTION 219. Section 26 of chapter 62C of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof the following subsection:
(c) In the case of an arithmetic or clerical error or other obvious error, including any exclusion of taxable unemployment compensation or Massachusetts state lottery winnings, apparent either upon the face of the return or from a comparison of the return with any records pertaining to the taxpayer's liability or payment thereof, which are maintained by the commissioner or furnished to the commissioner from any third party source, the commissioner may assess a deficiency attributable to such error without giving notice to the person being assessed. The commissioner may make such corrections to errors found upon a taxpayer's return and to the amount shown as the tax assessed thereon, including an increase in tax due or a reduction in a refund claimed, as will cause the return to conform with any records pertaining to the taxpayer's liability or payment thereof, which are maintained by the commissioner or furnished to the commissioner by any third-party. Concurrently with the making of such corrections, the commissioner shall notify the taxpayer in writing of the changes made to the return. If within 30 days after the date of such notice, or within any extended period permitted by the commissioner, the taxpayer fails to challenge the corrections, the return as corrected shall constitute the taxpayer's amended self-assessed return and the commissioner shall not be required to assess the corrected tax, nor to provide the taxpayer with a notice of intention to assess, nor otherwise to send any notice of the corrected tax liability to the taxpayer. Any taxpayer that disagrees with corrections made by the commissioner's corrections under this subsection shall challenge them in writing within 30 days after the date of the commissioner's notice, or within any extended period permitted by the commissioner. Once so challenged, the commissioner shall be required to assess any additional tax not shown on the original return in accordance with subsection (b) and shall comply with subsection (e) of section 32 if the commissioner's initial corrections to the return resulted in the reduction or elimination of a refund claimed on the return by the taxpayer.
Substantiation of Tax Abatement Applications - Interest
Savings
SECTION
220. Section 37 of chapter 62C of
the General Laws, as so appearing, is hereby amended by inserting after the first
paragraph the following paragraph:-
The
applicant shall, at the time of filing its abatement application, include and
attach to it all supporting information, documents, explanations, arguments and
authorities that will enable the commissioner to determine whether the applicant
is entitled to the abatement requested. The applicant shall not be considered
to have submitted a completed written abatement application until the date on
which all such information reasonably requested from the applicant and reasonably
necessary for a decision has been furnished to the commissioner. If the commissioner
has made a written request to the applicant for additional information, not then
contained in the taxpayer's pending abatement application, and the applicant fails
to provide such information within 30 days after such request, or within any extended
period allowed by the commissioner, that application shall be considered incomplete
and shall be denied without prejudice to its timely renewal. The commissioner
shall give such applicant written notice that the denial is based upon the lack
of a complete abatement application. No appeal from such denial shall be permitted
either to the appellate tax board or to any probate court under section 39.
The Administrative Appeal Process for Assessments
SECTION 221. Said section 37 of said chapter 62C, as so appearing, is hereby amended by inserting, after the words "his application", in line 15, the following:- if and only if the applicant has not already had a pre-assessment hearing pursuant to the provisions of section 26(b) of this chapter, unless the applicant first establishes to the satisfaction of the commissioner that a further hearing is necessary either due to the availability of new factual information or new legal precedent not available to the applicant at the time of the section 26(b) hearing.
SECTION 222. Section 40 of said chapter 62C is hereby amended by striking out, in lines 6 and 7 as so appearing, the words "established under section thirty-two of this chapter" and inserting in place thereof the following words:- of the federal short-term rate determined under section 6621(b) of the Internal Revenue Code, as amended and in effect for the taxable year, plus 2 percentage points, computed as simple interest.
Overpayment Date Definition and Interest Due Upon Late-Filed
Returns
SECTION 223. Subsection (a) of said section 40 of said chapter 62C, as so appearing,
is hereby amended by inserting, at the end thereof, the following paragraphs:-
For purposes of this section, the term "date of overpayment"
shall mean the later of the date when the commissioner shall have received a properly
completed return and full payment of the tax due thereon, or the date when the
commissioner shall have received a completed and substantiated written application
for abatement filed in accordance with this chapter.
