 |
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|---|---|
Mr. Brown moved that the bill amended by inserting, after Section
____, the following new Section:-
SECTION 3. Notwithstanding Section
1 of this Section, any residence, that is also the residence of school-aged
children, does not qualify for the purposes of this Act.
SECTION 4. Notwithstanding Section
1 of this Section, no exemption shall exceed in dollar amount twenty-five
percent of the average single-family tax bill as determined by the Department
of Revenue for the Town of
SECTION 5. An assessed owner of
his/her primary residence, who is a surviving spouse of an assessed owner who
qualified for the exemption in Section 1, shall also qualify for said
exemption, provided he or she is not less than eighty years of age prior to
July 1 of the year for which an exemption pursuant to this act is claimed,
notwithstanding any other requirement of Section 1 of this Act.”
UNDERGROUND STORAGE TANK
Mr. Havern and Mr. Brewer moved that the bill be amended, in Section 2,
in item 1232-0100, by striking out the figure “$18,200,000” and inserting in
place thereof the following figure:- “$28,200,000”.
OTHER
3
TIMELY LOCAL AID RESOLUTION
Ms. Tucker moved that the bill be amended by inserting, after Section ____, the following new Section:-
“Section ___. On or before April 15th, a
consensus local aid resolution for chapter 70 and lottery aid for the budget
for the ensuing fiscal year shall be released.
A special commission will be formed to review timelines and establish process
for meeting this deadline. The
commission shall consist of three members appointed by the president of the
senate; three members appointed by the speaker of house of representatives;
three members of the Massachusetts Municipal Association, one each representing
an urban, suburban and rural community; and the secretary of administration and
finance. The commission shall file a
report and recommendations with the house and senate committees on ways and
means no later than
OTHER
4
PROFESSIONAL SALARY AND CLASSIFICATION
Mr. Moore moved that the bill amended, in Section 2, in item 9500-0000, by inserting at the end thereof the following:- “provided, further, that $100,000 be authorized for a cooperative agreement with the National Conference of State Legislatures for a salary and classification study of the Senate staff”
OTHER
5
MEDICAL DEVICES
Mr. Moore moved that the bill be amended
by striking in its entirety Section 29.
OTHER
6
BUNKER HILL
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section_____, the following new Section:-
“SECTION
____. Section 7 of Chapter 4 of the
General Laws, as appearing in the 2004 Official Edition, is hereby amended
by striking the second sentence of clause eighteenth and inserting in place
thereof the following:- “Legal holiday”
shall also include, with respect to Suffolk county only, March seventeenth,
or the day following when said days occur on Sunday; provided, however, that
the words “legal holiday” as used in section forty-five of chapter one hundred
and forty-nine shall not include March seventeenth, or the day following when
said day occurs on a Sunday.”
OTHER
7
EVACUATION
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION
____. Section 7 of Chapter 4 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking the second sentence of clause eighteenth and inserting in place thereof the following:- “Legal holiday” shall also include, with respect to Suffolk county only, June seventeenth, or the day following when said days occur on Sunday.”
OTHER
8
COMMONWEALTH HOLIDAYS
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section ___, the following new Section:-
“SECTION
____. Section 7 of Chapter 4 of the
General Laws, as appearing in the 2004 Official Edition, is hereby amended by
striking the following words contained in lines 87 and 88 of clause
eighteenth:- “, with respect to Suffolk
county only,”
REDRAFT
OTHER
9
SENIORS PROPERTY TAX
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown, Timilty, Joyce moved that the bill be amended by inserting, after Section _____, the following new Section:-
“SECTION ____. Said section 5 of said chapter 59, as so appearing, is hereby amended by inserting after clause Forty-first C the following clause:-
Forty-first C 1/2, Real property, of an amount equal to 5 per cent of the average assessed value of all Class One parcels within such city or town of the principal residence of a taxpayer as used by the taxpayer for income tax purposes of a person who has reached his seventieth birthday before to the fiscal year for which an exemption is sought and occupied by the person as his domicile, or of a person who owns the same jointly with his spouse, either of whom has reached his seventieth birthday before to the fiscal year for which an exemption is sought and occupied by them as their domicile, or for a person who has reached his seventieth birthday before to the fiscal year for which an exemption is sought who owns the same jointly or as a tenant in common with a person not his spouse and occupied by him as his domicile; provided: (A) that such person (1) has been domiciled in the commonwealth for the preceding 10 years, (2) has so owned and occupied such real property or other real property in the commonwealth for 5 years, or (3) is a surviving spouse who inherits such real property and has occupied such real property in the commonwealth 5 years and who otherwise qualified under this clause; and (B) that such taxpayer's gross receipts from all sources do not exceed the dollar amount calculated to be the income limits on a taxpayer's total income for a single individual who is not the head of a household for the purposes of paragraph (3) of subsection (k) of section 6 of chapter 62 for the most recently completed state tax year, as determined by the commissioner of revenue.
A city, by vote of its council and approval of its mayor, or a town, by vote of town meeting, may adjust the following factors contained in these provisions by: (1) increasing the amount of the exemption to as much as 20 per cent of the average assessed value of all Class One parcels within such city or town; (2) reducing the requisite age of eligibility to any person age 65 years or older; and (3) reducing the residency requirements to not less than 5 years.
This clause shall take effect in any city or town that votes to accept its terms at the next regularly scheduled municipal election for any fiscal year commencing on or after July 1, 2006. The question appearing on the official ballot shall be in the following form:
“Shall section ___ of the Acts of ____ granting real estate property tax reductions to qualifying senior citizens be accepted?”
If a majority of the votes cast in answer to said question is in the affirmative, said clause shall take effect, but not otherwise.
OTHER
10
TAX ROLLBACK 3 YEAR
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section _____, the following new Sections:-
“SECTION _____. Section 13 of chapter 186 of the Acts of 2002 is hereby repealed.
SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—
(13) An amount equal to the amount of the charitable
contribution deduction allowed or allowable to the taxpayer under section 170
of the Code; provided, however, that, in taxable years beginning on or after
SECTION ______. Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
(b) Part B taxable
income shall be taxed at the rate of 5.2 per cent for tax years beginning on or
after
SECTION _____. Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
(b) Part B taxable
income shall be taxed at the rate of 5.1 per cent for tax years beginning on or
after
SECTION _____. Section 4 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
(b) Part B taxable
income shall be taxed at the rate of 5.0 per cent for tax years beginning on or
after
SECTION_____. The preceding three Sections shall become
effective on
TAX ROLLBACK
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section _____, the following new Section:-
“SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—
(13) An amount equal to the amount of the charitable
contribution deduction allowed or allowable to the taxpayer under section 170
of the Code; provided, however, that, in taxable years beginning on or after
SECTION ___. Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) in its entirety and inserting in place thereof the following subsection:—
(b) Part B taxable income shall be taxed at the rate of 5
per cent for taxable years beginning on or after
REDRAFT
Messrs. Panagiotakos and Havern moved that the bill be amended by inserting, after Section _____, the following new sections:-
SECTION Subsection (a) of Part B of section 3 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out subdivision (13) and inserting in place thereof the following subdivision:-
(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.
SECTION Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
(b) Part B taxable income shall be taxed at the rate of 5.2 per cent for tax years beginning on or after January 1, 2007.
