GOV 51

UNWARRANTED COMPENSATION

Mr. Montigny moved that the bill be amended by inserting at the end thereof the following new section:-

SECTION_____.  Paragraph (e) of subsection 2A of section 23 of chapter 32 of the General Laws, is hereby amended by adding the following clause:-       

“(xv) not award any compensation that includes incentive payments or similar bonuses for performance in any year in which the total value of the fund is reduced from the total value thereof in the preceding year.”

2nd Redraft GOV 141

PENSION REFORM

Mr. Berry moved that the bill be amended by inserting after Section 6 the following 2 sections:-

“SECTION 6A. Clause Twenty-sixth of section 7 of chapter 4 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following subclause:

(t) statements filed under section 20C of chapter 32.

SECTION 6B.  The second paragraph of section 50 of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out clause (f).”;

And by inserting after Section 23 the following 18 sections:-

SECTION 23A.   Section 1 of chapter 30B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding inserting after the word “services”, in line 54, the following words:- ; provided, however, that the procurements shall take place in accordance with section 23B of chapter 32.

SECTION 23B.  Section 20 of chapter 32 of the General Laws, as so appearing, is hereby amended by adding the following subdivision:-

(4 7/8 E)  No employee, contractor, vendor or person receiving remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from a person doing business with a retirement board shall be eligible to serve on a retirement board; provided, however, that an employee of a retirement board may serve on a retirement board other than the retirement board by which the person is employed; and provided further, subdivision this paragraph shall apply only to individuals who first become members of a retirement board on or after January 1, 2011.

SECTION 23C. Said section 20 of said chapter 32, as so appearing, is hereby amended by adding the following subdivision:-

(7)  During each full term of service retirement board members shall be required to undertake 18 hours of training; provided, however, that not less than 3 hours take place each year and not more than 9 hours take place in any single year.

Such training shall consist of 9 hours sponsored by the public employee retirement commission, herein after referred to as the commission, which shall include, at a minimum, the topics of fiduciary responsibility, ethical conduct and conflict of interest, and 9 hours of training on topics prescribed by the commission provided by the Massachusetts Association of Contributory Retirement Systems or other local, state, regional and national organizations recognized by the commission as having expertise in retirement issues of importance to retirement board members or other entities, as the commission may from time to time determine.

The commission shall arrange for at least 18 sessions during each year for members to complete this requirement.  In addition, the commission shall schedule additional sessions or otherwise make accommodations to insure that members are afforded the maximum opportunity to complete this requirement.

The commission shall annually provide retirement boards with a statement of completion of education form on or before December 31. The board shall provide the forms to their members. The form shall set forth the training as required by this subdivision the member has undertaken during that year. Board members shall submit the completed form to the commission by January 31 of the year following. The commission shall annually provide the member with a summary of the member’s status regarding the completion of this requirement by March 31.

Failure to successfully complete the requirements of this subdivision shall prohibit a board member from serving beyond the conclusion of the term in which the failure took place.  If the non-complying member is an ex-officio member or a second member of a board the appointing authority for the second member shall appoint a different individual to serve on the board; provided, however, that if the replacement of an ex-officio member the individual be experienced in the field of finance or auditing; and provided further, that in a regional retirement system non-complying members shall be replaced in the same manner as is set forth for the selection of the members.

Each retirement board shall notify all board members and prospective board members of the requirement to complete education requirements at the time of receiving information about seeking election to a retirement board or prior to being appointed to a retirement board.

The commission shall annually notify board members of the requirement to complete continuing education.

SECTION 23D.  Said chapter 32 is hereby amended by inserting after section 20B the following section:-

Section 20C.  (a) Every member of a retirement board shall file a statement of financial interests for the preceding calendar year with the commission: (i) within 30 days of becoming a member of a retirement board; (ii) by May 1 of each year thereafter that the person is a member of a retirement board; and (iii) by May first of the year after the person ceases to be a member of a retirement board;

(b) The commission shall, upon receipt of a statement of financial interests under this section, issue to the person filing the statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of the statement.

(c) No member of a retirement board shall be allowed to continue in the member’s duties unless the member has filed a statement of financial interests with the commission as required by this section.

(d) The statement of financial interests filed under this section shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the reporting person.

(e) A reporting person shall disclose, to the best of the person’s knowledge, the following information for the preceding calendar year, or as of the last day of the year with respect to the information required by clauses (2), (3) and (6); provided, however, that the person shall also disclose the same information with respect to the person’s immediate family; and provided further, that no amount need be given for the information about the reporting person's immediate family:

(1) the name and address of, the nature of association with, the share of equity in, if applicable, of each business with which the person is associated;

(2) the identity of all securities and other investments with a fair market value of greater than $1,000 which were beneficially-owned, not otherwise reportable hereunder;

(3) the name and address of each creditor to whom more than $1,000 was owed; provided, however, that obligations arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of business and any obligation to make alimony or support payments, shall not be reported; and provided further, that such information need not be reported if the creditor is a relative of the reporting person within the third degree of consanguinity or affinity;

(4) the name and address of the source and the cash value of any reimbursement for expenses aggregating more than $100 in the calendar year if the recipient is a member of a retirement board and the source of the reimbursement is a person having a direct interest in a matter before the retirement board of which the recipient is a member;

(5) the name and address of the donor and the fair market value, if determinable, of any gifts aggregating more than $100 in the calendar year, if the recipient is a member of a retirement board and the source of the gift is a person having a direct interest in a matter before the retirement board of which the recipient is a member;

(6) the name and address of the source and the fair market value, of any honoraria aggregating more than $100 if the recipient is a member of a retirement board and the source of such honoraria is a person having a direct interest in a matter before a retirement board;

(7) the name and address of any creditor who has forgiven an indebtedness of over $1,000 and the amount forgiven if the creditor is a person having a direct interest in a matter before a retirement board; provided, however, that no such information need be reported if the creditor is a relative within the third degree of consanguinity or affinity of the reporting person, or the spouse of such a relative; and ,

(8) the name and address of any business from which the reporting person is taking a leave of absence;

Nothing in this section shall be construed to require the disclosure of information, which is privileged by law.

Failure of a reporting person to file a statement of financial interests within 30 days of receipt of the notice in writing from the commission which states in detail the deficiency and the penalties for failure to file a statement of financial interests or the filing of an incomplete statement of financial interests after receipt of a notice shall result in the removal of the reporting person from the board and the reporting person shall not be permitted to serve on a retirement board established under this chapter; provided, however, that, if the reporting person has filed an incomplete statement of financial interests the removal shall be stayed upon the filing of an appeal under subdivision (4) of section 16.  If the non-complying member is an ex-officio member the member’s appointing authority shall appoint a different individual to serve on the board or if the member is directly elected by the people a different individual shall be appointed to serve on the board by the mayor, county commissioners or board of selectman as the case may be.

SECTION 23E.  Paragraph (a) of subsection 1 of section 21 of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by inserting after the third sentence the follow sentence:- Each board shall maintain a copy of all collective bargaining agreements which cover the systems members and shall make the agreements available to the commission for review at such time as the commission shall specify.

SECTION 23F.  Said chapter 32 is hereby amended by inserting after section 21 the following section:-

Section 21A.  (a) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:-

"Affiliates'', entities which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another or when a third party controls or has the power to control both.

"Commission'', the public employee retirement administration commission.

"Contract'', a contract for the furnishing of supplies or services to a retirement board.

"Debarment'', an exclusion from contracting or subcontracting with a retirement board for a reasonable and specified period of time commensurate with the seriousness of the offense.

"Person'', a natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

"Retirement board”, a board established under chapter 32, chapter 34B or the retirement board of the Massachusetts Water Resources Authority, excluding the pension reserves investment management board.

"Suspension'', the temporary disqualification of a vendor who is suspected upon adequate evidence of engaging or having engaged in conduct which constitutes grounds for debarment.

"Vendor'', a person that has furnished or seeks to furnish supplies or services under a contract with a retirement board.

(b) The commission shall establish and maintain a consolidated list of vendors to whom contracts shall not be awarded and from whom offers, bids or proposals shall not be solicited.  The list shall show at a minimum the following information:

(1) the names of those persons debarred or suspended in alphabetical order with appropriate cross reference where more than one name is involved in a single debarment or suspension;

(2) the basis of authority for each debarment or suspension;

(3) the extent of restrictions imposed;

(4) the termination date of each debarment or suspension; and

(5) in the case of a suspension, the hearing date, if and when set, for debarment proceedings.

The commission shall cause the list to be kept current by the issuance of notices of additions and deletions. The list shall be published on a periodic basis, together with notices of additions and deletions, in the goods and services bulletin and the central register published by the state secretary and in other publications as the commission shall designate. The commission shall also forward the list to the inspector general, the attorney general and the state auditor.

(c) Debarment may be imposed for the following causes:

(1) conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses:

(i) a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(ii) a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects the vendor's present responsibility as a public contractor;

(iii) a violation of state or federal antitrust laws arising out of the submission of bids or proposals;

(iv) a violation of chapter 268A; or

(v) a violation of this chapter.

(2) substantial evidence, as determined by the commission, of any of the following acts:

(i) willfully supplying materially-false information incident to obtaining or attempting to obtain or performing any public contract or subcontract;

(ii) willful failure to comply with record-keeping and accounting requirements prescribed by law or regulation;

(iii) a record of failure to perform or of unsatisfactory performance in accordance with the terms of 1 or more public contracts; provided, however, that the failure to perform or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar; and provided further, that the failure to perform or unsatisfactory performance was not caused by factors beyond the vendor’s control;

(iv) the submission to the board or the commission of an inaccurate disclosure statement;

(v) the failure to disclose to the board and the commission compensation provided to a person in regards to attempting to obtain or the performance of a public contract or subcontract, including, but not limited to, compensation provided by third parties retained by the vendor to another person; or

(vi) any other cause affecting the responsibility of a vendor which the commission determines to be of a serious and compelling nature as to warrant debarment.

(d) No vendor may be suspended unless the commission has first informed the vendor by written notice of the proposed suspension mailed by registered or certified mail to the vendor's last known address, except when the commission determines that immediate suspension is necessary to prevent serious harm to the retirement system, in which case the suspension shall take effect immediately upon signing by the executive director of the commission of an order of suspension and notice shall be mailed to the vendor at the earliest opportunity. The notice shall inform the vendor of the reasons for the proposed suspension and shall state that the vendor may, within 14 days, respond in writing and may in the response request a hearing. The commission may extend the period for response at the request of the vendor. The commission shall determine whether to impose the suspension or, in the case of an emergency suspension imposed prior to notice to the vendor, whether to continue the suspension after reviewing the vendor's response, if any, and making an investigation as the commission determines is necessary and appropriate. An indictment, or any information or other filing by a public agency charging a criminal offense, for any of the offenses listed in paragraph (1) of subsection (d) shall constitute adequate evidence to support a suspension.

If the vendor requests a hearing and the suspension is not based on an indictment, the commission shall conduct a hearing according to the rules for the conduct of adjudicatory hearings established by the secretary of administration under chapter 30A. The hearing shall be initiated within 30 days of the imposition of the suspension, unless the vendor requests that the hearing be delayed. Officers and employees of the commission and records of the commission shall not be subject to subpoena for such hearing, if in the opinion of the commission production of records or testimony would prejudice any pending investigation by the commission.

A suspension shall not exceed 12 months unless a pending administrative or judicial proceeding in which the vendor is a party may result in a conviction or final adjudication of an offense listed in paragraph (1) of subsection (d).

(e) No vendor may be debarred under this section unless the commission has first informed the vendor by written notice of the proposed debarment mailed by registered or certified mail to the vendor's last known address. The notice shall inform the vendor of the reasons for the debarment and shall state that the vendor will be accorded an opportunity for a hearing if the vendor so requests within fourteen days of receipt of the notice. A hearing requested under this paragraph shall be conducted by the commission within sixty days of receipt of the request, unless the commission grants additional time therefore at the request of the vendor. The hearing shall be conducted according to the rules for the conduct of adjudicatory hearings established by the commissioner of administration pursuant to chapter thirty A. A debarment shall not be imposed until (i) fourteen days after receipt by the vendor of notice of the proposed debarment if no hearing is requested, or (ii) the issuance of a written decision by the commission which makes specific findings that there is sufficient evidence to support the debarment and that debarment for the period specified in the decision is required to protect the integrity of the public contracting process. A vendor shall be notified forthwith of the decision by registered or certified mail, and of the vendor's right to judicial review in the event that the decision is adverse to the vendor. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.

(f) A debarment or suspension may include all known affiliates of a vendor. The decision to include a known affiliate within the scope of a debarment or suspension shall be made on a case-by-case basis, after giving due regard to all relevant facts and circumstances. The offense or act of an individual justifying suspension, or the evidence justifying a suspension, may be imputed to the entity with which the individual is connected when such offense or act occurred in connection with the individual's performance of duties for or on behalf of the entity or with the knowledge, approval, or acquiescence of the entity or one or more of its principals. The entity's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence. The offense or act of an entity justifying debarment, or the evidence justifying a suspension, may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the entity who participated in, knew of, or had reason to know of the entity's act. An entity may not be suspended or debarred except in accordance with the procedures set forth in this section.

(g) In determining whether to debar a vendor, or the period of a debarment, all mitigating facts and circumstances shall be taken into consideration. A debarment may be removed or the period thereof may be reduced by the commission upon the submission of an application supported by documentary evidence setting forth appropriate grounds for the granting of relief, such as newly discovered material evidence, reversal of a judgment or conviction, bona fide change of ownership or management, or the elimination of the cause for which the debarment was imposed.

(h) During the period for which a person has been debarred or suspended, that person shall not submit or cause to be submitted offers, bids, or proposals to any retirement board, nor shall any retirement board solicit or consider offers, bids, or proposals from, nor execute, renew, or extend any contract with, a debarred or suspended vendor, and a vendor shall not contract for services from a debarred or suspended subcontractor on any contract with a retirement system.

SECTION 23G.  Subdivision (2) of section 23 of said chapter 32, as appearing in the 2008 Official Edition, is hereby amended by striking out paragraph (b) and inserting in place thereof the following paragraph: -

(b) The board of each system shall invest and reinvest the funds of the system in the PRIT Fund under subdivision (8) of section 22, in the PRIT Fund by purchasing shares of the fund, as provided for in the trust agreement adopted by the PRIM board under subdivision (2A) or as follows:-

(i) in accordance with the standards set forth in subdivision (3), provided that: -

(A) no investment of funds shall be made in stocks, securities or other obligations of a company which derives more than 15 per cent of its revenues from the sale of tobacco products;

(B) in investing funds the board shall employ an investment manager or investment managers who shall invest the funds of the system; and

(C) no funds shall be invested directly in mortgages or collateral loans.

(ii) No investment of funds shall take place until board has received from the commission an acknowledgement of receipt of the following:-

(A) certification that, in making the selection, the board has complied with the process established in section 23B;

(B) a copy of the vendor certification required under section 23B;

(C ) copies of disclosure forms submitted by the selected vendor;

(D) a certification that the investment is not a prohibited investment as set forth in regulations of the commission;

(E) if the board has retained a consultant, a copy of the consultant reports pertaining to the investment and the selected vendor; and

(F) a  copy of the board certification required under section 23B.

The commission may withhold the acknowledgement if it determines that it is in the best interest of the retirement system; provided, however, that it must so notify the board within 10 days of receipt of completed documents as required by this section.

(iii) Prior to the retention of an investment consultant the board must receive from the commission an acknowledgement of receipt of the following:-

(A) certification that, in making the selection, the board has complied with the process established in section 23B;

(B) copy of the vendor certification required under section 23B;

(C ) copies of disclosure forms submitted by the selected consultant; and

(D) copy of the board certification required under section 23B.

SECTION 23H. Subdivision (3) of said section 23 of said chapter 32, as so appearing, is hereby amended by adding the following sentence:- Each member of a retirement board established pursuant to the provisions of this chapter shall upon the commencement of their term file with the commission a statement acknowledging that they are aware of and will comply with the standards set forth in chapter 268A of the general laws, the provisions of this chapter and the provisions of regulations promulgated pursuant to this chapter.

SECTION 23I.  Said section 23 of said chapter 32, as so appearing, is hereby amended by striking out subdivision (4) and inserting in place thereof the following subdivision:-

(4)  If the commission makes a written finding that a board of any retirement system has violated or neglected to comply with this chapter or the rules and regulations promulgated by the commission, in a manner that substantially impacts the duties or obligations of the board, the commission may appoint a receiver to oversee a board that is responsible for the administration of such system.  The receiver shall be authorized to take or desist from any action in order to insure that the system is managed with reasonable care, skill, prudence and diligence.  The action may include, but is not limited to, the following:-

(i) transfer of assets to the PRIT Fund;

(ii) removal of a board member;

(iii) appointment of board member;

(iv) termination of a contract;

(v) approval or denial of retirement benefits;(vi) employment or termination of employees; and, conduct of a fiduciary audit.

SECTION 23J.  Said chapter 32 is hereby amended by inserting after section 23 the following section –

Section 23B. (a) This section shall apply to every retirement board contract for the procurement of investment, actuarial, legal and accounting services.

(b) As used in this section the following words shall, unless the context requires otherwise, have the following meanings:-

"Contract'', all types of agreements for the procurement of services, regardless of what the parties may call the agreement.

"Contractor'', a person having a contract with a retirement board.

"Retirement board”, a board established under this chapter, chapter 34B or the retirement board of the Massachusetts Water Resources Authority excluding the pension reserves investment management board.

"Majority vote'', as to any action by or on behalf of a retirement board, a simple majority of the board.

"Minor informalities'', minor deviations, insignificant mistakes and matters of form rather than substance of the proposal or contract document which can be waived or corrected without prejudice to other offerors, potential offerors or the retirement board.

"Person'', a natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

"Procurement'', acquiring a service and all functions that pertain to the obtaining of a service, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.

“Procurement officer”, an individual duly authorized by the retirement board to assist in a procurement.

"Proposal'', a written offer to provide a service at a stated price submitted in response to a request for proposals.

"Purchase description'', the words used in a solicitation to describe the services to be purchased, including specifications attached to or incorporated by reference into the solicitation.

"Request for proposals'', the documents utilized for soliciting proposals, including documents attached or incorporated by reference.

"Responsible bidder or offeror'', a person who has the capability to perform fully the contract requirements and the integrity and reliability which assures good faith performance.

"Responsive bidder or offeror'', a person who has submitted a bid or proposal which conforms in all respects to the request for proposals.

"Services'', the furnishing of labor, time or effort by a contractor, not involving the furnishing of a specific end product other than reports; provided, however, that the term shall not include employment agreements, collective bargaining agreements or grant agreements.

(c) A retirement board shall enter into procurement contracts for investment, actuarial legal and accounting services utilizing competitive sealed proposals, in accordance with the provisions of this section.

(d) A retirement board that awards a contract shall maintain a file on each contract and shall include in the file a copy of all written documents required by this section. Written documents required by this section shall be retained by the retirement board for at least 6 years from the date of final payment under the contract.

(e) The retirement board or its procurement officer shall give public notice of the request for proposals and a reasonable time prior to the date for the opening of proposals. The notice shall:

(1) indicate where, when and for how long the request for proposal may be obtained;

(2) describe the service desired and reserve the right of the retirement board to reject any or all bids;

(3) remain posted, for at least 2 weeks, in a conspicuous place in or near the offices of the retirement board until the time specified in the request for proposals; and

(4) be published at least once, not less than 2 weeks prior to the time specified for the receipt of proposals, in a newspaper of general circulation within the area served by the retirement board and in the case of a procurement for investment, accounting, actuarial or legal services in a publication of interest to those engaged in providing such services.

The retirement board or its procurement officer shall also place the notice in a publication established by the state secretary for the advertisement of such procurements.

The retirement board or its procurement officer may distribute copies of the notice to prospective bidders and may compile and maintain lists of prospective bidders to which notices may be sent.

(f) The retirement board shall unconditionally accept a proposal without alteration or correction, except as provided in this section. A bidder may correct, modify or withdraw a proposal by written notice received in the office designated in the request for proposals prior to the time and date set for the proposal opening. After proposal opening, a bidder may not change the price or any other provision of the proposal in a manner prejudicial to the interests of the retirement board or fair competition. The retirement board shall waive minor informalities or allow the bidder to correct them. If a mistake and the intended proposal are clearly evident on the face of the proposal document, the procurement officer shall correct the mistake to reflect the intended correct proposal and so notify the bidder in writing and the bidder may not withdraw the proposal. A bidder may withdraw a proposal if a mistake is clearly evident on the face of the proposal document but the intended correct proposal is not similarly evident.

(g) The retirement board shall solicit proposals through a request for proposals. The request for proposals shall include:

(1) the time and date for receipt of proposals, the address of the office to which the proposals are to be delivered and the maximum time for proposal acceptance by the retirement board;

(2) the purchase description and all evaluation criteria that may be utilized under subsection (h); and

(3) all contractual terms and conditions applicable to the procurement; provided, however, that the contract may incorporate by reference a plan submitted by the selected offeror for providing the required services.

The request for proposals may incorporate documents by reference; provided, however, that the request for proposals specifies where prospective offerors may obtain the documents. The retirement board or its procurement officer shall make copies of the request for proposals available to all persons on an equal basis.

(h) The retirement board or its procurement officer shall not open the proposals publicly, but shall open them in the presence of 1 or more witnesses at the time specified in the request for proposals. Notwithstanding section 7 of chapter 4, until the completion of the evaluations or until the time for acceptance specified in the request for proposals, whichever occurs earlier, the contents of the proposals shall remain confidential and shall not be disclosed to competing offerors. At the opening of proposals the retirement board or its procurement officer shall prepare a register of proposals which shall include the name of each offeror and the number of modifications, if any, received. The register of proposals shall be open for public inspection.

(i) The retirement board or its consultant retained under this chapter shall be responsible for the initial evaluation of the proposals. The retirement board or its consultant retained under of this chapter shall prepare their initial evaluations based solely on the criteria set forth in the request for proposals. The evaluations shall specify in writing:

(1) a rating of each proposal evaluation criteria as highly advantageous, advantageous, not advantageous or unacceptable, and the reasons for the rating;

(2) a composite rating for each proposal and the reasons for the rating; and

(3) revisions, if any, to each proposed plan for providing the required services which should be obtained by negotiation prior to awarding the contract to the offeror of the proposal.

If the initial evaluation is conducted by a consultant retained under this chapter the consultant shall review all initial evaluations with the retirement board and provide to each member of the retirement board the initial evaluation of each proposal.

(j) The retirement board shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The retirement board shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The parties may extend the time for acceptance by mutual agreement. The retirement board may condition an award on successful negotiation of the revisions specified in the evaluation and shall explain in writing the reasons for omitting any revision from a plan incorporated by reference in the contract.