The commissioner shall not refund any tax, interest, penalty or
overpayment nor shall the state treasurer make any such refund where any taxpayer
fails to file a return within three years of the due date of such return, without
regard to extensions.
Taxpayer Returns Corrections 2
SECTION 224. Subsection (b) of section 40 of said chapter 62C, as so appearing, is hereby amended by inserting at the end of the concluding sentence the following:- as compared with the tax liability shown as a result of any corrections made to the return by the commissioner under section 26(c) using any records regarding that liability or the payment thereof which are maintained by the commissioner or which are furnished to the commissioner by any third-party.
SECTION 225. Section 1 of chapter 62D of the General Laws, as most recently amended by section 247 of chapter 184 of the acts of 2002, is hereby further amended by striking out the definition of “debt” and inserting in place thereof the following:—
"Debt”, an unpaid spousal or child support obligation which is being enforced by the claimant agency, or which is collected or ordered to be collected by a court, whether or not there is an outstanding judgment for the sum; an amount owed the division of medical assistance by a debtor; an amount owed the department of transitional assistance by recipients, or former recipients, of public assistance; any liquidated sum due and owing to the corporation on an education loan made under any of the programs administered by the corporation in behalf of the commonwealth whether or not there is an outstanding judgment for that sum or any liquidated sum, certified by the comptroller as due and owing to any state agency, as defined in section 1 of chapter 29, any overdue debt certified by the comptroller as due or owing to a city or town of the commonwealth or any agency of the city or town or any housing authority or any state authority as defined in said section 1 of said chapter 29, or an amount owed the division of health care finance and policy on behalf of the uncompensated care pool by a person or a guarantor of a person who received free care services paid for in whole or in part by the uncompensated care pool or on whose behalf the uncompensated care pool paid for emergency bad debt, pursuant to subsection (m) of section 18 of chapter 118G.
SECTION 226. Said section 1 of said chapter 62D, as so appearing, is hereby further amended by striking out the definition of “debtor” and inserting in place thereof the following:—
"Debtor”, any individual owing money for support payments to the claimant agency or to persons for whom the claimant agency is providing enforcement services under state and federal law; any individual owing money to the division of medical assistance for costs incurred as a result of noncompliance by that individual with an order to provide coverage for the cost of health services to a child eligible for assistance under Title XIX of the Social Security Act, as further described in section 23 of chapter 118E; any individual owing money to the division of employment and training; any individual owing money to the department of transitional assistance for overpayments of public assistance; any individual owing money on an education loan to the corporation or any individual or entity owing a debt as defined herein, which obligation has not been adjudged satisfied by court order, set aside by court order, or discharged in bankruptcy; or any individual owing the Uncompensated Care Trust Fund administered by the division of health care finance and policy for the cost of free care services or emergency bad debt paid for in whole or in part by the uncompensated care pool, pursuant to subsection (m) of section 18 of chapter 118G.
Extension of Revenue Intercept Program to Housing Authorities
3
SECTION 227. The definition of “Debt” in section 1 of said chapter 62D, as appearing in section 3 of chapter 9 of the acts of 2003, is hereby amended by inserting after the words “any agency of the city or town” the words:— , any housing authority,.
Extension of Revenue Intercept
Program to Housing Authorities 4
SECTION 228. Clause (ix) of section 13 of chapter 62D of the General Laws, as appearing in section 6 of said chapter 9, is hereby amended by inserting after the words “agency of a city or town” the following words:— , to a housing authority.
SECTION 229. Chapter 62F is hereby amended by striking out said chapter and inserting in place thereof the following new chapter:-
Chapter 62F.
