Outside Sections
Data Current as of:  1/26/2010

Local Aid Distribution

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SECTION 3.    Notwithstanding any general or special law to the contrary, for the fiscal year ending June 30, 2010 the distribution to cities and towns of the balance of the State Lottery Fund, as paid from the General Fund in accordance with clause (c) of the second paragraph of section 35 of chapter 10 of the General Laws, and additional funds from the General Fund shall be $936,376,140 and shall be apportioned to the cities and towns in accordance with this section.
Notwithstanding section 2 of chapter 70 of the General Laws or any other general or special law to the contrary, except for section 12B of chapter 76 and section 89 of chapter 71 of the General Laws, for fiscal year 2010 the total amounts to be distributed and paid to each city and town from item 7061-0008 of section 2 shall be as set forth in the following lists. The specified amounts to be distributed from said item 7061-0008 of said section 2 shall be in full satisfaction of the amounts due under chapter 70 of the General Laws.
Notwithstanding any general or special law to the contrary, the governor may allocate, at his full discretion, funds from the State Fiscal Stabilization Fund established by Title XIV of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 (ARRA); provided further, that said potential allocation is reflected in the following chart in the column entitled "Potential Allocation of Federal Funds from the ARRA State Fiscal Stabilization Fund"; provided further, that the funds set forth in said column are an estimated apportionment and shall not appear on the cherry sheet produced by the department of revenue.
For fiscal year 2010, when calculating the foundation budget for each district, the fiscal year 2009 Chapter 70 aid shall be valued at 98% of fiscal year 2009 aid as outlined in section 3 of chapter 182 of the acts of 2008. The foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2009. For fiscal year 2010, the foundation inflation index shall equal the prior year's foundation inflation index multiplied by the ratio of the value of the implicit price deflator for state and local government purchases in the second quarter of the prior fiscal year to its value in the second quarter of the year 2 years before. The target local share shall be calculated using the same methodology used in fiscal year 2009. Preliminary local contribution shall be the municipality's fiscal year 2009 minimum required local contribution, increased or decreased by the municipal revenue growth factor. The minimum required local contribution for fiscal year 2010 shall be, for any municipality with a fiscal year 2010 preliminary contribution less than its fiscal year 2010 target contribution, the greater of: (a) the fiscal year 2009 minimum required contribution increased by municipal revenue growth factors; but if a municipality's preliminary contribution as a percentage of its foundation budget is more than 5 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 1 percentage point; and if a municipality's preliminary contribution as a percentage of its foundation budget is more than 10 percentage points lower than the target local share, the preliminary contribution shall be recalculated using the municipality's revenue growth factor plus 2 percentage points; or (b) the lesser of 95 per cent of the municipality's fiscal year 2008 actual contribution or the municipality's fiscal year 2010 target contribution. Minimum required local contribution for fiscal year 2010 shall be, for any municipality with a fiscal year 2010 preliminary contribution greater than its fiscal year 2010 target contribution, the preliminary local contribution reduced by 15 per cent of the gap between the preliminary local contribution and the target local contribution. Required local contribution shall be allocated among the districts to which a municipality belongs in direct proportion to the foundation budgets for the municipality's pupils at each of those districts.
Chapter 70 aid for fiscal year 2010 shall be as distributed in fiscal year 2009. If there is a conflict between the language of this section and the distribution listed below, the distribution below shall control.
The department of elementary and secondary education shall not consider health care costs for retired teachers to be part of net school spending for any district in which such costs were not considered part of net school spending in fiscal year 1994.
No payments to cities, towns or counties maintaining an agricultural school pursuant to this section shall be made after November 30 of the fiscal year until the commissioner of revenue certifies acceptance of the prior fiscal year's annual financial reports submitted pursuant to section 43 of chapter 44 of the General Laws. Advance payments shall be made for some or all of periodic local reimbursement or assistance programs to any city, town, regional school district or independent agricultural and technical school that demonstrates an emergency cash shortfall, as certified by the commissioner of revenue and approved by the secretary of the executive office for administration and finance, pursuant to guidelines established by the secretary.

Asian American Commission I

SECTION 4.   Section 68 of chapter 3 of the General Laws, inserted by section 3 of chapter 451 of the acts of 2008, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-

(a) There shall be a permanent commission on the status of citizens of Asian descent to consist of 21 persons as follows: 3 persons to be appointed by the governor; 3 persons to be appointed by the speaker of the house of representatives; 3 persons to be appointed by the president of the senate; 3 persons to be appointed by the state treasurer; 3 persons to be appointed by the state secretary; 3 persons to be appointed by the attorney general; and 3 persons appointed by the state auditor. Members of the commission shall be citizens of the commonwealth who have demonstrated a commitment to the Asian-American community. Members shall be subject to chapter 268A as they apply to special state employees.
 