SECTION Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
(b) Part B taxable income shall be taxed at the rate of 5.1 per cent for tax years beginning on or after January 1, 2008.
SECTION Section 4 of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out paragraph (b) and inserting in place thereof the following:-
(b) Part B taxable income shall be taxed at the rate of 5.0 per cent for tax years beginning on or after January 1, 2009.
SECTION Section 2 shall take effect on January 1, 2007 and shall expire on December 31, 2007.
SECTION Section 3 shall take effect on January 1, 2008 and shall expire on December 31, 2008.
SECTION Section 4 shall take effect on January 1, 2009 and shall expire on December 31, 2009.
SECTION Sections 1 through 4 shall take effect only after the amount distributed to cities and towns as Chapter 70 aid, Additional Assistance, and Lottery Aid reach the amounts provided for such purposes in fiscal year 2002, as increased by inflation.
OTHER
12
VETERANS TAX EXEMPTION
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section_____, the following new Section:-
“SECTION _____. Section 5 of chapter 59 of the General Laws, as appearing in the 2004 official edition, is hereby amended by inserting after clause fifty-fourth the following:-
Fifty-fifth. Notwithstanding any other provision of this section, any person eligible for an exemption under clause Twenty-second (a), Twenty-second (B), Twenty-second (c), Twenty-second (d), Twenty-second (e), Twenty-second (f), Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, and Twenty-second E shall be eligible for an increase in the exemption, up to four times the amount of the exemption, for a city, by vote of its council and approval of its mayor, or for a town, by vote of town meeting. This paragraph shall take effect in a city or town upon its acceptance by such city or town.”
OTHER
13
Messrs. Lees, Tisei, Tarr, Hedlund, Knapik and Brown moved that the bill be amended by inserting, after Section_____, the following new Sections:-
“SECTION ___. Notwithstanding any
general or special law to the contrary, for the time from 12:00 a.m. on Monday,
SECTION ___. Notwithstanding any
general or special law to the contrary, for the time from 12:00 a.m. on Monday,
SECTION ___. Reporting requirements
imposed upon distributors and unclassified importers, by law or regulation
including, but not limited to the requirements for filing returns required by
chapter 64A and 64E of the General Laws, shall remain in effect for sales for
the time from 12:00 a.m. on Monday,
SECTION ___. On
SECTION ___. On or before
SECTION ___. Notwithstanding any provision of this act to the contrary, the provisions of sections ___, ___ and ___ of this act shall cease to be effective ant any time upon which certification is made by the commissioner of revenue that AAA Southern New England has reported in their daily fuel gauge report that the average price of regular gasoline in Massachusetts has fallen below $1.25 per gallon for at least three consecutive days.
SECTION ___. The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary to carry out this act.”
REDRAFT
OTHER
14
SALES TAX
Messrs. Lees, Tisei, Tarr, Knapik and Brown, Timilty, Hart, Jr., and Ms. Creem moved that the bill be amended by inserting, after Section ___, the following new section:-
“SECTION ___. (a) Notwithstanding any general or special law to the contrary, for the days of August 12, 2006 and August 13, 2006, an excise shall not be imposed upon non-business sales at retail in the commonwealth of tangible personal property, as defined in section 1 of chapter 64H of the General Laws, but for the purposes of this act, tangible personal property shall not include telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or a single item whose price is in excess of $2,500.
(b) Notwithstanding any general or special law to the contrary, for the days of August 12, 2006 and August 13, 2006, a vendor in the commonwealth shall not add to the sales price or collect from any non-business purchaser an excise upon sales at retail of tangible personal property, as defined in section 1 of chapter 64H of the General Laws. The commissioner of revenue shall not require any vendor to collect and pay excise upon sales at retail of tangible personal property purchased on August 12, 2006 and August 13, 2006, but any excise erroneously or improperly collected during the days of August 12, 2006 and August 13, 2006 shall be remitted to the department of revenue. The provisions of this section shall not apply to the sale of telecommunications, tobacco products subject to the excise imposed by chapter 64C of the General Laws, gas, steam, electricity, motor vehicles, motorboats, meals, or any single item whose price is in excess of $2,500.
(c) Reporting requirements imposed upon vendors of tangible personal property, by law or by regulation, including, but not limited to the requirements for filing returns required by chapter 62C of the General Laws, shall remain in effect for sales for the days of August 12, 2006 and August 13, 2006.
(d) On or before December 31, 2006, the commissioner of revenue shall certify to the comptroller the amount of sales tax revenue forgone due to the operation of this act. The commissioner shall issue a report, detailing by fund the amounts under general and special laws governing the distribution of revenues under chapter 64H of the General Laws which would have been deposited in each fund, notwithstanding this act.
(e) The commissioner of revenue shall issue instructions or forms, or promulgate rules or regulations, necessary to carry out this act.
REDRAFT
OTHER
15
Ms. Menard moved that the bill be amended by inserting, after Section 104, the following new Section:-
“SECTION 105. Notwithstanding any general or special law to the contrary, the Committee on State Administration and Regulatory Oversight will perform a study of the classification of independent contractors pursuant to Section 148B of chapter 149 of the General Laws, as amended by chapter 193 of the acts of 2004 and report their findings to the Committee on Ways and Means in no less than 60 days.”
OTHER
16
Housing Nursing Home Tax Repeal
Messrs. Brown and Timilty moved
that the bill be amended by inserting, after Section ____, the following new
section:-
“SECTION ___. Section 25 of Chapter
118G of the General Laws, as added by Section 101 of Chapter 184 of the Acts of
2002 is hereby repealed.”
OTHER
17
OPERATIONAL SERVICES DIVISION
Mr. Pacheco moved that the bill amended, in Section 2, in item 1775-0100, by striking out the figure "$2,061,364" and inserting in place thereof the following figure:
"$2,124,565".
OTHER
18
WITHDRAWN
REDRAFT
OTHER
19
PREVENTION
Mr. Berry and Mr. Tarr moved to amend the bill in Section 98, by inserting at the end thereof the following:-
“The Inspector General shall also expend not less than $1,450,000 of the remaining funds appropriated in chapter 240 of the acts of 2004 for a study on the prevention and prosecution of Medicaid fraud. The study shall include a technical analysis and audit of clinical and financial data related to claims and payments including all the various disciplines of current Medicaid programs. The study shall review the programs and procedures utilized by various state agencies to prevent fraud and abuse and file a report with the House and Senate Ways and Means Committees and the Office of the State Auditor by April 1, 2007 recommending parameters, policies and procedures and a baseline analysis of any abuse of claims for a comprehensive and coordinated program for the prevention and prosecution of fraud waste and mismanagement and the recovery of unlawful payments.”
REDRAFT
OTHER
20
BEVERLY AFFORDABLE HOUSING COALITION
Mr. Berry moved that the bill amended, in Section 2, in item in item 7004-0099 by striking the figure $8,262,633 and inserting in place thereof the following figure:- “$8,287,633”:-
And further amends item 7004-0099 by adding at the end thereof the following:-
“Provided further, that not less than $25,000 shall be expended for the Beverly Affordable Housing Coalition.”
