The Commonwealth of
Massachusetts
——————————————
In the Year Two Thousand and Seven.
——————————————
An Act making appropriations for the fiscal year 2008 to
provide for supplementing certain existing appropriations and for certain other
activities and projects.
Whereas, The
deferred operation of this act would tend to defeat its purposes, which are
forthwith to make supplemental appropriations for fiscal year 2008 and to make
certain changes in law, each of which is immediately necessary to carry out
those appropriations or to accomplish other important public purposes,
therefore it is hereby declared to be an emergency law, necessary for the
immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in
General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for supplementing certain items in
the general appropriation act and other appropriation acts for fiscal year
2008, the sums set forth in section 2 are hereby appropriated from the General
Fund unless specifically designated otherwise in this act or in those
appropriation acts, for the several purposes and subject to the conditions
specified in this act or in those appropriation acts, and subject to the laws
regulating the disbursement of public funds for the fiscal year ending June 30,
2008. These sums shall be in addition to
any amounts previously appropriated and made available for the purposes of
those items. Notwithstanding any general
or special law to the contrary, appropriations made in section 2 shall not
revert and shall be available for expenditure until June 30, 2009.
SECTION 2.
JUDICIARY
Trial Court
0330-3337 $4,000,000
DISTRICT ATTORNEYS
Suffolk District
Attorney
0340-0101 $41,802
Northern District
Attorney
0340-0201 $74,813
Eastern District
Attorney
0340-0301 $27,584
Worcester District
Attorney
0340-0401 $11,000
Hampden District
Attorney
0340-0501 $64,973
Northwestern District
Attorney
0340-0601 $37,829
Norfolk District Attorney
0340-0701 $107,524
Plymouth District
Attorney
0340-0801 $82,151
Bristol District
Attorney
0340-0901 $23,899
Berkshire District
Attorney
0340-1101 $107,955
EXECUTIVE OFFICE FOR
ADMINISTRATION AND FINANCE
Bureau of State Office
Buildings
1102-3302 $176,000
Office of the
Secretary of Administration and Finance
1599-0050 $983,939
Department of Revenue
1232-0100 $4,277,710
Human Resources
Division
1750-0300 $116,780
EXECUTIVE OFFICE OF
EDUCATION
Department of
Elementary and Secondary Education
7061-9010 $4,700,178
SECTION 2A. To provide for certain unanticipated
obligations of the commonwealth, to provide for an alteration of purpose for
current appropriations, and to meet certain requirements of law, the sums set
forth in this section are hereby appropriated from the General Fund unless
specifically designated otherwise in this section, for the several purposes and
subject to the conditions specified in this section, and subject to the laws
regulating the disbursement of public funds for the fiscal year ending June 30,
2008. Notwithstanding any general or
special law to the contrary, appropriations made in this section shall not
revert and shall be available for expenditure until June 30, 2009. These sums shall be in addition to any
amounts previously appropriated and made available for the purposes of those
items.
EXECUTIVE OFFICE FOR
ADMINISTRATION AND FINANCE
Office of the
Secretary of Administration and Finance
1599-4276 For a reserve to meet the fiscal year 2008
costs of salary adjustments and other economic benefits authorized by the
collective bargaining agreement between the Middlesex sheriff’s department and
the Teamsters, Local 122, and to meet the fiscal year 2008 costs of salary
adjustments and other economic benefits necessary to provide equal adjustments
and benefits to employees employed in confidential positions which otherwise
would be covered by this agreement; provided, that the personnel administrator,
with the approval of the secretary of administration and finance, shall determine
these adjustments and benefits for the confidential employees in accordance
with the collective bargaining agreement then in effect which otherwise would
cover these positions; provided further, that the secretary may transfer from
the sum appropriated in this item to other items of appropriation and
allocations thereof for fiscal year 2008 amounts that are necessary to meet
these costs where the amounts otherwise available are insufficient for the
purpose, in accordance with a transfer plan which shall be filed in advance
with the house and senate committees on ways and means $12,577
1599-4280 For a reserve to meet the fiscal year 2007,
2008 and 2009 costs of salary adjustments and other economic benefits
authorized by the December 21, 2006 temporary pay law agreement between the
commonwealth and the National Association of Government Employees, and to meet
the fiscal year 2007, 2008 and 2009 costs of salary adjustments and other
economic benefits necessary to provide equal adjustments and benefits to
employees employed in confidential positions which otherwise would be covered
by this agreement; provided, that the personnel administrator, with the
approval of the secretary of administration and finance, shall determine these
adjustments and benefits for the confidential employees in accordance with the
collective bargaining agreement then in effect which otherwise would cover
these positions; provided further, that the secretary may transfer from the sum
appropriated in this item to other items of appropriation and allocations
thereof for fiscal years 2008 and 2009 amounts that are necessary to meet these
costs where the amounts otherwise available are insufficient for the purpose,
in accordance with a transfer plan which shall be filed in advance with the
house and senate committees on ways and means $1,000,000
1599-6379 For a
reserve to fund the payment of the fiscal year 2009 incremental costs of
contractual obligations of expiring collective bargaining contracts required by
section 7 of chapter 150E of the General Laws; provided, that once an agreement
has been reached between the employer and the exclusive representative,
executed by the parties and ratified by the membership, the governor shall file
a bill requesting that the legislature appropriate funding for the contract, a
portion of which may be drawn from this reserve $20,000,000
EXECUTIVE OFFICE OF
HOUSING AND ECONOMIC DEVELOPMENT
Department of Housing
and Community Development
7004-1000 For a state
supplement to the federal Low Income Home Energy Assistance Program 42 U.S.C.