CORI for Camp Climbing Wall Program Staff

SECTION 5.   **Item was returned for amendment (Attachment C)



Chapter 6 of the General Laws is hereby amended by inserting after section 172J the following section:--



Section 172K. Notwithstanding section 172 or any other general or special law to the contrary, any children's camp or school that plans to employ or accept as a volunteer for a climbing wall or challenge course program, a person who is or has previously been the subject of a record check pursuant to sections 172G, 172H, 172I or section 38R of chapter 71, shall not be required to conduct a second record check by reason of such person's employment or volunteering for a climbing wall or challenge course program, within 12 months of the previous record check. Such camp or school may either simultaneously submit to the criminal history systems board applications for a record check under sections 172G, 172H, 172I or section 38R of chapter 71 and this section, or use the information obtained within the prior 12 months under sections 172G, 172H, 172I or section 38R of chapter 71 for the purpose of the climbing wall or challenge course program. If the camp or school submits simultaneous applications, the criminal history systems board shall conduct the most comprehensive record check required by either application, and the results of such record check shall satisfy the camp or school's obligations to request record information with respect to both job functions. The camp or school may also disseminate information obtained under this section to the department of public safety. The criminal history systems board shall only assess the camp or school 1 fee for simultaneous requests filed pursuant to this section.



Information obtained pursuant to this section shall not be disseminated for any purpose other than to further the protection of children.

 

Statewide Contract Fee

SECTION 6.   Paragraph (a) of section 4A of chapter 7 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- The operational services division may charge and collect from statewide contractors a statewide contract administrative fee, to be established by the executive office for administration and finance; provided, however, that such fee shall not exceed 1 per cent of the total value of a contract awarded to a statewide contractor.
 

Definition for Privitization Contract in Public Construction

SECTION 7.   Section 53 of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the figure "$200,000" and inserting in place thereof the following figure:- $500,000.
 

Multi-Jurisdictional Lottery Games

SECTION 8.   Subsection (a) of section 24A of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The commission is hereby authorized to enter into agreements with one or more states or other jurisdictions, hereinafter referred to as a group, for the purpose of creating and maintaining multi-jurisdictional lottery games; provided, however, that a group agreement shall not include the state lottery games created pursuant to section 24; provided further, that nothing in this section and nothing in a group agreement shall authorize the commission to make expenditures that are not consistent with restrictions on expenditures by the commission provided in any other general or special law.
 

Nantasket Beach Reservation Trust and Commonwealth Transportation Fund

SECTION 9.   Said chapter 10 is hereby further amended by inserting after section 35KK, inserted by section 2 of chapter 422 of the acts of 2008, the following 2 sections:-

Section 35LL. (a) There shall be established and set up on the books of the commonwealth a separate fund to be know as the Nantasket Beach Reservation Trust Fund to be used, without further appropriation, for the preservation, maintenance and safety of Nantasket Beach in the town of Hull. Any balance in the fund at the end of the fiscal year shall not revert to the General Fund, but shall remain available for expenditure in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year.

(b) Notwithstanding any general or special law to the contrary, the department of conservation and recreation shall impose a surcharge of $4 for non-seniors and $2 for seniors upon each fee charged and collected from admission into parking in the Nantasket Beach Reservation. The additional monies collected from the surcharge shall be deposited into the Nantasket Beach Preservation Trust Fund. Expenditures by the trust for public safety shall first be made available to the town of Hull's police, fire, ambulance and emergency personnel. No later than November 30 of each year, a representative from the department of conservation and recreation shall meet with the Hull board of selectmen to discuss the maintenance and safety plan for the next calendar year as well as the balance and expenditures from the Nantasket Beach Reservation Trust Fund.

Section 35MM. There shall be established and placed within the executive office of transportation or any successor agency or authority a separate fund to be known as the Massachusetts Transportation Trust Fund which shall be used for financing transportation-related purposes of the executive office of transportation or any successor agency or authority. The secretary shall be authorized to enter into agreements with the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the regional transit authorities and, for so long as it shall continue to exist, the Massachusetts Turnpike Authority to commit any funds generated from fares, fees, tolls or any other revenue sources including, but not limited to, from federal sources of these authorities to the fund. There shall be credited to the fund all turnpike revenues and other toll and non-toll revenue collected by the department after assumption of the assets, obligations and liabilities of the Massachusetts Turnpike Authority, all tolls collected by the department after transfer of the Maurice J. Tobin Memorial Bridge by the Massachusetts Port Authority to the department, all refunds and rebates made on account of expenditures on ways by the department, any revenues from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund, any gifts, grants, private contributions, investment income earned on the fund's assets, all monies received by the department for the sale or lease of property, all monies received by the department in satisfaction of claims by the department for damage to highway and bridge safety signs, signals, guardrails, curbing and other highway and bridge related facilities, and other receipts of the department. Money remaining in the fund at the end of the year shall not revert to the General Fund.