Section 1. It is the intent of this chapter that there be established for each fiscal year a state tax revenue growth limit consistent with long term trend revenue growth to aid in stabilizing tax rates and state spending over economic cycles. Further, although not specifically required by anything contained in this chapter, it is assumed that from allowable state tax revenues as defined herein the Commonwealth will give priority attention to the funding of state financial assistance to local governmental units, obligations under the state governmental pension systems, and payment of principal and interest on debt and other obligations of the Commonwealth. Any other provisions of the general or special laws of the Commonwealth notwithstanding, the following provisions shall be effective.
Section 2. For the purposes of this chapter the following definitions apply:
“Allowable state tax revenues,” for any fiscal year beginning after June 30, 2003, an amount equal to 101 per cent of amount of net state tax revenues which would be predicted by extrapolating from the linear trend of inflation-adjusted taxes in the three prior lowest points of the economic cycle. For any fiscal year from 2004 until the first year in which inflation-adjusted taxes fall more than five per cent, the three prior lowest points of the economic cycle shall be considered to be inflation-adjusted taxes in fiscal years 1981, 1990, and 2002.
“Commissioner,” the Commissioner of Revenue as defined in section four (a) of chapter seven of the general laws.
“Above-trend state tax revenues,” the amount by which net state tax revenues, as defined herein, for a fiscal year exceed the allowable state tax revenues, as defined herein, for said fiscal year.
“Inflation-adjusted taxes,” for any fiscal year, net state tax revenues for that fiscal year divided by the ratio of the implicit price deflator for state and local government purchases for said fiscal year as reported by the bureau of economic analysis of the United State department of commerce or its successor agency to the implicit price deflator for the most recent period for which data is available.
“Local governmental unit,” any city, town, county, district or other political subdivision of the Commonwealth.
“Net state tax revenues,” state tax revenues, as defined herein, as decreased by the amount of state tax revenues abated or refunded.
“State tax revenues,” the revenues of the Commonwealth from every tax, surtax, receipt, penalty and other monetary exaction, and interest in connection therewith, including but not limited to, taxes and surtaxes on personal income, excises and taxes on retail sales and use, meals, motor vehicle fuels, businesses and corporations, public utilities, alcoholic beverages, tobacco, inheritances, estates, deeds, room occupancy and pari-mutuel wagering; but excluding federal reimbursements, proceeds from bond issues, earnings on investments, tuitions, fees, service charges and other departmental revenues. For the purposes of this chapter, revenues from taxes which are expendable without further legislative authorization, including but not limited to that portion of the sales tax revenues devoted to the Massachusetts Bay Transportation Authority, shall be considered state tax revenues.
Section 3. The governor and the general court in exercising their respective constitutional and statutory duties shall establish and approve a budget for the Commonwealth which relies an amount of tax revenue no greater than the allowable state tax revenues for that fiscal year.
Section 4 The commissioner shall annually, on or before January first prepare a report of the net state tax revenues and the allowable state tax revenues of the commonwealth for the preceding fiscal year and projected allowable state tax revenues for the current and following fiscal year, and shall submit the report to the secretary of administration and finance and the house and senate committees on ways and means.
Section 5. If net state tax revenues in any fiscal year exceed allowable state tax revenues for said fiscal year the amount of such above-trend state tax revenues, as determined by the commissioner pursuant to section five of this chapter, shall be subject to section 5C of chapter 29.
SECTION 230. Section 31A of chapter 63 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out paragraphs (k) and (l) and inserting in place thereof the following 2 paragraphs:—
(k) Paragraphs (a) and (f) shall not be available for the taxable years ending on or after December 31, 1993 but shall be available for the taxable years beginning on or after January 1, 2005.
(l) Paragraphs (i) and (j) shall be available only for the taxable years ending on or after December 31, 1993, but shall not be available for the taxable years beginning on or after January 1, 2005. A corporation shall not be eligible for this credit for more than 14 taxable years.