(k)(1) If a competitive process to select an investment service provider the request for proposals includes mandatory contractual terms and conditions to be incorporated into the contract including provisions stating that the contractor is a fiduciary with respect to the funds which the contractor invests on behalf of the retirement board, provisions stating that the contractor shall not be indemnified by the retirement board, provisions requiring the contractor to annually inform the commission and the board of any arrangements in oral or in writing, for compensation or other benefit received or expected to be received by the contractor or a related person from others in connection with the contractors services to the retirement board or any other client, provisions requiring the contractor to annually disclose to the commission and the retirement board compensation, in whatever form, paid or expected to be paid, directly or indirectly, by the contractor or a related person to others in relation to the contractors services to the retirement board or any other client and provisions requiring the contractor to annually disclose to the commission and the retirement board in writing any conflict of interest the contractor may have that could reasonably be expected to impair the contactor’s ability to render unbiased and objective services to the retirement board.  Other mandatory contractual terms and conditions shall address investment objectives, brokerage practices, proxy voting and tender offer exercise procedures, terms of employment and termination provisions.  The retirement board shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The retirement board or its duly designated agent, subject to the approval of the retirement board, may negotiate all terms of the contract not deemed mandatory or non-negotiable with the offeror. If, after negotiation with the offeror, the retirement board in consultation with its duly designated agent and its consultant retained under this chapter determines that it is in the best interests of the retirement board, the retirement board in consultation with its consultant retained under this chapter may determine the proposal which is the next most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals and may negotiate all terms of the contract with the offeror. The retirement board shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, the evaluated criteria set forth in the request for proposals,and the terms of the negotiated contract. The retirement board shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The time for acceptance may be extended for up to 45 days by mutual agreement between the retirement board and the responsible and responsive offeror offering the most advantageous proposal as determined by the retirement board.

On or before January 1 of each year the contractor shall file the disclosures required with the board and the commission.  Failure to file disclosures or the filing of inaccurate disclosures shall subject the contractor to proceedings under section 21A.

(2) The retirement board may cancel a request for proposals or may reject in whole or in part any and all proposals when the retirement board determines that cancellation or rejection serves the best interests of the system. The retirement board shall state in writing the reason for a cancellation or rejection.

(3) A person submitting a proposal for the procurement or disposal of services to a retirement board shall certify in writing on the proposal as follows:

The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ""person'' shall mean a natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

___________________________________________________

(Signature of individual submitting bid or proposal)

___________________________________________________

(Name of business)

(4) Each retirement board member shall certify to the commission in writing with respect to a procurement subject to the provisions of this section, as follows:

The undersigned certifies under penalties of perjury that, to the best of the members knowledge and belief, this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ""person'' shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

____________________________________________________

(Signature of individual retirement board member)

____________________________________________________

(Name of retirement board)

(5) No person shall cause or conspire to cause the splitting or division of a request for proposals, proposal, solicitation or quotation for the purpose of evading a requirement of this section.

(6) Unless otherwise provided by law and subject to clause (i), a retirement board may enter into a contract for a period of time which serves the best interests of the retirement board; provided, however, that the retirement board shall include in the solicitation the term of the contract and conditions of renewal, extension or purchase, if any.

(i) A retirement board shall not award a contract for a term exceeding 5 years, including any renewal, extension or option; provided, however, that a retirement board may participate in a limited partnership, trust or other entity with a term for a period longer than 5 years as part of an investment of system assets.

When a contract is to contain an option for renewal, extension or purchase, the solicitation shall include notice of the provision. The retirement board shall retain sole discretion in exercising the option and no exercise of an option shall be subject to agreement or acceptance by the contractor.

(ii) The retirement board shall not exercise an option for renewal, extension or purchase unless the retirement board, after reasonable investigation of costs and benefits, has determined in writing that the exercise of the option is more advantageous than alternate means of procuring comparable services.

(7) All specifications shall be written in a manner which describes the requirements to be met without having the effect of exclusively requiring a proprietary service or procurement from a sole source.

(8) All contracts shall be in writing and the retirement board shall make no payment for a service rendered prior to the execution of the contract.

(i) A contract made in violation of this section shall not be valid and the retirement board shall make no payment under such contract. Minor informalities shall not require invalidation of a contract.

(ii) A person who causes or conspires with another to cause a contract to be solicited or awarded in violation this section shall forfeit and pay to the appropriate retirement board a sum of not more than $2,000 for each violation. In addition, the person shall pay double the amount of damages sustained by the retirement board by reason of the violation, together with the costs of any action. If more than 1 person participates in the violation, the damages and costs may be apportioned among them.

(iii) The commission or the retirement board shall have authority to institute a civil action to enforce clause (ii).

SECTION 23K.  Section 19 of chapter 34B of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “date”; in line 6, the following words:- ; provided, however, that this section, unless otherwise explicitly noted, shall not apply to Essex county or an entity managing the contributory retirement system formerly administered by Essex county.

SECTION 23L.  Said section 19 of said chapter 34B, as so appearing, is hereby further amended by inserting after the figure “32”, in line 14, the following words:- ; provided, however, that no employee, contractor, vendor or person receiving remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from a person doing business with a retirement board shall be eligible to serve on a retirement board; provided further, that an employee of a retirement board may serve on a retirement board other than the retirement board by which the person is employed; and provided further, that this paragraph shall apply only to individuals who first become members of a retirement board on or after January 1, 2011.

SECTION 23M.  Paragraph (b) of said section 19 of said chapter 34B, as so appearing, is hereby amended by striking out clauses (1) to (4), inclusive, and inserting in place thereof the following 4 clauses:-

(1) The first member, who shall serve as chairman, shall be elected by the other 4 members and shall serve for a term of 6 years.  If the first member is not chosen by the other 4 members within 30 days of the expiration of his term or if a vacancy occurs in the office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted, and specifically called for such election pursuant to paragraph (g) and shall serve for a term of 3 years.

(3) A third and fourth member, hereinafter referred to as the elected members, shall be elected by the members in or retired from the service of the system from among their number in accordance with paragraph (h) and shall serve for a term of 3 years.

(4) A fifth member, who shall not be an employee, retiree or official of the retirement system or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years. If the fifth member is not chosen within 30 days of the expiration of the member’s term or if a vacancy occurs in the office, the public employee retirement administration commission shall appoint the fifth member.

SECTION 23N.  Paragraph (b) of said section 19 of said chapter 34B, as so appearing, is hereby amended by striking out clause (6).

SECTION 23O.  Said section 19 of said chapter 34B, as so appearing, is further hereby amended by striking out paragraph (d) and inserting in place thereof the following paragraph:

(d) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission.  All permanent employees of the retirement system shall be members of the retirement system.

SECTION 23P. Said Section 19 of said chapter 34B, as so appearing, is hereby further amended by striking out paragraph (k).

SECTION 23Q.  Said chapter 34B is hereby amended by inserting after section 19 the following section:-

Section 19A(a) The contributory retirement system for Essex county, operating under the terms of sections 1 to 28, inclusive, of chapter 32, shall be known as the Essex regional retirement system, and all business shall be transacted under this name.

(b) The contributory retirement system of Essex county shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. The board shall consist of 5 members as follows:

(1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex regional retirement system for a term of 3 years. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns, units or districts belonging to the Essex regional retirement system. The member town, unit or district weighted vote shall be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. For the purposes of this section, “chief executive or chief administrative officer” shall mean, in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator, in which case it shall mean the chairman of the board of selectmen; in the case of a school district, the superintendent; in the case of a water district, the superintendent; in the case of a veterans’ services entity, the director; in the case of a housing authority, the executive director; in the case of a regional vocational institute, the superintendent; in the case of a mosquito control district, the superintendent; and in the case of a regional retirement board, the chief executive officer; provided, however, that in the case of the Essex regional retirement board, the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. If the first member is not elected within 30 days of the expiration of the previous term, or in the event of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted and specifically called for such election under subsection (g) and shall serve for a term of 3 years.

(3) The third and fourth member, hereinafter referred to as the elected members, shall be elected by the members in or retired from service of the Essex county retirement system from among persons retired under the system in accordance with subsection (h) and shall serve for a term of 3 years.

(4) A fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years.  If the fifth member is not chosen within 30 days of the expiration of the member’s term, or if a vacancy in the office occurs before the end of the term, the public employee retirement administration commission shall appoint the fifth member.

(5) Upon the expiration of the term of office of a member, or in the event of a vacancy, the member’s successor shall be elected for a term of 3 years or for the unexpired portion thereof, as the case may be.

(6) The members of the retirement board shall elect a chairman from among the members.

(c) The members of the Essex regional retirement board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32.

(d) No person shall be both a member of the Essex regional retirement board, or an employee thereof, and registered as a legislative or executive agent, as defined in section 39 of chapter 3. Should a sitting member of the board register as a legislative or executive agent, as so defined, the member’s seat shall be considered vacant.

(e) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission. All permanent employees of the retirement system shall be members of the retirement system.

(f) The retirement board may purchase or lease property, facilities and equipment and employ personnel necessary for the proper administration and transaction of business of the retirement system.

(g) The board of the regional retirement system and the chairman thereof shall respectively be and act as the board and treasurer-custodian of the system with respect to the employees of any town or district who become members of the system as provided for in paragraphs (b) or (c) of subdivision (3) or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members under corresponding provisions of law. The treasurer or other disbursing officer of any such town or district shall act as a liaison officer between the employees thereof and the board of the system.

(h) There shall be an Essex regional retirement board advisory council which shall consist of all the full-time treasurers, elected or appointed, of each city, town, unit or district in the Essex regional retirement system.  If a city, town, unit or district does not employ a full-time treasurer, the highest ranking, full-time executive employee shall be a member of the Essex regional retirement board advisory council.  The members of the advisory council shall elect a chair from among the mem­bers.  The council shall meet twice annually and at the call of the chair.  The council shall supervise and certify the procedures involved in the election of members to the retirement board, as provided in subsections (b) and (i).  Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year.  The actuary shall annually, not later than December 15, specify by written notice to the council and the board the amounts required to be paid from the Pension Fund, the Annuity Reserve Fund, the Special Fund for Military Service Credit and the Expense Fund, as provided in subdivi­sion (7) of section 22 of chapter 32.  The regional retirement board advisory council, at a meeting specifically called for the purpose, shall elect 1 of its members, who shall be a member in service in the retirement system, as a member of the regional retirement board at the expiration of the current member's term, as provided in paragraph (2) of subsection (b). (i) The Essex regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to a member in or retired from service so requesting and shall require that the nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for the nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least 5 active or retired members of the retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, an after investigation, the election board determines that a candidate has filed nomination papers containing less than 5 signatures as required, the election board shall declare the nomination papers invalid and shall notify the candidate of the determination. If, after an investigation, the election board determines that only 1 candidate has filed the requisite number of signatures, the election board shall declare the candidate to be the elected member of the county retirement board. If, after an investigation, the election board determines that more than 1 candidate has obtained the requisite number of valid signatures, the election board shall notify the candidates of the determination and shall immediately prepare election ballots and set the date for an election to be held within 40 days.

The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of 1 candidate, insert the ballot into a ballot envelope and the ballot envelope into the pre-stamped envelope, seal the pre-stamped envelope and mail the envelope to the election board in care of the Essex regional retirement board, within 20 days after they were mailed. An envelope postmarked later than 20 days after the mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all candidates to be present at the tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect the envelopes. Any envelope which has been opened prior to that date or which has not been signed on the rear by the appropriate addressee shall be invalidated and shall not be used to determine the elected member. The election board shall assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from the envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid.

The election board shall notify each candidate in writing of the results of the election. All envelopes and ballots received by the election board, including those determined to be invalid, shall be preserved by the election board for 2 years. The costs incurred by the election board in administering the election shall be paid from the Essex regional retirement system administration fund.

(j) The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits and board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission, shall be borne by the employees and board members and the regional retirement system.

Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to employees and retirees through the Essex regional retirement system; provided, however, that the system is fully reimbursed, in the case of retirees, for the cost of the benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits.

 (k) Any provisions of chapter 32, including provisions that apply to a county retirement system, that are not inconsistent with the provisions of this chapter shall apply to the Essex regional retirement system.”;

And by inserting after Section 64 the following section:-

“SECTION 64A.  Section 7 of chapter 150E of the General Laws, as so appearing, is hereby amended by inserting after subsection (d) the following subsection:-

(e) An employer entering into a collective bargaining agreement with an employee organization must provide a copy of the agreement to the retirement board to which the employees covered by the agreement are members. All retirement systems must maintain files of all active collective bargaining agreements which cover the systems members. The retirement board shall review collective bargaining agreements for compliance with chapter 32.”;

And by inserting after Section 93 the following section:-

“SECTION 93A.  Section 2 of chapter 229 of the acts of 2008 is hereby repealed.”;

And by inserting after Section 108 the following 2 sections:-

“SECTION 108A.  (a) The public employee retirement administration commission, as established by section 49 of chapter 7 of the general laws, shall appoint a receiver to conduct and oversee the functions of the Essex regional retirement board, hereinafter referred to as the board. The receiver shall be a person with expertise relevant to the administration of a retirement system. The commission shall appoint the receiver for a period not to exceed 1 year; provided, however, that the commission may, on a date not more than 6 months but not less than 3 months prior to the expiration of the receiver’s appointment, extend the receiver’s appointment, effective at the end date of the original appointment, for not more than 1 year; provided further, that upon an extension, the commission shall notify the joint committee on public service; and provided further, that the commission shall authorize no more than 1 such extension. The commission may at any time, with or without cause, remove the receiver and appoint a successor or terminate the receivership. The commission shall determine the salary of the receiver, which salary shall be paid by the board.

(b) The purpose of the receivership shall be to restore sound and prudent management practices to the board. A receiver appointed pursuant to this section shall not take any actions inconsistent with this purpose.

(c) The receiver shall have the following powers:

(1) to appoint, remove, supervise and direct all employees of the board, to exercise any function or power of any employee and have control over all personnel matters;

(2) to supervise and direct all members of the board and to exercise any function or power of the board, except as otherwise provided in this section;

(3) to remove, for cause, any member of the board; provided, however, that before removal, the receiver shall provide not less than 30 days’ notice to the member; provided further, that a member to whom the receiver provides notice to remove shall have the right to appeal the removal to the commission, who shall promptly hear the appeal and may overrule the receiver if the commission finds that there was no cause for removal. If a member is removed, the member’s seat shall be vacant and an election to fill the seat shall be conducted under section 19 of chapter 34B of the General Laws; provided, however, that with respect to the fifth seat on the board, the receiver shall not direct the members to vote for or against any candidate;

(4) to subpoena from the board or system or from any member or employee of the board, documents, files or other item prepared for the system or board and which the receiver considers useful in conducting the receiver’s duties;

(5) to promulgate rules and regulations governing the operation and administration of the board;

(6) to alter or rescind any action or decision of the board or of its employees within 14 days of receipt of notice of such action or decision;

(7) to otherwise oversee and discharge any other duties, responsibilities and powers of the board as described in subdivision (5) of section 20 of chapter 32 of the General Laws; provided, however, that the receiver may delegate or otherwise assign these powers with the approval of the commission.

(d) Employees and members of the board shall continue to discharge their duties, subject to rules, regulations, decisions and policies that the receiver may make or implement.

(e) The receiver shall report not less than quarterly to the commission on the receiver’s actions, the status of the retirement system and any recommendations for further regulatory or legislative modifications and shall, not less than 6 months before the receiver’s appointment is scheduled to expire, indicate to the commission whether an extension of the receivership is warranted.

(f) The receiver shall be immune from civil liability arising from the exercise of the receiver’s duties.

(g) Upon the expiration of the receiver’s appointment, all seats on the board shall be considered vacant and new elections shall be held under section 19A of chapter 34B of the General Laws; provided, however, that members of the board in place at the time of expiration shall continue in their duties until new members are elected and installed; provided further, that this section shall not be construed to prohibit serving members of the board or members removed by the receiver from being a candidate for these elections.

(h) Notwithstanding any general or special law to the contrary, no receiver for the board shall be eligible to serve as an employee of the board after the receiver’s appointment has expired.

SECTION 108B. Notwithstanding any general or special law to the contrary, section 22 shall take effect upon the Essex regional retirement board under subsection (b) of section 19A of chapter 34 of the General Laws and the Essex regional retirement board advisory council under subsection (i) of said section 19A of said chapter 34 being elected, selected or appointed under the requirements of said section 19A of said chapter 34; provided, however, that until the Essex regional retirement board and the Essex regional retirement board advisory council are operating, the abolished county’s retirement board and retirement board advisory council and its members shall continue to serve.”; and

By inserting after Section 155 the following 2 sections:-

“SECTION 155A.  Section 23C shall take effect as of January 1, 2011.

SECTION 155B.  Sections 6A, 6B, 23A, 23B, 23D to 23Q, inclusive, and sections 64A shall take effect 90 days after the effective date of this act.”

GOV 142

BUDGET TRANSPARENCY

Ms. Creem moved that the bill be amended by adding the following new sections:

 SECTION XX. Chapter 7 of the General Laws is hereby amended by inserting after section 11 the following section:-

Section 14C. (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Agency”, a commonwealth authority, board, bureau, commission, department, division, executive office, institution, institution of higher education, the secretary of state, the attorney general, the state treasurer, the state auditor, the administrative office of the trial courts, trial court departments, the supreme judicial court, the appeals court, the governor’s office, lieutenant governor’s office, the governor’s council, the house of representatives and the senate.

“Funding source”, the agency and account from where the expenditure is appropriated.

“Recipient”, a business corporation, partnership, firm, unincorporated association or other legal business entity engaged in economic activity within the commonwealth, and any affiliate thereof, which is, or the members of which are, subject to taxation under chapter 62, 63, 64H or 64I. For the purposes of this section, recipient shall include an original grantee or an original contractor of a state award or a political subdivision. A recipient shall not include an individual recipient of state or federal assistance.

“Searchable website”, a website that allows the public at no cost to search for, obtain and aggregate the information identified in subsection (b).

“Secretary”, the secretary of administration and finance.

“State award” or “award”, appropriations, expenditures, grants, subgrants, loans, purchase orders, infrastructure assistance and other forms of financial assistance.

(b) The secretary shall develop and operate a searchable website accessible by the public at no cost that includes:

(1) the name and location of a recipient or agency receiving a state award, the funding source of each award, the date of the award, the amount of funds appropriated and a brief description of the purpose of the award;

(2) local aid to cities and towns including amounts paid to individual municipal agencies;

(3) annual revenues, as determined by the secretary which shall include, but shall not be limited to:

(i) receipts or deposits by an agency into funds established within the state treasury;

(ii) agency earnings including, but not limited to, amounts collected by each agency for services performed and licenses and permits issued;

(iii) compensation for the purchase or lease of state-owned property and interest collected from state-issued loans; and

(iv) federal grants;

(4) a link to all state audits and reports relating to the receipt of state awards by an agency or recipient, including an audit or report issued by the inspector general, state auditor, special commission, legislative committee or executive body;

(5) the reports required by section 88 of chapter 62C; and

(6) any other relevant information specified by the secretary.

(c) The searchable website shall allow users to search electronically by field in a single search, aggregate the data, download information yielded by a search and, where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.

(d) The searchable website shall include and retain information for each fiscal year for not less than 10 fiscal years.

(e) The secretary shall update the searchable website as new data becomes available. All agencies shall provide to the secretary all data that is required to be included in the searchable website not later than 30 days after the data becomes available to the agency. The secretary shall provide guidance to agency heads to ensure compliance with this section.

(f) This section shall not be construed to require the disclosure of: (i) information that is confidential under state or federal law; (ii) payments received by an individual or entity as interest paid by the issuer of any bonds or other public debt.

(g) The secretary shall not be considered in compliance with this section if the data required for the searchable website is not available in a searchable and aggregate manner or if the public is redirected by the searchable website to other government websites, unless each of those websites complies with the requirements of this section.

SECTION XXThe searchable website created pursuant to section 14C of chapter 7 of the General Laws shall be accessible to the public on or before January 1, 2011 and shall contain data for fiscal year 2010; provided, that the requirement for the location of a recipient or agency receiving a state award in clause (1) of subsection (b) of said section 14C of said chapter 7 shall not take effect until July 1, 2011.

ADOPTED
Redraft GOV 143

SECONDARY METALS

Mr. Timilty moved that the bill be amended by inserting after Section 4, the following section:-

“SECTION 4A.  Chapter 6 of the General Laws is hereby amended by adding the following section:-

Section 216.  Subject to distribution from the Secondary Metals Registry Trust Fund, established by section 35LL of chapter 10, the executive office of public safety and security, in cooperation with the criminal history systems board, shall establish a secondary metals registry.  The registry shall consist of a central computerized registry of all information relative to metal received or kept pursuant to, or in violation of, chapter 140B½ or which was the subject of a transaction conducted in violation of said chapter 140B½.  The registry shall be maintained and updated by the criminal history systems board any may use distributions from said fund for such purpose and no other. With the agreement of the criminal history systems board, information relative to metal which was stolen, or otherwise the subject of a violation of chapter 266, but not the subject of a violation of chapter 140B½, may be submitted for entry into the registry by a law enforcement agent.

The secretary of public safety and security, in cooperation with the criminal history systems board, shall develop standardized forms for use in connection with information collection requirements imposed under chapter 140B.  The department of public safety and security shall make blank copies of such forms available, including electronically, to municipalities and to secondary metal dealers for use by such dealers and may provide for such forms to be transmitted to the registry electronically.  Such forms shall prominently include a statement that provision of false information or any other violation of sections 4 or 5 of chapter 140B ½  of the General Laws  is punishable by a fine of not more than $2,500 or by imprisonment in the house of correction for not more than 2½  years, or by both such fine and imprisonment for a first offense and by a fine of not less than $2,500 nor more than $10,000 or by imprisonment in the house of correction for not more than 2½  years or in the state prison for not less than 5 years, or by both such fine and imprisonment for a second or subsequent offense.  Upon a third or subsequent violation of any provision of said chapter 140B½, the license of a secondary metals dealer shall be void and the licensing authority shall permanently revoke such license.