Section 8621 et seq., for the purpose of assisting low-income elders, working
families and other households with the purchase of heating oil, propane,
natural gas, electricity and other primary or secondary heating sources;
provided, that expenditure of these supplemental funds shall be made in
accordance with the state plan to be submitted by the department of housing and
community development for operation of the FY 08 program, in accordance with
federal law; provided further, that the department shall establish the maximum
assistance for which a household is eligible commensurate with the increased
funding provided in this item; provided further, that up to $10,000,000 may be
released prior to receipt of any federal funds, to allow for timely start-up of
the program, including both administrative costs and payment of benefits $10,000,000
SECTION 2B. To provide
for supplementing certain intragovernmental chargeback authorizations in the
general appropriation act and other appropriation acts for fiscal year 2008, to
provide for certain unanticipated intragovernmental chargeback authorizations,
to provide for an alteration of purpose for current intragovernmental
chargeback authorizations, and to meet certain requirements of law, the sums
set forth in this section are hereby authorized from the Intragovernmental
Service Fund for the several purposes specified in this section or in the
appropriation acts, and subject to the provisions of law regulating the
disbursement of public funds for the fiscal year ending June 30, 2008.
Notwithstanding any general or special law to the contrary, appropriations made
in this section shall not revert and shall be available for expenditure until
June 30, 2009. These sums shall be in addition to any amounts previously
authorized and made available for the purposes of those items.
EXECUTIVE OFFICE OF
PUBLIC SAFETY AND SECURITY
Department of State
Police
8100-0002 $376,461
SECTION 2C.I. For the
purpose of making available in fiscal year 2009 balances of appropriations
which otherwise would revert on June 30, 2008, the unexpended balances of the
maintenance appropriations listed below, not to exceed the amount specified
below for each item, and the unexpended balance of all appropriations in the
Massachusetts management accounting and reporting system with a secretariat
code of 01 or 17, are hereby re-appropriated for the purposes of and subject to
the conditions stated for the corresponding item in section 2 of chapter 61 of
the acts of 2007; provided, however, that for items which do not appear in
section 2 of the general appropriation act, the amounts in this section are
re-appropriated for the purposes of and subject to the conditions stated for
the corresponding item in section 2 or 2A of this act or in prior appropriation
acts. Amounts in this section are
re-appropriated from the fund or funds designated for the corresponding item in
said section 2 of said chapter 61 of the acts of 2007; but for items which do
not appear in said section 2 said chapter 61 of the acts of 2007, the amounts
in this section are re-appropriated from the fund or funds designated for the
corresponding item in said section 2 or said section 2A of this act or in prior
appropriation acts. The sums
re-appropriated in this section shall be in addition to any amounts available
for these purposes.
JUDICIARY
Committee for Public Counsel
Services
0321-1520 ....... ....................................................................................... $1,100,000
DISTRICT ATTORNEYS
Norfolk District Attorney
0340-0700 ....... ....................................................................................... $93,500
TREASURER AND
RECEIVER-GENERAL
Office of the Treasurer and
Receiver-General
0610-0000 ....... ....................................................................................... $150,000
0610-0050 ....... ....................................................................................... $221,731
Massachusetts Cultural
Council
0640-0300 ....... ....................................................................................... $127,653
OFFICE OF THE STATE
COMPTROLLER
Office of the Comptroller
1000-0001 ....... ....................................................................................... $70,000
EXECUTIVE OFFICE FOR
ADMINISTRATION AND FINANCE
Office of the Secretary of
Administration and Finance
1100-1100 ....... ....................................................................................... $200,000
1100-1560 ....... ....................................................................................... $950,000
1100-2010 ....... ....................................................................................... $172,052
1599-0045 ....... ....................................................................................... $1,500,000
1599-2005 ....... ....................................................................................... $2,155,994
1599-3859 ....... ....................................................................................... $1,300,000
1599-4279 ....... ....................................................................................... $606,504
Information Technology
Division
1790-0100 ....... ....................................................................................... $270,000
EXECUTIVE OFFICE OF ENERGY
AND ENVIRONMENTAL AFFAIRS
Department of Conservation
and Recreation
2800-0700 ....... ....................................................................................... $100,000
2820-0100 ....... ....................................................................................... $272,000
EXECUTIVE OFFICE OF HEALTH
AND HUMAN SERVICES
Office of the Secretary of
Health and Human Services
4000-0050 ....... ....................................................................................... $200,000
Department of Public Health
4590-0914 ....... ....................................................................................... $327,400
EXECUTIVE OFFICE OF
TRANSPORTATION AND PUBLIC WORKS
Office of the Secretary of
Transportation and Public Works
6000-0300 ....... ....................................................................................... $400,000
EXECUTIVE OFFICE OF HOUSING
AND ECONOMIC DEVELOPMENT
Office of the Secretary of
Housing and Economic Development
7002-0013 ....... ....................................................................................... $944,640
Business and Technology
7007-0500 ....... ....................................................................................... $145,000
7007-0900 ....... ....................................................................................... $626,500
Department of Housing and
Community Development
7004-0001 ....... ....................................................................................... $100,000
Department of Telecommunications and
Cable
7006-0071 ....... ....................................................................................... $50,000
EXECUTIVE
OFFICE OF LABOR AND WORKFORCE DEVELOPMENT
Department of Workforce Development
7003-0701 ....... ....................................................................................... $21,000,000
EXECUTIVE
OFFICE OF EDUCATION
Department of Elementary and Secondary
Education
7010-0016 ............................................................................................... $250,000
7061-9412 ............................................................................................... $128,265
EXECUTIVE
OFFICE OF PUBLIC SAFETY AND SECURITY
Office of the Secretary of Public Safety
and Security
8000-0000 ............................................................................................... $70,000
8000-0036 ....... ....................................................................................... $3,977,740
Department of Fire Services
8324-0000 ....... ....................................................................................... $430,000
Military Division
8700-1150 ....... ....................................................................................... $2,633,917
SHERIFFS
Hampden Sheriff's Department
8910-0102 ............................................................................................... $150,000
SECTION 3. Subsection (a) of section 16G of chapter 6A
of the General Laws, as amended by section 6 of chapter 19 of the acts of 2007,
is hereby further amended by striking out the first sentence and inserting in
place thereof the following sentence:- In the executive office of housing and
economic development, there shall be a department of business development, a
department of consumer affairs and business regulation, and a department of
housing and community development.