\
OTHER
21
OSD - BIDDER'S ADVISORY BOARD
Mr. Pacheco moved that the bill be amended by inserting, after Section ______, the following new Section: -
“SECTION _____. There shall be a state procurement advisory
board in FY 2007 that shall consist of eight members including: the State
Purchasing Agent and Deputy State Purchasing Agent; and 6 members appointed by
the go
The advisory board shall review the process of state procurement of goods and services and make recommendations to reduce the administrative burden on bidders, including but not limited to reduction of paperwork, facilitation of internet procurements, and education on the statewide contract process. In reviewing existing procurement processes and making recommendations about potential reforms, the advisory board shall consider the benefit of removing administrative burdens and opportunities for maximizing savings to the commonwealth.
The advisory board shall be chaired by the state purchasing
agent and shall meet not less than two times prior to issuing a report, with
recommendations if necessary, to the senate committee on ways and means and the
senate committee on post audit and oversight. The report shall be filed no
later than
OTHER
22
WITHDRAWN
OTHER
23
HEALTH
Mr. Berry and Messrs. Moore, Morrissey, Creedon, O'Leary, and Hedlund moved that the bill amended by inserting, after Section 104, the following new Section:-
“SECTION___. Notwithstanding the provisions of any general or special law to the contrary, the Inspector General is authorized and directed to make an investigation and study, including a cost-benefit analysis, of the potential impact on the Massachusetts health care delivery system, including, but not limited to, the potential impact on the cost of health insurance, Medicaid costs and the Uncompensated Care Pool, of any claims pertaining to, or including (1) services rendered in physician-owned multi-specialty ambulatory surgical centers, and for (2) any claims for medical, diagnostic or therapeutic services rendered in conjunction with innovative services and new technology as defined by the Department of Public Health. No later than March 1, 2007, the Inspector General shall make a report to the Joint Committee on Health Care Financing, the House Committee on Ways and Means and the Senate Committee on Ways and Means together with any recommendations with regard to the development and implementation of relevant health care quality improvement goals.”
OTHER
24
HEALTH COVERAGE FOR PROSTHETIC DEVICES
Mr.
“SECTION___. Chapter 32A of the General
Laws is hereby amended by inserting after section 17H the following new
section:
Section 17I. (a) The commission shall provide to any active or retired employee of the commonwealth who is insured under the group insurance commission coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section.
(b) In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.
(c) Such coverage shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy.
(d) Such coverage shall not apply amounts paid for prosthetic devices to
any annual or lifetime dollar maximum applicable to other durable medical
equipment covered under the policy other than an annual or lifetime dollar
maximum that applies in the aggregate to all items and services covered under
the policy.
(e) Such coverage may include a reasonable co-insurance requirement for
prosthetic devices and repairs, not to exceed 20% of the allowable cost of the
prosthetic device or repair. If the
health policy provides coverage for services from nonparticipating providers,
the policy may include a reasonable co-insurance requirement for prosthetic
devices and repairs, not to exceed 40% of the allowable cost of the device or
repair when obtained from a nonparticipating provider.
(f) Such coverage may require prior authorization as a condition of
coverage for prosthetic devices.
SECTION 2. Chapter 175 of the General Laws is hereby amended by inserting after section 47T the following new section:
Section 47U. (a) Any blanket or general policy of insurance, except a blanket or general policy of insurance which provides supplemental coverage to Medicare or other governmental programs, described in subdivision (A), (C) or (D) of section one hundred and ten which provides hospital expense and surgical expense insurance and which is issued or subsequently renewed by agreement between the insurer and the policy holder, within or without the commonwealth, during the period this provision is effective, or any policy of accident or sickness insurance as described in section one hundred and eight which provides hospital expense and surgical expense insurance, except a policy which provides supplemental coverage to Medicare or other governmental programs, and which is delivered or issued for delivery or subsequently renewed by agreement between the insurer and the policy holder in the commonwealth, during the period that this provision is effective, or any employees' health and welfare fund which provides hospital expense and surgical expense benefits and which is promulgated or renewed to any person or group of persons in the commonwealth, while this provision is effective, shall provide coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section.
(b) In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.
(c) Any such policy as described in this section shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the policy.
(d) Any such policy as described in this
section shall not
apply amounts paid for prosthetic devices to any annual or lifetime dollar
maximum applicable to other durable medical equipment covered under the policy
other than an annual or lifetime dollar maximum that applies in the aggregate
to all items and services covered under the policy.
(e) Any such policy as described in this
section may include a
reasonable co-insurance requirement for prosthetic devices and repairs, not to
exceed 20% of the allowable cost of the prosthetic device or repair. If such policy provides coverage for services
from nonparticipating providers, the contract may include a reasonable
co-insurance requirement for prosthetic devices and repairs, not to exceed 40%
of the allowable cost of the device or repair when obtained from a
nonparticipating provider.
(f) Any such policy may require prior
authorization as a condition of coverage for prosthetic devices.
SECTION 3. Chapter 176A of the General Laws is hereby amended by inserting after section 8T the following new section:
Section 8U. (a) A contract between a subscriber and the corporation under an individual or group hospital service plan which provides hospital expense and surgical expense insurance, except contracts providing supplemental coverage to Medicare or other governmental programs, delivered, issued or renewed by agreement between the insurer and the policyholder, within or without the commonwealth, shall provide benefits to all individual subscribers and members within the commonwealth and to all group members having a principal place of employment within the commonwealth for coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the contract, except as otherwise provided in this section.
(b) In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.
(c) Any such contract as described in this section shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the contract.
(d) Any such contract as described in this
section shall not
apply amounts paid for prosthetic devices to any annual or lifetime dollar
maximum applicable to other durable medical equipment covered under the policy
other than an annual or lifetime dollar maximum that applies in the aggregate
to all items and services covered under the contract.
(e) Any such contract as described in this
section may include a
reasonable co-insurance requirement for prosthetic devices and repairs, not to
exceed 20% of the allowable cost of the prosthetic device or repair. If the contract provides coverage for services
from nonparticipating providers, the contract may include a reasonable
co-insurance requirement for prosthetic devices and repairs, not to exceed 40%
of the allowable cost of the device or repair when obtained from a
nonparticipating provider.
(f) Any such contract may require prior
authorization as a condition of coverage for prosthetic devices.
SECTION
4. Chapter 176B of the General Laws is hereby amended by
inserting after section 4R the following new section:
Section 4S. (a) Any subscription certificate under an individual or group medical service agreement, except certificates which provide supplemental coverage to Medicare or other governmental programs, that shall be delivered, issued or renewed within the commonwealth shall provide, as benefits to all individual subscribers or members within the commonwealth and to all group members having a principal place of employment within the commonwealth, coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the policy, except as otherwise provided in this section.
(b) In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.
(c) Any such certificate as described in this section shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the certificate.
(d) Any such certificate as described in this
section shall not apply amounts paid for prosthetic devices to any annual or
lifetime dollar maximum applicable to other durable medical equipment covered
under the certificate other than an annual or lifetime dollar maximum that
applies in the aggregate to all items and services covered under the
certificate.
(e) Any such certificate as described in this
section may include a reasonable co-insurance requirement for prosthetic
devices and repairs, not to exceed 20% of the allowable cost of the prosthetic
device or repair. If the certificate
provides coverage for services from nonparticipating providers, the contract
may include a reasonable co-insurance requirement for prosthetic devices and
repairs, not to exceed 40% of the allowable cost of the device or repair when
obtained from a nonparticipating provider.