The secretary shall adopt regulations, consistent with the purposes of said chapter 140B½, to collect the information required to be obtained and kept by secondary metal dealers and to maintain that information in the registry for use by law enforcement agencies.  Records maintained in the secondary metals registry shall be open to any law enforcement agency in the commonwealth, the United States or any other state. Information in the registry database shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.”; and

by inserting after Section 7 the following section:-

“SECTION 7A.  Chapter 10 of the General Laws is hereby amended by inserting after section 35KK, the following section:-

Section 35LL.  There is hereby established on the books of the commonwealth a separate fund to be known as the Secondary Metals Registry Trust Fund. The fund shall consist of monies paid to the commonwealth pursuant to chapter 140B and any interest or investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him pursuant to this section and shall credit interest and earnings to the fund.  The state treasure shall distribute 50 per cent of any fine collected and transferred to the fund, pursuant to said chapter 140B, to the municipality wherein the violation of said chapter 140B occurred and 50 per cent to the criminal history systems board for the establishment and maintenance of the secondary metals registry established under section 216 of chapter 6, without further appropriation.”; and

By inserting after Section 64 the following 3 sections:-

SECTION 64A.  The General Laws are hereby amended by inserting after chapter 140B, the following chapter:-

CHAPTER 140B½
SECONDARY METAL DEALING

Section 1. For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Engaging in a business”, a regular occupation or constant employment; not an isolated or occasional transaction.

 “Licensing authority”, the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them.

 “Metal” or “metal article”, any substance or article consisting of metal or a metal alloy but excluding aluminum beverage containers if such containers have a refund value pursuant to section 322 of chapter 94.

 “Secondary metals dealer”, any business, individual, corporation, association

“Secondary metals dealing”, engaging in a business, from a fixed location or otherwise, of gathering or obtaining metal or metal articles that are no longer in use and the economic value thereof is based upon the metal or article’s potential for re-use or upon the worth of the raw material of which such article is made. 

Section 2.  (a) The licensing authority in any city or town may license suitable persons to engage in secondary metal dealing within the borders of such municipality.  A licensing authority may make additional rules, regulations and restrictions, not inconsistent with this chapter, which shall be expressed in all licenses issued pursuant to this section; provided, however, that such regulations shall include a requirement that a license issued pursuant to this section shall expire 1 year from the date of issue, may be renewed, and a fee of $250 shall be assessed for the initial license, 50 per cent of which fee shall be forwarded by the collecting municipality to the state treasurer who shall deposit such monies into the Secondary Metals Registry Trust Fund, established by section 35LL of chapter 10 and $75 shall be assessed for renewals for such licenses; and provided further, that any application for licensure or renewal shall designate a resident agent for service of process which designation may only be withdrawn, in writing, and upon designation of a new resident agent for such purpose. A license issued under section 54 or 54A shall not be deemed a valid license for engaging in secondary metals dealing.   Licenses issued pursuant to this section may be revoked and shall be subject to sections 202 to 205, inclusive.

(b) A licensing authority shall enter premises used by any licensee to engage in secondary metals dealing, wherein the records required to be maintained under this chapter are stored or maintained, and inspect, in a reasonable manner, such records and inventory at least once per calendar year during regular business hours for the purpose of enforcing this chapter. If the records or inventory contain evidence of a violation of this chapter, the inspecting officer shall produce and take possession of copies of the records but, if the licensee does not possess the means to provide copies, the inspecting officer shall arrange to obtain copies in a reasonable time and manner, those records that contain evidence of the violation and the costs for obtaining the copies shall be assessed against the owner of the records.

(c)  The licensing authority, his authorized agent or a police officer may at any time enter upon premises being used for secondary metals dealing to ascertain whether or not the operator thereof is validly licensed, whether such enterprise is being operated in accordance with this chapter, and examine all articles received or stored in or upon the premises and all books, records and inventory relating thereto. A secondary metals dealer shall exhibit to the licensing authority, his authorized agent, or a police officer, upon demand, all such articles, books or inventory.

(d)  The department of state police and municipal police shall enforce this chapter.

Section 3.   (a) It shall be illegal to engage in secondary metals dealing without a license issued in accordance with section 2.

(b)  Whoever violates this section shall be punished, for a first offense, by a fine of not more than $2,500 or 2½ years in the house of correction.  Whoever commits a second or subsequent violation of this section shall be punished by 2½ years in the house of correction or a fine of not more than $5,000 or by not more than 5 years in state prison and a fine of not more than $5,000, or by both such fine and imprisonment. 

Section 4.  (a) Whoever engages in secondary metals dealing shall keep, for each transaction, the following records together in a book, register or electronic archive for 2 years:

(1) a legible statement to be recorded in a book or register, and signed by from the person from whom the metal is received, stating such person’s name, current address and date and place of birth and a statement from such person providing when, where and from whom such person obtained that metal;   

(2) a photocopy of a government issued identification card, issued to the person from whom the metal is received; provided, however, that if a photograph of such person does not appear on the identification card, a photo of the person’s face shall be taken and retained;

(3)  a photograph and a record of the weight of each individual metal article with a fair market value in excess of $250, unless such article bears an identifying number or mark imprinted or embossed on such article during the manufacturing process and unique to such object or to the object from which the metal was taken including, but not limited to, a vehicle identification number; provided, however, that any photograph depicting more than 1 such  article shall be sufficiently clear so as to distinguish each article from any other article in the photograph.   If a unique identifying number or mark is imprinted or embossed on an article, that number or mark shall be recorded and neither a photograph nor the recorded weight of such article shall be required unless the article is gold, silver or platinum with a fair market value over $250, in the condition in which it was received, in which case such article shall be photographed notwithstanding any such unique number or mark thereon;

(4)  forward, not later than 48 hours from the time of receipt, the information required under clauses (1) to (3), inclusive, to the criminal history systems board on forms provided by said board or by the municipality in which the metal is received; and

(5)  retain any metal or metal article received for 10 days following the postmark on, or the date of electronic transmission of,  the information sent to the criminal history systems board as required under clauses (1) to (3), inclusive, and preserve such metal or article during such 10 days in the exact form in which it was received, without processing, tearing down, shredding, crushing, cutting, recycling, compacting, melting or otherwise alteration thereof.

(b)  It shall be illegal to engage in secondary metals dealing and to:

1. knowingly accept a false name, address, date of birth or proof of identification or a false source from which metal or metal articles were obtained from any person seeking to exchange metal or metal articles for money or some other thing of value, with the intent to profit economically thereby;
2. refuse the licensing authority, his authorized agent or a police officer entry onto the premises used for secondary metals dealing, fail to exhibit to the licensing authority,  his authorized agent or a police officer, upon demand, all articles, books or inventory, or willfully hinder, obstruct or prevent the licensing authority,  his authorized agent or a police officer from entering such premises for the purpose of conducting an examination of records or inventory or the validity of any license purportedly issued pursuant to section 2; 
3. receive  any street sign, manhole cover, beer keg, propane container for fueling forklifts, street light, guard rail, water meter cover, railroad track, railroad spike, funeral or memorial marker, any metal item bearing the mark of any government entity, utility company or brewer, or copper wire, the insulation around which such dealer knew, or reasonably should have known, had been burned or stripped away;  provided, however, that the manufacturer or authorized distributor of these metal articles shall be exempt from this clause if such manufacturer or distributor refills, reuses or recycles such articles of its own manufacture or that it distributes.
4. receive any motor vehicle or trailer, or part thereof, which such dealer knew, or reasonably should have known, that the identifying number or mark thereon had been removed, defaced, altered, destroyed or obliterated.

(c)  It shall be illegal to knowingly provide a false name, address, date of birth or proof of  identification, or a false source from which metal or metal articles were obtained to a secondary metals dealer, with the intent to exchange metal or metal articles for money or some other thing of value.

(d) Whoever violates any provision of this section shall be punished,for a first offense, by a fine of not more than $2,500 or by imprisonment in the house of correction for not more than 2½ years, or by both such fine and imprisonment.  Whoever commits a second or subsequent violation of this section shall be punished by a fine of not less than $2,500 nor more than $10,000 or by imprisonment in the house of correction for not more than 2½ years or in the state prison for not less than 5 years, or by both such fine and imprisonment.

(e)  Upon a third or subsequent violation of this chapter, the license of a secondary metals dealer shall be void and the licensing authority shall permanently revoke such license and such license revocation may be imposed in addition to any criminal penalties imposed as a result of a violation of this chapter.

Section 5.  Notwithstanding any general or special law to the contrary, 100 per cent of the fines imposed pursuant to a violation of this chapter shall be transferred by the court to the state treasurer for deposit into the Secondary Metals Registry Trust Fund, established under section 35LL of chapter 10.

Section 6. Any premises used for secondary metals dealing and operated in violation of this chapter shall be deemed a nuisance and the licensing authority, the state police or local police department of the municipality in which such premises are located, the applicable district attorney or the attorney general may make application to the superior court in the county wherein the secondary metals dealing operation is established or maintained for an injunction to abate such nuisance.

Section 7.   (a) The following property shall be subject to forfeiture:

1.  all metal or metal articles which have been received, maintained, transferred or altered or in any manner obtained or kept in violation of this chapter;
2. all materials, products and equipment of any kind used, or intended for use, in processing, transporting, purchasing, exchanging or recycling metals or metal articles in violation of this chapter;
3. all conveyances used, or intended for use, to transport, conceal or otherwise facilitate the processing, transporting, purchasing, exchanging or recycling of metals or metal articles in violation of this chapter;
4. all money, negotiable instruments, securities or other things of value furnished, or intended to be furnished, by any person in exchange for metal or metal articles in violation of this chapter, all proceeds traceable to such an exchange, including real estate and any other thing of value, and all moneys, negotiable instruments and securities used, or intended to be used, to facilitate any violation of  this chapter;
5. all real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to commit or to facilitate the commission of a violation of this chapter; and
6. all property which is used, or intended for use, as a container for property described in clauses (1) or (2).

(b)  No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.

(c) Property subject to forfeiture under subsection (a) shall, upon motion of the petitioner, be declared forfeit by any court having jurisdiction over such property or having final jurisdiction over any related criminal proceeding brought under this chapter.

(d) The court shall order forfeiture of all conveyances and of all real property subject to subsection (a), except as follows:

1. No conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited unless it shall appear that the owner or other person in charge of such conveyance was a consenting party to, or privy to, a violation of this chapter.
2. No conveyance shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, or of the commonwealth or of any other state.
3. No conveyance or real property shall be subject to forfeiture unless the owner thereof knew, or should have known, that such conveyance or real property was used in and for the business of secondary metals dealing in violation of this chapter. Proof that the conveyance or real property was used to facilitate a violation of this chapter on 3 or more different dates shall be prima facie evidence that the conveyance or real property was used in and for the business of unlawful secondary metals dealing.

 (e) (1) The attorney general, a district attorney or a municipality may petition the superior court in the name of the commonwealth or, in the case of a municipality, in such municipality’s name, in the nature of a proceeding in rem to order forfeiture of property subject to forfeiture under  subsection (a). Such petition shall be filed in the court having jurisdiction over such property or having final jurisdiction over any related criminal proceeding brought under this chapter. If the property is claimed by any person, other than the commonwealth, the plaintiff in all such suits shall have the burden of proving to the court the existence of probable cause to institute the action and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subsection (a). The owner of such property, or other person claiming thereunder, shall have the burden of proof as to the exceptions set forth in subsections (d) and (i). The court shall order the forfeiture petitioner to give notice, by certified or registered mail, to the owner of the property which is the subject of the forfeiture proceeding and to such other persons as appear to have an interest therein and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of the owner of such property, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. At such hearing, the court shall hear evidence and make conclusions of law and shall thereupon issue a final order from which the parties shall have a right of appeal. In all such suits in which a final order results in an order of forfeiture, the final order shall provide for disposition of such property by the commonweal, or any subdivision thereof, in any manner not prohibited by law, including official use by authorized law enforcement or other public agency or sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice and the balance thereof shall be distributed as provided in subparagraph (2).

(2) The final order of the court shall provide that moneys and the proceeds of any sale conducted pursuant to subparagraph (1) shall be distributed equally among the prosecuting district attorney or attorney general, the municipal or state police department involved in the seizure and the municipality in which such property is located. If more than 1 police department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall equitably divide, among each of the departments involved, the 1/3 share of the money and proceeds of such sale that would be distributed as if a single department was involved in the seizure.

 (3) There shall be established, within the office of the state treasurer, separate special law enforcement trust funds for each district attorney and for the attorney general. All such monies and proceeds received by the attorney general or any prosecuting district attorney pursuant to this subparagraph shall be deposited into such a trust fund and may be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the attorney general or such district attorney deems appropriate.

All such moneys and proceeds received by any police department pursuant to this subparagraph shall be deposited into a special law enforcement trust fund and may be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the colonel of state police or applicable chief of police deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department.

(f) Any officer, department, or municipality having custody of any property subject to forfeiture under this chapter or having disposed of such property shall keep and maintain full and complete records showing from whom it received such property, under what authority it held or received or disposed of such property, to whom it delivered such property, the date and manner of destruction or disposition of such property, and the exact kind, quantity and form of such property. The records shall be open to inspection by the attorney general and state officers charged with enforcement of this chapter. Persons making final disposition or destruction of such property under court order shall report, under oath, to the court the exact circumstances of such disposition.

(g) (1) During the pendency of forfeiture proceedings, the court may issue, at the request of the petitioner, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody including, but not limited to:  an order that the petitioner remove the property, if possible, and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account and; that a substitute custodian be appointed to manage such property or a business enterprise. Property taken or detained under this section shall not be repleviable, but once seized shall be deemed to be lawfully in the custody of the petitioner pending forfeiture, subject only to the orders and decrees of the court having jurisdiction thereof. Process for seizure of such property shall issue only upon a showing of probable cause, and the application therefore and the issuance, execution, and return thereof shall be subject to chapter 276, so far as applicable.

(2) The office of seized property management within the division of capital asset management and maintenance, established under section 47 of chapter 94C, shall preserve and manage property seized pursuant to this chapter, in a reasonable fashion, dispose of such property upon a judgment ordering forfeiture issued pursuant to this chapter and enter into contracts to preserve, manage and dispose of such property. The office of seized property management shall be funded by a portion of the proceeds of each sale of such managed property to the extent provided as payment of reasonable expenses under subsection (e).

(h) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section 1 of chapter 188. The value of the balance of such principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only 1 principal domicile for the benefit of the immediate family of the owner.

(i) A forfeiture proceeding affecting the title to real property or the use and occupation thereof, or the buildings thereon, shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the municipality wherein the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district wherein the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of such judgment, discontinuance, dismissal or other final disposition and that certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed.

Section 8. The chapter shall not apply to a person who is required under the federal Banking Secrecy Act, Public Law 91-508, as amended by 12 U.S.C. 1829B, 12 U.S.C. 1951-1959 and 31 U.S.C. 5311-5314, 5316-5332 to maintain an anti-money laundering program that vets customers and transactions in metals.

SECTION 64B.  Section 202 of said chapter 140, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 2, the words “, old metals.” 

SECTION 64C.  Said section 202 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “pawnbrokers”, in line 2, the words”- , secondary metals dealing.”;

And by inserting after Section 89 the following 2 sections:- 

“SECTION 89A.  Chapter 266 of the General Laws is hereby amended by striking out section 142A.

SECTION 89B.  Section 70C of chapter 277 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the second sentence the following sentence:-  This section may apply to a violator of chapter 140B½ once only; provided, however, that any such violator who agrees to treat such violation as a civil offense  shall be assessed a fine of  $500, which fine shall not be waived; and provided further, that notwithstanding any general or special law to the contrary, 100 per cent of such fine shall be forwarded to the state treasurer for deposit  into the Secondary Metals Registry Trust Fund, established under section 35LL of chapter 10.”; and

By inserting after Section 107 the following section:-

“SECTION 107A.   Notwithstanding any general or special law to the contrary, the attorney general shall establish a 2 year pilot program to implement a state “Massachusetts abandoned property registry”, hereinafter referred to as MAP.  Such registry shall require all property owners, including lenders, trustees, and service companies, to properly register and maintain vacant and/or foreclosing properties located in the state. 

The attorney general shall have enforcement authority of the pilot program, and shall establish rules governing the implementation and administration of the MAP pilot program. 

The MAP pilot program shall be implemented 120 days after passage, and shall expire 2 years thereafter.”;

And by inserting after Section 157 the following 3 sections:-

“SECTION 157A.  Sections 4A, 7A, 64B, 64C, 89A, 89B and 107A shall take effect on July 1, 2011.

SECTION 157B. Proposed sections 1 and 3 to 8, inclusive, of chapter 140B1/2 of the General Laws, as inserted by Section 64A, shall take effect on July 1, 2011.

SECTION 157C. Proposed section 2 of chapter 140B1/2 of the General Laws, as inserted by Section 64A, shall take effect on January 1, 2011.”

Rejected
GOV 144

TRANSPARENCY OF QUASI-PUBLIC AGENCIES

Mr. Montigny moved that the bill be amended, by inserting after Section__, the following new Sections:-

 SECTION____. Section 1 of chapter 62C of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting before the definition of "Building contractor" the following 2 definitions:-

"Administering agency head", the agency head responsible for administering the applicable state tax credit program. For the brownfields tax credit and the film tax credit the administering agency head is the commissioner. For the medical device tax credit, the administering agency head is the Massachusetts life sciences center.

“Authorized tax credit”, a tax credit granted pursuant to a tax credit program.

SECTION­­­_____. Said section 1 of said chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Promoter" the following definition:-

“Secretary”, the secretary of administration and finance.

SECTION_____. Said section 1 of chapter 62C, as so appearing, is hereby further amended by inserting after the definition of "Show" the following definition:-

“Tax credit program", 1 of the following credits against the state income tax to stimulate economic development and other policy goals: the brownfields tax credit in section 38Q of chapter 63 and subsection (j) of section 6 of chapter 62; the dairy farmer tax credit in section 38Z of chapter 63 and subsection (o) of section 6 of chapter 62; the FDA user fees credit in section 31M of chapter 63 and subsection (n) of section 6 of chapter 62; the film tax credit in subsection (b) of section 38X of chapter 63 and subsection (l) of section 6 of chapter 62; the historic rehabilitation tax credit in section 38R of chapter 63 and section 6J of chapter 62; the life sciences investment tax credit in section 38U of chapter 63 and subsection (m) of section 6 of chapter 62; the low-income housing tax credit in section 31H of chapter 63 and section 6I of chapter 62; the medical device tax credit in section 31L of chapter 63 and section 6 1/2 of chapter 62; the refundable research credit in subsection (j) of section 38M of chapter 63; and the economic development incentive program in section 6 subsection (g) of chapter 62 and section 38N of chapter 63; and any refundable credits under chapter 62 and 63 established after January 1, 2011.

SECTION____. Said chapter 62C is hereby further amended by adding the following section:-

Section 88. (a)(1) Annually on or before May 15, the administering agency head of each tax credit program shall submit a report to the commissioner on each tax credit program authorized for the previous calendar year, in this section called the report, which shall be a public record.

For purposes of this report no information shall be used pertaining to credits, exemptions or deductions awarded or claimed prior to January 1, 2011.

(2) The report shall contain the following information: (i) the identity of each taxpayer receiving an authorized tax credit and from which tax credit program the credit was received; (ii) the amount of the authorized tax credit awarded and issued for each taxpayer and each project, if applicable; and (iii) the date that the authorized tax credit is awarded and issued for each taxpayer and each project.

SECTION____. Sections AA-DD, inclusive, shall take effect on January 1, 2011.

Rejected
GOV 145

SINGLE POINT OF CONTACT

Mr. Donnelly moved that the bill be amended, in section 2, by inserting after item 1599-4704 the following item:-

“1599-5050  The executive office for administration and finance may expend an amount not to exceed $300,000 in revenues received from fringe benefit assessments for a single point of contact unit within the executive office to monitor and track federal assistance; provided, that the items monitored may include grants, federal medical assistance percentages reimbursements, other reimbursements, entitlement programs and any economic recovery stimulus funds, should they be received, under section 6B of chapter 29 of the General Laws; provided further, that the unit shall coordinate with the state comptroller, the treasurer and receiver general; provided further, that the unit shall coordinate with agencies to draw down all available funds to support programs and services and to further ensure compliance with the federal Cash Management Improvement Act, that all draws of federal grant funds must be processed through the commonwealth's automated central draw process, under the supervision of the comptroller; and provided further, that notwithstanding any general or special law to the contrary, for the purpose of accommodating timing discrepancies between the receipt of revenues and related expenditures, the office may incur expenses and the comptroller may certify for payment the amounts not to exceed the lower of this authorization or the most recent revenue estimate, as reported in the state accounting system ……. $300,000”

Rejected
GOV 146

VOLUNTARY TOWING REGULATIONS

Mr. Michael O. Moore moved that the bill be amended by the addition of the following new section:-

Section X. Chapter 159B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended, after section 6d, by inserting the following two new sections:-

“Section 6e.  Notwithstanding any general or special law to the contrary, every person engaged in the consensual and voluntary towing of motor vehicles shall obtain a certificate from the Department as provided in this section.  No license for operation of such towing service shall be issued until:

(A) Certificates of insurance as prescribed by the Department are on file with the Department;

(B)  Each operator of a tow company or unincorporated, independent operator has met the criminal offender record report standards as prescribed by the Department to ensure the public’s safety;

(C)  Each tow company or operator submits a certificate fee of not less than $300; and,

(D) Each tow company or operator meets any additional standards for the public’s safety as reasonably determined by the Department.

Each vehicle which is used by an operator in pulling or towing a vehicle shall display, in the lower right hand corner of the windshield, a valid sticker furnished by the Department indicating the operator’s certificate number. The Department shall review the fee assessed for vehicle stickers annually; provided further that said fee shall not be less than fifty dollars per decal. In addition, each operator engaged in the consensual and voluntary towing of motor vehicles shall display the appropriate tow operator or wrecker registration plate as issued by the Registry of Motor Vehicles.  A tow operator, with an existing certificate at the time of enactment, shall be required to comply with these provisions upon renewal of his certificate.

Section 6F.  The Department shall have access to and shall obtain all available criminal offender record information from the criminal history systems board of any current or prospective operator of a tow company or unincorporated, independent operator, who may have direct and unmonitored contact with the general public, including any individual who regularly provides voluntary towing to the general public. Access to such information shall be obtained in accordance with sections 167 to 168, inclusive, of chapter 6. The Department shall prohibit the dissemination of such information for any purpose other than to further the protection of the general public.”

SECTION X.  Section 5 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting the following after subsection (a)(3):-

“(3 ½ ) tow operator or wrecker,”

SECTION X. Section 5 of Chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby further amended by inserting the following subsection:-

“(i)  Notwithstanding any general or special law to the contrary, a repairman’s plate and tow operator or wrecker plate shall have the same rights and privileges.”

SECTION X.  The Department shall prescribe all regulations for compliance of this act within a year of its enactment. Every person engaged in the consensual and voluntary towing of motor vehicles shall comply with the requirements of this act within one year of promulgation of regulations.