SECTION 4. Section 6
of chapter 22 of the General Laws, as appearing in the 2006 Official Edition,
is hereby amended by striking out, in lines 6 through 7, inclusive, the
following words “over forty-five years of age when first appointed, and shall
not be”
SECTION 5. Section 5C
of said chapter 29 of the General Laws, as so appearing, is hereby amended by
striking out clause (c) and inserting in place thereof the following clause:-
(c) all transfers
specified in this section shall be made from the undesignated fund balances in
the budgetary funds proportionally from those undesignated fund balances, but
no such transfer shall cause a deficit in any of those funds. Prior to
certifying the consolidated net surplus in accordance with this section, the
comptroller shall, to the extent possible, eliminate deficits in any fund
contributing to the surplus by transferring positive fund balances from any
other fund contributing to the surplus.
SECTION 6. Said
chapter 29 is hereby further amended by striking out section 5D, as so
appearing, and inserting in place thereof the following section:-
Section 5D. At the
close of each fiscal year, the comptroller shall determine, based on such
procedures as are established by the commissioner, the amount expended during
the fiscal year from each state fund or accounts comprising such funds, other
than the General Fund, for indirect costs and for the compensation of state
personnel. On the basis of said determination, the comptroller shall charge
each fund or accounts therein an amount for indirect costs and for fringe
benefit costs attributable to compensation paid from said other funds, based on
an indirect costs rate and on a fringe benefit rate to be set annually by the
commissioner of administration. The amount so charged shall be credited to the
General Fund. Upon approval by the commissioner of administration, and subject
to regulations established by him, the amount of indirect costs, either in
whole or in part, charged to an account may be waived. The costs of fringe benefits must, in all
cases, be recovered in cash.
The comptroller shall
make charges to recover the commonwealth’s indirect costs and the cost of
fringe benefits provided to or on behalf of any person paid compensation by any
state agency, state authority, or public institution of higher education, or by
any entity otherwise directly or indirectly receiving state funds, from any
source other than a direct expenditure of an appropriation charged to a state
fund subject to the preceding paragraph. The comptroller may establish such
systems of periodic charges or billings as he considers necessary and
appropriate to ensure the recovery of these costs. Any bill rendered for the
purpose of recovery of these costs shall be payable to the comptroller within 30
days after receipt of the bill, and all amounts so paid shall be credited to
the General Fund.
SECTION 7. Section 4
of chapter 32 of the General Laws, as appearing in the 2006 Official Edition,
is hereby amended by striking out, in lines 88, 208, 218, 227, 250, 261, 269,
278, 294 and 516, the word “regular” and inserting in place thereof, in each
instance, the following word:- buyback
SECTION 8. Said
section 4 of said chapter 32 of the General Laws, as so appearing, is hereby
further amended by inserting after the word “system”, in line 379, the
following words:- plus buyback interest thereon
SECTION 9. Section 105 of said chapter 32 of the General
Laws, as so appearing, is hereby amended by striking out, in lines 5 and 6, the
words “actuarial assumed interest thereon” and inserting in place thereof the
following words:- buyback interest
SECTION 10. The second
paragraph of section 4 of chapter 32A of the General Laws, as so appearing, is
hereby amended by striking out the second sentence.
SECTION 11. Section 7
of chapter 44 of the General Laws, as appearing in the 2006 Official Edition,
is hereby amended by adding the following subsection:-
(32) For feasibility
studies related to any school project for which a city, town or district is
authorized to borrow, five years.
SECTION 12. Section 2A of chapter 64C of the General
Laws, as so appearing, is hereby amended by inserting after the word
"safety", in line 13, the following words:- and security, or his
designee
SECTION 13. Section 6
of chapter 64C of the General Laws, as amended by section 2 of chapter 168 of
the acts of 2008, is hereby further amended by striking out the last paragraph
and inserting in place thereof the following paragraph:-
Notwithstanding
section 28, a portion of cigarette excise revenues paid under this section
shall be credited to the Commonwealth Care Trust Fund, established under
section 2OOO of chapter 29. The amount
credited to the Fund in fiscal year 2009 shall be the sum of: (1) all revenues
received in fiscal year 2009 attributable to the inventory tax under chapter
168 of the acts of 2008; and (2) the monthly excess, if any, on cigarette
excise payments received in August 2008 through June 2009 over the cigarette
excise payments received in the same months in the previous fiscal year, less
the amount that the commissioner may reasonably determine equals increased
revenues in 2009 due to cigarette stamp encryption and due to taxation of
little cigars as cigarettes. The amount
credited to the Fund in fiscal year 2010 shall be the monthly excess in
cigarette excise payments received in fiscal year 2010 over cigarette excise
payments received in the same months in fiscal year 2008, less the amounts that
the commissioner may reasonably determine are increased revenues in 2009 due to
cigarette stamp encryption and due to taxation of little cigars as
cigarettes. The amount credited to the
fund in fiscal year 2011 and thereafter shall be the monthly cigarette revenue
received in each such year multiplied by the percentage of cigarette excise
collections in 2010 that were credited to the Fund.