(f) Any such certificate may require prior
authorization as a condition of coverage for prosthetic devices.
SECTION 5. Chapter 176G of the General Laws is hereby
amended by inserting after section 4Q the following new section:
Section 4R. (a) Individual and group health maintenance contracts shall provide coverage for prosthetic devices and repairs under the same terms and conditions that apply to other durable medical equipment covered under the contracts, except as otherwise provided in this section.
(b) In this section, "prosthetic device" means an artificial limb device to replace, in whole or in part, an arm or leg.
(c) A health maintenance contract shall not impose any annual or lifetime dollar maximum on coverage for prosthetic devices other than an annual or lifetime dollar maximum that applies in the aggregate to all items and services covered under the contract.
(d) A health maintenance contract shall not apply
amounts paid for prosthetic devices to any annual or lifetime dollar maximum
applicable to other durable medical equipment covered under the contract other
than an annual or lifetime dollar maximum that applies in the aggregate to all
items and services covered under the contract.
(e) A health maintenance contract may include a
reasonable co-insurance requirement for prosthetic devices and repairs, not to
exceed 20% of the allowable cost of the prosthetic device or repair. If the health maintenance contract provides
coverage for services from nonparticipating providers, the contract may include
a reasonable co-insurance requirement for prosthetic devices and repairs, not
to exceed 40% of the allowable cost of the device or repair when obtained from
a nonparticipating provider.
(f) A health maintenance contract may require
prior authorization as a condition of coverage for prosthetic devices.
SECTION 6. This act shall apply to all policies,
contracts, agreements, plans or certificates of insurance issued or delivered
within commonwealth on or after
OTHER
25
SENIOR CIRCUIT BREAKER TAX CREDIT
Ms. Fargo moved that the bill be amended by inserting after Section 21 of the outside sections the following new section:-
SECTION 21A. Section 6 of chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is amended by adding after the figure “$750” as so appearing at the end of paragraph (2) the following text:-
“; except, in the event that the taxpayer’s total income does not exceed 50 percent of the income limitation as applicable to the taxpayer under clause (i) of paragraph (3) of this subsection, as increased under paragraph (4) of this subsection, then such amount to which the real estate tax payment or the rent constituting real estate tax payment exceeds the taxpayer’s total income shall be calculated based on 8 ½ percent of such total income”
OTHER
26
INCOME TAX
Messrs. Tarr, Lees, Tisei, Knapik, Hedlund, Brown, and Timilty moved that the bill be amended by inserting at the end the following sections:-
“SECTION 1. Section 4(b) of chapter 62 of the general
laws is hereby amended by striking the words “Part B taxable income shall be
taxed at the rate of 5.3 per cent for tax years beginning on or after
“Part B taxable income shall be taxed according to the following rates:
-
5.2 per cent for the tax year beginning on
-
5.1 per cent for the tax year beginning on
-
5.0 per cent for tax years beginning on or after
SECTION 2. The provisions of the section 1 shall take effect only after the amounts received by each city, town and school district in funding from chapter 70 aid, additional assistance and lottery aid, so-called, equal or exceed the amounts so received in section 3 of chapter 184 of the acts of 2002, or section 3 of chapter 177 of the acts of 2001, whichever is greater in each instance.
OTHER
27
SENIOR CIRCUIT BREAKER AMENDMENT EFFECTIVE
DATE
Ms. Fargo moved that the bill be amended by inserting after Section 102 of the outside sections the following new section:-
“SECTION 102A. Section 21A shall take effect as of
OTHER
28
LEES -
Mr. Antonioni moved that the bill be amended by inserting the following section:-
“SECTION XX. The
OTHER
29
Commuter Relief Tax Credit
Ms. Spilka moved that the bill be amended by adding at the end thereof the following new section:
“SECTION ___.
Section 6 of Chapter 62 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after subsection (k) the following subsection:
(l)
There is hereby established a credit for the amount expended by an
individual for tolls paid through a Fast Lane account, not including amounts
reimbursed by an employer or otherwise. In the case of a single person or a
married person filing a separate return or a head of household, the credit
shall be 33 per cent of the amount expended in excess of $225, not to exceed a
total credit of $300. In the case of a married couple filing a joint return,
the credit shall be 33 per cent of the amount expended in excess of $225 by
each individual, not to exceed a total credit of $300 for each individual. The
commissioner of revenue shall adopt regulations necessary for the
implementation of this section.”
OTHER
30
HISTORIC TAX CREDITS
Mr. Hart moved that the bill be amended by inserting, after Section ________, the following new Section: -
“SECTION _____. Section 1. Paragraph (b)(1) of section 22 of Chapter 141 of the Acts of 2003 is hereby amended by striking out the words “an amount not to exceed $15,000,000” and inserting in place thereof the following words:- “an amount deemed necessary to fund qualified projects pursuant to 830 CMR 63.38R.1 for a period of three years, until 2011.
“Section 2. Paragraph (b)(1) of section 24 of Chapter 141
of the Acts of 2003 is hereby amended by striking out the words “an amount not
to exceed $15,000,000” and inserting in place thereof the following words:- “an
amount deemed necessary to fund qualified projects pursuant to 830 CMR 63.38R.1
for a period of three years, until 2011.”
REDRAFT
OTHER
31
HOUSE TAX LANGUAGE
Mr. Lees moved that the bill be amended, after Section ___, by inserting at the end thereof the following new sections:-
“SECTION ___. Subsection (a) of section 3 of chapter 62 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out subdivision (13) in its entirety and inserting in place thereof the following subdivision:—
(13) An amount equal to the amount of the charitable contribution deduction allowed or allowable to the taxpayer under section 170 of the Code; provided, however, that, in taxable years beginning on or after January 1, 2004, no such deduction shall be allowed in any taxable year unless the personal exemptions provided in subparagraph (A) of subdivision (1) of subsection (b) of this section, subparagraph (A) of subdivision (1A) of subsection (b) of this section, and subparagraph (A) of subdivision (2) of subsection (b) of this section for such taxable year are the maximum allowable amounts set forth in said subparagraphs; and provided further, that notwithstanding said section 170 of the Code, no deduction shall be allowed for contributions of household goods or used clothing, as those items are recognized under said section 170 of the Code. All requirements, conditions and limitations applicable to charitable contributions under the Code shall apply for purposes of determining the amount of the deduction under this subparagraph, except that taxpayers shall not be required to itemize their deductions in their federal income tax returns.
Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the joint committee on revenue.
SECTION ___. Section 4 of said chapter, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following paragraph:—
(b) Part B taxable income shall be taxed at the rate of 5.15 per cent for taxable years beginning on or after January 1, 2007 but before January 1, 2008.
Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the joint committee on revenue.
SECTION ___. Section 4 of said chapter, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following paragraph:—
(b) Part B taxable income shall be taxed at the rate of 5.0 per cent for taxable years beginning on or after January 1, 2008.
Notwithstanding any special or general law to the contrary, the provisions of this section shall not take effect until such time as the department of revenue has furnished a study of their impact on the state’s economy and the revenue cost to the commonwealth and its cities and towns, including, but not limited to, a distributional analysis showing the impact on taxpayers of varying income levels, the current practice of other states, any anticipated change in employment, and ancillary economic activity, to the joint committee on revenue.”