ADOPTED
GOV 147

UMASS DONAHUE INSTITUTE

Mr. Brewer and Ms. Chandler moved that the bill be amended, in section 2, in item 0511-0270, by striking the figure “500,000” and inserting in place thereof the following figure: “621,750”

Redraft GOV 148

SPRINGFIELD TRUST FUND TRANSFER

Ms. Candaras and Mr. Buoniconti moved that the bill be amended in Section 115 by striking out Section 115 and inserting in place thereof the following:-
Section 115. (a) Notwithstanding any general or special law to the contrary, and upon receiving a written request from the secretary of administration and finance, the comptroller shall transfer $33,500,000 from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust to the General Fund.
(b)Notwithstanding said chapter 169 or any other general or special law to the contrary, the balance left in the Springfield Promise Program Expendable Trust after taking this transfer into account shall be used exclusively for the funding of the Springfield Promise Program; provided that the funds remaining in the Springfield Promise Program Expendable Trust shall be deposited into a new expendable trust to be created and administered by the City of Springfield, to be called the City of Springfield Promise Program Expendable Trust, provided further, that funds in the City of Springfield Promise Program Expendable Trust shall not be used for any purpose other than funding of the Springfield Promise Program, including its administrative costs.
(c)  Any amount transferred from the Commonwealth of Massachusetts Springfield Promise Program Expendable Trust pursuant to subsection (a) and (b) of this section shall be considered as an amount repaid to reduce any loan balance pursuant to Section 2 of Chapter 468 of the Acts of 2008 and Section 2 of Chapter 169 of the Acts of 2004.

GOV 149

WITHDRAWN

GOV 150

WITHDRAWN

3rd Redraft GOV 151

NORCAP DRUG AND ALCOHOL TREATMENT

Mr. Timilty moved that the bill be amended by inserting at the end thereof the following new section:-
SECTION XX: Chapter 544 of the Acts of 1976 is hereby amended by striking out in paragraph 1 the phrase “to be used as an intermediate care facility for the treatment of alcoholism and related conditions” and inserting the following in its place “to be used as a medical care facility” and by striking out paragraphs 3 and 4 in their entirety.” and:-
by inserting at the end thereof the following new section:-
SECTION XX: (a) Notwithstanding any general or special law to the contrary, any restriction on use and any reversionary interest held by the commonwealth in the parcel designated as the Walnut Lodge property in paragraph 1 of said chapter 544 which was conveyed to Norwood Hospital, now Caritas Norwood Hospital, Inc., on June 20, 1978, are hereby released.
(b) For the purposes of this act “Caritas Norwood Hospital, Inc. or its successors” shall have the following meaning: Caritas Norwood Hospital Inc. or any person, group, or entity that purchases all or substantially all of the assets of Caritas Christi Healthcare System, or all or substantially all of the assets of Caritas Norwood Hospital, Inc., including any subsequent purchasers, whether such purchase is effected by sale, merger, or otherwise.
(c) In consideration for the releases set forth in subsection (a), Caritas Norwood Hospital, Inc., or its successors, shall maintain services for the treatment of alcoholism and related conditions at the Walnut Lodge property, or, if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital, Inc. and upon any disposition of said Walnut Lodge property by Caritas Norwood Hospital, or its successors, then 50 per cent of the gross proceeds from the sale, lease or other disposition of said parcel shall be paid by such seller to the commonwealth acting by and through the commissioner of capital asset management and maintenance; “Gross proceeds” shall mean all payments paid to Caritas Norwood Hospital, Inc. or its successors as and when paid, by a transferee who shall not use the property as a medical care facility. Furthermore, under any change of use by Caritas Norwood Hospital, Inc. or any successor thereto, such that said Walnut Lodge property, or any portion thereof, ceases to be used for the treatment of alcoholism and related conditions, or if not at the Walnut Lodge property, at the site of the Caritas Norwood Hospital Inc., then Caritas Norwood Hospital, Inc. or any successor thereto, shall pay to the commonwealth, acting by and through the commissioner of capital asset management and maintenance, the sum of 50 percent of the assessed valuation of the land included in such change of use, as such assessment valuation appears on the real estate tax assessment listing maintained by the assessors of the Town of Foxborough for the fiscal year in which said change of use occurs.  Nothing herein shall restrict the transfer or conveyance of said property, or any portion thereof, for use as a medical care facility.

RULED OUT OF ORDER
GOV 152

GIFT OF LIFE

Ms. Spilka moved that the bill be amended by inserting at the end thereof, the following new Sections: -

SECTION X1. Paragraph (a) of Part B of section 3 of Chapter 62 of the General Laws, as most recently amended by section 49 of Chapter 139 of the Acts of 2006, is hereby further amended by adding the following subparagraph:-

(16) In the case of an individual who donates an organ to another human being for human organ transplantation, the individual may claim an amount equal to the following expenses that are incurred by the claimant and related to the claimant’s organ donation: (i) travel expenses; (ii) lodging expenses; and (iii) lost wages in and not to exceed $10,000. For the purposes of this subparagraph, “human organ” shall mean all or part of human bone marrow, liver, pancreas, kidney, intestine or lung. The deduction provided for in this subparagraph shall not be claimed by a part-year resident or a nonresident.

SECTION X2. A deduction shall be allowed under subparagraph (16) of paragraph (a) of Part B of section 3 of Chapter 62 of the General Laws for taxable years beginning on or after January 1, 2011.

Rejected
Redraft GOV 153

COMMONWEALTH CORPS

Mr. Tolman moved that the bill be amended, in section 2, by inserting after item 7003-0702, the following item:

7003-0703       For a contract with the Massachusetts Service Alliance to operate the           Commonwealth Corps program . . . . . . . . . . . . . . . . . . . . . . .  $750,000

GOV 154

WITHDRAWN

ADOPTED
GOV 155

ADVERTISING AT STATE AGENCIES

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __.  Notwithstanding any special or general law to the contrary any body politic of the commonwealth which engages in commercial advertising paid for by the commonwealth to promote their office, a program offered by their office, or any other official action shall publicize on the official website of the commonwealth in a form approved by auditor of the commonwealth the cost of each advertisement, including the cost of the production of the advertisement, and the cost of placement of the  advertisement, not later than 7 days after the placement of the advertisement.”

3rd Redraft GOV 156

PRESERVING BRANCH LIBRARIES I

Messrs. Tolman, Hart and Petruccelli and Ms. Chang-Diaz moved that the bill be amended, in section 2, in item 7000-9401, by adding the following words:- ; and provided further, that said section 19C of said chapter 78 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality operates all branch libraries in service as of January 1, 2010.

2nd Redraft GOV 157

PRESERVING BRANCH LIBRARIES II

Messrs. Tolman, Hart and Petruccelli and Ms. Chang-Diaz moved that the bill be amended, in section 2, in item 7000-9401, by adding the following words:- ; and provided further, that said section 19C of said chapter 78 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality operates all branch libraries in service as of January 1, 2010.

2nd Redraft GOV 158

PRESERVING BRANCH LIBRARIES III

Messrs. Tolman, Hart and Petruccelli and Ms. Chang-Diaz moved that the bill be amended, in section 2, in item 7006-0140, by adding the following words:- ; and provided further, that said section 18D of said chapter 58 shall not apply to a municipality with more than 150,000 residents during fiscal year 2011 unless such municipality operates all branch libraries in service as of January 1, 2010.

Rejected
GOV 159

CENTRAL MASSACHUSETTS OUTREACH CENTER FOR HOMELESS VETERANS

Ms. Chandler moved that the bill be amended, in section 2, in item 1410-0012, by adding the following: “provided that not less than $150,000 shall be expended for Veterans, Inc. in Worcester”.

Rejected
GOV 160

MASSACHUSETTS VETERANS INC.

Ms. Chandler moved that the bill be amended, in section 2, in item 1410-0250, by adding the following: “provided that not less than $625,000 shall be expended for Veterans, Inc. in Worcester”.

ADOPTED
GOV161

PRICE SIGNAGE

Mr. Berry moved that the bill be amended by inserting, after Section __, the following new Section:-

“SECTION__. Chapter 94 of the General Laws is hereby amended by striking out section 295D and inserting in place thereof the following new section:-

“Section 295D. Any advertisement of motor fuel other than those required in section 295C shall display the total price including all taxes.”

Rejected
GOV 162

OPEN AND FREE PUBLIC ACCESS TO BONUS OFFERS

Mr. Knapik moved that the bill be amended by adding the following new Section:-

Section X.  The Secretary of the Executive Office for Administration and Finance shall develop and promulgate regulations governing state employees’ participation in any state-sponsored rebate, coupon, bonus, or giveaway offer available to the general public.  The purpose of the regulations shall be to ensure complete compliance with Chapter 268A of the General Laws and any other general or special law governing the proper and ethical conduct of state employees.  The regulations shall prohibit any employee of the agency sponsoring such an offer from participating in the offer.

GOV 163

WITHDRAWN

RULED OUT OF ORDER
GOV 164

PMI DEDUCTION

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Sections:-

“SECTION __. Paragraph (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 inserting after subparagraph (15) the following new subparagraph:-

(16) (a) An amount equal to premiums paid or accrued for qualified mortgage insurance by the taxpayer during the taxable year in connection with acquisition indebtedness with respect to a primary residence.

(b) The amount under clause (a) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 that a person’s adjusted gross income for the taxable year exceeds $100,000.

(c) Clause (a) shall not apply with respect to any mortgage insurance contracts issued before January 1, 2007.

Section 2.  Section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after paragraph (o) the following new paragraph:-

(p) “Qualified mortgage insurance,” shall mean private mortgage insurance, as defined within 12 U.S.C. 4901, or commonly referred to as insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender.”

ADOPTED
GOV 165

CARBON EMISSIONS REDUCTION

Mr. Knapik moved that the bill be amended by adding the following new Section:-

Section X.  The Secretary of the Executive Office for Administration and Finance shall develop and promulgate regulations governing the use of state-owned vehicles by state employees; provided that the regulations shall prohibit the use of state-owned vehicles from the close of business each Friday to the start of business each Monday for all activities not explicitly related to the performance of an employee’s official and authorized duties.

GOV 166

BIDDING FOR PUBLIC CONSTRUCTION CONTRACTS

Mr. Joyce moved that the bill be amended by inserting at the end thereof the following new section: -

SECTION 1. subsection 2 of section 44D of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:

“An application for a certificate of eligibility and update statements shall be a public record as defined in section 7 of chapter 4 except that financial information contained in the application shall not be a public record.”

SECTION 2.  Subsection 12 of section 44D of chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is amended by striking out the last sentence and inserting in place thereof the following sentence:

“An application for a certificate of eligibility and update statements shall be public record as defined in section 7 of chapter 4 except that financial information contained in the application shall not be a public record.”

Rejected
GOV 167

CONVENTION CENTER PRIVATIZATION

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __.  The Massachusetts Convention Center Authority shall solicit bids for the operation of any of the assets managed therein for terms not to exceed 30 years.  If it is determined that any of the bids are of sufficient value to the commonwealth, the authority may enter into the necessary agreements to permit such an arrangement.”

Rejected
GOV 168

BILL TRACKING

Mr. Tarr moved that the bill be amended, in section 2, in item 9700-0000, by inserting after the word “legislature” the following:- “; provided, that no funds shall be expended from this item for information technology services unless and until a reliable bill tracking system is in place for the use of the public and the legislature”.

GOV 169

WITHDRAWN

Rejected
GOV 170

DOR AUDITORS

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended, in section 2, in item 1201-0100, by striking out the figure “$84,676,776” and inserting in place thereof the following figure:- “$79,281,171”.

Rejected
GOV 171

ELECTION OFFICIALS

Ms. Jehlen and Mr. Eldridge moved that the bill be amended by inserting at the end thereof the following new sections:-

SECTION XX. Chapter 54 Section 11 of the General Laws is hereby amended by striking the words “one warden, one deputy warden, one clerk, one deputy clerk, four inspectors and four deputy inspectors” and replacing it with “one warden, one clerk, at least two inspectors and a ballot box inspector.”

SECTION XX. Chapter 54 Section 12 of the General Laws is hereby amended by striking the words “one warden, one deputy warden, one clerk, one deputy clerk, two inspectors and two deputy inspectors” and replacing it with “one warden, one clerk, at least two inspectors and a ballot box inspector.”

SECTION XX. Chapter 54 Section 67 of the General Laws as amended by the Acts of 2004, c.334, Section 34 is hereby amended by deleting the section and replacing it with the following: “The voting list shall be delivered to the precinct warden. When a ballot is delivered to a voter, his name shall be checked on the voting list at the entrance of the precinct. The officer in charge of the voting list and the ballot box inspector shall not be of the same political party. The ballot box inspector shall insure that each voter casts a ballot into the ballot box before exiting the precinct. No person shall vote if his name is not on the voting list, nor until the inspector shall check his name thereon, unless he presents a certificate from the registrars of the voters as provided by section fifty-one or section fifty-nine of Chapter fifty one, or unless he is voting by provisional ballot under section 76C. Provided, however, that nothing in this section shall preclude the chief election officer of any community from utilizing a so-called check-out table at any polling place(s).”

SECTION XX. Chapter 54 Section 83 of the General Laws is hereby amended by deleting the entire section.

GOV 172

FAIR EMPLOYMENT AND SECURITY

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following section:-

“SECTION XX. (a) Chapter 149 of the General Laws is hereby amended by inserting after section 19(c) the following new section:

“19(d): Whoever utilizes in any way a false identification document for the purposes of soliciting, securing, or maintaining employment from a public employer as defined in section 1 of chapter 30C shall be punished by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two years.”

(b) Section 24B of chapter 90 of the general laws is hereby amended by adding, after the first paragraph, the following:-

“Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner’s permit, license to operate motor vehicles or identification card or assists another to do so shall be punished as follows:

1. For the above acts involving 1 to 5 documents, by a fine of not more than $5,000 or by imprisonment in state prison for not more than 7 years or in a house of correction for not more than five years, or both;
2. For acts involving 5 to 10 documents, by a fine of not more than $10,000 or by imprisonment in state prison for not more than 10 years or in a house of correction for not more than 8 years, or both;
3. For acts involving more than 10 documents, by a fine of not more than $100,000 or by imprisonment in state prison for not more than 20 years or for not more than 15 years in a house of correction, or both.”

(c) The general laws are hereby amended by inserting after chapter 30B the following:-

“Chapter 30C.  PUBLIC CONTRACT INTEGRITY

Section 1. For the purposes of this chapter, the following terms shall be defined as follows:

“public employer”: any department, agency, or public instrumentality of the commonwealth and any person, corporation, partnership, sole proprietorship, joint venture, or other business entity providing goods or services to any department, agency or public instrumentality of the commonwealth, including but not limited to the Massachusetts Turnpike Authority, Massachusetts Water Resources Authority, Massachusetts Port Authority, and the Massachusetts Bay Transportation Authority.

“Work authorization program”: any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency, or any private verification system authorized by the director of the department of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA) and its progeny.

Section 2.  No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a work authorization program to verify information of all new employees and certifies to that effect in writing to the director of the department of labor.

Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into such a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a work authorization program to verify information of all employees and certifies to that effect in writing to the director of the department of labor.

Section 4.  Sections 2 and 3 of this chapter shall apply as follows:

(A) On or after September 1, 2010, with respect to public employers, contractors, or subcontractors of 500 or more employees;

(B) On or after September 1, 2011, with respect to public employers, contractors, or subcontractors of 100 or more employees; and

(C) On or after September 1, 2012, with respect to all public employers, contractors, or subcontractors.

Section 5.  The provisions of this chapter shall be enforced without regard to race, religion, gender, ethnicity, or national origin.

Section 6. Except as provided in section 4 of this chapter, the director of the department of labor shall prescribe forms and promulgate rules and regulations deemed necessary in order to administer and effectuate the provisions of this chapter.

Section 7. The Inspector General shall develop and promulgate regulations for the purpose of ensuring that any person receiving funds pursuant to a contract awarded subject to the provisions of chapter 30B and section 44A of chapter 149 of the general laws is in compliance with federal laws pertaining to immigration and citizenship, including but not limited to 42 U.S.C. 1436(a). Such regulations shall include but not be limited to the ascertaining and verification of immigration and/or citizenship status through a work authorization program maintained by the United States Department of Homeland Security or its substantial equivalent.

Section 8. No contract shall be awarded by or to a public employer, and no public funds shall be expended in accordance with such a contract, unless the public employer named in the contract complies with the regulations prescribed in this chapter.

Section 9.  No funds shall be expended in accordance with a contract awarded by or to a public employer which will result in the payment of any kind to a person not in compliance with any and all federal laws pertaining to immigration and citizenship, including but not limited to 42  U.S.C. 1436(a).”

Section 10. The auditor is hereby authorized to conduct random audits to ensure compliance with the provisions of this chapter.

(d) Chapter 149 of the General Laws is hereby amended in the second paragraph of section 19c by adding the following at the end thereof:

“Such regulations shall include but not be limited to ascertaining and verifying immigration and/or citizenship status utilizing a work authorization program maintained by the United States Department of Homeland Security or a similarly authorized and efficacious system.”

(e) Chapter 149 of the General Laws is hereby amended in Section 2 by adding the following at the end thereof:

“Compliance with this section shall include but not be limited to entering into, maintaining and enforcing any and all memoranda of understanding with the Attorney General of the United States pertaining to the enforcement of federal laws regarding immigration and citizenship.”

(f) Section 2 of chapter 149 of the general laws is hereby amended by inserting at the end thereof the following:-

”The attorney general shall make available to the residents of the commonwealth a 24-hour toll-free hotline which may be used for reporting any suspected violations of the provisions of this chapter, including sections 19c and 26, relative to immigration status and wage laws, or of 8 U.S.C. 1324a, relative to the unlawful employment of unauthorized aliens.  Calls to the hotline shall be treated confidentially, and callers shall have the option of reporting any violations anonymously.  All complaints, whether received through the hotline, in writing, electronically, or in any other form, shall be recorded and documented by the attorney general and shall immediately refer any violations of federal law, including but not limited to 8 U.S.C. 1324a, to the attorney general of the United States and shall investigate all alleged violations of state law as authorized by the general laws.  The attorney general shall annually prepare a year-end report detailing all reported violations of sections 19C and 26 of this chapter and of 8 U.S.C. 1324a, the nature of said violations, the date on which each complaint was received and documented, any enforcement action taken against an employer who knowingly employs illegal aliens in the commonwealth, and any violations of federal law forwarded to the attorney general of the United States.  Said report shall be submitted to the house and senate committees on ways and means and to the joint committee on labor and workforce development on or before February 1 of each year.

(g) Notwithstanding any general or special law to the contrary, the Attorney General is hereby authorized and directed to facilitate and enter into a memorandum of understanding with the Attorney General of the United States, pursuant to the provisions of 8 U.S.C. 1357(g), for the purpose of enforcing state and federal laws pertaining to immigration and citizenship, not later than eight months following the passage of this act.

(h) Notwithstanding any general or special law to the contrary, when any person charged with a felony or with driving under the influence pursuant to section 24 of chapter 90 of the general laws is confined, for any period, in any correctional institution or prison in the commonwealth, the commissioner of the department of corrections, the county sheriff, or the municipal police chief or other officer shall make a reasonable effort to verify that the prisoner has been lawfully admitted to the United States and if lawfully admitted, that such lawful status has not expired. If verification of lawful status cannot be made from documents in the possession of the prisoner, verification shall be made within 48 hours through a query to the Law Enforcement Support Center (LESC) of the United States Department of Homeland Security or other office or agency designated for that purpose by the United States Department of Homeland Security. If the prisoner is determined not to be lawfully admitted to the United States the commissioner of the department of corrections, the county sheriff, the municipal police chief or an other officer shall notify the United States Department of Homeland Security.

(b) Nothing in this section shall be construed to deny a person bond or from being released from confinement when such person is otherwise eligible for release.

(c) The secretary of the executive office of public safety shall prepare and issue guidelines and procedures used to comply with the provisions of this section.”

(i) Section 32 of chapter 121B of the General Laws is hereby amended by adding the following paragraph:-

“Notwithstanding any general or special law or regulation to the contrary, an applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a, and who is not a person residing in the United States under color of law as defined in regulations of the federal Department of Health and Human Services as in force on May 25, 2006, shall not displace or be given priority over any applicant who is so eligible.”

(j) Notwithstanding any general or special law to the contrary the immigration status of every defendant shall be confirmed at the arraignment stage of any civil or criminal court proceeding.

(k) If any of the provisions of this act, or the application of such provision to any persons or circumstances, shall be held invalid, the remainder thereof, or the application of such provision to persons or circumstances other than those wherein it is held invalid, shall not be affected thereby”.