SECTION 14.
Subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter
90 of the General Laws, as so appearing, is hereby amended by striking out the
second paragraph and inserting in place thereof the following paragraph:-
There shall be an
assessment of $250 against a person who, by a court of the commonwealth, is
convicted of, is placed on probation for, or is granted a continuance without a
finding for or otherwise pleads guilty to or admits to a finding of sufficient
facts of operating a motor vehicle while under the influence of intoxicating
liquor, marijuana, narcotic drugs, depressants or stimulant substances under
this section, but $150 of the $250 collected under this assessment shall be
deposited monthly by the court with the state treasurer, who shall deposit it
in the Head Injury Treatment Services Trust Fund, and the remaining amount of
the assessment shall be credited to the General Fund. The assessment shall not
be subject to reduction or waiver by the court for any reason.
SECTION 15. Paragraph (a) of subdivision (2) of said
section 24 of said chapter 90, as so appearing, is hereby amended by striking
out the second paragraph and inserting in place thereof the following
paragraph:-
There shall be an
assessment of $250 against a person who, by a court of the commonwealth, is
convicted of, is placed on probation for or is granted a continuance without a
finding for or otherwise pleads guilty to or admits to a finding of sufficient
facts of operating a motor vehicle negligently so that the lives or safety of
the public might be endangered under this section, but $150 of the $250
collected under this assessment shall be deposited monthly by the court with
the state treasurer, who shall deposit it in the Head Injury Treatment Services
Trust Fund, and the remaining amount of the assessment shall be credited to the
General Fund. The assessment shall not
be subject to reduction or waiver by the court for any reason.
SECTION 16. Section 66 of chapter 109 of the General
Laws, as inserted by section 51 of the chapter 182 of the acts of 2008, is
hereby amended by striking out, in the first sentence, the figure “66” and
inserting in place thereof the following figure:- 65
SECTION 17. Chapter 118G of the General Laws is hereby
amended by inserting after section 39 the following section:-
Section 40. (a). Each
health insurer, including health insurance companies, health maintenance
organizations, hospital service corporations, and medical service corporations,
as defined in section 1, which conducts business in Massachusetts shall pay an
assessment for fiscal year 2009 for deposit into the General Fund for expenses
associated with health care costs. Said assessment shall be based on the net
worth surplus available to health insurance carriers in accordance with
criteria developed by the division of insurance, in consultation with the
division of health care finance and policy. The division of health care finance
and policy shall specify by regulation the method of calculating the
assessment, procedures for payment of the assessment, and requirements for
submission of data by health insurers.
(b) The assessment
established by the division of health care finance and policy for fiscal year
2009 shall not exceed the maximum rate of assessment that the laws of the
United States or any rules, regulations, or standards issued under those laws,
relating to health care assessments will allow without reduction in federal
financial participation. The assessment shall be implemented as a broad-based
health care related fee as defined in 42 U.S.C. section 1396b(w)(3)(B). The
amount of the assessment shall be sufficient in the aggregate to generate
$33,000,000 in fiscal year 2009.
(c) The division shall
establish by regulation an appropriate mechanism for enforcing the assessment
liability under this section in the event that a health insurer does not make a
scheduled payment, but the division may, for the purpose of administrative
simplicity, establish threshold liability amounts below which enforcement may
be modified or waived. This enforcement mechanism may include assessment of
interest on the unpaid liability at a rate not to exceed an annual percentage
rate of 18 per cent and late fees or penalties at a rate not to exceed 5 per
cent per month.
SECTION 18. Subsection (b) of section 188 of chapter 149
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:- This contribution shall be pro-rated by a fraction which
shall not exceed 1, the numerator of which is the number of hours worked in the
quarter by all of the employer's employees and the denominator of which is the
product of the number of employees employed by an employer during that quarter
multiplied by 500 hours.
SECTION 19. Subsection
(d) of said section 188 of said chapter 149 of the General Laws, as so
appearing, is hereby amended by striking out the first sentence and inserting
in place thereof the following 2 sentences:- The director of the division of
unemployment assistance shall determine quarterly each employer's liability for
a fair share contribution. The director shall assess each employer liable for a
fair share contribution in a quarter an amount based on 25 per cent of the
annual fair share contribution rate applicable to that quarterly period and
shall implement penalties for employers who fail to make contributions as
required by this section.