(b) In addition to those revenues credited to the fund pursuant to subsection (a), beginning in fiscal year 2011, there shall be credited to the Massachusetts Transportation Trust Fund all monies received by the commonwealth equal to .385 percent of the receipts from sales, as defined by chapter 64H of the General Laws, and .385 per cent of the sales price of purchases, as defined by chapter 64I of the General Laws, from that portion of the taxes imposed under said chapters 64H and 64I as excises upon the sale and use at retail of tangible property or of services, and upon the storage, use or other consumption of tangible property, or of services, including interest thereon or penalties, but not including any portion of the taxes that constitute special receipts within the meaning of subsection (b 1/2) of section 10 of chapter 152 of the acts of 1997 or within the meaning of said subsection (b 1/2). If in a fiscal year the amount credited to the Massachusetts Transportation Trust Fund under this paragraph is less than $275,000,000, then the comptroller shall transfer an amount from the General Fund to make up the difference between the amount credited to said fund and $275,000,000, not later than September 1 of the following fiscal year; provided that the comptroller shall make said transfer according to a schedule developed annually by the comptroller in consultation with the secretary of administration and finance and the state treasurer to minimize adverse impact on the commonwealth's cash flow.

The comptroller shall only make transfers from the Massachusetts Transportation Trust Fund to any surface transportation-related authority or to any other fund used by the commonwealth or any such authority for toll and fare mitigation and other transportation-related purposes, as provided in this section.

(c) (i) Annually, beginning in fiscal year 2011, the secretary of the Massachusetts Department of Transportation and the secretary of administration and finance shall issue a written schedule for transfers from the fund to the comptroller and the chairs of the house and senate committees on ways and means at least 30 days in advance of the first proposed scheduled transfer. The secretary of the Massachusetts Department of Transportation and the secretary of administration and finance may amend the schedule upon 30 days advance notice to the comptroller and the chairs of the senate and house committees on ways and means. The schedule issued under this section shall ensure that $100,000,000 shall be transferred to the Massachusetts Turnpike Authority or its successor in interest in each fiscal year and, to provide for and secure this payment obligation, the secretary of administration and finance, on behalf of the commonwealth, shall, with the concurrence of the secretary of transportation and public works, enter into a contract with the authority before July 1, 2009 providing for the payment of that amount to said authority in each fiscal year for the purpose of defraying costs, including debt service on bonds heretofore or hereafter issued by the authority or its successor in interest to finance or refinance improvements to the metropolitan highway system. The term of this contract shall extend until the last fiscal year in which any such bonds issued before the date of the contract are scheduled to mature. These payments may be treated as revenues of the authority or of its successor in interest within the meaning of section 6 of chapter 81A and the authority or its successor in interest may pledge such contract and the rights of the authority or its successor in interest to receive amounts thereunder as security for the payment of the bonds issued before the date of the contract or of any bonds or notes issued by the authority or its successor in interest to refinance those bonds. This contract shall constitute a general obligation of the commonwealth for which the faith and credit of the commonwealth shall be pledged for the benefit of the authority or its successor in interest and of the holders of any bonds or notes secured by a pledge of such contract or of amounts to be received by the authority or its successor in interest under the contract. The payment obligation and contract securing it provided for in this section shall be in addition to the payment obligation provided for under section 12 of chapter 81A and the contract securing it under said section 12.

(ii) The remaining amount transferred under this section shall be distributed to the Massachusetts Bay Transportation Authority and regional transit authorities according the following parameters:

(a) $160,000,000 shall be transferred to the Massachusetts Bay Transportation Authority or any fund controlled by the authority in each fiscal year; and

(b) $15,000,000 shall be transferred to regional transit authorities organized under chapter 161B or predecessor statutes in each fiscal year.

(iii) The comptroller shall only make transfers from the Massachusetts Transportation Trust Fund to any surface transportation-related authority or to any other fund used by the commonwealth or any such authority for toll and fare mitigation and other transportation-related purposes, as provided in this section. The final transfer to any transportation-related authority in a fiscal year shall be not later than two weeks before the end of that fiscal year.

(d) The remaining balance of the fund after compliance with subsection (c) shall be under the control of the executive office of transportation or any successor agency or authority, not subject to appropriation and shall be used as follows:-

(i) For expenditures to meet any debt obligations of the department following the dissolution of the Massachusetts Turnpike Authority and assumption of assets, obligations and liabilities by the department;

(ii) For expenditure by the department for maintaining, repairing, improving and constructing municipal ways and bridges, sidewalks adjacent to such ways and bridges, bikeways and other projects eligible for funding as a transportation enhancement project as described in the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240, salt storage sheds, bikeways and public use off-street parking facilities related to mass transportation, for engineering services and expenses related to highway transportation enhancement and mass transportation purposes, for care, repair, storage, replacement, purchase and long-term leasing of road building machinery, equipment and tools, for the erection and maintenance of direction signs and warning signs and for necessary or beneficial improvements to unpaved municipal ways together with any money which any municipality may appropriate for such purposes to be used on the same ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities. Such engineering services, including surveying services, shall only be performed by architectural, engineering or surveying firms prequalified by the department; provided, however, that a municipality may seek a waiver of this requirement from the department if the municipality demonstrates to the satisfaction of the department that it is cost prohibitive to use a prequalified firm. Such ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities shall remain municipal ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities. The department shall withhold or withdraw the unexpended balance of any funds assigned by it under this clause if the municipality fails to comply with the official standards for traffic control established by the department or with any provision of a traffic control agreement negotiated between the department and the municipality, as required by the United States Secretary of Commerce under section 109 of Title 23 of the United States Code;