Further GOV 172.1

FAIR EMPLOYMENT AND SECURITY

Messrs.  Baddour, Tarr, Tisei, Hedlund, Knapik and Ross move to amend the pending amendment by striking out the text and inserting in place the following text:-
by inserting after Section 23 the following 2 sections:-
            “SECTION 23A. Clause (1) of subsection (c) of section 29F of said chapter 29, as appearing in the 2008 Official Edition, is hereby amended by adding the following subclause:-
(x) a violation of federal law prohibiting the employment of unauthorized aliens; or.
SECTION 23B. (a) The General Laws are hereby amended by inserting after chapter 30B the following:-
“Chapter 30C.  PUBLIC CONTRACT INTEGRITY
            Section 1. For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
            “Public employer”, a department, agency or public instrumentality of the commonwealth or a person, corporation, partnership, sole proprietorship, joint venture or other business entity providing goods or services to a department, agency or public instrumentality of the commonwealth including, but not limited to, the Massachusetts Department of Transportation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority.
            “Work authorization program”, an electronic verification of work authorization program  or an equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency or by a private verification system authorized by the director of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 and its successor acts.
            Section 2.  No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a work authorization program to verify information on all new employees and certifies to that effect in writing to the director of labor.
            Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a work authorization program to verify information on all employees and certifies to that effect in writing to the director of labor.
            Section 4.  This chapter shall be enforced without regard to race, religion, gender, ethnicity or national origin.
            Section 5. Except as may be otherwise provided in this chapter, the director of labor shall prescribe forms and promulgate rules and regulations necessary to implement and administer this chapter.
            Section 6. The inspector general shall develop and promulgate regulations to ensure that a person receiving funds pursuant to a contract awarded pursuant to chapter 30B and section 44A of chapter 149 is in compliance with federal laws pertaining to immigration and citizenship including, but not limited to 42 U.S.C. section 1436(a). Such regulations shall include, but not be limited to, ascertaining and verifying immigration and citizenship status through a work authorization program .
Section 7. No contract shall be awarded by or to a public employer and no public funds shall be expended under any such contract unless the public employer complies with the regulations prescribed in this chapter.
Section 7.  No funds shall be expended in accordance with a contract awarded by or to a public employer which will result in the payment of any kind to a person not in compliance with any and all federal laws pertaining to immigration and citizenship, including but not limited to 42  U.S.C. 1436(a).”; and
            by inserting after section 38 the following 6 sections:-
“SECTION 38A. The first paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 3 sentences:- If the owner is a corporation or business entity, the application shall contain the name of the corporation or business entity, the full address, including the street, city or town, state and zip code, the federal tax identification number if a corporation and the social security number if the business entity is a sole  proprietorship and does not have a federal tax identification number.  If an applicant is a natural person, the application shall contain his name, full residential address, date of birth, license number or identification card number issued by the registrar and such other particulars as the registrar may require. Except as otherwise provided in this chapter or in regulations adopted by the registrar, no registration shall be issued for a motor vehicle or trailer owned or leased by a natural person unless 1 of its registering owners or lessees holds a valid license or identification card issued by the registrar. The registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons.”
            SECTION 38B. Said section 2 of said chapter 90 is hereby further amended by inserting after the word “statement”, in line 13, as so appearing, the following word:-  signed.
SECTION 38C. Said section 2 of said chapter 90 is hereby further amended by striking out, in lines 21 to 23, inclusive, as so appearing, the words “register in a book or upon suitable index cards to be kept for the purpose the motor vehicle or trailer described in the application, giving to the vehicle” and inserting in place thereof the following:- keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer. 
SECTION 38D. Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in line 10, the words “of not less than $100 nor more than $1000” and inserting in place thereof the following: by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1,000, for a second offense, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 30 days, or both such fine and imprisonment, for a third or subsequent offense.
SECTION 38E. Section 24B of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
            Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner’s permit, license to operate motor vehicles or identification card or knowingly assists another to do so, shall be punished as follows: (i) for acts involving 1 to 5 documents, by a fine of not more than $500 dollars or by imprisonment in the house of correction for not more than 1 year; (ii) for acts involving 6 to 10 documents, by a fine of not more than $1,000 dollars or by imprisonment in the state prison for not more than 5 years or in jail or house of correction for not more than 2 1/2 years;  for acts involving more than 10 documents, by a fine of not more than $10,000 dollars or by imprisonment in the state prison for not more than 15 years.
SECTION 38F.  The third paragraph of section 34B of said chapter 90, as so appearing, is hereby amended by adding the following 3 sentences: -  Any person who transfers, alters, defaces, uses or carries any such card or license or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card or license shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500 for a first offense or by a fine of not more than $1,000 or imprisonment for not more than 3 months, or both such fine and imprisonment for a second or subsequent offense.  Any person who makes, sells or distributes a false identification card shall be guilty of a felony and shall be punished by a fine of not more than $5,000 or imprisonment for not more than 5 years, or both such fine and imprisonment.”; and
by inserting after section 47 the following section:-
“SECTION 47A.  Section 1 of chapter 118E of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-
Benefits for individuals over age 18 for any program established under this chapter or which can be obtained only through an application for benefits under this chapter shall be available only to otherwise eligible individuals who document their lawful presence in the United States in accordance with federal requirements applicable to federal public benefits under Title XIX and Title XXI of the Social Security Act, including the requirements or the waiver of any requirements under section 1115 of the Social Security Act.  The documentation requirements shall apply regardless of whether those benefits are subject to federal funding.”; and
by inserting after section 62 the following section:-
“SECTION 62A.  Section 32 of chapter 121B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law or rule or regulation to the contrary, an applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a or who is not a person residing in the United States under color of law as provided in section 16D of chapter 118E shall not be given priority over or otherwise displace an applicant who has such status.”; and
            by inserting after section 64 the following 3 sections:-
            “SECTION 64A. Section 2 of chapter 149 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
            The attorney general shall make available a 24-hour toll-free hotline which may be used for reporting suspected violations of this chapter, including sections 19C and 26 relative to immigration status and wage laws and for violations of 8 U.S.C. section 1324a relative to the unlawful employment of unauthorized aliens in the commonwealth.  Calls to the hotline shall be confidential and callers shall have the option of reporting violations anonymously.  All complaints, whether received through the hotline, in writing, electronically or in any other form shall be recorded, documented and investigated by the attorney general.  The attorney general shall immediately refer any suspected violations of federal law including, but not limited to, violations of 8 U.S.C. section 1324a, to the Attorney General of the United States.  The attorney general shall annually prepare a year-end report detailing all reported violations of said sections 19C and 26 and violations of 8 U.S.C. sections 1324a, the nature of the violations, the date on which each complaint was received and documented, any enforcement action taken against an employer who knowingly employs illegal aliens and any violations of federal law forwarded to the Attorney General of the United States.   The report shall be submitted annually to the house and senate committees on ways and means and to the joint committee on labor and workforce development not later than February 1.
SECTION 64B.  The second paragraph of section 19C of said chapter 149, as so appearing, is hereby amended by adding the following sentence:-  Such regulations shall include but not be limited to ascertaining and verifying immigration and/or citizenship status utilizing a work authorization program as defined in section 1 of chapter 30C.
SECTION 64C.  Said section 19C of said chapter 149, as so appearing, is hereby further amended by striking out the third paragraph and inserting in place thereof the following paragraph:-           
Any person who violates this section or who knowingly utilizes a false identification document for the purposes of soliciting, securing or maintaining employment from a public employer shall be punished by a fine of not more than $500 nor less than $200 or by imprisonment in the jail or house of correction for not more than 1 year.”; and       
by inserting after section 154 the following 9 sections:-
“SECTION 154A.  Not later than 8 months after the effective date of this act and notwithstanding any general or special law to the contrary, the attorney general may facilitate and enter into a memorandum of understanding with the Attorney General of the United States pursuant to the provisions of 8 U.S.C. section 1357(g), for the purpose of enforcing state and federal laws pertaining to immigration and citizenship; provided, however, that if the attorney general has not entered into a memorandum of understanding by that date, the attorney general shall submit a written report to the clerks of the senate and house of representatives stating the reasons for which an agreement was not reached, including any recommendations for state action necessary to facilitate such an agreement.
SECTION 154B.  Notwithstanding any general or special law to the contrary the immigration status of every defendant shall be confirmed at the arraignment stage of a criminal court proceeding.
SECTION 154C. Notwithstanding any special or general law to the contrary, a person who is a lawful immigrant or permanent resident of the United States, or is eligible to apply and has applied for such status, shall be eligible to be considered for Massachusetts residency for tuition purposes, provided that the person meets the same requirements for establishing residency in Massachusetts as are required of a United States citizen. Non-citizens who are in, or who are eligible to apply and have applied for, refugee or asylum status, shall be eligible to be considered for Massachusetts residency for tuition purposes, provided that the person meets the same requirements for establishing residency in Massachusetts as are required of a United States citizen.  All non-citizens shall provide appropriate documentation to verify their status with the United States Immigration and Naturalization Service.”
SECTION 154D. (a) Notwithstanding and general or special law to the contrary, an applicant for the MassGrant program administered by the department of higher education office of grant assistance shall complete the Free Application for Federal Student Aid or other federal student loan program that verifies both financial and citizenship eligibility.
(b) The secretary of education shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department of education from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.’”
SECTION 154E. (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the department of health and human services shall register for the federal Systematic Alien Verification for Entitlements or SAVE system by January 1, 2011, and shall use that system to verify whether applicants whose documentation is not available or is questionable are legal aliens and whether they are qualified aliens for benefit eligibility purposes.  The department shall be exempt from this requirement if it has reported before January 1, 2011, to the senate and house committees on ways and means and the executive office for administration and finance that using the SAVE system would not be cost effective.
(b)  The department of health and human services shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.
SECTION 154F.  (a)(1) Notwithstanding any general or special law to the contrary, the department of housing and economic development shall direct local housing authorities to:
(i)  require an applicant to provide the local housing authority with access to reliable and reasonably obtainable documentation verifying the accuracy of information provided by an applicant on an application form or otherwise necessary at the time of determining final eligibility and qualification; provided, however, that income of applicants shall be verified by the procedure set forth in paragraph (2); provided further, that if the local housing authority has verified any information when making a preliminary determination of eligibility for the applicant, the local housing authority shall reverify that information on its final determination of eligibility and qualification; and provided further, that nonreceipt of requested documentation, without good cause established by the applicant, shall be cause for determining that the applicant is unqualified;
            (ii)  require an applicant to provide the names and current addresses of all landlords or housing providers for the applicant and the applicant’s household members during the 5 years immediately preceding the application to the date of the final determination; provided, however, that if after request the local housing authority has failed to receive a reference from a landlord or a housing provider, it shall notify the applicant of nonreceipt and the local housing authority shall request that the applicant use his best efforts to cause his landlord or housing provider to submit the reference to the local housing authority; provided further, that in the event that the applicant uses his best efforts but is unsuccessful, the applicant shall cooperate with the local housing authority in securing information from other sources relative to the tenancy; and provided further, that nonreceipt of a reference from a landlord or housing provider shall be cause for determining an applicant unqualified unless the applicant can show that he has used best efforts to secure the reference and that he has complied with reasonable requests for cooperation in securing other information;
(iii)  obtain criminal offender record information for each applicant and, if necessary, check public records, credit reports, other sources of public information and other reliable sources; provided, however, that the local housing authority may conduct a home visit, which shall be scheduled reasonably in advance; and provided further, that observations by the person making such a visit shall be promptly reduced to writing and placed in the applicant's file; and
(iv)   obtain information regarding eligibility or qualification from interviews with the applicant and with others from telephone conversations, letters or other documents and from other oral or written materials; provided, however, that all such information received shall be recorded in the applicant's file, including the date of its receipt, the identity of the source and the person receiving the information.
(2) The local housing authority shall assess financial eligibility by reviewing the applicant’s net household income.   In reviewing the applicant’s financial status, the local housing authority shall assess, but shall not be limited to assessing:
(i) the full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services;
(ii) income from the operation of a business or profession by each self-employed household member after deduction for the ordinary and necessary expenses of the business or profession; provided, however, that the deductible expenses of the business or profession shall not exceed 85 per cent of the gross receipts of the business or profession; and provided further, that deductible expenses of the business or profession shall not include rent or utilities paid for the tenant’s unit if the business or profession is located in the tenant’s unit;
(iii) income of any kind from real or personal property, including rent, dividends and interest; provided, however, that amortization of capital indebtedness and depreciation shall not be deducted in computing net income; provided further, that any realization of taxable capital gain on the sale or transfer of an investment or other real or personal property shall be included as income; provided further that if the household has marketable real or personal property with a value to be determined by the department of housing and community development, excluding any automobile used as the primary means of transportation by household members, gross household income shall include the higher of actual income derived from any such property or a percentage of the value of such property; and provided further, that this percentage shall be the current passbook savings rate, as determined from time to time by the United States Department of Housing and Urban Development for federally assisted housing or as otherwise determined by the department of housing and community development;
(iv) periodic payments received from social security, annuities, retirement funds and pensions, individual retirement accounts and other similar types of periodic payments of retirement benefits, excluding nontaxable amounts which constitute return of capital and are specifically identified as such by payer;
(v) payments in lieu of earnings, including unemployment compensation, Supplemental Security Income, and Social Security Disability Income, and benefits in lieu of earnings under disability insurance, health and accident insurance or workers’ compensation; provided, however, that an unallocated lump sum settlement or similar payment, all or partly, on account of lost wages resulting from an injury shall be equitably allocated to reflect a monthly payment on account of lost wages for the period during which the recipient is likely to be disabled from the injury and the recipient shall be deemed to receive such a monthly payment each month during the continuance of his disability until the allocated funds are deemed exhausted; and provided further, that payments from the government which are subsequently reimbursed to the government shall  not be included as income;
(vi) regularly recurring contributions or gifts received from nonhousehold members; provided, however, that to be regularly recurring, a contribution or gift shall occur at least twice a year for at least 2 years;  provided further, that a contribution or gift of a value to be determined by the department of housing and community development, which occurs once a year from year to year for at least 2 years shall also be deemed to be regularly recurring;
(vii) regular payments of public assistance;
(viii) payments received for the support of a minor including, but not limited to,  payments for child support, foster care, social security or public assistance, including payments nominally made to a minor for his support but controlled for his benefit by a household member who is responsible for his support;
(ix) lottery winnings, gambling winnings and similar receipts;
(x) receipts of principal and income from the trustee of a trust and receipts of income from the executor or administrator of an estate or from some other fiduciary;
(xi) alimony or payment for separate support;
(xii) gifts which are not regularly recurring;
(xiii) amounts, including lump sums, specifically received for the cost of medical care or which are made to compensate for personal injury or damage to or loss of property under health, accident or liability insurance, workers’ compensation, judgments or settlements of claims, insofar as these payments do not compensate for loss of income for a period when the recipient was or would be a tenant;
(xiv) amounts of educational scholarships or stipends for housing paid by a nonhousehold member for a student at an educational institution, including amounts paid for these purposes to part-time students, whether paid directly to the student or to the educational institution, and amounts paid by the United States Government to a veteran for use in paying tuition, fees or the cost of books, to the extent that such payments are so used;
(xv) the special pay to a member of the armed forces on account of service in a war zone;
(xvi) relocation payments made pursuant to state or federal law;
(xvii) payments received from the Social Security Administration’s Plan to Attain Self Sufficiency program, provided that the recipient fulfills all the program requirements;
(xviii) the value of food stamps;
(xix) payments received by participants or volunteers in programs pursuant to the Domestic Volunteer Service Act of 1973;
(xx) the increased amount of income earned from employment by a household member if the increase in earned income would otherwise result in a rent increase unless: (A) the household’s income has been derived, at least in part, from Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or a successor program for each of the previous 12 months; (B) the household’s increased earned income has been accompanied by a decrease in the amount of Transitional Aid to Families with Dependent Children, Emergency Assistance to the Elderly, Disabled and Children Program, Supplemental Security Income, Social Security Disability Income or public assistance from a successor program; or (C) if at the commencement of this exclusion, the recipient of such public assistance would have remained eligible for such assistance if the income had not been earned; provided, however, that this earned income exclusion shall be in effect for a continuous 12-month period, regardless of any changes or gaps in employment during that period; provided further, that this exclusion may be exercised by the tenant when a household member has procured either full-time or part-time employment; and provided further, it shall be within the tenant’s sole discretion whether or when to exercise this 1-time earned income exclusion;
(xxi) payments for a household member for participation in an employment program operated by a bona fide program providing employment training if such program is approved by the department or if sponsored or administered by a government agency to cover costs related to training or employment including, but not limited to, transportation, program fees, books or child care during training; provided, however, that this exclusion shall not apply to wages received through programs for training for employment, such as wages from on-the-job training;
(xxii) wages or salary earned by a full-time student or by an unemancipated minor;
(xxiii) income of a live-in personal care attendant, who is not a family member, who is paid for the fair market value of his services to a household member with a disability and whose income is not available for the needs of any household member: provided, however,  that the personal care attendant  shall be required to substantiate that he receives wages for the fair market value of his services and that such income is not available for the needs of any household member;
(xxiv) inheritances and life insurance proceeds; provided, however, that this exclusion shall not apply to post-death interest paid on inheritances or insurance proceeds;
(xxv) at the discretion of the local housing authority, with respect to an unemployable disabled veteran whose disability occurred in connection with military service, all but an amount to be determined by the department of housing and community development of the annual amount received by such unemployable disabled veteran from the United States government on account of such disability; provided, however, that if the local housing authority excludes all but $1,800 of such amount, no deductions shall be applied against that amount to be determined by the department of housing and community development;
(xxvi) a return of capital upon the sale or transfer of an investment or of other real or personal property;
(xxvii) wages or salary earned by a tenant who is age 62 or older or any other household member who is age 62 or older, but this amount shall not exceed the total amount earned by a person working 20 hours per week at the minimum wage specified in section 1 of chapter  151; and
(xxviii) net household income  which shall be not less than zero and which shall be calculated by the gross household income less the following deductions: (A) an amount to be determined by the department of housing and community development for a household living in family housing in which the tenant is an elderly person of low income or a handicapped person of low income if the household is not overhoused, as defined in 760 CMR 6.03; (B) an amount to be determined by the department of housing and community development for each unemancipated minor household member under age 18; (C) an amount to be determined by the department of housing and community development for each adult household member, other than the tenant; provided, however that this deduction shall be limited by the amount by which the gross income of such adult household member exceeds all other deductions claimed against his income; (D) a deduction for heat in the amount prescribed by the department’s schedule of heat deductions; provided, however, that this deduction shall be available only to a household that separately pays for the cost of heat; (E) payments for necessary medical expenses, including copayment amounts which are not covered by insurance or otherwise reimbursed; provided, however, that such expenses shall be in excess of 3 per cent of the annual gross household income and are paid by household members; and provided further, that payments for medical health insurance shall be considered medical expenses; (F) payments for the care of a child of a sick or incapacitated household member provided that the local housing authority shall have determined the payments to be necessary for the employment of another household member who would otherwise have provided such care; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vii) and (viii) for this household member who makes the payment shall not exceed his gross income; (G) child support, separate support or alimony paid under court order or court approved agreement by a household member for the support of a minor child, spouse or former spouse not residing in the household; provided, however, that the total amount deducted for this deduction and the deductions in clauses (vi) and (viii) for this household member shall not exceed his gross income; (H) nonreimbursable payments of tuition and fees of vocationally-related post-secondary education of a household member who is not a full-time student; provided, however, that the amount deducted for this deduction and the deductions in clauses (vi) and (vii) for this household member shall not exceed his gross income; (I) nonreimbursable payments for reasonable and necessary housekeeping or personal care services for a household member with a disability who, as a result of his disability, is physically unable to perform the housekeeping or personal care services if no household member is reasonably available to perform these services; and (J) travel expenses in excess of the cost of the least expensive available transportation for a household member with a disability who, as a result of his disability, is physically unable to use the least expensive available transportation and who uses the least expensive transportation practical for him in connection with necessary activities, provided that the necessary activities cannot reasonably be performed by another household member.
(b) The secretary of housing and economic development shall report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the department from those who received assistance fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”; and
SECTION 154G.  Notwithstanding any general or special law to the contrary and to prevent fraud and misuse of unemployment benefits, the division of unemployment assistance shall:
(1)        maintain interagency agreements with the United States Social Security Administration to verify all claimant’s demographics and the United States Department of Homeland Security Citizenship and Immigration Service to verify a noncitizen claimant’s work authorization;
(2)        determine citizenship during new claim filings;
(3)        require noncitizen claimants to provide their alien registration number; provided, however, that the department of unemployment assistance shall verify that claimant information and alien registration number with the United States Department of Homeland Security Citizenship and Immigration Service;
(4)        require noncitizen claimants who cannot provide an alien registration number during the new claim process to send copies of any official documents they have that authorize them to work in the United States to the unemployment insurance program integrity department;
(5)        issue no payment after the first payment until the claim has been verified by the secondary verification process and the issue is approved for a claim from a monetarily eligible noncitizen that could not be verified by the above processes;
(6)        institute a secondary verification process, using unemployment insurance program integrity department staff to review the documents and transmit pertinent information from the documents for verification with the Department of Homeland Security Citizenship and Immigration Service;
(7)        flag expiration dates of work authorizations or in the unemployment insurance system if such dates exist; and
(8)        report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently as well as the numbers of recipients who were issued partial or lifetime disqualifications.
SECTION 154H.   Notwithstanding any general or special law to the contrary and to prevent fraud and misuse of public assistance benefits, the department of transitional assistance shall:
(1)  consistent with federal and state law, require all applicants for benefits to provide verification of citizenship or their legal alien status; provided, however, that noncitizens shall be required to provide documentation from the United States Department of Homeland Security Citizenship and Immigration Services for verification purposes; provided further, that if such documentation is not available or is questionable, the department shall use the federal SAVE system to verify their legal alien status and determine whether they are qualified aliens for benefit eligibility purposes;
(2)  implement data matching with the department of revenue, the department of children and families, the division of unemployment assistance and any other relevant agencies to verify financial and categorical eligibility criteria; 
(3)  cooperate fully with the food and nutrition service of the United States Department of Agriculture in pursuing and prosecuting vendor fraud;
(4)  refer all credible reports of fraud received from its fraud hotline or any other source to the bureau of special investigations for investigation;
(5)  pursue, to the fullest extent possible, administrative disqualification penalties for instances of Supplemental Nutrition Assistance Program and cash assistance fraud; and
(6)  report annually to the senate and house committees on ways and means and the executive office for administration and finance the amount of money recovered by the division from those who received benefits fraudulently and the number of recipients who were issued partial or lifetime disqualifications.”
SECTION 154I. The state auditor shall conduct a study of the costs to the commonwealth of implementing amendment 52 as originally drafted and any new cost savings likely to accrue to the commonwealth as a result of that implementation.  The study shall include, but not be limited to, consideration of the impact of similar legislation in Colorado and the 2007 adoption of additional status verification requirements in the commonwealth for Medicaid services, as well as a distributional analysis showing the impact of implementation on taxpayers of varying income levels.  A report on the results of study shall be submitted to the house and senate committees on ways and means not later than December 31, 2010..”; and
by inserting after section 55 the following section:-

GOV 173

WITHDRAWN

ADOPTED
GOV 174

GUBERNATORIAL PERSONNEL COST SAVINGS

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. Notwithstanding any general or special law to the contrary, the Governor shall, through the Secretary of Administration and Finance, develop a report detailing all action undertaken by the Executive Branch in Fiscal Year 2010, and those planned to be undertaken in Fiscal Year 2011, to reduce the costs of employee compensation. Said report shall also include an itemization of any and all stuffing reductions, furlough and salary wage reductions in addition to any salary and wage increases and any increases in staffing levels from 2009 to 2010 to those projected for 2011.

Said report shall be filed with the clerks of the House and Senate and the House and Senate Committees on Ways and Means and posted electronically on the official website of the Commonwealth not later than three months following the passage of this act”.

GOV 175

WITHDRAWN

GOV 176

PERAC REFORM

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following several sections:-

SECTION 1. [A6]    Subdivision (2) of Section 23 of Chapter 32 of the General Laws is hereby amended by striking out sub–paragraph (b) and inserting in place thereof the following: -

(b) The board of each system shall invest and reinvest the funds of such system in the PRIT Fund pursuant to subdivision (8) of section twenty two, in the PRIT Fund by purchasing shares of said fund, as provided for in the trust agreement adopted by the PRIM Board pursuant to subdivision (2A) or as follows:-

(i) in accordance with the standards set forth in subdivision (3), provided that: -

(A) no investment of funds shall be made in stocks, securities or other obligations of any company which derives more than 15 per cent of its revenues from the sale of tobacco products.

(B) in investing such funds the board shall employ an investment manager or investment managers who shall invest the funds of the system.

(C) no funds shall be invested directly in mortgages or collateral loans.

No investment of funds shall take place until board has received from the commission an acknowledgement of receipt of the following:-

(a) certification that, in making the selection, the board has complied with the process established in section 23A;

(b) a copy of the vendor certification required under section 23A;

(c ) copies of disclosure forms submitted by the selected vendor;

(d) a certification that the investment is not a prohibited investment as set forth in regulations of the commission;

(e) in the event that the board has retained a consultant, a copy of the consultant reports pertaining to the investment and the selected vendor;

(f) a  copy of the board certification required under section 23A.