Extension of Revenue Intercept Program to Housing Authorities
5
SECTION 231. Section 17A of said chapter 66, as so appearing, is hereby amended by inserting after the word “section.”, in line 38, the following words:- The data from the records of the department of transitional assistance shall also be available to the department of housing and community development and to local housing authorities created pursuant to chapter 121B for the purpose of ascertaining or confirming any fraud or abuse by tenants of and applicants for state or federal housing assistance.
SECTION 232. Section 17D of chapter 66, as so appearing, is hereby amended by striking out, in line 2, the words “fisheries, wildlife and recreational vehicles” and inserting in place thereof the following words:- conservation and recreation.
Repealing Mandatory Pre-Employment TB Screening for
Public School Personnel
SECTION 233. Section 55B of chapter 71 of the General Laws is hereby repealed.
SECTION 234. Section 89 of chapter 71 of the General Laws is hereby amended by striking out, in lines 411 to 444, inclusive, as appearing in the 2000 Official Edition, clause (nn) and inserting in place thereof the following clause:-
(nn) Commonwealth charter schools shall be funded as follows. For any student attending a charter school, the commonwealth shall pay a tuition amount to the charter school equal to the lesser of: (1) the average operating cost per student in the district in which the student resides; and (2) the average operating cost per student in the district in which the charter school is located. The state treasurer is hereby authorized and directed to deduct said charter school tuition amount from the total education aid, as defined in said chapter 70, of the district in which the student resides prior to the distribution of said aid. In the case of a child residing in a municipality which belongs to a regional school district, the charter school tuition amount shall be deducted from said chapter 70 education aid of the school district appropriate to the grade level of the child. If, in a single district, the total of all such deductions exceeds the total of said education aid, this excess amount shall be deducted from other aid appropriated to the city or town. If, in a single district, the total of all such deductions exceeds the total state aid appropriated, the commonwealth shall appropriate this excess amount; provided, however, that if said district has exempted itself from the provisions of chapter 70 by accepting section 14 of said chapter 70, the commonwealth shall assess said district for said excess amount. The state treasurer is hereby further authorized to disburse to the charter school an amount equal to each student's charter school tuition amount as defined above. The board of education shall adopt regulations for determining the average operating cost per student in calculating charter school tuition amounts for the purpose of this subsection, and in adopting said regulations shall consult with the executive office for administration and finance and shall consider the actual cost per student, the variation in cost for different grade levels and different programs, the advisability of establishing a maximum amount for such average cost, and the impact on existing charter schools, other public schools in the district, and new charter schools.
Health and Human Services Reorganization 5
SECTION 235. Section 3 of chapter 71B of the General Laws is hereby amended by striking out, in lines 135 and 136, as so appearing, the words “division of health care finance and policy established by section 2 of chapter 118G” and inserting in place thereof the following words:- secretary of health and human services pursuant to 2A of chapter 118G.
SECTION 236. Paragraph (b) of section 5A of chapter 71B of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking out the definitions "in-district programs" and "out-of-district programs".
SECTION 237. Said section 5A of said chapter 71B, as so appearing, is hereby amended by striking out paragraph (c) and inserting in place thereof the following paragraph:—
(c) Instructional costs eligible for reimbursement under said program shall be reported by a school district to the department in a form and manner as prescribed by the commissioner. For each such school district, the department shall review said report and approve those per pupil instructional costs that are eligible for reimbursement pursuant to said program within 30 days of submission. Based upon said approved costs, the department shall calculate the reimbursement due a municipality. The costs of programs shall be reimbursed at 75 per cent of all such approved costs that exceed 4 times the state average per pupil foundation budget, as defined in said chapter 70, for the current fiscal year.
Special Education Circuit Breaker for Children Placed
in District by the State
SECTION
238. Subsection (c) of section 5A
of chapter 71B of the General Laws, as so appearing, is hereby amended by adding
the following paragraph:—
Notwithstanding
the foregoing, the reimbursement rate for students who have no father, mother,
or guardian living in the commonwealth, and for any school age child placed in
a school district other than a home town by, or under the auspices of, the department
of transitional assistance or the department of social services, shall be 100
per cent of all the approved costs that exceed 4 times the state average per pupil
foundation budget.