(iii) For expenditure by the department for maintaining, repairing and improving state highways and bridges in the state highway system designated parkways and for the turnpike and the metropolitan highway system managed by the Massachusetts Turnpike Authority until its dissolution ;

(iv) For expenditure by the department, in addition to federal aid payments received under section 30 of chapter 81, for construction of state highways;

(v) For expenditure by the department for engineering services and expenses, for care, repair, storage, replacement and purchase of road building machinery and tools, for snow removal, for the erection and maintenance of direction signs and warning signs, for the care of shrubs and trees on state highways and for expenses incidental to the foregoing or incidental to the purposes specified in clause (b), (c) or (d);

(vi) For expenditure for the operations of the department and any divisions thereof;

(vii) For expenditure by the department for infrastructure improvements to transportation facilities throughout the commonwealth;

(viii) For regional expenditure by the department for highway division projects in the 5 geographic regions of the commonwealth consistent with the boundaries of the 5 highway division districts as existing on July 1, 2009;

(ix) For expenditure for highway field services and transportation support programs including, but not limited to, state police highway patrols and accident teams; and

(x) For any other expense of the department necessary to carry out its purposes.
 

Operating Under the Influence Surcharge

SECTION 10.   Section 59 of said chapter 10, as appearing in the 2006 Official Edition, is hereby amended by inserting after the figure "90", in line 4, the following words:- , sections 8 and 34 of chapter 90B.
 

Attorney General Represents the Turnpike Authority

SECTION 11.   Section 3 of chapter 12 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

The Massachusetts Turnpike Authority, or any successor in interest, shall enter into a memorandum of understanding with the attorney general through which the authority shall provide payment to the attorney general of all direct and indirect costs of the attorney general's representation of the authority, and the attorney general may retain and expend such funds without further appropriation for the purpose of defraying such costs.
 

Apprentice ID Cards

SECTION 12.   Chapter 23 of the General Laws is hereby amended by striking out section 11W, as so appearing, and inserting in place thereof the following section:-

Section 11W. The deputy director shall require each apprentice entering into a written agreement pursuant to this chapter to submit an application to the division for an apprentice identification card. Such application shall be accompanied by a $35 fee paid by the apprentice or the program sponsor, together with photographic prints as required by the deputy director. The apprentice identification card shall expire 1 year from the date of issue. Application for renewal of such card shall be submitted to the division and shall be accompanied by a fee of $35 paid by the apprentice or the program sponsor. The funds shall be received by the state treasurer on behalf of the commonwealth and deposited in a special trust account for the division and may be expended, without further appropriation, under the direction of the deputy director. An apprentice identification card shall contain the photograph of the apprentice; the apprentice registration number or such other number as the deputy director requires; the date on which the apprentice identification card expires; the name and business address of the appropriate apprenticeship committee or single employer sponsor; the steps of progression and related dates applicable to the apprentice and the projected date on which the apprentice is projected to complete the apprenticeship. As a condition of apprenticeship, the apprentice shall keep the apprentice identification card on his person during all hours of employment during the apprenticeship
 

Location of Emergency Housing Assistance Program

SECTION 13.   The first paragraph of section 30 of chapter 23B of the General Laws, as appearing in section 37 of chapter 4 of the acts of 2009, is hereby amended by inserting after the second sentence the following sentence:- The department shall administer the program throughout the commonwealth at locations that are geographically convenient to families who are homeless or at-risk of homelessness and shall administer the program in a fair, just and equitable manner.
 

Emergency Housing Assistance Qualifications

SECTION 14.   The second paragraph of paragraph (B) of said section 30 of said chapter 23B, as so appearing, is hereby further amended by striking out the first sentence and inserting in place thereof the following 2 sentences: Emergency housing assistance shall be denied to a family who, at any time within 1 year immediately prior to the filing of an application for emergency assistance, has depleted, assigned or transferred real or personal property that would have rendered such family ineligible for assistance if the depletion, transfer or assignment was not reasonable at the time or was not for good cause reasons. For purposes of the preceding sentence, good cause reasons shall include, but not be limited to, that the funds were expended for necessary or reasonable costs of living such as rent, utilities, food, health related needs, education related expenses or transportation.
 

Benefits Available Under Emergency Housing Assistance

SECTION 15.   The first sentence of the second subparagraph of paragraph (C) of said section 30 of said chapter 23B, as so appearing, is hereby amended by striking out the words "any benefits" and inserting in place thereof the following words: - any non-shelter benefits.
 

Location of Hearing for Emergency Housing Assistance

SECTION 16.   Paragraph (F) of said section 30 of said chapter 23B, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph: -

A hearing held pursuant to this section shall be conducted by a hearing officer designated by the hearings manager and shall be conducted as an adjudicatory proceeding under chapter 30A. The department shall offer the person appealing the option to hold the hearing: (a) such that the hearing officer, person appealing and department representatives shall be in 1 location for the hearing and such location shall be convenient to the person appealing; (b) telephonically; or (c) through other available means such as videoconferencing. The person appealing shall have the right to choose among these options. No employee shall review, interfere with, change or attempt to influence any hearing decision by a hearing officer. The hearings manager shall be responsible for the fair and efficient operation of the division in conformity with state and federal laws and regulations and may review and discuss with the hearing officers such decisions solely in order to carry out this responsibility. The hearing manager shall be responsible for the training of hearing officers, scheduling of hearings and the compilation of decisions. The hearings manager may grant a request by the person appealing for a remand of the decision to the hearings officer who made the initial decision or another hearings officer for reconsideration of an initial decision. The final decision of the hearing officer shall be the decision of the department.
 