The commission may withhold the acknowledgement if it determines that it is in the best interest of the retirement system provided, however, that it must so notify the board within ten days of receipt of completed documents as required by this section.

Prior to the retention of an investment consultant the board must receive from the commission an acknowledgement of receipt of the following:-

(a) certification that, in making the selection, the board has complied with the process established in section 23A;
(b) copy of the vendor certification required under section 23A;
(c ) copies of disclosure forms submitted by the selected consultant;
(d) copy of the board certification required under section 23A.

SECTION 2.   Section 50 of Chapter 7 of the General Laws as appearing in the 2004 Official Edition is hereby amended by striking out lines 68 through 69 inclusive.

SECTION 3.  Clause 19 of paragraph (b) of Section (1) of Chapter 30B of the General Laws is hereby amended by adding the following:-

provided, however, that such procurements shall take place in accordance with the provisions of section 23A of chapter 32.

SECTION 4. Chapter 32 of the General Laws is hereby amended by adding the following section: -

Section 21A.  As used in this section the following words shall, unless the context requires otherwise, have the following meanings: -

"Affiliates'', entities which are affiliates of each other when either directly or indirectly one concern or individual controls or has the power to control another, or when a third party controls or has the power to control both.

"Commission'', the Public Employee Retirement Administration Commission.

"Contract'', a contract for the furnishing of supplies or services to any retirement board.

"Debarment'', an exclusion from contracting or subcontracting with a retirement board for a reasonable, specified period of time commensurate with the seriousness of the offense.

"Person'', any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals.

"Retirement board”, a board established pursuant to the provisions of chapter 32, the provisions of chapter 34B or the Massachusetts water resources authority retirement board, excluding the pension reserves investment management board.

"Suspension'', the temporary disqualification of a vendor who is suspected upon adequate evidence of engaging or having engaged in conduct which constitutes grounds for debarment.

"Vendor'', any person that has furnished or seeks to furnish supplies or services under a contract with a retirement board.

(a) The Commission shall establish and maintain a consolidated list of vendors to whom contracts shall not be awarded and from whom offers, bids, or proposals shall not be solicited.  The list shall show at a minimum the following information:

(1) the names of those persons debarred or suspended in alphabetical order with appropriate cross reference where more than one name is involved in a single debarment or suspension;

(2) the basis of authority for each debarment or suspension;

(3) the extent of restrictions imposed;

(4) the termination date of each debarment or suspension; and

(5) in the case of a suspension, the hearing date, if and when set, for debarment proceedings.

The commission shall cause the list to be kept current by the issuance of notices of additions and deletions. The list shall be published on a periodic basis, together with notices of additions and deletions therefrom, in the goods and services bulletin and the central register published by the state secretary and in such other publications as the commission shall designate. The commission shall also forward said list to the inspector general, the attorney general, and the state auditor.

(b) Debarment may be imposed for the following causes:

(1) conviction or final adjudication by a court or administrative agency of competent jurisdiction of any of the following offenses:

(i) a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

(ii) a criminal offense involving embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property or any other offense indicating a lack of business integrity or business honesty which seriously and directly affects the vendor's present responsibility as a public contractor;

(iii) a violation of state or federal antitrust laws arising out of the submission of bids or proposals;

(iv) a violation of chapter two hundred and sixty-eight A;

(v) a violation of chapter thirty – two-.

(2) substantial evidence, as determined by the commission, of any of the following acts:

(i) willfully supplying materially false information incident to obtaining or attempting to obtain or performing any public contract or subcontract;

(ii) willful failure to comply with record-keeping and accounting requirements prescribed by law or regulation;

(iii) a record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more public contracts, provided that such failure to perform or unsatisfactory performance has occurred within a reasonable period of time preceding the determination to debar and provided further that such failure to perform or unsatisfactory performance was not caused by factors beyond the vendor’s control;

(iv) the submission to the board or the commission of an inaccurate disclosure statement

(v); the failure to disclose to the board and the commission any compensation provided to any person in regards to attempting to obtain or the performance of a public contract or subcontract, including, but not limited to, compensation provided by third parties retained by the vendor to any other person;

(vi) any other cause affecting the responsibility of a vendor which the commission determines to be of such a serious and compelling nature as to warrant debarment.

(c) No vendor may be suspended unless the commission has first informed the vendor by written notice of the proposed suspension mailed by registered or certified mail to the vendor's last known address, except when the commission determines that immediate suspension is necessary to prevent serious harm to the retirement system, in which case the suspension shall take effect immediately upon signing by the executive director of an order of suspension, and notice shall be mailed to the vendor at the earliest opportunity. The notice shall inform the vendor of the reasons for the proposed suspension and shall state that the vendor may within fourteen days respond in writing and may in such response request a hearing. The commission may extend the period for response at the request of the vendor. The commission shall determine whether to impose the suspension or, in the case of an emergency suspension imposed prior to notice to the vendor, whether to continue the suspension after reviewing the vendor's response, if any, and making such investigation as the commission determines is necessary and appropriate. An indictment, or any information or other filing by a public agency charging a criminal offense, for any of the offenses listed in paragraph (1) of subsection (c) shall constitute adequate evidence to support a suspension.

If the vendor requests a hearing, and the suspension is not based on an indictment, the commission shall conduct a hearing according to the rules for the conduct of adjudicatory hearings established by the secretary of administration pursuant to chapter thirty A. Such hearing shall be initiated within thirty days of the imposition of the suspension, unless the vendor requests that the hearing be delayed. Officers and employees of the commission and records of the commission shall not be subject to subpoena for such hearing, if in the opinion of the commission production of records or testimony would prejudice any pending investigation by the commission.

A suspension shall not exceed twelve months unless a pending administrative or judicial proceeding in which the vendor is a party may result in a conviction or final adjudication of an offense listed in paragraph (1) of subsection (c).

(d) No vendor may be debarred under this section unless the commission has first informed the vendor by written notice of the proposed debarment mailed by registered or certified mail to the vendor's last known address. The notice shall inform the vendor of the reasons for the debarment and shall state that the vendor will be accorded an opportunity for a hearing if the vendor so requests within fourteen days of receipt of the notice. A hearing requested under this paragraph shall be conducted by the commission within sixty days of receipt of the request, unless the commission grants additional time therefore at the request of the vendor. The hearing shall be conducted according to the rules for the conduct of adjudicatory hearings established by the commissioner of administration pursuant to chapter thirty A. A debarment shall not be imposed until (i) fourteen days after receipt by the vendor of notice of the proposed debarment if no hearing is requested, or (ii) the issuance of a written decision by the commission which makes specific findings that there is sufficient evidence to support the debarment and that debarment for the period specified in the decision is required to protect the integrity of the public contracting process. A vendor shall be notified forthwith of the decision by registered or certified mail, and of the vendor's right to judicial review in the event that the decision is adverse to the vendor. If a suspension precedes a debarment, the suspension period shall be considered in determining the debarment period.

(e) A debarment or suspension may include all known affiliates of a vendor. The decision to include a known affiliate within the scope of a debarment or suspension shall be made on a case-by-case basis, after giving due regard to all relevant facts and circumstances. The offense or act of an individual justifying suspension, or the evidence justifying a suspension, may be imputed to the entity with which the individual is connected when such offense or act occurred in connection with the individual's performance of duties for or on behalf of the entity or with the knowledge, approval, or acquiescence of the entity or one or more of its principals. The entity's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval, or acquiescence. The offense or act of an entity justifying debarment, or the evidence justifying a suspension, may be imputed to any officer, director, shareholder, partner, employee or other individual associated with the entity who participated in, knew of, or had reason to know of the entity's act. An entity may not be suspended or debarred except in accordance with the procedures set forth in this section.

(f) In determining whether to debar a vendor, or the period of a debarment, all mitigating facts and circumstances shall be taken into consideration. A debarment may be removed or the period thereof may be reduced by the commission upon the submission of an application supported by documentary evidence setting forth appropriate grounds for the granting of relief, such as newly discovered material evidence, reversal of a judgment or conviction, bona fide change of ownership or management, or the elimination of the cause for which the debarment was imposed.

(g) During the period for which a person has been debarred or suspended, that person shall not submit or cause to be submitted offers, bids, or proposals to any retirement board, nor shall any retirement board solicit or consider offers, bids, or proposals from, nor execute, renew, or extend any contract with, a debarred or suspended vendor, and a vendor shall not contract for services from a debarred or suspended subcontractor on any contract with a retirement system.

SECTION 5.   Subdivision (3) of Section 23 of Chapter 32 of the General Laws is hereby amended by adding the following:

Each member of a retirement board established pursuant to the provisions of this chapter shall upon the commencement of their term file with the commission a statement acknowledging that they are aware of and will comply with the standards set forth in chapter 268A of the general laws, the provisions of this chapter and the provisions of regulations promulgated pursuant to this chapter.

SECTION 6.   Chapter 32 of the General Laws is hereby amended by adding the following section:-

Section 20C.  (a) Every member of a retirement board shall file a statement of financial interests for the preceding calendar year with the commission within thirty days after becoming a member of a retirement board, on or before May first of each year thereafter that such person is a member of a retirement board and on or before May first of the year after such person ceases to be a member of a retirement board;

(b) The commission shall, upon receipt of a statement of financial interests pursuant to the provisions of this section, issue to the person filing such statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of such statement.

(c) No member of a retirement board shall be allowed to continue in his duties unless he has filed a statement of financial interests with the commission as required by this section.

(d) The statement of financial interests filed pursuant to the provisions of this section shall be on a form prescribed by the commission and shall be signed under penalty of perjury by the reporting person.

(e) Reporting persons shall disclose, to the best of their knowledge, the following information for the preceding calendar year, or as of the last day of said year with respect to the information required by clauses (2), (3) and (6) below; such persons shall also disclose the same information with respect to their immediate family provided, however, that no amount need be given for such information with regard to the reporting person's immediate family:

(1) the name and address of, the nature of association with, the share of equity in, if applicable, of each business with which he is associated;

(2) the identity of all securities and other investments with a fair market value of greater than one thousand dollars which were beneficially owned, not otherwise reportable hereunder;

(3) the name and address of each creditor to whom more than one thousand dollars was owed; provided, however, that obligations arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of business, and any obligation to make alimony or support payments, shall not be reported; and provided, further, that such information need not be reported if the creditor is a relative of the reporting person within the third degree of consanguinity or affinity;

(4) the name and address of the source, and the cash value of any reimbursement for expenses aggregating more than one hundred dollars in the calendar year if the recipient is a member of a retirement board and the source of such reimbursement is a person having a direct interest in a matter before the retirement board of which the recipient is a member;

(5) the name and address of the donor, and the fair market value, if determinable, of any gifts aggregating more than one hundred dollars in the calendar year, if the recipient is a member of a retirement board and the source of such gift(s) is a person(s) having a direct interest in a matter before the retirement board of which the recipient is a member;

(6) the name and address of the source, and the fair market value, of any honoraria aggregating more than one hundred dollars if the recipient is a member of a retirement board and the source of such honoraria is a person having a direct interest in a matter before a retirement board;

(7) the name and address of any creditor who has forgiven an indebtedness of over one thousand dollars, and the amount forgiven if the creditor is a person having a direct interest in a matter before a retirement board; provided, however, that no such information need be reported if the creditor is a relative within the third degree of consanguinity or affinity of the reporting person, or the spouse of such a relative; and ,

(8)the name and address of any business from which the reporting person is taking a leave of absence;

Nothing in this section shall be construed to require the disclosure of information, which is privileged by law.

Failure of a reporting person to file a statement of financial interests within thirty days after receiving notice in writing from the Commission which states in detail the deficiency and the penalties for failure to file a statement of financial interests, or the filing of an incomplete statement of financial interests after receipt of such a notice shall result in the removal of the reporting person from the board and he or she shall not be permitted to serve on any retirement board established pursuant to the provisions of this chapter, provided, however, that, in the event that the reporting person has filed an incomplete statement of financial interests said removal shall be stayed upon the filing of an appeal under sub-division (4) of section 16.  In the event the non-complying member is an ex-officio member his or her appointing authority shall appoint a different individual to serve on the board or in the event that said member is directly elected by the people a different individual shall be appointed to serve on the board by the Mayor, County Commissioners or Board of Selectman as the case may be.

SECTION 7.   Clause 26th of Section 7 of Chapter 4 of the General Laws is hereby amended by adding the following sub-clause:-

(q) statements filed pursuant to Section 20C of Chapter 32.

SECTION 8.    Section 20 of Chapter 32 of the General Laws is hereby amended by adding the following paragraph:-

(4 7/8 C)  No employee, contractor, vendor or any person receiving any remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from any person doing business with a retirement board shall be eligible to serve on a retirement board provided, however, that an employee of a retirement board may serve on a retirement board other than the retirement board by which he or she is employed and provided, further, that the provisions of this paragraph shall apply only to individuals who first become members of a retirement board on or after January 1, 2010.

SECTION 9. Paragraph (b) of Section 19 of Chapter 34B of the General Laws is hereby amended in line 14 by inserting the following after the word “32”:-

Provided that no employee, contractor, vendor or person receiving any remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from any person doing business with a retirement board shall be eligible to serve on a retirement board provided, however, that an employee of a retirement board may serve on a retirement board other than the retirement board by which he or she is employed and provided, further, that the provisions of this paragraph shall apply only to individuals who first become members of a retirement board on or after January 1, 2010.

SECTION 10. Chapter 32 of the General Laws is hereby amended by adding the following section –

Section 23A (a) This section shall apply to every retirement board contract for the procurement of investment, actuarial, legal and accounting services.

As used in this section the following words shall, unless the context requires otherwise, have the following meanings:-

"Contract'', all types of agreement for the procurement of services, regardless of what the parties may call the agreement.

"Contractor'', a person having a contract with the retirement board.

"Retirement board”, a board established under the provisions of this chapter, the provisions of chapter thirty – four B or the massachusetts water resources

authority retirement board excluding the pension reserves investment management board.

"Majority vote'', as to any action by or on behalf of a retirement board, a simple majority of the board.

"Minor informalities'', minor deviations, insignificant mistakes, and matters of form rather than substance of the proposal, or contract document which can be waived or corrected without prejudice to other offerors, potential offerors, or the retirement board.

"Person'', any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals.

"Procurement'', acquiring a service, and all functions that pertain to the obtaining of a service, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

“Procurement officer”, an individual duly authorized by the retirement board to assist in a procurement.

"Proposal'', a written offer to provide a service at a stated price submitted in response to a request for proposals.

"Purchase description'', the words used in a solicitation to describe the services to be purchased, including specifications attached to or incorporated by reference into the solicitation.

"Request for proposals'', the documents utilized for soliciting proposals, including documents attached or incorporated by reference.

"Responsible bidder or offeror'', a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance.

"Responsive bidder or offeror'', a person who has submitted a bid or proposal which conforms in all respects to the request for proposals.

"Services'', the furnishing of labor, time, or effort by a contractor, not involving the furnishing of a specific end product other than reports. This term shall not include employment agreements, collective bargaining agreements, or grant agreements.

(1) A retirement board shall enter into procurement contracts for investment, actuarial, legal and accounting services utilizing competitive sealed proposals, in accordance with the provisions of this section.

(2) A retirement board that awards a contract shall maintain a file on each such contract and shall include in such file a copy of all written documents required by this section. Written documents required by this section shall be retained by the retirement board for at least six years from the date of final payment under the contract.

(a) The retirement board or its procurement officer shall give public notice of the request for proposals and a reasonable time prior to the date for the opening of proposals. The notice shall:

(1) indicate where, when and for how long the request for proposal may be obtained;

(2) describe the service desired, and reserve the right of the retirement board to reject any or all bids;

(3) remain posted, for at least two weeks, in a conspicuous place in or near the offices of the retirement board until the time specified in the request for proposals; and

(4) be published at least once, not less than two weeks prior to the time specified for the receipt of proposals, in a newspaper of general circulation within the area served by the retirement board and in the case of a procurement for investment, accounting, actuarial or legal services in a publication of interest to those engaged in providing such services.

The retirement board or its procurement officer shall also place the notice in any publication established by the state secretary for the advertisement of such procurements.

The retirement board or its procurement officer may distribute copies of the notice to prospective bidders, and may compile and maintain lists of prospective bidders to which notices may be sent.

(b) The retirement board shall unconditionally accept a proposal without alteration or correction, except as provided in this paragraph. A bidder may correct, modify, or withdraw a proposal by written notice received in the office designated in the request for proposals prior to the time and date set for the proposal opening. After proposal opening, a bidder may not change the price or any other provision of the proposal in a manner prejudicial to the interests of the retirement board or fair competition. The retirement board shall waive minor informalities or allow the bidder to correct them. If a mistake and the intended proposal are clearly evident on the face of the proposal document, the procurement officer shall correct the mistake to reflect the intended correct proposal and so notify the bidder in writing, and the bidder may not withdraw the proposal. A bidder may withdraw a proposal if a mistake is clearly evident on the face of the proposal document but the intended correct proposal is not similarly evident.

(c) The retirement board shall solicit proposals through a request for proposals. The request for proposals shall include:

(1) the time and date for receipt of proposals, the address of the office to which the proposals are to be delivered, the maximum time for proposal acceptance by the retirement board;

(2) the purchase description and all evaluation criteria that will be utilized pursuant to paragraph (d); and

(3) all contractual terms and conditions applicable to the procurement provided that the contract may incorporate by reference a plan submitted by the selected offeror for providing the required services.

The request for proposals may incorporate documents by reference; provided, however, that the request for proposals specifies where prospective offerors may obtain the documents. The retirement board or its procurement officer shall make copies of the request for proposals available to all persons on an equal basis.

(d) The retirement board or its procurement officer shall not open the proposals publicly, but shall open them in the presence of one or more witnesses at the time specified in the request for proposals. Notwithstanding the provisions of section seven of chapter four, until the completion of the evaluations, or until the time for acceptance specified in the request for proposals, whichever occurs earlier, the contents of the proposals shall remain confidential and shall not be disclosed to competing offerors. At the opening of proposals the retirement board or its procurement officer shall prepare a register of proposals which shall include the name of each offeror and the number of modifications, if any, received. The register of proposals shall be open for public inspection.

(e) The retirement board or its consultant retained pursuant to the provisions of this chapter shall be responsible for the initial evaluation of the proposals. The retirement board or its consultant retained pursuant to the provisions of this chapter shall prepare their initial evaluations based solely on the criteria set forth in the request for proposals. The evaluations shall specify in writing:

(1) for each evaluation criterion, a rating of each proposal as highly advantageous, advantageous, not advantageous, or unacceptable, and the reasons for the rating;

(2) a composite rating for each proposal, and the reasons for the rating; and

(3) revisions, if any, to each proposed plan for providing the required services which should be obtained by negotiation prior to awarding the contract to the offeror of the proposal.

In the event the initial evaluation is conducted by a consultant retained pursuant to the provisions of this chapter said consultant shall review all initial evaluations with the retirement board and provide to each member of the retirement board the initial evaluation of each proposal.

(f) The retirement board shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The retirement board shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The parties may extend the time for acceptance by mutual agreement. The retirement board may condition an award on successful negotiation of the revisions specified in the evaluation, and shall explain in writing the reasons for omitting any such revision from a plan incorporated by reference in the contract.

(g)(1) In the event of a competitive process to select an investment service provider the request for proposals shall include mandatory contractual terms and conditions to be incorporated into the contract including provisions stating that the contractor is a fiduciary with respect to the funds which the contractor invests on behalf of the retirement board, provisions stating that the contractor shall not be indemnified by the retirement board, provisions requiring the contractor to annually inform the commission and the board of any arrangements in oral or in writing, for compensation or other benefit received or expected to be received by the contractor or a related person from others in connection with the contractors services to the retirement board or any other client, provisions requiring the contractor to annually disclose to the commission and the retirement board any compensation, in whatever form, paid or expected to be paid, directly or indirectly, by the contractor or a related person to others in relation to the contractors services to the retirement board or any other client, and provisions requiring the contractor to annually disclose to the commission and the retirement board in writing any conflict of interest the contractor may have that could reasonably be expected to impair the contactor’s ability to render unbiased and objective services to the retirement board.  Other mandatory contractual terms and conditions shall address investment objectives, brokerage practices, proxy voting and tender offer exercise procedures, terms of employment and termination provisions.  The retirement board shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals. The retirement board or its duly designated agent, subject to the approval of the retirement board, may negotiate all terms of the contract not deemed mandatory or non-negotiable with such offeror. If, after negotiation with such offeror, the retirement board in consultation with its duly designated agent and its consultant retained pursuant to the provisions of this chapter determines that it is in the best interests of the retirement board, the retirement board in consultation with its consultant retained pursuant to the provisions of this chapter may determine the proposal which is the next most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria set forth in the request for proposals, and may negotiate all terms of the contract with such offeror. The retirement board shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, the evaluated criteria set forth in the request for proposals, and the terms of the negotiated contract. The retirement board shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. The time for acceptance may be extended for up to 45 days by mutual agreement between the retirement board and the responsible and responsive offeror offering the most advantageous proposal as determined by the retirement board.

On or before January 1 of each year the contractor shall file the disclosures required herein with the board and the commission.  Failure to file disclosures or the filing of inaccurate disclosures shall subject the contractor to proceedings under section 21A.

(2) The retirement board may cancel a request for proposals or may reject in whole or in part any and all proposals when the retirement board determines that cancellation or rejection serves the best interests of the system. The retirement board shall state in writing the reason for a cancellation or rejection.

(3) A person submitting a proposal for the procurement or disposal of services to any retirement board shall certify in writing on the proposal as follows:

The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ""person'' shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

___________________________________________________

(Signature of individual submitting bid or proposal)

___________________________________________________

(Name of business)

(4) Each retirement board member shall certify to the commission in writing with respect to a procurement subject to the provisions of this section, as follows:

The undersigned certifies under penalties of perjury that, to the best of his/her knowledge and belief, this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word ""person'' shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

____________________________________________________

(Signature of individual retirement board member)

____________________________________________________

(Name of retirement board)

(5) No person shall cause or conspire to cause the splitting or division of any request for proposals, proposal, solicitation, or quotation for the purpose of evading a requirement of this section.

(6) Unless otherwise provided by law and subject to paragraph (a), a retirement board may enter into a contract for any period of time which serves the best interests of the retirement board; provided, however, that the retirement board shall include in the solicitation the term of the contract and conditions of renewal, extension or purchase, if any.

(a) A retirement board shall not award a contract for a term exceeding five years, including any renewal, extension, or option provided, however, that a retirement board may participate in a limited partnership, trust or other entity with a term for a period longer than five years as part of an investment of system assets.