RELATIVE THE RENAMING OF A
Mr. Barrios moved that the bill amended by inserting, after section 104, the following new section:-
“SECTION _____ Pursuant to a request by the Board of
Alderman and the Common Council of Everett, in compliance with section three b of chapter eighty-five of the
Massachusetts General Laws, the portion of the Everett Route 16 Ramp, from
Santili Circle to General Sweetzer Circle shall now be named “Krystyl’s Way”,
in honor of Krystyl Poirier who lost her life in a tragedy at the hands of a
drunk driver in Everett on Saturday,
EHS 33
RELATIVE TO STATE MONIES
Mr. Barrios moved that the bill be
amended, in Section 2, in item 4000-0500 by inserting after the phrase “acts of
2006” the following:- provided further,
OTHER
34
Mr. Barrios moved that the bill be
amended by inserting after section 104 the following section:- Notwithstanding
any general or special law to the contrary, for the purpose of developing an
innovative, kosher, skilled nursing facility in the city of Chelsea, and that
has been designated to develop an urban, “Greenhouse Program” nursing home
facility in said city, is hereby granted a Determination of Need for 100 new
skilled nursing facility beds; provided, that the construction of said beds
shall be assigned a maximum capital expenditure consistent with the Greenhouse
Program, as determined by the Department of Public Health, and shall be
entitled to reimbursements for said capital expenditures as determined by the Division of Health Care Finance &
Policy.
REDRAFT
OTHER
35
Technical Amendment
Ms. Murray moved that the bill be amended in section 2, in item 0330-0410, by striking out the figure “$943,189” and inserting in place thereof the following figure:-$967,326; and
in said section 2, in item 0337-0002, by inserting after the words “including Berkshire,” the following words:- “Bristol, Barnstable,”; and
in said section 2, in item 0340-0200, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-0300, by inserting after the words “$35,000; provided further,” the following words:- “that at least at least 30 days”; and
in said section 2, in item 0340-0400, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-0500, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-0600, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-0700, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-0800, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-0900, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-1000, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0340-1100, by inserting after the words “and provided further,” the following words:- “that at least 30 days”; and
in said section 2, in item 0810-0338, by striking out the figure “$280,164” and inserting in place thereof, in each instance, the following figure:- “$432,026”; and.
in section 2, in item 1599-1970, by striking out the figure “$25,000,000” and inserting in place thereof the following figure:- “$31,000,000”; and
in said section 2, in item 3000-4050, by inserting after the words, “shall not be funded from this item;” the following words: “-provided further, that all early education and care providers that are part of a public school system shall accept early education and care vouchers from recipients funded through this appropriation;”; and
in said section 2, in item 4000-0112, by inserting after the words “Merrimack Valley YMCA” the following words:- “in Methuen;”; and
in said section 2, in said item 4000-0112, by striking out the figure “$3,970,000” and inserting in place thereof the following figure:- “$4,348,100”
in said section 2, in item 4000-0300, by striking out the figure “$134,283,096” and inserting in place thereof the following:- “$136,945,096”
in said section 2, in item 4000-0700, as amended, by striking out the figure “$1,527,399,331” and inserting in place thereof the following:- “$1,532,399,331”
in said section 2, in item 4000-0500, by inserting after the words:- “said pediatric chronic and rehabilitation long-term care hospital” the following words:- “for which federal financial participation and federal approval need not be obtained”;
in said section 2, in item 4403-2120, by adding the following words:- “and provided further, that not less than $1,000,000 shall be obligated for the purpose of increasing the operating budgets of family shelter and related homeless family programs”; and
in said section 2, in said item 4403-2120, by striking out the figure “$73,650,000”, and inserting in place thereof the following figure:- “$74,650,000”; and
in said section 2, in item 4512-0200, by adding the following words:- “provided further, that not less than $250,000 shall be expended for the restoration for 24 hour services at the Albany Street Shelter operated by the Cambridge and Somerville program for Drug and Alcohol Rehabilitation” and by striking out the figure “$60,880,159” and inserting in place thereof the following figure:- “$61,130,159”; and
in said section 2, in item 4800-0151, in the last proviso, by inserting after the words “social services” the following words:- “, in collaboration with those agencies,”; and
in said section 2, in item 4800-1100, by inserting after the words, “shall be paid from this item;”, the following words:-“provided further, that the department may allocate funds, not to exceed $800,000, from this item to item 4800-0015 for costs associated with creating new social worker positions to reduce the caseload ratio;”;
in said section 2, in item 5046-0000, by inserting after the words “single occupancy units” the following words:- “and other units”; and
in said section 2, in item 5055-0000, by striking out the words, “for the expansion of” and inserting in place thereof the following words:- “to sustain and expand.”
in said section 2, in item 5920-2000, by striking out the words:- “provided further that an additional $304,000 shall be expended on a contract with Work, Inc. for enhanced or expanded services to clients”; and
in said section 2, in item 5920-2000, by striking out the figure “524,242,492” and inserting in place thereof the following figure “523,938,492”; and
in said section 2, in item 5920-2025, by adding the following words:- “provided that an additional $304,000 shall be expended on a contract with Work, Inc. for enhanced or expanded services to clients;” and
in said section 2, in item 5920-2025, by striking the words “chapter 149 of the acts of 2004” and inserting in place thereof the following words:-“chapter 45 of the acts of 2005”; and
in said section 2, in item 5920-2025, by striking out the figure “117,434,430” and inserting in place thereof the figure “117,738,430”; and
in said section 2, in line item 5920-3000, by striking the following words “in fiscal year 2005 under item 5920-5000 of section 2 of chapter 149 of the acts of 2004” and inserting in place thereof the following words:-“in fiscal year 2006 under item 5920-5000 of section 2 of chapter 45 of the acts of 2005”; and
in said section 2, in line item 5920-5000, by striking the following words “shall not annualize to more than $13,600,000” and inserting in place thereof the following words:-“shall not annualize to more than $17,664,660”; and
in said section 2, in item 7003-0702, by striking out the figure “$6,463,000” and inserting in place thereof the following figure:-$7,840,000; and
in said section 2, in item 7004-0099, by inserting after the words, “town of Hopedale” the following words: - “provided further, that not less than $105,000 shall be expended for Food for the World Pantry in Lawrence; provided further, that not less than $75,000 shall be expended for the Greater Gardner Community Development Corporation;” and
in said section 2, in item 7004-0099, by striking out the figure “$8,262,633” and inserting in place thereof the following figure:- “$8,442,633”.