SECTION 20. Section 70
of chapter 156C of the General Laws, as inserted by section 61 of the chapter
182 of the acts of 2008, is hereby amended by striking out, in subsection (b),
the word “demonstrates” and inserting in place thereof the following words:- fails
to demonstrate
SECTION 21. Section 72
of said chapter 156C of the General Laws, as so inserted, is hereby amended by
striking out, in subsection (b), the word “demonstrates” and inserting in place
thereof the following words:- fails to demonstrate
SECTION 22. Section 44 of chapter 85 of the acts of 1994,
as amended by section 76 of chapter 182 of the acts of 2008, is hereby further
amended by inserting after the word “reservation”, in line 45, the following
words:- , Wilbur Farmhouse and Barn at Borderland state park, police station,
dormitory, laundry and waiting room structures at Nantasket Beach reservation,
Caretaker’s Cottage and the Barn at Brookwood Farm in the Blue Hills
reservation, 1 Woodland Road in the Middlesex Fells reservation, Print Shop at
the Brook Farm Historic Site in West Roxbury, Carriage House at Havey Beach in
West Roxbury, CCC Camp in Upton state forest and the Teahouse and Boathouse in
Maudsley state park
SECTION 23. Section 4
of chapter 135 of the acts of 2006 is hereby amended by striking out, in line
3, the words “May 1, 2008” and inserting in place thereof the following words:
- December 1, 2009
SECTION 24. Section 2 of chapter 61 of the acts of 2007
is hereby amended by inserting after item 0330-0317 the following item:-
0330-0338 For the
costs in fiscal year 2008 of salary increases, benefit adjustments and other
employee economic benefits authorized for employees of the supreme judicial
court, the appeals court and the trial court that are covered by the collective
bargaining agreements between the trial court of the commonwealth and the
Office and Professional Employees International Union Local 6 (AFL-CIO),
professional and clerical units and personnel of the trial court employed in
confidential positions who would otherwise be covered by said agreements in
effect for fiscal year 2008 and to meet the costs of providing equal salary
adjustments and other economic benefits to employees who are not otherwise
classified in any such collective bargaining unit of the trial court, the
mental health legal advisors committee, the board of bar examiners and the
commission on judicial conduct, prior appropriation continued .............. $8,187,426
SECTION 25. Item 4000-1420 of section 2 of chapter 61 of
the acts of 2007, as amended by section 5 of chapter 135 of the acts of 2008,
is hereby further amended by striking out the figure “$222,916,047” and
inserting in place thereof the following figure: - $223,218,902
SECTION 26. Section 55
of said chapter 61 of the acts of 2007, as amended by section 4 of chapter 120
of the acts of 2008, is hereby further amended by striking out the figure
“$976,954,249” and inserting in place thereof the following figure: -
$1,045,863,158
SECTION 27. Section 55
of said chapter 61 of the acts of 2007, as amended by section 5 of chapter 120 of the acts of 2008, is hereby
further amended by striking out the figure “$49,600,000” and inserting in place
thereof the following figure: - $113,600,000
SECTION 28. The second
sentence of said section 55 of said chapter 61 of the acts of 2007, as so
amended, is hereby further amended by inserting after the words “Health Safety
Net Trust Fund;” the following words: - provided, that $64,000,000 shall be
paid for a certain public-service hospital operated by the Boston Medical
Center Corporation; and
SECTION 29. Section 2
of chapter 120 of the acts of 2008 is hereby amended by striking out item
0330-0337.
\
SECTION 30. Section 2A
of chapter 130 of the acts of 2008 is hereby amended by striking out the
number“1599-7107” and inserting in place thereof the following number:- 1599-7108
SECTION 31. Chapter 168 of the acts of 2008 is hereby
amended by striking out section 5 and inserting in place thereof the following
2 sections:-
Section 5. Notwithstanding section 4, a retailer
or vending machine operator who did not collect the additional tax specified in
section 1 or a substantially equivalent additional dollar amount, however
designated, from its customers when making retail sales of cigarettes on July
1, 2008 may determine and pay the amount due under section 4 on the basis of
its inventory of cigarettes on hand for sale as of the commencement of business
on July 2, 2008. Any retailer or vending
machine operator determining its tax due under this section shall retain sales
register tapes or other contemporaneous business records to document its retail
sales price for cigarettes both on and immediately before July 1, 2008, and
shall produce such tapes or other business records upon request of the
commissioner.
Section 6. This act shall take effect as of
July 1, 2008.
SECTION 32. Section 90
of chapter 169 of the acts of 2008 is hereby amended by striking out the words
“January 1, 2009, but not later than December 31, 2009”, and inserting in place
thereof the following words:- August 1, 2008, but not later than December 31,
2009
SECTION 33. Item
1750-0102 of section 2 of the chapter 182 of the acts of 2008 is hereby amended by striking out the figure
“1,627,500” and inserting in place thereof the following figure:- 2,833,750
SECTION 34. Item
4000-0300 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by inserting after the words “application submitted through the virtual
gateway;” the following words:- provided further that not less than $500,000 will
be made available for supplemental payments to one or more of the three largest
Medicaid participating licensed non-profit chronic and rehabilitation hospitals
with less than 500 beds, with Medicaid participation measured and ranked by the
number of Medicaid days in the most recently completed fiscal year, but
excluding for purposes of this clause any of such hospitals that are authorized
to receive supplemental payments pursuant to line items 4000-0500 and
4000-0600; provided further, that the executive office shall not reduce the
outpatient rates for any specialty hospital which limits its admissions to
patients under active diagnosis and treatment of the eyes, ears, nose, and
throat, below that which was granted during hospital fiscal year 2005; provided
further, that notwithstanding section 1 of chapter 118G of the General Laws or
any general or special law to the contrary, for fiscal year 2009 the definition
of a ‘pediatric specialty unit’ shall mean an acute care hospital with a burn
center verified by the American Burn Center and the American College of
Surgeons and a level 1 trauma center for pediatrics verified by the American
College of Surgeons or a pediatric unit of an acute care hospital in which the
ratio of licensed pediatric beds to total licensed hospital beds as of July 1,
1994, exceeded 0.20; provided further, that in calculating that ratio, licensed
pediatric beds shall include the total of all pediatric service beds, and the
total of all licensed hospital beds shall include the total of all licensed
acute care hospital beds, consistent with Medicare’s acute care hospital