When a contract is to contain an option for renewal, extension, or purchase, the solicitation shall include notice of the provision. The retirement board shall retain sole discretion in exercising the option, and no exercise of an option shall be subject to agreement or acceptance by the contractor.

(b) The retirement board shall not exercise an option for renewal, extension or purchase unless the retirement board, after reasonable investigation of costs and benefits, has determined in writing that the exercise of the option is more advantageous than alternate means of procuring comparable services.

(7) All specifications shall be written in a manner which describes the requirements to be met without having the effect of exclusively requiring a proprietary service, or a procurement from a sole source.

(8) All contracts shall be in writing, and the retirement board shall make no payment for a service rendered prior to the execution of such contract.

(a) A contract made in violation of this section shall not be valid, and the retirement board shall make no payment under such contract. Minor informalities shall not require invalidation of a contract.

(b) A person who causes or conspires with another to cause a contract to be solicited or awarded in violation of a provision of this section shall forfeit and pay to the appropriate retirement board a sum of not more than two thousand dollars for each violation. In addition, the person shall pay double the amount of damages sustained by the retirement board by reason of the violation, together with the costs of any action. If more than one person participates in the violation, the damages and costs may be apportioned among them.

(c) The commission or the retirement board shall have authority to institute a civil action to enforce paragraph (b).

SECTION 11.    Paragraph (a) of subdivision (6) of Section 20 of Chapter 32 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out lines 842 through 845 inclusive and inserting in place thereof the following: -

(a) The elected and appointed members of any city, town, county, regional, district, or authority retirement board upon acceptance of the appropriate legislative body shall receive a stipend provided, however, that said stipend shall not be less than three thousand dollars per annum nor exceed seven thousand five hundred dollars per annum; provided further,

SECTION 12.    Said subdivision, as so appearing, is hereby further amended in line 853 by striking out the words “three thousand” and inserting in place thereof the word “seven thousand five hundred”.

SECTION 13.   Section 20 of Chapter 32 of the General Laws is hereby amended by adding the following sub-division:-

(7)  During each full term of service retirement board members shall be required to undertake eighteen hours of training provided, however, that no less than three hours take place each year and no more than nine hours take place in any single year.

Such training shall consist of nine hours sponsored by the commission which shall include, at a minimum, the topics of fiduciary responsibility, ethical conduct, and conflict-of-interest, and nine hours of training on topics prescribed by the commission provided by the Massachusetts Association of Contributory Retirement Systems or other local, state, regional and national organizations recognized by the commission as having expertise in retirement issues of importance to retirement board members or other entities, as the commission may from time to time determine.

The commission shall arrange for at least eighteen sessions during each year for members to complete this requirement.  In addition, the commission shall schedule additional sessions or otherwise make accommodations to insure that members are afforded the maximum opportunity to complete this requirement.

The commission shall provide retirement board with a statement of completion of education form on or before December 31 of each year. The board shall provide the forms to their members. The form shall set forth the training as required by this sub-division the member has undertaken during that year. Board members shall submit the completed form to the commission by January 31 of the year following. The commission shall provide the member with a summary of his or her status regarding the completion of this requirement by February 1 of each year.

Failure to successfully complete the requirements of this sub-division shall prohibit a board member from serving beyond the conclusion of the term in which the failure took place.  In the event the non-complying member is an ex officio member or a second member of a board the appointing authority for the second member shall appoint a different individual to serve on the board, provided, however, that in the case of the replacement of an ex officio member the individual be experienced in the field of finance or auditing and provided, further, that in regional retirement systems non-complying members shall be replaced in the same manner as is set forth for the selection of said members.

Each retirement board shall notify all prospective board members and board members of the requirement to complete education requirements at the time of receiving information about seeking election to a retirement board, or prior to being appointed to a retirement board.

The commission shall annually notify board members of the requirement to complete continuing education.

The requirements established by this sub-division shall become effective for calendar year 2010.

SECTION 14.    Section 7 of Chapter 150E is hereby amended by adding the following new subsection (e):

Any employer entering into a collective bargaining agreement with an employee organization must provide a copy of said agreement to the retirement board to which the employees covered by the agreement are members. All retirement systems must maintain files of all active collective bargaining agreements which cover the systems members. The retirement board shall review collective bargaining agreements for compliance with the provisions of chapter 32.

SECTION 15. Section 21 of Chapter 32 is hereby amended in line 15 by adding the following new sentence after the word “system”:

Each board shall maintain copies of all collective bargaining agreements which cover the systems members and shall make such agreements available to the commission for review at such time as the commission shall specify.

SECTION 16.   Section 19 of chapter 34B is hereby amended in the first paragraph by inserting after the phrase “transfer date” the following phrase: “; provided, that the provisions of this section, unless otherwise explicitly noted, shall not apply to Essex County or any entity managing the contributory retirement system formerly administered by Essex County.”

SECTION 17. Chapter 34B is hereby amended by inserting after Section 19 the following section:-

“Section 19A. Essex County regional retirement system; board; members

Section 1. Notwithstanding the provisions of chapter 32 or any general or special law to the contrary, the retirement system of Essex County, as abolished pursuant to chapter 151 of the acts of 1996, shall continue pursuant to this section and shall be managed by the retirement board as provided in this section.

(a) The contributory retirement system for Essex County, operating under the terms of sections 1 to 28, inclusive, of chapter 32, shall be known as the Essex regional retirement system, and all business shall be transacted under this name.

(b) The contributory retirement system of Essex County, as defined in section 19(a) of Chapter 34B, shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. Said board shall consist of five members as follows:

(1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex County Retirement System for a three year term. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns, units or districts belonging to the Essex County Retirement System. The member town, unit or district weighted vote will be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. For the purposes of this section, “chief executive or chief administrative officer” shall mean, in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator, in which case “chief executive or chief administrative officer” shall mean the chairman of the board of selectmen; in the case of a school district, the superintendent; in the case of a water district, the superintendent; in the case of a veterans’ services entity, the director; in the case of a housing authority, the executive director; in the case of a regional vocational institute, the superintendent; in the case of a mosquito control district, the superintendent; and in the case of a regional retirement board, the chief executive officer; provided, that in the case of the essex regional retirement board, the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. If the first member is not chosen by the other four members within 30 days of the expiration of his term, or of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of said council, properly posted, and specifically called for such election pursuant to paragraph (g), and shall serve for a term of three-years.

(3) A third and fourth member, hereinafter referred to as the elected members, shall be elected by the members in or retired from such service of such system from among their number in accordance with paragraph (h) and shall serve for a term of three years.

(4) A fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other four members and shall serve for a term of five years.  If the fifth member is not chosen within 30 days of the expiration of his term, or of any earlier vacancy in his office, the public employee retirement administration commission shall appoint the fifth member.

(5) Upon the expiration of the term of office of any member, or in the event of a vacancy, the member’s successor shall be elected as aforesaid for a term of three years, or for the unexpired portion thereof, as the case may be.

(6) The members of the retirement board shall elect a chairman from among the members.

(c) The members of the Essex Regional Retirement Board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32.

(d) No person shall be both a member of the Essex Regional Retirement Board, or an employee thereof, and registered as a legislative or executive agent, as defined in section 39 of chapter 3 of the general laws. Should a sitting member of the board register as a legislative or executive agent, the member’s seat shall be considered vacant.

(e) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system, provided, however, that all employment contracts shall be subject to review and approval by the commission. All permanent employees of the retirement system shall be members of the retirement system.

(f) The retirement board shall be authorized to purchase or lease property, facilities and equipment and employ any such personnel necessary for the proper administration and transaction of business of the retirement system.

(g) The board of the regional retirement system and the chairman thereof shall respectively be and act as the board and treasurer-custodian of such system with respect to the employees of any town or district who become members of such system as provided for in paragraphs (b) or (c) of subdivision (3), or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members thereof under corresponding provisions of earlier laws. The treasurer or other disbursing officer of any such town or district, as the case may be, shall act as a liaison officer between the employees thereof and the board of such system.

(h) There shall be an Essex regional retirement board advisory council consisting of all the treasurers, elected or appointed, of each town, unit, or district belonging to the prior county retirement system and remaining in the retirement system established by this section. The members of said advisory council shall elect a chairman from among the members; provided, that such election shall happen by weighted vote, which shall be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. Said council shall meet at the call of the chairman, but in no event less than twice in each year. Said council shall supervise and certify the procedures involved in the election of the elected members of the retirement board, as provided in paragraphs (b) and (h). Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall, on or before December 15 in each year, specify by written notice to the council and the board the amounts so required to be paid from the pension fund, the annuity reserve fund, the military service fund, and the administration fund, as provided in subdivision (7) of section 22 of chapter 32.

(i) The regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to any member in or retired from service so requesting and shall require that such nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for such nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least five active or retired members of said retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after investigation, the election board determines that a candidate has filed nomination papers containing less than five signatures as required, the election board shall declare said nomination papers invalid and shall notify the candidate of such determination. If, after investigation, the election board determines that only one candidate has filed the requisite number of signatures, the election board shall declare said candidate to be the elected member of the county retirement board. If, after investigation, the election board determines that more than one candidate has obtained the requisite number of valid signatures, the election board shall notify said candidates of such determination and shall immediately prepare election ballots, and set the date for an election to be held within 40 days.

The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of one candidate, insert the ballot into a ballot envelope, and the ballot envelope into the pre-stamped envelope, seal said pre-stamped envelope and mail said envelope to the election board in care of the county retirement board, within 20 days after they were mailed. Any envelope postmarked later than 20 days after such mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all such candidates to be present at said tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect said envelopes. Any envelope which has been opened prior to said date, or which has not been signed on the rear by the appropriate addressee, shall be invalidated and shall not be used to determine the elected member. The election board shall, assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from said envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid.

The election board shall notify each candidate in writing of the results of said election. All envelopes and ballots received by said election board, including those determined to be invalid, shall be preserved by the election board for two years. The costs incurred by the election board in administering the election shall be paid from the county retirement system administration fund.

(j) The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits, and said board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission shall be borne by said employees and board members and the regional retirement system.

Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to such employees and retirees through the Essex regional retirement system; provided, however, that said system is fully reimbursed, in the case of retirees, for the cost of such benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits.

(k) An employer shall be required to provide a board member under its employ with all necessary leave required for service to such board.

(l) The abolished county’s retirement board and retirement board advisory council shall continue to serve until such time as the members of the new Essex retirement board and the new retirement board advisory council pursuant to this section have been duly elected, selected or appointed, as the case may be.

(m) Any provisions of said chapter 32, including provisions that apply to a county retirement system, that are not inconsistent with the provisions of this chapter shall apply to the Essex regional retirement system.”

SECTION 18.   Section 19 of chapter 34B of the General Laws as appearing in the 2008 Official Edition is hereby amended by striking out paragraph (k).

SECTION 19.  ]  Paragraph (b) of section 19 of chapter 34B, as so appearing, is hereby amended by striking out clause (6).

SECTION 20.    Section 19 of chapter 34B, as so appearing, is hereby amended by striking out Paragraph (d) and inserting in place thereof the following:-

(d) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system, provided, however, that all employment contracts shall be subject to review and approval by the commission.  All permanent employees of the retirement system shall be members of the retirement system.

SECTION 21.  Paragraph (b) of section 19 of chapter 34B, as so appearing, is hereby amended by striking out clause (1) through (4) inclusive and inserting in place thereof the following:-

(1) The first member, who shall serve as chairman, shall be elected by the other four members and shall serve for a term of six years.  If the first member is not chosen by the other four members within 30 days of the expiration of his term, or of any earlier vacancy in his office, the public employee retirement administration commission shall appoint the first member.

(2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of said council, properly posted, and specifically called for such election pursuant to paragraph (g), and shall serve for a term of three-years.

(3) A third and fourth member, hereinafter referred to as the elected members, shall be elected by the members in or retired from such service of such system from among their number in accordance with paragraph (h) and shall serve for a term of 3 years.

(4) A fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other four members and shall serve for a term of five years. If the fifth member is not chosen within 30 days of the expiration of his term, or of any earlier vacancy in his office, the public employee retirement administration commission shall appoint the fifth member.

SECTION 22.    (a) The public employee retirement administration commission, as established by section 49 of chapter 7 of the general laws, shall appoint a receiver to conduct and oversee the functions of the Essex Regional Retirement Board. The receiver shall be a person with expertise relevant to the administration of a retirement system. The commission shall appoint the receiver for a period not to exceed one year; provided, that the commission may, on a date not more than six months but not less than three months prior to the expiration of the receiver’s appointment, extend the receiver’s appointment, effective at the end date of the original appointment, for not more than one year; provided further, that upon such extension, the commission shall notify the joint committee on public service; and provided further, that the commission shall authorize no more than one such extension. The commission may at any time, with or without cause, remove the receiver and appoint a successor, or terminate the receivership. The commission shall determine the salary of the receiver, which salary shall be paid by the board.

(b) The purpose of the receivership shall be to restore sound and prudent management practices to the board. A receiver appointed pursuant to this section shall not take any actions inconsistent with this purpose.

(c) The receiver shall have the following powers:

(1) to appoint, remove, supervise, and direct all employees of the board, to exercise any function or power of any employee, and have control over all personnel matters;

(2) to supervise and direct all members of the board and to exercise any function or power of the board, except as otherwise provided in this act;

(3) to remove, for cause, any member of the board; provided, that before any removal, the receiver shall provide no less than 30 days’ notice to the member; provided further, that a member to whom the receiver provides notice to remove shall have the right to appeal the removal to the commission, who shall promptly hear the appeal and may overrule the receiver if the commission finds that there was no cause for removal. In the event of a removal, the member’s seat shall be vacant, and an election to fill the seat shall be conducted pursuant to the requirements of section 19 of chapter 34B of the general laws; provided, that with respect to the fifth seat on the board, the receiver shall not direct the members to vote for or against any candidate;

(4) to subpoena from the board or system, or from any member or employee of the board, any documents, files, or any other item prepared for the system or board and which the receiver considers useful in conducting the receiver’s duties;

(5) to promulgate rules and regulations governing the operation and administration of the board;

(6) to alter or rescind any action or decision of the board or of its employees within 14 days after receipt of notice of such action or decision;

(7) to otherwise oversee and discharge any other duties, responsibilities, and powers of the board as described in subsection (5) of section 20 of chapter 32 of the general laws; provided, that the receiver may delegate or otherwise assign these powers with the approval of the commission.

(d) Employees and members of the board shall continue to discharge their duties, subject to such rules, regulations, decisions, and policies that the receiver may make or implement.

(e) The receiver shall report not less than quarterly to the commission on the receiver’s actions, the status of the retirement system, and any recommendations for further regulatory or legislative modifications, and shall, not less than six months before the receiver’s appointment is scheduled to expire, indicate to the commission whether an extension of the receivership is warranted.

(f) The receiver shall be immune from civil liability arising from the exercise of the receiver’s duties.

(g) Upon the expiration of the receiver’s appointment, all seats on the board shall be considered vacant, and new elections shall be held pursuant to said section 19A of said chapter 34B; provided, that members of the board in place at the time of expiration shall continue in their duties until new members are elected and installed; provided further, that this section shall not be construed to prohibit serving members of the board, or members removed by the receiver, from being a candidate for these elections.

(h) Notwithstanding any provision of general or special law to the contrary, no receiver for the board shall be eligible to serve as an employee of the board after the receiver’s appointment has expired.

SECTION 23  .  Section 23 of chapter 32 is hereby amended by striking out subdivision (4) and inserting in place thereof the following:-

(4)  If the commission makes a written finding that a board of any retirement system has violated or neglected to comply with any provisions of this chapter, or the rules and regulations promulgated by the commission, in a manner that substantially impacts the duties or obligations of the board, the commission may appoint a receiver to oversee any board that is responsible for the administration of any such system.  Said receiver shall be authorized to take or desist from any action in order to insure that the system is managed with reasonable care, skill, prudence and diligence.  Such action may include, but is not limited to, the following:-

(a)    transfer of assets to the PRIT Fund;

(b)   removal of a board member(s);

(c)    appointment of board member(s);

(d)   termination of contracts;

(e)    approval or denial of retirement benefits;

(f)    employment or termination of employees; and, conduct of a fiduciary audit.

Further GOV 176.1

Pension Reform

Mr.  Panagiotakos moves to amend the pending amendment (No. 176 by Mr. Tarr) by striking out the text of the amendment and inserting in place thereof the following text:-

By inserting after Section 23 the following 14 sections:-

“SECTION 23A.  The definition of “Regular compensation” in section 1 of chapter 32 of the General Laws, as amended by section 2 of chapter 21 of the acts of 2009, is hereby further amended by inserting after the second paragraph the following paragraph:-

Notwithstanding any provision of this chapter to the contrary, regular compensation for any person who becomes a member after January 1, 2011, shall not include salary, wages or other compensation in whatever form in any calendar year in excess of 64 per cent of the annual limitation that may be imposed under federal law on the amount of compensation that may be taken into account when calculating benefits under plans described in 26 U.S.C. 401(a) including, but not limited to, the applicable limits for any calendar year under 26 U.S.C. 401(a)(17). Faculty, librarians and administrators in public higher education, as well as any physicians employed by the commonwealth who are eligible for the state retirement system, shall not be prohibited from participating in the college retirement equities fund or the optional retirement program by the Teachers Insurance and Annuity Association.

SECTION 23B.  Said section 1 of said chapter 32 is hereby further amended by striking out, in line 488, as appearing in the 2008 Official Edition, the word “may” and inserting in place thereof the following word:-  shall.

SECTION 23C. Saidsection 3 of said chapter 32, as so appearing, is hereby further amended by adding the following subdivision:-
            (9) Notwithstanding any provision of this chapter to the contrary, a member who is reinstated to or re-enters the active service of a governmental unit or who is eligible to receive credit for other service under this section and who does not, within 1 year from the date of completing 10 years of creditable service or the of the date of reinstatement or re-entry, whichever last occurs, either: (i) pay into the annuity savings fund of the system make-up payments of an amount equal to the accumulated regular deductions withdrawn by the member, together with buyback interest; or (ii) make provision for the repayment in installments, upon such terms and conditions as the board may prescribe, to pay into the annuity savings fund of the system make-up payments of an amount equal to the accumulated regular deductions withdrawn by the member, together with buyback interest shall pay actuarial assumed interest instead of buyback interest on all make-up payments to be entitled to creditable service resulting from the previous employment.         
SECTION 23D.  Section 5 of said chapter 32 is hereby amended by inserting after the word “service”, in line 38, as so appearing, the following words:- , together with buyback interest, and shall satisfy the requirements for reinstatement under section 105.
SECTION 23E.  Paragraph (a) of subdivision (2) of said section 5 of said chapter 32, as so appearing, is hereby amended by adding the following 2 sentences:- Notwithstanding the previous sentence, if in the 5 years of creditable service preceding retirement, the difference in the annual rate of regular compensation between any 2 consecutive years exceeds 100 per cent, the retirement allowance shall be based on the average annual rate of regular compensation received by the member during the period of 5 consecutive years preceding retirement. The retirement allowance for members who have served in more than 1 group shall be prorated by applying the percentage for each group to the number of years of service in that group. 
SECTION 23F.  Said subdivision (2) of said section 5 of said chapter 32, as amended by section 7 of chapter 21 of the acts of 2009, is hereby further amended by inserting after paragraph (e) the following paragraph:-
(f) In calculating the average annual rate of regular compensation for purposes of this section, regular compensation in any year shall not include regular compensation that exceeds the average of regular compensation received in the 2 preceding years by more than 7 per cent, plus an increase determined by the increase in the United States Consumer Price Index for the preceding 2 years, as reported by the actuary under paragraph (f) of subdivision (3) of section 21.  This paragraph shall not apply to an increase in the annual rate of regular compensation that results from an increase in hours of employment or a change in position that is determined by the board to be bona fide. This section shall be superseded by the terms and conditions of any collective bargaining agreement or individual contract for employment that is in effect on the effective date of this act and shall continue in effect until the stated expiration date of such agreement or June 30, 2012, whichever comes sooner.
SECTION 23G.  Subdivision (2) of section 10 of said chapter 32, as most recently amended by section 13 of said chapter 21, is hereby further amended by striking out paragraph (a).
SECTION 23H. Subsection (1) of section 11 of said chapter 32 is hereby amended by striking out paragraph (a), as appearing in the 2008 Official Edition, and inserting in place thereof the following paragraph:-
A member entitled to a return of the member’s accumulated total deductions as provided for in paragraph (1)(c) or (1)(d) of section 4, in subdivision (4) of section 10, in paragraph (2)(b) of section 13 or in subdivision (3) of section 25, shall, subject to the provisions of subdivision (8) of section 3, to the provisions of this section and to the provisions of section 15, be paid in one sum the amount of his accumulated total deductions within 60 days after the member’s filing with the board on a prescribed form his written request therefor. For any such member who becomes a member subsequent to January 1, 1984, who voluntarily withdraws from service with creditable service of less than 120 months, the rate of regular interest for purposes of calculating accumulated total deductions shall be 3 per cent. Any other member entitled to return of his accumulated total deduction shall receive 100 per cent of the rate of regular interest payable.
            SECTION 23I.  Section 12 of said chapter 32, as so appearing, is hereby amended by inserting after the word “govern.”, in line 209, the following paragraph:-
Beginning January 1st, 2011, the normal monthly member-survivor allowance provided for under this option to a spouse of a deceased member shall not be less than $500 for members of the state teachers’ and state employees’ retirement system.  This paragraph shall apply to the members of a retirement system of any other political subdivision upon a majority vote of the board of such system and by the local legislative body.  For the purposes of this paragraph, “local legislative body” shall mean a town meeting for a town system, the city council subject to the provisions of its charter for a city system, the county retirement board advisory council for a county system, the regional retirement board advisory council for a regional system, the district members for a district system and the governing body of an authority for an authority system.  Acceptance shall be deemed to have occurred upon the filing of a certification of such vote with the commission. 
SECTION 23J.  Said section 12 of said chapter 32, as so appearing, is hereby further amended by striking out, in lines 211 and 212, the words “not be less than two hundred and fifty dollars” and inserting in place thereof the following words:-  either not less than $250 or, if the preceding paragraph applies,  not less than $500.
SECTION 23K.  Paragraph (e) of subsection 2A of section 23 of said chapter 32, as so appearing, is hereby amended by adding the following clause:-
 (xv) not award a compensation package that includes incentive payments for performance in a year in which the total value of the fund is reduced from the total value thereof in the preceding year.
SECTION 23L.  Section 65D of said chapter 32, as so appearing, is hereby amended by inserting after the word “office,”, in line 5, the following words:- and a chief justice or an associate justice of the supreme judicial court.
SECTION 23M.  Section 101 of said chapter 32, as so appearing, is hereby amended by striking out,  in line 8, the words  “six thousand dollars” and inserting in place thereof the following words:- either $6,000 or, in a retirement system accepting the supplemental annual allowance as provided in this section, $9,000.
SECTION 23N.  Said chapter 32B is hereby amended by inserting after section 9A the following section:-
Section 9A1/2.  Whenever a retired employee or beneficiary receives a healthcare premium contribution  from a governmental unit in a case where a portion of the retiree’s creditable service is attributable to service in 1 or more other governmental units, the first governmental unit shall be reimbursed in full, in accordance with this paragraph, by the other governmental units for the portion of the premium contributions that corresponds to the percentage of the retiree’s creditable service that is attributable to each governmental unit.  The other governmental units shall be charged based on their own contribution rate or the contribution rate of the first employer, whichever is lower.
The treasurer of the first governmental unit shall annually, on or before January 15, upon the certification of the board of the system from which the disbursements have been made, notify the treasurer of the other governmental unit of the amount of reimbursement due for the previous fiscal year and the treasurer of the other governmental unit shall immediately take all necessary steps to insure prompt payment of this amount.  In default of any such payment, the first governmental unit may maintain an action of contract to recover the same, but there shall be no such reimbursement if the 2 systems involved are the state employees' retirement system and the teachers' retirement system.”;
And by inserting after
SECTION 119.   Notwithstanding any general or special law to the contrary and except as expressly provided otherwise, sections 23A, 23E and 23G shall apply only to employees who become members of a retirement system after January 1, 2011, sections 23C and 23D shall apply only to repayments and purchases of creditable service after January 1, 2011, and sections 23F and 23N shall apply only to employees that are members of retirement systems who retire after January 1, 2011.
SECTION 120. Notwithstanding any general or special law to the contrary, no increases in allowances provided pursuant to sections 23I, 23J and 23M shall take effect before  January 1, 2011.  