in said section 2, in item 7007-0515, by striking out the figure “$600,000” and inserting in place thereof the following figure:-$950,000; and
in said section 2, in item 7007-0900, by striking out the words “provided further, that not less than $150,000 shall be appropriated to the Spanish American Union Incorporated in the city of Springfield;” and inserting in place thereof the following - “provided further, that not less than $200,000 shall be appropriated to the Spanish American Union Incorporated in the city of Springfield;”; and
in section 2, in item 7007-0900, by striking out the words “provided further, that not less than $100,000 shall be expended for the Bourne Financial Development Corporation,” and inserting in place thereof the following words:- provided further, that not less than $250,000 shall be expended for the Bourne Financial Development Corporation; and
in section 2, in item 7007-0900, by adding the following words:- provided further, that not less than $100,000 shall be expended for the Pembroke Park Committee for the facility at Birch Street in Pembroke; and provided further, that not less than $100,000 shall be expended for the Harlow Old Fort House in the town of Plymouth; and
in said section 2, in item 7007-0900, by striking out the figure “$20,605,032” and inserting in place thereof the following figure:-$ 24,043,032; and
in said section 2, in item 7035-0002, by inserting after the words “education programs and services” the following words:- “provided further, that not less than $200,000 shall be allocated to the Massachusetts Foundation for the Humanities in Northampton for an adult education program”; and
in said section 2, in item 7035-0002, by striking out the figure “$29,322,628” and inserting in place thereof the following figure:- “$29,522,628”
in said section 2, in item 7061-0011, by striking out the words “and provided further, that no funds distributed from this item to a municipality shall be considered base aid nor used in the calculation of the required local contribution for fiscal year 2007” and inserting in place thereof the following:- “and provided further, that no funds distributed from this item to a municipality shall be considered Chapter 70 aid nor used in the calculation of the required local contribution for fiscal year 2008”; and
in said section 2, in item 8000-0010, by inserting after the words “non-related overtime”, the following words:- “provided further, that $10,000 shall be expended for community policing activities in the city of Revere; provided further, that $30,000 shall be expended for community policing activities in the town of Lanesboro” and by striking out the figure “$21,271,035” and inserting in place thereof the following figure:- “$21,311,035”.
in said section 2, in item 8910-0107, by striking out the figure “$61,025,121” and inserting in place thereof the following figure:- “$62,711,438”; and
by inserting after section 26 the following 5 sections:--
SECTION 26A. Section 2 of chapter 70B of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out, in lines 68 and 69, the words “grant representing the commonwealth’s total contribution” and inserting in place thereof the following words:- total grant with respect.
SECTION 26B. Section 3 of said chapter 70B, as so appearing, is hereby amended by inserting after the word “grants” in line 6 the following words:- and loans.
SECTION 26C. Said section 3 is hereby further amended by striking out paragraph (r) and inserting in place thereof the following paragraph:- (r) disburse amounts due to cities, towns and regional school districts pursuant to grants approved by the authority to finance or refinance costs of approved school projects and, in conjunction therewith, to finance or refinance the local share of costs of such projects, through the purchase of bonds, notes or other evidences of local indebtedness, at such rates and on such terms as the authority may in its discretion determine, and to provide for the payment of all costs of the authority, including professional and financial services incident to the conduct of its operations;
SECTION 26D. Said chapter 70B, as so appearing, is hereby further amended by inserting after section 3D thereof the following new section:-
Section 3E. In addition to other remedies of the authority under any bond, note or other evidence of indebtedness, if at any time any amount is distributable or payable by the Commonwealth to any city, town or regional school district, there is due to the authority any sum from such city, town or regional school district, for any cause whatsoever, such sum so due to the authority, as certified by the authority to the state treasurer, should be deducted by the state treasurer from the amount so distributable or payable to the city, town or regional school district, and shall be paid promptly to the authority. Payment by the state treasurer under this section shall continue to be made until any such deficiency on the part of said city, town or regional school district shall have been offset by the payments from the state treasurer. The authority may also recover from any such city, town or regional school district in an action in superior court any amount due the authority together with any other actual damages the authority shall have sustained from the failure or refusal of said city, town or regional school district to make payments owing to the authority.
SECTION 26E. Section 7 of chapter 70B, as most recently amended by section 22 of chapter 208 of the acts of 2004, is hereby further amended by striking said section 7 and inserting in place thereof the following new section:-
Section 7. There shall be a limit on the estimated amount of grants approved by the authority during a fiscal year. For fiscal year 2008 the limit shall be $500,000,000. For each fiscal year thereafter, the limit shall be the limit for the previous fiscal year plus the lower of the rate of growth in the dedicated sales tax revenue amount, as defined in subsection (a) of chapter 35BB of the General Laws, or 4.5 per cent.
and by inserting after section 44 the following 2 sections:-
SECTION 44A. The first paragraph of section 10 of chapter 218 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the lines “district court of Greenfield” and “district court of Franklin”
SECTION 44B. The second paragraph of said section 10 of said chapter 218, as so appearing, is hereby amended by inserting after the line “district court of central Berkshire” the line “district court of Greenfield”
and by striking out section 45, and inserting in place thereof the following section:
SECTION 45. Section 2A of chapter 101 of the acts of 1999, as amended by chapter 47 of the acts of 2003, is hereby amended by striking out item 1599-1499 and inserting in place thereof, the following:
1599-1499
For a one-time grant to the city of Quincy for the purpose of facilitating the conversion of Quincy Hospital from ownership by the city of Quincy to ownership by a private nonprofit corporation; provided, that the proceeds of the grant shall be used by the city for the costs associated with the conversion, including, but not limited to, obligations of the hospital to the city for employee benefits and for any indebtedness incurred by the city on behalf of the hospital; provided, further, that the city, in collaboration with the corporation, shall file annually with the secretary of administration and finance and with the secretary of health and human services, the house and senate committees on ways and means and the joint committee on health care finance a report delineating the benchmarks and milestones established by the corporation to achieve financial viability and the status of the corporation in achieving the benchmarks and milestones, including changes in patient volume and payer mix, the establishment and maintenance of community benefits by the corporation and the results of affiliations with other health care providers and health care entities; and provided, further, that the report shall be filed not later than the January 1 following the end of each hospital fiscal year 2000 to 2006 inclusive.........$12,100,000".
and by inserting after section 63 the following section:
SECTION 63A. Chapter 208 of the acts of 2004 is hereby amended by inserting at the end thereof the following new section:-
Section 58. (1) A city, town, or regional school district may request, in writing no later than August 31, 2006, that the Authority remove a project on the list pursuant to section 45 and may request that a portion of the Authority’s anticipated grant for said project be applied to another project on said list pursuant to section 45 that is within the same city, town, or regional school district as the project being removed. Approval, if any, of such request shall be at the sole discretion of the Authority.
(2) Any project being so removed from said list:
(a) shall not have started construction prior to application to the Authority for removal of a project from the Waiting List
(b) shall not be eligible to receive reimbursement from the Authority for any costs that may have been incurred for the project prior to said removal from said list
(c) shall not be eligible to receive any reimbursement for interest on short or long term notes or bonds for the project
(d) shall submit a plan to the Authority that demonstrates the city, town or regional district will be adequately able to accommodate any displaced school programs or services and a plan for accommodating district students within remaining school buildings
(3) Any project on said list, for which funds may be reallocated in the sole discretion of the Authority, shall meet the following criteria:
(a) The project shall have begun construction after June 1, 2005.
(b) The project shall have overall project costs that are in excess of the Maximum Allowable Costs, as determined by the Authority, and that said excess costs are not related to changes in project scope.
(c) Reallocated costs shall only be used to reimburse approved, eligible costs, as determined by the Authority.
(d) The city, town or regional school district shall agree to work with the Authority in a value engineering exercise to determine any viable options to reduce the overall cost of the project.