University of Massachusetts Campus Missions
SECTION 239. Section 1A of chapter 75 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting, in line 98, after the words “public higher education as a whole.” the following new sentences:-
In developing its mission statements for the board of higher education, the university shall provide a clear indication of the different missions of its campuses and shall provide national benchmarks that demonstrate the campuses’ success in competing with peer institutions. The chancellors of institutions with the potential to expand their mission, profile, and orientation to a more regional or national focus may develop in consultation with the board of trustees of the university a five-year plan embracing an entrepreneurial model which leverages that potential in order to achieve higher levels of excellence. Said plan shall include, but not be limited to, a three year retrospective description of performance and a five year plan for future goals.
Expanding the Turnpike’s Role in Central and Western
Massachusetts 1
SECTION 240. Paragraph (e) of section 4 of chapter 81A of the General Laws, as so appearing, is hereby amended by striking the entire paragraph and inserting in place thereof the following new paragraph:-
(e) to (i) own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the turnpike or any part thereof; (ii) consistent with agreements entered into with the highway department to the extent applicable, own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the metropolitan highway system or any part thereof, as it may determine; and (iii) effective October 1, 2003, maintain, repair, use police, administer and operate interstate highway route 395, interstate highway route 84 and interstate highway route 291; provided, however, that the provisions of chapter 91 shall not apply to the authority, except for any parts or areas thereof subject to said chapter 91 on March 1, 1997;
Expanding the Turnpike’s Role in Central and Western
Massachusetts 2
SECTION 241. Paragraph (a) of section 10 of chapter 81A, as so appearing, is hereby amended by inserting in line 11, after the word “turnpike” the following:- as well as the costs of maintaining, repairing, using, policing, administering and operating interstate highway route 395, interstate highway route 84 and interstate highway route 291.
Regulating the Turnpike Tourism Grant Program
SECTION 242. Section 18 of chapter 81A of the General Laws, as so appearing in the 2000 Official Edition, is hereby amended by striking out, in line 6, the words “one million dollars” and inserting in place thereof the following words:- $500,000 nor more than $1,000,000.
Disposition of Operation of a Motor Vehicle Without
a License as a Civil Infraction
SECTION 243. Section 10 of chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the first paragraph the following 2 paragraphs:- The court shall treat a first violation of the first paragraph of this section as a civil infraction. A person complained of for such civil infraction shall be adjudicated responsible upon such finding by the court and shall neither be sentenced to any term of incarceration nor be entitled to appointed counsel pursuant to chapter 211. A person convicted of a first offense under the first paragraph of this section shall be punished by a fine of not less than $500 nor more than $1,000.
An adjudication of responsibility under the first paragraph of this section shall neither be used in the calculation of second and subsequent offenses under any chapter, nor as the basis for the revocation of parole or of a probation surrender.
Increasing the Speeding Surcharge
SECTION 244. Section 20 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph, and inserting in its place the following paragraph:- There shall be a surcharge of $50 on a fine assessed against any person convicted or found responsible of a violation of the provisions of section 17 or a violation of a special regulation lawfully made under the authority of section 18. The first $25 of each surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Head Injury Treatment Services Trust Fund. The remaining amount shall be transferred by the registrar of motor vehicles to the state treasurer for deposit in the General Fund.