reimbursement methodology as put forth in the Provider Reimbursement Manual
Part 1, Section 2405.3G; provided further, that in calculating rates of payment
for children enrolled in MassHealth receiving inpatient services at acute care
pediatric hospitals and pediatric subspecialty units as defined in section 1 of
chapter 118G of the General Laws, the executive office shall make a
supplemental payment, if necessary, sufficient to assure that inpatient SPAD
and outlier payments for discharges with a case mix acuity greater than 3.5
shall be at least equal to 85 per cent of the expenses incurred in providing
services to those children; and provided further, that the executive office
shall not reduce the payment rates by no less than 75 per cent for any
specialty hospital which limits its services to patients under active diagnosis
and treatment of cancer below that which was granted in the previous year;
SECTION 35. Item 4000-0300
of said section 2 of said chapter 182 of the acts of 2008 is hereby amended by
striking out the figure “$145,368,773” and inserting in place thereof the
figure:- $153,568,773
SECTION 36. Item
4000-0500 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by inserting after the words “verbal consent to the reassignment;” the
following words:- provided further, that not less than $10,000,000 shall be
expended for disproportionate share payments for inpatient services provided at
pediatric specialty hospitals and units, including pediatric chronic and
rehabilitation long-term care hospitals as allowable under federal law; and
provided further, that $5,950,000 shall be expended on disproportionate share
payments to high public payer hospitals;
SECTION 37. Item
4000-0500 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the figure “$3,121,385,000” and inserting in place
thereof the figure:- $3,139,085,000
SECTION 38. Item
4000-0600 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by inserting after the words “shall be proportionally reduced;” the
following words:- provided further, that notwithstanding any general or special
law to the contrary, the regulations, criteria and standards for determining
admission to and continued stay in a nursing home in fiscal year 2009 shall not
be more restrictive than those regulations, criteria and standards in effect on
January 1, 2004 until the executive office of health and human services and the
executive office of elder affairs submit a multi-year plan to the house and
senate committees on ways and means and the joint committee on health care
financing detailing the suggested timeline for phasing in changes to nursing
home clinical criteria, provided that these changes shall not adversely affect
current nursing home residents and shall not jeopardize the effectiveness of
the 2176 home and community based
waiver;
SECTION 39. Item
4000-0600 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the figure “$2,158,355,058” and inserting in place
thereof the figure:- $2,175,860,000
SECTION 40. Item
4000-0640 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by inserting after the words “collectively-bargained wage increases;”
the following words:- provided further, that the division shall adjust per diem
rates to reflect any reductions in Medicaid utilization;
SECTION 41. Item
4000-0700 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the following words:- “provided further, that not less
that $4,200,000 shall be expended to pay for an increase in Medicaid rates for
community health centers, as defined in section 1 of chapter 118G of the
General Laws” and inserting in place thereof the following language:- provided
further, that not less than $10,000,000 shall be expended to pay for an
increase in Medicaid rates for community health centers, as defined in section
1 of chapter 118G of the General Laws;
SECTION 42. Item
4000-0700 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by inserting after the words “neonatal intensive care unit cases;” the
following words:- provided further, that
not less than $2,000,000 shall be expended to an acute care hospital located in
Holyoke that provides clinical training programs for nurses, allied health
professionals, and technicians through affiliations with community colleges and
private universities; provided further, that not less than $2,000,000 shall be
expended for a grant to a pediatric chronic and rehabilitation long-term care
hospital for which federal financial participation and federal approval need
not be obtained;
SECTION 43. Item
4000-0700 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the figure “$1,535,816,000” and inserting in place
thereof the figure:- $1,539,816,000
SECTION 44. Said section 2 of said chapter 182 of the
acts of 2008 is hereby amended by striking out, in items 4510-0110, 4512-0103,
4512-0200, 4512-0500, 4513-1000, 4513-1002, 4513-1020, 4530-9000, 4580-1000 and 4590-0250, the words
“that no funds shall be expended in the AA object class; provided further”
SECTION 45. Item 4513-1023 of said section 2 of said
chapter 182 of the acts of 2008 is hereby amended by striking out the words
“that no funds shall be expended in the AA object class; and provided further”.
SECTION 46. Item 4590-0300 of said section 2 of said
chapter 182 of the acts of 2008 is hereby amended by striking out the words “;
provided, that no funds shall be expended in the AA object class”
SECTION 47. Item
7006-1003 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the figure “441,404” and inserting in place thereof the
following figure:- 1,087,969
SECTION 48. Item
7007-0900 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the words “provided further, that not less than
$100,000 shall be expended for the marketing, promotion and operation of Sail
Boston 2009” and inserting in place thereof the following words:- provided
further, that not less than $1,100,000 shall be expended for the marketing,
promotion and operation of Sail Boston 2009
SECTION 49. Said item 8100-0002 of said section 2B of
said chapter 182 of the acts of 2008 is hereby amended by striking out the
figure “6,481,181” and inserting in place thereof the following figure:-
7,049,711
SECTION 50. Item
8324-0000 of said section 2 of said chapter 182 of the acts of 2008 is hereby
amended by striking out the words “provided further, that notwithstanding any
general or special law to the contrary, funds scheduled in the PP object class,
pursuant to section 27 of chapter 29 of the General Laws for this item in
fiscal year 2009 shall not be transferred to any other object class in said
fiscal year;”
SECTION 51. Item
8324-0000 of said section 2 of said chapter 182 of the acts of 2008 is hereby
further amended by striking out the words “executive office of public safety”
and inserting in place thereof the following words:- department of fire
services
SECTION 52. Paragraph
(d) of section 88 of said chapter 182 of the acts of 2008 is hereby amended by
inserting after the eighth sentence the following sentence:- All federal
financial participation received for expenditures from the Essential Community
Provider Trust Fund shall be deposited in the General Fund and shall be
available for further appropriation for purposes specified in this paragraph.