ADOPTED
GOV 177

STABILIZATION FUND BALANCE

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new section:-

“SECTION XX. Section 2H of Chapter 29 of the General Laws is hereby amended by adding at the end thereof the following paragraph:- ‘Notwithstanding any general or special law to the contrary, the Comptroller of the Commonwealth shall file with the Clerks of the House and Senate not later than the fifteenth day of each month a report including, but not limited to, the balance contained in the Commonwealth Stabilization Fund on the first day of the month, any material changes in the condition of the fund, and any other information which he deems appropriate for the consideration of the legislature; provided further, that such report be displayed prominently on the website of the comptroller’”.

GOV 178

TAXPAYER-FUNDED ADVERTISING

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. Notwithstanding any general or special law to the contrary, no agency of the commonwealth shall expend public funds for advertising or promotions regarding issues or information not necessary to public health or public safety”.

GOV 179

VOTER IDENTIFICATION

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. Section 76 of Chapter 54 of the General Laws is hereby amended by striking the words ‘if requested, his residence’, and by inserting after the words ‘his name and’ in line 1, the following words:- ‘an identification document, as issued by any federal or state government agency or political subdivision, which shall in all cases include full name and current address except in the case of a Social Security Card, so-called, which shall be considered sufficient identification’.

ADOPTED
GOV180

ADMINISTRATION OF VETERANS CEMETERIES

Messrs. Donnelly, Brewer and Buoniconti moved that the bill be amended, in Section 2, in item 1410-0630, by striking out the figure “$899,451” and inserting in place thereof the following figure:- “946,136”.

ADOPTED
RC 261 [39 to 0]
GOV181

CONTINUITY FOR VETERANS HOMELESSNESS SERVICES

Messrs. Donnelly and Downing moved that the bill be amended, in Section 2, by striking out item 1410-0250, and inserting in place thereof the following item:-

“1410-0250     For veterans’ homelessness services; provided, that the department shall not reduce the amount allocated to a program or its successor in section 2 of chapter 27 of the acts of 2009; and provided further the Western Massachusetts Bilingual Veterans Outreach Center shall be the successor to the Springfield Bilingual Veterans Outreach Center at the YMCA.................. $2,083,073”.

GOV 182

ZERO-BASED BUDGETING

Mr. Tarr moved that the bill be amended by inserting, after Section X, the following new Section:-

“SECTION XX. Chapter 29 of the General Laws is hereby amended by adding the following new section after Section 5F: -

  Section 5G:  Development and Adoption of Zero-Based Budget Estimates

1.      The Secretary of Administration and Finance, with the approval of the Governor, shall on a quadrennial basis develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget, so-called, for each agency and department of state government.

Said zero-based budget shall reflect the amount of funding deemed necessary to achieve the most cost-effective performance of each agency or department pursuant to an accompanying narrative delineating the tasks to be performed by that agency or department, together with goals and objectives for each agency or department for a period not to exceed four years.  Said budget shall have a zero dollar amount as its basis, and shall not reflect any prior appropriation amount, adjusted or otherwise.

2.      Said zero-based budget shall be referred by the Senate and House of Representatives to the committees of subject matter jurisdiction relevant to each component of said budget.  Such committees shall evaluate each such component, taking into account all available information, including that provided by public testimony in oral and written form.  The evaluations of the committee shall then be reported to the Senate and House Committees on Ways and Means.

3.      The Ways and Means Committees of the Senate and House of Representatives shall, jointly or individually, conduct at least one public hearing on the zero-based budget and shall also receive written and electronic testimony for a period of not less than 30 days on said budget.

Said ways and means committees shall jointly develop and submit to the Clerks of the Senate and House of Representatives a zero-based budget estimate not later than 60 days following the receipt of the zero-based budget estimate filed by the Secretary pursuant to Section 1 above.

Said zero-based budget estimate shall be included in a joint resolution and placed before the members of the General Court for their consideration.  Such joint resolution, if adopted, shall be employed in evaluating each annual budget considered by the General Court for the four years following its adoption.

4.      Zero-based budgeting shall mean, for the purposes of this section, a means of developing appropriations based on the cost-effective achievement of the tasks and goals of a particular agency or department without regard to prior appropriations, adjusted for inflation or otherwise.  Any appropriation so developed shall to the extent possible, be accompanied by a brief description of said tasks and goals together with the performance measure of the achievement of those tasks and goals”.

GOV183

CONTINUITY FOR VETERANS OUTREACH CENTERS

Messrs. Donnelly and Downing moved that the bill be amended, in Section 2, by striking out item 1410-0012 and inserting in place thereof the following item:-

“1410-0012     For services to veterans, including the maintenance and operation of outreach centers; provided further, that the department shall not reduce the amount allocated to a program or its successor in section 2 of chapter 27 of the acts of 2009; provided, however, that funds shall not be expended for the Middleboro Veterans’ Outreach Center; provided further, that an amount equal to the amount of funds expended in fiscal year 2010 for the Middleboro Veterans’ Outreach Center shall be transferred to the Nathan Hale Foundation of Plymouth; provided further, that the centers shall provide counseling to incarcerated veterans and to Vietnam era veterans and their families who may have been exposed to agent orange; and provided further, that these centers shall provide services to veterans who were discharged after September 11, 2001, and their families …………………………… $1,738,686”.

GOV184

DEPARTMENT OF VETERANS SERVICES

Mr. Donnelly moved that the bill be amended, in Section 2, in item 1410-0010, by striking out the figure “$2,133,506” and inserting in place thereof the following figure:- “$2,159,172”.

GOV185

HEALTH CARE FOR RETIREES

Messrs. Donnelly and Morrissey moved that the bill be amended by inserting, after Section 158, the following new Section:-

“SECTION ___.  Chapter 32A of the General Laws is amended by inserting the following new section:-

Section 17K.  The commission shall establish a plan for retired members of the state retirement system, their spouses and dependents, which shall, subject to the procedures established by the commission, reimburse them for copayments and deductibles exceeding one thousand five hundred dollars that are paid for each insured per year.  Pursuant to section 24 of chapter 32A, the commission shall request that the pension reserves investment management board expend amounts from the State Retiree Benefits Trust Fund to pay the costs of this plan.”

GOV 186

PAPERLESS ANNUAL REPORTS

Mr. Montigny moved that the bill be amended by inserting after Section 114the following new section:-

SECTION 114A.  Notwithstanding any general or special law or rule or regulation to the contrary, all branches of government, any agency, department, quasi-state agency or any entity of the Commonwealth required by law to file an annual, semi-annual, quarterly or any financial report shall make said report available online.   The annual report shall be conspicuous and accessible online and there shall be an archive of all annual report available online.  Any entity that is required by law to receive said report shall be notified by written hard copy  format of the availability of said report on line and the means of accessing said report.    An agency, department, quasi-state agency or any entity of the Commonwealth shall provide a copy in hard copy format of any annual report upon request.  Compliance with this section shall fulfill any filing requirement established by any general or special law.

GOV187

HEALTH REIMBURSEMENT ACCOUNTS

Messrs. Donnelly, Morrissey, Richard T. Moore, Ms. Jehlen, and Ms. Fargo moved that the bill be amended by inserting, after Section 158, the following new Sections:-

“SECTION ___.  Chapter 32B is hereby amended by inserting after section 19 the following section:-

Section 20:  Notwithstanding any other provisions of this chapter, a political subdivision which transfers its subscribers to the commission under subsection (e) may provide health reimbursement accounts to reimburse subscribers for qualified medical expenses.  Qualified medical expenses may include, but not be limited to, out-of-pocket costs such as inpatient/outpatient copayments, calendar year deductibles, office visit copayments, and prescription drug copayments. 

SECTION ___.  Section 2 of chapter 32B is hereby amended by inserting after subsection (j) the following subsection:-

(k) “Health Reimbursement Account”, a federally-recognized tax-exempt health benefit program that allows an employer to reimburse qualified medical expenses paid by employees.”

2nd Redraft GOV 188

PROHIBITING SWAP AGREEMENTS

Mr. Montigny moves to amend the bill, Senate 4, by inserting at the end thereof the following new Sections:-

SECTION____. Section 98 of chapter 6 of the General Laws, as amended by section 1 of chapter 10 of the acts of 2009,  is hereby amended by inserting at end of paragraph 2 of subsection (b) after the word “borrowing”, the following:-

; provided that the board shall notify the chairs of the Senate and House Ways and Means committee, the chairs of the Senate and House committees on Bonding, Capital Expenditures and State Assets and the clerks of the Senate and House prior to its decision to allow a state entity to enter into a interest rate swaption, and shall include the terms of the proposed interest rate swaption and any supporting documents

GOV189

TRAIN VETS TO TREAT VETS

Messrs. Donnelly, Morrissey, Eldridge, Timilty, McGee, Ms. Walsh, Ms. Fargo, and Ms. Spilka moved that the bill be amended, in Section 2, in item 1410-0010, by adding at the end thereof the following:-

“provided that $125,000 shall be obligated for a contract to support a Train Vets to Treat Vets program of behavioral health career development for returning veterans with a Massachusetts institution of higher education exclusively accredited to educate psychologists and under a  federal yellow ribbon scholarship program contract in the treatment of  veterans with substance abuse and other mental health issues as a result of service”; and in said item, by striking out the figures “$2,133,506” and inserting in place thereof the figures “$2,258,506”

GOV190

WITHDRAWN

GOV191

VETERANS OUTREACH CENTERS

Messrs. Donnelly, Richard T. Moore, Michael O. Moore, Eldridge, Ms. Chandler, Ms. Jehlen, Ms. Fargo, and Ms. Flanagan moved that the bill be amended, in Section 2, in item 1410-0012, by striking out the figure “$1,738,686” and inserting in place thereof the following figure:- “$2,389,748”.

GOV 192

COMMONWEALTH STABILIZATION FUND

Mr. Montigny moved that the bill be amended by inserting at the end thereof the following new Section:-

SECTION____.  Section 2H of chapter 29 of the General Laws, as appearing in the 2008 Official Edition, in line 26, by inserting after the word “revenues” the following language:-

: provided further, that any transfer and appropriation when the total amount of the fund is less than $500,000,000 or any transfer and appropriation that would reduce the amount of the fund to less than $500,000,000, shall require a two-thirds vote of the general court

GOV 193

HEARING PROCEDURES AT THE DIVISION OF ADMINISTRATIVE LAW APPEALS

Mr. Morrissey moved that the bill be amended by adding at the end thereof the following new section:-

SECTION XX. Subsection 4 of section 16 of chapter 32 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the word “hearing.” in line 116 the following 2 new sentences:- Any hearing assigned pursuant to this section shall, at the election of any party involving a claim hereunder, be subject to a full evidentiary hearing, provided however that such claims may be subject to summary procedure only at the request of any such party, provided further that said summary procedure shall be governed by the standard rules promulgated pursuant to section 9 of chapter 30A without addition or substitution thereto.  The division of administrative law appeals may impose a reasonable administrative fee for the initiation of a claim or claims under this section for the purpose of employing magistrates.

GOV 194

MASSACHUSETTS HISTORICAL COMMISSION

Mr. Morrissey moved that the bill be amended, in section 2, in item 0526-0100, by striking out the figure “$700,000” and inserting in place thereof the following figure:-   “$750,000”.

GOV 195

WITHDRAWN

GOV 196

WITHDRAWN

Redraft GOV 197

EQUITABLE PAY AT QUASI-PUBLIC AGENCIES

Messrs. Montigny, Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting at the end thereof the following:-
‘SECTION 154A.  No at-will employee of a state authority as defined in section 1 of chapter 29 of the General Laws shall be provided compensation in salary or wages in excess of the salary provided to the governor under section 1 of chapter 6 of the General Laws unless documentation, signed by the secretary of administration and finance, exists justifying such higher compensation.
SECTION 154B.  No state authority as defined in section 1 of chapter 29 of the General Laws shall enter into a contract with an employee that provides compensation in salary or wages in excess of the salary provided to the governor under section 1 of chapter 6 of the General Laws unless documentation, signed by the secretary of administration and finance, exists justifying such higher compensation.
SECTION 154C.   Each state authority as defined in section 1 of chapter 29 of the General Laws shall submit a compensation reduction report that shall include, but not be limited to, a plan detailing all percentage salary reductions, wage freezes, furloughs and reduction of employees, including attrition, to the house and senate committees on ways and means not later than December 31, 2010.
SECTION 154D.  Notwithstanding any special or general law to the contrary the secretary of administration and finance shall review the sick and vacation time buyback program of each state authority as defined in section 1 of chapter 29 and shall make recommendations to align those benefits with benefits commensurate to those available to state employees.  The secretary shall provide his findings and recommendations to the board of the applicable state authority not less than 90 after the effective date of this act.’”

GOV 198

LANDSCAPE ARCHITECT REGISTRATION

Ms. Creem moved that the bill be amended by inserting after Section __, the following new Sections:-

“SECTION ___. Section 99 of Chapter 112 of the General Laws, is hereby amended by inserting after the first sentence the following:- “No person shall practice or offer to practice landscape architecture in the commonwealth, unless such person shall have secured from the board a certificate of registration as a landscape architect.”

SECTION 2. Said section 99, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:- The following persons and activities are exempted from the provisions of this chapter: Any architect registered under the provisions of chapter 112 and any professional engineer registered under section 45 of chapter 13.  Nothing in this chapter shall prevent a vendor of goods, services or materials, including irrigation designers, nurserymen, landscape nurserymen, gardeners, landscape gardeners, and general or landscape contractors, from providing drawings or graphic diagrams necessary for the proper layout of his goods or materials, or prevent a landscape designer from engaging in, for a fee, the design of spaces utilizing plant materials and incidental paving and building materials or arranging for installation of the same.  Nothing in this chapter shall be construed in any manner to prohibit any person from making plans, drawings, or specifications for personal use and enjoyment of any property owned by him. Notwithstanding the provisions of this section, any person exempted under this section or any persons engaged in activities exempted under this section shall not use the title “landscape architect” unless such persons comply with the provisions of this chapter.

SECTION 3. Section 101 of Chapter 112 of the General Laws is hereby amended by striking the words “that: (a) he is at least twenty-three years of age and of good moral character;

(b) he is a citizen of the United States or has legally declared his intention of so becoming; (c)” and inserting in place thereof the word “that”

SECTION 4. Section 103 of Chapter 112 of the General Laws, is hereby amended by adding after the words “shall be paid to the board for the following” the following words:- “, provided that the fee shall not be less than $120.”

GOV 199

VICTIM WITNESS ASSISTANCE

Mr. Berry moved that the bill be amended, in section 2, in item 0840-0100, by striking  out the figure “$494,181” and inserting in place thereof the figure:-

“$549,090”

GOV 200

INDEPENDENT CONTRACTORS

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __.  Section 148B. (a) For the purpose of this chapter and chapter 151, an individual performing any service in the construction trades, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:—

(1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and

(2) the service is performed outside the usual course of the business of the employer; and,

(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.

(b)  For the purpose of this chapter and chapter 151, an individual performing any service, except as authorized under this chapter, shall be considered to be an employee under those chapters unless:—

(1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and

(2) the service is performed outside the usual course of the business of the employer; or,

(3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed.”

GOV 201

DOR AUDIT FAIRNESS

Mr. Tisei moved that the bill be amended in Section 27, by striking out in paragraph (c) the second sentence and inserting in place thereof the following sentence:

“Matters determined in a unified audit proceeding may be disputed by the individual members or indirect owners under sections 37 and 39 of chapter 62C.”

GOV 202

DARTMOUTH STATE POLICE BARRACKS

Mr. Montigny moved that the bill be amended, in Section 104(b), by striking the following language in lines 35 to 37:-

7) a certain parcel of land located in town of Dartmouth at 262 State road, containing approximately 0.75 acres, together with any buildings and structures thereon, formerly known as the state police barracks;

GOV 203

Spill Remediation Reimbursement

Mr. Kennedy moved that the bill be amended, in section 2, in item 1232-0100 in its entirety and by adding the following:

1232-0100  For underground storage tank reimbursements to parties that have remediated spills of petroleum products pursuant to Chapter 21J of the General Laws…….$13,099,454

2nd Redraft GOV 204

TERMINATION PENSIONS

Mr. Hedlund and Mr. Downing moved that the bill be amended by inserting, after Section __, the following new Sections:-

SECTION __. Subdivision (2) of section 10 of said chapter 32, as most recently
amended by section 13 of said chapter 21, is hereby further amended by striking out paragraph (a).

This section shall apply to all members employed as of the enacting date of this act, as well as all members hired prospective to the enacting date of this act.

GOV 205

LOTTERY ADVERTISING

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended, in section 2, in item 0640-0010, by striking the item in its entirety.

GOV 206

MASSPORT SICK TIME

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ___.  Notwithstanding any special or general law of the contrary the Secretary of Administration and Finance shall review the Massachusetts Port Authority’s sick and vacation time buyback program and make recommendations to align those benefits with benefits commiserate to those afforded ordinary state employees.  Such recommendation shall be made by the Secretary to the board of the authority not later than 90 days after the passage of this act.”

GOV 207

INDEPENDENT CONTRACTORS II

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __. Section 148B of Chapter 149 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out clause 2 of paragraph a in its entirety.

Section 2. Said section 148B is further amended by adding, in line 11, after the word “performed”, the following:-

“and has validly registered said trade, occupation, profession or business pursuant to state law”

Further GOV  207.1

INDEPENDENT CONTRACTORS

Mr. McGee moved that the bill be amended by amending amendment floor number 207 by inserting the following section:

“SECTION ___ The General Laws are hereby amended by inserting after chapter 149, section 147H the following section:-                  

SECTION 147I
INDEPENDENT CONTRACTORS

(a) An individual whose work is performed solely in his/her place of residence shall be exempt from the requirements of M.G.L. c. 149, 148B(a)(2), but not sections (a)(1) and (a)(3). This section does not apply to individuals who work with or for the individual.

(b) The exception provided in paragraph (a) of this section shall not apply to an individual who has been coerced, threatened or intimidated into establishing an independent business nor shall it apply to individuals who telecommute or work remotely from home.

(c) Each individual seeking this exemption shall register with the Secretary of State and shall be issued without a fee. The registration shall contain, at a minimum, the following information: name of the individual seeking the exemption, the nature of the independently established business, the address of the residence at which the work is performed and proof that the address listed is the applicant's legal residence. The Secretary of State shall issue regulations necessary to ensure registration under this section. The document shall be typewritten, printed or in such other form as the Secretary of State shall prescribe. The document shall be executed by the individual seeking the exemption. The registration shall be renewed every three years.

RULED OUT OF ORDER
GOV 208

REPEAL OF ALCOHOL SALES TAX

Mr. Hedlund and Mr. Baddour moved that the bill be amended by inserting, after Section __, the following new Section:-

SECTION __:  Section 6 of chapter 64H of the General Laws, as amended by section 55 of chapter 27 of the acts of 2009, is hereby amended in lines 71 and 72 by inserting by striking the words “and 64F” and inserting in place thereof the following words: - “ 64F and one hundred and thirty-eight.” 

GOV 209

MASSPORT WAGE FREEZE

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION ___.  Notwithstanding any special or general law to the contrary the Massachusetts Port Authority shall not grant any salary increases in fiscal year 2011, except those they are contractually obligated to grant under existing collectively bargained agreements.”

GOV 210

PENSION FUND MANAGERS COMPENSATION

Messrs. Tisei, Tarr, Knapik, Hedlund and Ross moved that the bill be amended by inserting, after Section ___, the following new Section:-

“SECTION __. Paragraph (e) of subsection 2A of section 23 of chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following clause: -

“(xv) not award any compensation package that includes  incentive payments for performance in any year in which the total value of the fund is reduced from the total value thereof in the preceding year.”

GOV 211

UNDERGROUND STORAGE TANK CLEANUP REIMBURSEMENT PROGRAM

Mr. Petruccelli moved that the bill be amended, in section 2, in item 1232-0100, by striking out the following words “claimant owns or formerly owned at least one, but no more than two, dispensing facilities; claimant owns 3, but not more than 5 facilities; claimant owns 6, but not more than 9 facilities; claimant owns more than 9 facilities” and inserting in place thereof the following words:- “claimant owns or formerly owned at least one, but no more than two, dispensing facilities; then payment to claimant who owns 3, but not more than 5 facilities; then payment to claimant who owns 6, but not more than 9 facilities; then payment to claimant who owns more than 9 facilities”

Redraft GOV 212

VIETNAM VETERANS MEMORIAL

Ms. Chandler moved that the bill be amended, in section 2, in item 1410-0010, by inserting after “item” the following: “provided further, that not less than the amount expended in fiscal year 2009 shall be expended for the purpose of maintaining and rehabilitating Massachusetts Vietnam Veterans memorials”.

GOV 692

MASSACHUSETTS OFFICE ON DISABILITY

Mr. Pacheco and Ms. Jehlen moved that the bill be amended, in section 2, in item 1107-2400, by striking out the figure “$539,231” and inserting in place thereof the following figure:- “$544,989”.

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