Economic Stabilization Trust

SECTION 17.   Section 8 of chapter 23D of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be in the executive office of housing and economic development, but not subject to its jurisdiction, an economic stabilization trust which shall be administered by the secretary of the executive office of housing and economic development.
 

Clarify Title for Secretary of Housing and Economic Development

SECTION 18.   Section 9 of said chapter 23D, as so appearing, is hereby amended by striking out, in lines 2 to 4, inclusive, the words "director of economic development and director of labor and workforce development" and inserting in place thereof the following words:- secretary of the executive office of housing and economic development or his designee, the secretary of the executive office of labor and workforce development or his designee.
 

Economic Stabilization Trust II

SECTION 19.   Said chapter 23D is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-

Section 10. The offices of the trust shall be located within the executive office of housing and economic development. The secretary of the executive office of housing and economic development, in consultation with the trustees, shall appoint an executive director of the trust. The executive director shall serve as the chief executive, administrative and operational officer of the trust, shall attend meetings of the trust and shall direct the resources and staff of the program to achieve the purposes of sections 8 to 16, inclusive.
 

Gas and Electric Utility Assessment Increase

SECTION 20.   Subsection (c) of section 11H of chapter 25A of the General Laws is hereby amended by striking out the second, third, and fourth sentences, as appearing in the 2008 Official Edition, and inserting in place thereof the following 2 sentences:- The assessment shall not exceed an amount equal to 3.75 per cent of the total annual mandatory charge collected by each utility company under section 19 of chapter 25 in the case of electric companies, or 3.75 per cent of the efficiency budgets as approved by the department of public utilities or otherwise required by law in the case of gas companies, as applicable. Assessments made under this section shall be charged by the utility companies against the revenues so collected under section 19 of chapter 25 or as the revenues are approved by the department of public utilities or otherwise required by law, as applicable.
 

Commonwealth Transportation Fund

SECTION 21.   **Item was returned for amendment (Attachment D)



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



Section 2ZZZ. (a)There shall be established and set up on the books of the commonwealth a separate fund to be known as the Commonwealth Transportation Fund which shall be used exclusively for financing transportation-related purposes. There shall be credited to the fund all fees received by the registrar of motor vehicles pursuant to section 34 of chapter 90, all receipts paid into the treasury of the commonwealth and directed to be credited to the Commonwealth Transportation Fund pursuant to chapters 64A, 64E, 64F and any other applicable general or special law and all amounts appropriated into the fund by the general court. The fund shall be subject to appropriation and shall be used for transportation related expenses of the executive office of transportation or any successor agency or authority, including to pay or reimburse the General Fund for payment of debt service on bonds issued by, or otherwise payable pursuant to a lease or other contract assistance agreement by, the commonwealth for transportation purposes.



(b) Notwithstanding subsection (a), the crediting of receipts from the tax imposed pursuant to chapter 64A to the fund shall not affect the obligations of the commonwealth relating to notes issued pursuant to sections 9 to 10D, inclusive, of chapter 11 of the acts of 1997 and the pledge of receipts from the portion of the tax per gallon imposed pursuant to said chapter 64A equal to 10 cents per gallon, to secure the payment of such bonds under the circumstances described in the trust agreements relating to such notes is hereby ratified and confirmed in all respects and shall remain in full force and effect as long as any such notes issued as of July 1, 2009 remain outstanding in accordance with their terms and secured by funds in the fund.

 

Captial Gains Transfer to the Commonwealth Stabilization Fund

SECTION 22.   **Item was returned for amendment (Attachment E)



Chapter 29 of the General Laws is hereby amended by inserting after section 5F the following section:-



Section 5G. Notwithstanding any general or special law to the contrary, the department of revenue shall report by September 30 to the state comptroller, the executive office for administration and finance and the house and senate committees on ways and means the amount collected from capital gains revenue in the previous fiscal year; provided, however, that beginning October 31 and quarterly thereafter the department of revenue shall, within 15 days, certify to the state comptroller the amount collected in capital gains revenues for the previous quarter. The department of revenue shall certify by October 31, beginning in fiscal year 2010, the amount of actual receipts of capital gains for the previous fiscal year and the comptroller shall transfer 50 per cent of the growth in capital gains revenue that exceeds the amount collected during the previous fiscal year to the Commonwealth Stabilization Fund established by section 2H; provided, however, that said transfer shall be made prior to the certification of the consolidated net surplus for the previous fiscal year as provided in section 5C; provided further, that 2 percent of any amount transferred to the Commonwealth Stabilization Fund under this section shall then be transferred from the Commonwealth Stabilization Fund to the State Retiree Benefits Trust Fund.