(e) The city, town or regional school district shall have multiple projects on said list submitted pursuant to said section 45.
(f) The project on said list for which funds may be reallocated, at the sole discretion of the Authority, be within is the same city, town, or regional school district as the project being removed.
(g) The city, town or regional school district shall have submitted all audit materials for any other projects for which said audit materials have been requested by the Authority.
(h) The city, town or regional school district shall have executed a Project Funding Agreement with the Authority for any project on said list that has not completed construction.
(4) The Authority shall have sole discretion in determining the portion of grant, if any, which may be reallocated to another project. Any funds that may be reallocated in the sole discretion of the Authority, to another project shall only be used to cover approved, eligible costs that are in excess of the Maximum Allowable Cost that are not related to changes in project scope. Reimbursements may be made under the existing grant program, as determined by the Authority. In no instance shall reimbursement rates for any project for which reallocated funds are distributed to by the Authority, exceed the reimbursement rates pursuant to subsection (iii) of said section 45. Any funds that may be allocated by the Authority, shall not be used for interest or costs related to any indebtedness, or for any expenditure that is deemed to be ineligible by the Authority. Any project removed from the list pursuant to section 45 shall no longer be eligible for any portion of the grant and shall have no entitlement to funds for said project at any time in the future. Any project removed from said list may apply to the Authority for funding after July 1, 2007 and shall be subject to the laws, rules and regulations governing school building construction in place at the time of application.
and by inserting after section 72 the following 3 sections:-
SECTION 72A. Section 3 of chapter 33 of the acts of 2006 is hereby amended by inserting at the end thereof the following:- and provided further, that the limitations relative to service and consumption in a tavern, club or war veterans organization licensed under this section shall not be considered to preclude the holder of the tavern, club or war veterans license from allowing a patron, member or guest, as the case may be, to retain and take off the premises only so much as may remain of a bottled wine purchased by the patron, member or guest in conjunction with a meal and not totally consumed by the patron, member or guest during such meal; provided further, that the bottle shall be resealed in accordance with regulations promulgated by the commission.
SECTION 72B. Section 140 of chapter 58 of the acts of 2006 is hereby amended by striking the following:- “and 103” and inserting in its place the following:- “103 and 128”
SECTION 72C. Section 145 of said chapter 58 is hereby amended by striking the following:-- “127 and 128” and inserting in its place the following:- “and 127”; and
in section 78, by striking out the figure “$582,100,000”, in the first sentence, and inserting in place thereof the following figure:- “597,100,000”; and
in section 85, by striking out the figure “$350,000,000” and inserting in place thereof the following figure:- “$420,000,000”; and
by inserting after section 93 the following 4 sections:
SECTION 93A. Notwithstanding any general or special law to the contrary, the corporations established pursuant to chapter 138 of the acts of 1992 and chapter 163 of the acts of 1997 shall not be considered auxiliary organizations of the university.
SECTION 93B. Notwithstanding any general or special law to the contrary, the fire department of the Massachusetts Port Authority shall be considered a fire department and the fire chief of the Massachusetts port Authority shall be considered the head of the fire department, for the purposes of receiving any delegation of powers or authority from the state fire marshal that the state fire marshal may be authorized to delegate to a head of the fire department of a fire department of a city or town.
SECTION 93C. Notwithstanding any general or special law to the contrary, the Massachusetts Port Authority shall have primary and exclusive jurisdiction and responsibility for fire prevention and fire fighting services on its projects as defined in chapter 465 of the acts of 1956. Said Authority may delegate such jurisdiction or responsibility for any project or portion of a project to the fire department of the city or town in which the project is sited, as the Authority may from time to time deem appropriate and proper.
SECTION 93D. Notwithstanding any general or special law to the contrary, the division of health care finance and policy and the secretary of health and human services shall verify any surplus community health center free care funds from fiscal years 2005 and 2006 within the Uncompensated Care Trust Fund established in section 18 of chapter 118G of the General Laws. The Comptroller shall, in consultation with the division and the secretary, develop a schedule for transferring said funds to the General Fund no later than October 1, 2006 in order to defray the cost associated with community health center Medicaid rate increases, authorized pursuant to item 4000-0700 of this act.
OTHER
36
MINIMUM WAGE
Messrs. Pacheco, Montigny, Ms. Chandler, Ms. Nuciforo, Jehlen, Tolman, Ms. Resor, Messrs. Augustus, Barrios, Havern, Timilty, Ms. Menard, Ms. Fargo moved that the bill be amended by inserting, after Section 36, the following 6 sections: -
“SECTION 36A. Chapter 151 of the General Laws is hereby amended by striking out section 1, as appearing in the 2004 Official Edition, and inserting in place thereof the following section:-
Section 1. (a) It is hereby declared to be against public policy for any employer to employ any person in an occupation in this commonwealth at an oppressive and unreasonable wage as defined in section 2, and any contract, agreement or understanding for or in relation to such employment shall be null and void. An hourly wage of less than the minimum wage specified in subsection (b), in any occupation, as defined in this chapter, shall conclusively be presumed to be oppressive and unreasonable, wherever the term “minimum wage” is used in this chapter, unless the commissioner has expressly approved or shall expressly approve the establishment and payment of a lesser wage under sections 7 and 9. In no case shall the minimum wage rate be less than $0.10 higher than the effective federal minimum rate.
(b) The minimum wage shall be $7.50 per hour.
SECTION 36B. Said section 1 of said chapter 151 is hereby further amended by striking out subsection (b), inserted by section 36A, and inserting in the place thereof the following:-
(b) The minimum wage shall be $8.25 per hour.
SECTION 36C. Said section 1 of said chapter 151 is hereby further amended by striking out subsection (b), inserted by section 36B, and inserting in the place thereof the following 3 subsections:-
(b) The minimum wage shall be $8.25 per hour, adjusted for inflation each year as specified in subsection (d).
(c) On May 31 of each year, the commissioner shall calculate and announce the percentage change in the national consumer price index for all urban consumers as prepared by the United States Bureau of Labor Statistics, or its successor index, for the most recent 12-month period for which such data are available.
(d) Effective September 1 of the same calendar year, the minimum wage shall be the minimum wage in effect on May 31 increased by the percentage change in the consumer price index calculated in subsection (c). In no instance shall the increase be less than zero.
SECTION 36D. Said chapter 151 is hereby further amended by inserting after section 1B the following section:-
Section 1C. (a) There shall be a commission, to be known as the Massachusetts Commission on the Minimum Wage, to consider further increases in the minimum wage as may be necessary or appropriate to reflect existing economic conditions in the commonwealth. The commission shall meet every 3 years, with the first meeting to occur by March 15, 2010. The commission shall file a report containing its recommendations for further increases in the minimum wage with the joint committee on labor and workforce development by June 15 of each year in which it meets. Upon filing this report, the commission shall be disbanded, until such appointments are made for the next meeting of the commission. Appointments to fill the membership of the commission shall be made no earlier than January 15 of the year in which the commission is scheduled to meet. The commission shall consist of 13 members, as follows: the secretary of economic development; 1 member appointed by the president of the Massachusetts AFL-CIO; 1 member appointed by the governor who shall represent the interests of business; 2 members appointed by the attorney general, 1 of whom shall have demonstrable experience in labor law and 1 of whom shall have demonstrable experience in labor market economics; 2 members appointed by the speaker of the house of representatives; 2 members appointed by the president of the senate; 1 member appointed by the minority leader of the house of representatives; 1 member appointed by the minority leader of the senate; the house chair of the joint committee on labor and workforce development; and the senate chair of the joint committee on labor and workforce development.