SECTION 53. Subsection (e) of said section 103 of said
chapter 182 of the acts of 2008 is hereby amended by striking out the words
“Upon conveyance of the parcel, the” and inserting in place thereof the
following word:- The
SECTION 54. Chapter
182 of the acts of 2008 is hereby amended by striking out section 128 and
replacing it with the following:-
Section 128.
Notwithstanding any general or special law to the contrary and in accordance
with section 13B of chapter 118E of the General Laws, in fiscal year 2007,
$90,000,000 shall be made available from the Commonwealth Care Trust Fund,
established pursuant to section 2OOO of chapter 29 of the General Laws, to pay
for an increase in the Medicaid rates paid to acute hospitals and physicians; but
not less than 15 per cent of the increase shall be allocated to rate increases
for physicians. For fiscal year 2008, an additional $90,000,000, for a total of
$180,000,000, shall be made available from said Commonwealth Care Trust Fund in
accordance with this section, to pay for an increase in the Medicaid rates paid
to acute hospitals and physicians; but not less than 15 per cent of the
increase shall be allocated to rate increases for physicians. In fiscal year
2009, an additional $90,000,000, for a total of $270,000,000, shall be made
available from said Commonwealth Care Trust Fund to pay for an increase in the
Medicaid rates paid to acute hospitals, as defined in section 1 of chapter 118G
of the General Laws, and physicians; but not less than 15 per cent of the
increase shall be allocated to rate increases for physicians. In fiscal year
2008, not more than $20,000,000 of the amounts to be made available to acute
hospitals under this section shall be contingent on hospital adherence to
quality standards and achievement of performance benchmarks, including the
reduction of racial and ethnic disparities in the provision of health care, in
accordance with said section 13B of said chapter 118E, and may be paid in
fiscal year 2009. In fiscal year 2009, not more than $58,000,000 of the amounts
to be made available to acute hospitals under this section shall be contingent
on hospital adherence to quality standards and achievement of performance
benchmarks, including the reduction of racial and ethnic disparities in the
provision of health care, in accordance with said section 13B of said chapter
118E, and may be paid in fiscal year 2010. For fiscal years 2008 and 2009, any
such performance benchmarks shall be determined by the secretary of health and
human services without any limitation, but in consultation with hospitals, the
MassHealth payment policy advisory board and the health care quality and cost
council, and may include measures to be reported by hospitals to the federal
Centers for Medicare and Medicaid Services for Reporting Hospital Quality Data
for Annual Payment Update, to the Joint Commission on Accreditation of
Healthcare Organizations for core measures, or to the MassHealth Program
pursuant to Appendix G of the contract between MassHealth and acute hospitals
for Rate Year 2007 or other nationally-recognized measures that are drawn on
those approved by the National Quality Forum and adopted by the Hospitals
Quality Alliance Performance benchmarks and quality measures related to racial
and ethnic disparities in the provision of health care. The secretary of health
and human services shall, after consultation required by said section 13B of
said chapter 118E, issue final quality standards and performance benchmarks for
use in the hospital fiscal year beginning October 1, 2008. In fiscal year 2009,
not more than $4,200,000 of the amounts to be made available for physician
services under this section shall be contingent on primary care clinician plan
providers’ adherence to quality standards and achievement of performance
benchmarks, and may be paid in fiscal year 2010. For purposes of payments to hospitals
pursuant to this section, “fiscal year” shall mean the hospitals’ fiscal year
and, for purposes of any payments to physicians pursuant to this section,
fiscal year shall mean the state fiscal year.
SECTION 55.
Notwithstanding any general or special law to the contrary, for fiscal year
2009, $5,800,000 of the amounts designated in item 4000-0700 for Medicaid rate
increases for community health centers shall be contingent on community health
center adherence to quality standards and achievement of performance benchmarks
or for infrastructure and system of care development including, but not limited
to, infrastructure and system of care development necessary to enable community
health centers to meet performance standards and achieve benchmarks, and may be
paid in fiscal year 2010.
SECTION 56. There
shall be established a special commission to investigate and study the impact
of the OxyContin and heroin epidemic on state and municipal government, the
substance abuse treatment system and to identify potential strategies to more
effectively cope with said epidemic. The commission shall consist of 3 members
of the senate, 2 of whom shall be appointed by the president of the senate and
1 of whom shall be appointed by the minority leader; 3 members of the house of
representatives, 2 of whom shall be appointed by the speaker of the house and1
of whom shall be appointed by the minority leader; and 5 members to be
appointed by the governor; 1 of whom shall be a representative from the bureau
of substance abuse services; 1 of whom shall be a representative from the
Massachusetts District Attorneys Association; 1 of whom shall be the chair of
the department of psychiatry at the University of Massachusetts Medical School;
1 of whom shall be a representative from the trial court; and 1 of whom shall
be a representative from the department of correction.