 

Pension Funding Triennial Schedule

SECTION 23.   Subdivision (1) of section 22C of chapter 32 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

Notwithstanding any general or special law to the contrary, appropriations or transfers made to the Commonwealth's Pension Liability Fund in fiscal years 2009 to 2011, inclusive, shall be made in accordance with the following funding schedule: $1,314,396,000 in fiscal year 2009, $1,376,619,000 in fiscal year 2010 and $1,441,811,000 in fiscal year 2011.
 

Reduction Of Property Tax Liability In Exchange For Volunteer Services

SECTION 24.   Section 5K of chapter 59 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the figure "$750" and inserting in place thereof the following figure:- $1,000
 

Telecomm Assessment Fees

SECTION 25.   Clause Fifth of section 18 of said chapter 59, as so appearing, is hereby amended by adding the following 2 sentences:- Poles, underground conduits, wires and pipes of telecommunications companies laid in or erected upon public or private ways and property shall be assessed to their owners in the cities or towns where they are laid or erected. For purposes of this clause, telecommunications companies shall include cable television, internet service, telephone service, data service and any other telecommunications service providers.
 

Federal Stimulus Decoupling I

SECTION 26.   Section 1 of chapter 62 of the General Laws, as so appearing, is hereby amended by inserting after the figure "72", in line 8, the following figure:- , 139C.
 

Federal Stimulus Decoupling II

SECTION 27.   Paragraph (1) of subsection (d) of section 2 of said chapter 62, as so appearing, is hereby amended by adding the following paragraph:-

(P) The deduction described in section 163(e)(5) of the Code to the extent increased by amendments to section 163(e)(5)(F) and section 163(i)(1) inserted by section 1232 of the American Recovery and Reinvestment Act of 2009.
 

Modification of Film Credit - 1

SECTION 28.   Subsection (l) of section 6 of chapter 62 of the General Laws, as so appearing amended by sections 1 to 4, inclusive, of chapter 63 of the acts of 2007, is hereby further amended by adding the following paragraph:-

(8) Notwithstanding any other provision of this section, aggregate salary and compensation amounts including all per diems, housing and other allowances, paid to, or for the services of, an individual shall not qualify for the credit under this subsection or for the credit under section 38X of chapter 63 to the extent that such amounts exceed $2,000,000.
 

Tax Changes

SECTION 29.   The first sentence of paragraph (4) of subsection (o) of said section 6 of said chapter 62, as appearing in section 3 of chapter 310 of the acts of 2008, is hereby amended by striking out the figure "90" and inserting in place thereof the following figure:- 100
 

Tax Changes

SECTION 30.   Section 6L of said chapter 62 is hereby amended by striking out subsections (a) and (b), as amended by section 4 of said chapter 310, and inserting in place thereof the following 2 subsections:-

(a) This section shall apply to credits earned under subsection (l) of section 6.

(b) At the written election of a taxpayer entitled to a credit under subsection (l) of section 6, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of the credits.
 

Transparency of Tax Credit Results

SECTION 31.   Item was returned for amendment (Attachment F)



Chapter 62C of the General Laws is hereby amended by striking out section 1, as appearing in the 2006 Official Edition, and inserting in place thereof the following section:-



Section 1. As used in the chapter, the following words shall, unless the context requires otherwise, have the following meanings:-



"Administering agency head", the agency head responsible for administering the applicable state tax credit program.



"Average salary", the total Massachusetts gross salary of a group of Massachusetts employees divided by the number of Massachusetts employees in the group.



"Building contractor", any general contractor, subcontractor or repairman who is engaged in the business of constructing or improving real property.



"Code", the Internal Revenue Code of the United States in effect on July 1, 1983.



"Commissioner", the commissioner of revenue.



"Full-time employee", a person who is employed for consideration for at least 35 hours per week and whose salary is subject to withholding as provided in chapter 62B.



"Materialman", a person primarily engaged in the retail sale of building material, tools and equipment to building contractors for the improvement of real property and authorized by law to file a mechanics lien upon real property for improvements related to the property. For the purposes of this definition, "primarily engaged" shall mean sales of 50 per cent or more of total sales to building contractors.



"Part-time employee", a person who is employed for consideration for less than 35 hours a week and whose salary is subject to withholding as provided in chapter 62B.



"Promoter", a person who, either directly or indirectly, rents, leases or grants a license to use space to any person for the display for sale or for the sale of tangible personal property subject to tax under chapter 64H, at more than 3 shows during the calendar year, or who operates more than 3 shows during the calendar year. For purposes of determining whether 3 shows have been held, the conduct of an activity described in the definition of "Show" on 1 day alone or on a series of up to 7 consecutive days shall be deemed to constitute a single show.



"Show", a flea market, craft show, antique show, coin show, stamp show, comic book show fair and any similar show, whether held regularly or of a temporary nature at which more than 1 vendor displays for sale or sells tangible personal property subject to tax.



"Tax", any tax, excise, interest, penalty, or addition to tax imposed by this chapter or the statutes referred to in section 2.