(b) Nothing in this section shall prevent the general court from increasing the minimum wage before or following a scheduled meeting of the commission or from increasing the minimum wage in the absence of a favorable report by the commission.
SECTION 36E. Section 2 of said chapter 151, as appearing in the 2004 Official Edition, is hereby amended by inserting after the definition of "Department" the following definition:-
"Employer", an individual, corporation, partnership, labor organization, the commonwealth, a political subdivision thereof, including a city, town, county, or other governmental entity authorized or created by state law, including a public corporation or authority, or any other legal business, public or private, or commercial entity, including agents of the employer.
SECTION 36F. The third paragraph of section 7 of said chapter 151, as so appearing, is hereby amended by striking out clause (1) and inserting in place thereof the following clause:- (1) 50 per cent of the minimum wage under subsection (b) of section 1.”; and
by inserting after Section 103 the following section:-
“SECTION 103A. Sections 36A, 36E, and 36F shall take effect on September 1, 2006. Section 36B shall take effect on September 1, 2007. Section 36C shall take effect on January 1, 2008. Section 36D shall take effect on January 1, 2010.””
OTHER
37
COMMISSION ON GAY
Mr. Barrios, Mr. Augustus, Mr. Antonioni, Mr. Buoniconti, Ms. Chandler, Ms. Creem, Mr. Havern, Ms. Jehlen, Mr. Joyce, Mr. Knapik, Mr. Lees, Mr. McGee, Ms. Resor, Ms. Spilka, Mr. Tisei, and Mr. Tolman moved that the bill be amended, in Section 2, in item 4590-0250, by striking out the words “governor’s commission on gay and lesbian youth” and inserting in place thereof the following words:- “commission on gay and lesbian youth established by section 67 of chapter 3 of the General Laws”;
in said section 2, in item 7010-0005, by striking out the words “Governor’s Commission on Gay and Lesbian Youth” and inserting in place thereof the following words:- “commission on gay and lesbian youth established by section 67 of chapter 3 of the General Laws”;
by inserting after section 3 the
following section:-
“SECTION 3A. Chapter 3 of the General Laws is hereby amended by adding the following section:-
Section 67. (a) There shall be a permanent commission on gay and lesbian youth, which shall consist of 27 persons as follows: 3 persons appointed by the Massachusetts Chapter of the National Association of Social Workers, 3 persons appointed by the Massachusetts Coalition for Suicide Prevention, 2 persons appointed by the Fenway Community Health Center, 4 persons appointed by the Greater Boston Parents, Families and Friends of Lesbians and Gays, 2 persons appointed by the Massachusetts Gay and Lesbian Political Caucus, 1 person appointed by MassEquality, 1 persons appointed by the Massachusetts Teachers Association, 1 persons appointed by the Massachusetts Federation of Teachers, 3 persons appointed by the Massachusetts Chapter of the American Academy of Pediatricians, 2 persons appointed by the Gay, Lesbian and Straight Education Network of Boston, 2 persons appointed by the Massachusetts Public Health Association, and 3 persons appointed by the Association of School Superintendents. The membership of the commission shall include at least 1 parent of a gay or lesbian person; 1 high school student; 1 college student; 1 representative from an educational institution; and 1 representative of the mental health professions. Members of the commission shall be drawn from diverse racial, ethnic, religious, age, sexual-orientation and socio-economic backgrounds from throughout the commonwealth. Members shall be subject to chapter 268A as it applies to special state employees. The commission shall be an independent agency of the government of the commonwealth and shall not be subject to the control of any other department or agency.
(b)(1) Members shall serve terms of 2 years and until their successors are appointed.
(2) Vacancies in the membership of the commission shall be filled by the original appointing authority for the balance of the unexpired term.
(3) Appointments shall be made in consultation with gay and lesbian organizations. Nominations shall be solicited between August 1 and November 1 of each year through an open application process using a uniform application that is widely distributed throughout the state.
(4) The commission shall elect from among its members a chair annually. The chair of the commission may designate on an annual basis 1 or more commission members as vice-chairs of the commission, and may appoint on an annual basis members of the commission as chairs of advisory committees on high school education, higher education, human services and youth. The chair of the commission may create other advisory committees as needed after consultation with the commission.
(5) The members of the commission shall receive no compensation for their services, but shall be reimbursed for any usual and customary expenses incurred in the performance of their duties.
(c) The commission shall investigate the use of resources from both the public and private sectors to enhance and improve the ability of state agencies to provide services to gay and lesbian youth. In furtherance of that responsibility, the commission shall: (1) work in partnership with the department of education and the department of public health to create school-based and community-based programs focusing on suicide prevention, violence intervention, and the promotion of zero-tolerance policies regarding harassment and discrimination against gay and lesbian youth; and (2) make recommendations about policies and programs supporting gay and lesbian youth on an ongoing basis to the department of education, the department of public health and the executive office of health and human services. The commission shall annually, on or before June 2, report the results of its findings and activities of the preceding year and make recommendations relating to the concerns of gay and lesbian youth to the governor and to the clerks of the senate and house of representatives.
(d) The powers of the commission shall include but not be limited to the following: (1) to use voluntary and uncompensated services of private individuals, agencies and organizations that may from time to time be offered and needed; (2) to recommend policies and make recommendations to agencies and officers of the commonwealth and local subdivisions of government to effectuate the purposes of subsection (c); (3) to select an executive director and to acquire adequate staff to perform its duties, subject to appropriation; (4) to establish and maintain such offices as it may deem necessary, subject to appropriation; (5) to enact bylaws for its own governance; (f) to appoint members to regional chapters of the commission; and (6) to hold regular, public meetings and to hold fact-finding hearings and other public forums as it may deem necessary.
(e)(1) The commission may request from all state agencies such information and assistance as the commission may require.
(2) The commission may accept and solicit funds, including any gifts, donations, grants or bequests or any federal funds, for any of the purposes of this section. These funds shall be deposited in a separate account with the state treasurer, be received by the treasurer on behalf of the commonwealth, and be expended by the commission in accordance with law.”; and
by inserting after section 103 the following section:-
“SECTION
103A. Notwithstanding section 67 of
chapter 3 of the General Laws, until
OTHER
38
TAX ROLLBACK 2
Mr. Lees moved that the bill be
amended by adding at the end thereof the following new sections:-
SECTION 105.
Section 4 of chapter 62 of the General Laws, as so appearing, is hereby
amended by striking out paragraph (b) and inserting in place thereof the
following paragraph:-
(b) Part B
taxable income shall be taxed at the rate of 5.15 per cent.
SECTION 106.
Said section 4 of said chapter 62, as so appearing, is hereby further
amended by striking out paragraph (b) and inserting in place thereof the
following paragraph:-
(b) Part B
taxable income shall be taxed at the rate of 5.0 per cent.
SECTION 107.
Section 105 shall apply to taxable years beginning on or after
SECTION 108.
Section 106 shall apply to taxable years beginning on or after