Said study shall include, without limitation
a review and analysis of: the total direct and indirect cost to the
commonwealth as a result of substance abuse; the number of repeat
detoxifications on an annual basis; recidivism of those committed in civil
commitment programs for abuse of OxyContin or heroin; modifications to the
civil commitment laws to reflect the long-term neurobiological impact that
OxyContin and heroin abuse has on those addicted; the benefits of long-term
residential programs that are of at least 90 days and how the commonwealth may
transition to such a model; the juncture at which an addicted individual that
is committed for OxyContin or heroin abuse may make competent decisions
relative to his own course of treatment; the implementation of an intensive
case management system in the commonwealth and how other states have
incorporated such a system; the establishment of a system of regional secure
treatment centers; the number of inmates suffering from opiate dependence;
recidivism in the criminal justice system for OxyContin and heroin abuse;
statutory restrictions on parents and families with adolescents addicted to
OxyContin or heroin; the sources of heroin, OxyContin and other prescription
opiates available on the street; enhancements to the commonwealth’s
prescription monitoring program so that the data collected is a preventative
resource for prescribers, law enforcement and treatment professionals; and the
establishment of an outpatient commitment program.
The commission shall consult the department
of public health, the executive office of public safety and security, the trial
court, the department of correction and other entities as appropriate. The
commission shall submit a report of its findings and recommendations, together
with legislation, if any, necessary to implement said recommendations, by
filing the same with the clerks of the house of representatives and the senate,
the joint committee on mental health and substance abuse and the house and
senate committees on ways and means not later than January 1, 2009.
SECTION 57.
Notwithstanding any general or special law to the contrary, in hospital fiscal
year 2009, an acute hospital's liability to the Health Safety Net Trust Fund
under section 37 of chapter 118G of the General Laws shall equal the product of
(1) the ratio of its private sector charges to all acute hospitals' private
sector charges; and (2) $180,000,000. The comptroller shall transfer
$20,000,000 to the Commonwealth Care Trust Fund, established under section 2OOO
of chapter 29 of the General Laws. Said funds shall be available for fiscal
year 2009 expenses associated with health care costs. If these funds are not
required for fiscal year 2009 expenses associated with health care costs, the
funds shall be credited to the acute hospital liability to the Health Safety
Net Trust Fund for fiscal year 2010.
SECTION 58.
Notwithstanding any general or special law to the contrary, all fair share
contribution liability for the period from October 1, 2007 to September 30,
2008 shall be paid not later than June 30, 2009.
SECTION 59. Notwithstanding subsection (k) of section 14G
of chapter 151A of the General Laws or any general or special law to the
contrary, the secretary of labor and workforce development may direct the
comptroller to transfer up to $35,000,000 in 3 separate payments from the
Medical Security Trust Fund, established under subsection (k) of section 14G of
chapter 151A, to the General Fund for expenses associated with health care
costs. The comptroller shall make the
first payment in the amount of $15,000,000 upon the effective date of this
act. The remaining balance, up to
$20,000,000, shall be paid in no more than 2 payments of up to $10,000,000
each, provided that the secretary of labor and workforce development certifies
to the secretary of administration and finance that, based on projections made
by the division of unemployment assistance, sufficient funds remain available
in the Medical Security Trust Fund after said transfer or transfers to meet the
requirements of section 14G of chapter 151A.
SECTION 60. The executive
office of labor and workforce development, working with its division of
unemployment assistance, the executive offices for administration and finance
and of health and human services, and other agencies, shall undertake a study
of the Medical Security Plan program to examine the possibility of long-term
efforts to integrate and align the program with other health insurance programs
offered by the commonwealth in light of the commonwealth’s health care reform
effort.
SECTION 61.
Notwithstanding any general or special law to the contrary, as of June 30,
2008, the comptroller shall transfer $100,000,000 from the General Fund to the
Commonwealth Stabilization Fund.
SECTION 62. The trial court shall work and cooperate with
the district attorneys and the state and municipal police departments to
provide for the efficient management of court appearances by state and
municipal police personnel. The chief justice for administration and management
of the trial court shall convene a working group consisting of representatives
of the justices and clerk-magistrates of the district and municipal courts and
one representative to be designated by each of the following entities: the
executive office of public safety and security, the department of state police,
the Massachusetts Chiefs of Police Association and the Massachusetts District
Attorney’s Association. The working group shall study and make recommendations
to the chief justice concerning the effective methods to schedule, manage and
control court appearances by police personnel to create efficiencies and reduce
police overtime costs. The working group
shall report its recommendations to the chief justice no later than January 31,
2009, and the trial court shall work with the district attorneys and state and
local municipal police departments promptly to implement these recommendations.
SECTION 63.
Notwithstanding any general or special law to the contrary, not less than 10
days after the effective date of this act, the comptroller shall transfer
$118,830,389 from the General Fund to the State Lottery Fund for payments made
to cities and towns during fiscal year 2007.
SECTION 64.
Notwithstanding any general or special law to the contrary, not less than 10
days after the effective date of this act, the comptroller shall transfer not
more than $117,000,000 from the General Fund to the State Lottery Fund for
payments made to cities and towns for fiscal year 2008.
SECTION 65.
Notwithstanding any general or special law to the contrary, the information
technology division may process fiscal year 2007 expenditure refunds not to
exceed $1,200,000 as fiscal year 2008 expenditure refunds in item 1790-0200 of
section 2B of chapter 228 of the acts of 2007, and the amount of this deposit
shall be available for expenditure in fiscal year 2009.
SECTION 66. Section 6 shall take effect as of July 1,
2007.
SECTION 67. Section 11 shall take effect as of January 1,
2008.
SECTION 68. Sections
5, 24, 26, 27, 28, 29, 61, 63, 64 and 65 shall take effect as of June 30, 2008.
SECTION 69. Sections 4, 7, 8, 9, 12, 13, 14, 15, 16, 20,
21, 22 and 31 to shall take effect as of July 1, 2008.
SECTION 70. Sections 18, 19 and 58 shall take effect on
October 1, 2008.