Additional Penalties for Failure to Register with Sex
Offender Registry Board
SECTION 245. Section 22 of said chapter 90, as so appearing, is hereby amended by inserting at the end thereof the following subsection:—
(j) Upon receipt of notice, as specified by the registrar, from the sex offender registry board, that a sex offender has failed to comply with the registration requirements of sections 178C through 178P of chapter 6, the registrar, shall suspend or prohibit issuance or renewal of a license, learner's permit, right to operate a motor vehicle or certificate of motor vehicle registration held by such a sex offender. The sex offender shall receive notice that the registrar shall suspend or prohibit renewal of such a license, learner's permit, right to operate a motor vehicle or certificate of motor vehicle registration in 90 days due to his failure to comply with the registration requirements of sections 178C through 178P of chapter 6, unless the sex offender furnishes proof to the registrar that he has complied with his sex offender registration requirements. A sex offender whose license, learner’s permit, right to operate a motor vehicle or certificate of motor vehicle registration has been suspended due to his failure to comply with the registration requirements of sections 178C through 178P of chapter 6 may petition for reinstatement of such license, learner’s permit, right to operate a motor vehicle, or certificate of motor vehicle registration at any time if he can furnish sufficient proof as determined by the registrar that the sex offender is in compliance with his sex offender registration requirements. The registrar shall promulgate regulations to implement this section, which shall include the opportunity for a hearing to challenge the lack of sex offender registration compliance. If a hearing is requested, the sex offender registry board shall be notified of the time, place, date of hearing and the identity of the sex offender. An affidavit from the sex offender registry board may be introduced as prima facie evidence of the lack of sex offender registration compliance without the need for members or employees of the sex offender registry board to attend any hearings held under this section.
The registrar shall reinstate, issue or renew such license, learner's permit or right to operate a motor vehicle or allow the registration of a motor vehicle if the sex offender registry board provides to the registrar a notice, as specified by the registrar, stating that the sex offender is in compliance with the registration requirements of sections 178C through 178P of chapter 6 and such sex offender shall be assessed a $100 sex offender registry reinstatement fee which shall be transmitted by the registrar to the treasurer for deposit into the general fund. Notices between the sex offender registry board and the registrar under this subsection may be made in any form, including electronic transmission.
SECTION 246. Subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of said chapter 90, as amended by section 2 of chapter 52 of the acts of 2002, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under the provisions of this section; but $125 of the $250 collected under this assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund, and that the remaining amount of the assessment shall be credited to the General Fund. In the discretion of the court, an assessment under this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
Establishing .08 Blood Alcohol Content as a
Per Se Violation of the Drunk Driving Laws - I
SECTION 247. Section 24 of chapter 90 of the General Laws, as appearing in the 2000 official edition, is hereby amended by striking out, in line 485-488, the words “and if such evidence is that such percentage was eight one-hundredths or more, there shall be a permissible inference that such defendant was under the influence of intoxicating liquor.” and inserting in place thereof, the following:-
“in no instance shall a person operate a motor vehicle if such percentage was eight one-hundredths or more, or if such percentage was two one-hundredths or more if the individual is under the age of 21, and any person in violation thereof shall be punished by a fine or by imprisonment, or both fine and imprisonment, in accordance with that a court may order for a defendant convicted of a violation of subsection (1)(a)(1) or for a defendant previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation.”
Establishing .08 Blood Alcohol Content as a
Per Se Violation of the Drunk Driving Laws - II
SECTION 248. Said section 24, as so appearing, is hereby further amended by striking out in lines 512, and 515 the words “ one hundred and twenty” and inserting in place thereof, the following number:- “180”.
Establishing .08 Blood Alcohol Content as a
Per Se Violation of the Drunk Driving Laws - III
SECTION 249. Said section 24, as so appearing, is hereby further amended by striking out, in lines 520 and 521, the words “one hundred and eighty days” and inserting in place therefore, the following: - “1 year”.
Increasing the Negligent Driving Surcharge
SECTION 250. Paragraph (a) of subdivision (2) of said section 24 of said chapter 90, as appearing in the 2000 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:- There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under the provisions of this section; but $125 of the $250 collected under this assessment shall be deposited by the court with the treasurer into the Head Injury Treatment Services Trust Fund, and that the remaining amount of said