"Tax credit program", one of the following credits against the state income tax to stimulate economic development and other policy goals: the brownfields tax credit established by subsection (j) of section 6 of chapter 62 and section 38Q of chapter 63; the dairy farmer tax credit established by subsection (o) of section 6 of chapter 62 and section 38Z of chapter 63; the FDA user fees credit established by subsection (n) of section 6 of chapter 62 and section 31M of chapter 63; the film tax credit established by subsection (l) of section 6 of chapter 62 and subsection (b) of section 38X of chapter 63; the historic rehabilitation tax credit established by section 6J of chapter 62 and section 38R of chapter 63; the life sciences investment tax credit established by subsection (m) of section 6 of chapter 62 and section 38U of chapter 63; the low-income housing tax credit established by section 6I of chapter 62 and section 31H of chapter 63; the medical device tax credit established by section 6½ of chapter 62 and section 31L of chapter 63; and the refundable research credit established by subsection (j) of section 38M of chapter 63.

 

Meals Excise Tax I

SECTION 32.   Section 16 of said chapter 62C, as so appearing, is hereby amended by striking out, in line 62 the words "sixty-four H or sixty-four I" and inserting in place thereof the following words:- 64H, 64I or 64L.
 

Tax Return for Direct Broadcast Satellite Service Provider

SECTION 33.   Said section 16 of said chapter 62C, as amended by section 20 of chapter 182 of the acts of 2008, is hereby amended by adding the following subsection:-

(l) Every direct broadcast satellite service provider subject to taxation under section 2 of chapter 64M shall, on or before the twentieth day of each calendar month, file a return with the commissioner stating the gross revenues derived by the direct broadcast satellite service provider during such month from the provision of direct broadcast satellite service and such other information as the commissioner may deem necessary.
 

Allowing Tax Disclosure for Local Option Tax & Tax Credit Transparency

SECTION 34.   Subsection (b) of section 21 of said chapter 62C, as most recently amended by section 8 of chapter 205 of the acts of 2008, is hereby further amended by adding the following 2 clauses:-

(24) the disclosure of information necessary to comply with the reporting requirements of section 88,

(25) the disclosure of information necessary for administration of the local option tax imposed pursuant to section 3A of chapter 64G and chapter 64L.
 

Direct Broadcast Satellite Service Providers I

SECTION 35.   Section 25 of said chapter 62C, as appearing in the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- A distributor, unclassified importer, unclassified exporter or purchaser referred to in section 1 of chapter 64A, a stamper appointed under section 30 of chapter 64C, a user-seller or supplier of special fuels, as defined in section 1 of chapter 64E, a motor carrier required to be licensed under chapter 64F, an operator required to register under chapter 64G, a vendor required to register under chapter 64H or 64I, a user-seller or supplier of aircraft fuel, as defined in section 1 of chapter 64J, a direct broadcast satellite service provider as defined in section 1 of chapter 64M and a licensee referred to in section 21 of chapter 138 shall keep and preserve suitable records of taxable charges and such other books, papers, records and data as the commissioner may require to determine the amount of the tax due under the those respective chapters.
 

Meals Excise Tax II

SECTION 36.   Section 31A of said chapter 62C, as so appearing, is hereby amended by striking out, in line 5, the words "or section 17 of chapter 64I" and inserting in place thereof the following words:- section 17 of chapter 64I or section 6 of chapter 64L.
 

Direct Broadcast Satellite Service Providers II

SECTION 37.   Section 37 of said chapter 62C, as so appearing, is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

If such person is an operator as defined in section 1 of chapter 64G, a vendor as defined in section 1 of chapter 64H or section 1 of chapter 64I or a direct broadcast satellite service provider as defined in section 1 of chapter 64M who has collected such tax, no actual refund of money shall be made to such person until he establishes to the satisfaction of the commissioner, under such regulations as the commissioner may prescribe, that he has repaid to the purchaser the amount for which the application for refund is made.
 

Direct Broadcast Satellite Service Providers III

SECTION 38.   Section 66 of said chapter 62C, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The commissioner may require a person required to be licensed or registered under chapters 64A to 64C, inclusive, chapters 64E to 64J, inclusive, or chapter 64M or subject to taxation under section 21 of chapter 138, to file with him a bond, satisfactory to the commissioner, in such amount as the commissioner may determine, with a surety company authorized to transact business in the commonwealth as surety, to secure the payment of any tax, including any interest and penalties thereon, due or which may become due from such person under said chapters; provided, however, that the amount of such bond required from a vendor under chapter 64H or 64I shall not exceed the amount which the commissioner shall determine to be such vendor's average tax liability for a 6-month period.
 

Direct Broadcast Satellite Service Providers IV

SECTION 39.   Section 67 of said chapter 62C, as most recently amended by section 31 of chapter 182 of the acts of 2008, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Each vendor as defined in chapter 64H or 64I and each operator as defined in chapter 64G who desires to obtain a certificate of registration as required by said chapters 64G, 64H or 64I and each person who desires to obtain a license as a distributor, unclassified importer or unclassified exporter as defined in chapter 64A, as a manufacturer, wholesaler, vending machine operator, unclassified acquirer, transportation company, retailer, cigar distributor or cigar retailer as defined in chapter 64C, as a user-seller, supplier or user of special fuels as defined in chapter 64E, as a motor carrier as defined in chapter 64F, as a user-seller or supplier of aircraft fuel as defined in chapter 64J or as a direct broadcast satellite service provider as defined in chapter 64M shall file with the commissioner an application in such form as the commissioner prescribes, giving such information as the commissioner requires; provided, however, if the application is for a wholesaler's license as defined in said chapter 64C, the commissioner shall require, in addition to such other information as may be deemed necessary, the filing of affidavits from 3 licensed manufacturers as defined in said chapter 64C, stating that the manufacturer will supply the wholesaler if the applicant is granted a license.
 

Tax Credit Provisions

SECTION 40.   ** Item was retuned for amendment (Attachment F)



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



Section 88. (a) (1) Each administering agency head shall annually submit a report, no later than March 1, to the commissioner on each tax credit program authorized for the previous calendar year, hereinafter known as the report, which shall be a public record made available on a government internet website for public disclosure.



(2) The report shall contain the following information:



(i) the number of taxpayers authorized by the administering agency head to receive a tax credit;



(ii) the type and amount of the tax credit awarded to each industry;



(iii) the date that the tax credit was awarded; and



(iv) an aggregate summary of the employment data, by industry, provided by each taxpayer pursuant to subsection b.



(3) The report shall include, for the previous calendar year, an analysis of the benefits received by the commonwealth relevant to the specific goals of the tax credit program, the impact of the tax credit program on preserving, promoting and growing employment in the relevant industry in the commonwealth and any other benefits received as a result of the tax credit program.



(4) The report shall include the following information relevant to the specific tax credit programs:



(i) for the brownfields tax credit, an analysis of the impact of the brownfields tax credit program on the cleanup and development of contaminated properties;



(ii) for the dairy farmer tax credit, an analysis of the impact of the dairy farmer tax credit on preserving dairy farms and dairy farm employment including, but not limited to, an analysis of the dairy product output and the number and size in acreage of dairy farms receiving a dairy farm credit;



(iii) for the U.S.F.D.A. user fees credit, life sciences investment tax credit and the refundable research credit, an analysis of the impact of the program on preserving and increasing economic development and infrastructure for the calendar year;



(iv) for the film tax credit, an analysis of the impact of the film tax credit program on preserving or increasing film industry jobs and other benefits of the program;



(v) for the historic rehabilitation tax credit, an analysis of the impact of the program on preserving historic structures and other benefits of the program including, but not limited to, the employment created for the calendar year;



(vi) for the low-income housing tax credit, an analysis of the impact of the program on preserving or increasing low-income housing and other benefits of the program including, but not limited to, the number of low-income housing units placed in service for the calendar year; and



(vii) for the medical device tax credit, an analysis of the impact of the medical device tax credit program on preserving or increasing medical device industry jobs and other benefits of the program.



(b) Each taxpayer receiving a tax credit from a tax credit program shall annually report, no later than February 15, a statement of jobs to the administering agency head which shall contain the following information:



(i) the number of full-time employees working for the taxpayer on the date the administering agency head authorized the tax credit, the number of full-time employees working for the taxpayer on December 31 of each calendar year that the tax credit is applied and the average salary of such employees;



(ii) the number of part-time employees working less than 35 hours but more than 20 hours per week for the taxpayer on the date the administering agency head authorized the tax credit, the number of such employees working for the taxpayer on December 31 of each calendar year that the tax credit is applied and the average salary of such employees;



(iii) the number of part-time employees working 20 hours per week or less for the taxpayer on the date the administering agency head authorized the tax credit, the number of such employees working for the taxpayer on December 31 of each calendar year that the tax credit is applied and the average salary of such employees; and



(iv) any other information required by the administering agency head to assist the agency head in assessing the economic and employment impact of the tax credit program on the commonwealth and in the relevant industry and otherwise in meeting the goals of the relevant tax credit program.

 

Federal Stimulus Decoupling V

SECTION 41.   The definition of "Gross income" in section 1 of chapter 63 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- Gross income shall be determined without regard to section 108(i) of the Code.
 

Federal Stimulus Decoupling IV

SECTION 42.   The definition of "Net income" in said section 1 of said chapter 63, as so appearing, is hereby amended by striking out clauses (d) and (e) and inserting in place thereof, the following 3 clauses:-

(d) the deduction allowed by section 168 (k) of the Code;

(e) the deduction allowed by section 199 of the Code; or

(f) the deduction described in section 163(e)(5) of the Code, to the extent increased by amendments to section 163(e)(5)(F) and section 163(i)(1) of the Code, inserted by section 1232 of the American Recovery and Reinvestment Act of 2009.
 

Federal Stimulus Decoupling V

SECTION 43.   Paragraph 3 of section 30 of said chapter 63, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Gross income shall be determined without regard to section 108(i) of the Code.
 

Federal Stimulus Decoupling VI

SECTION 44.   Paragraph 4 of said section 30 of said chapter 63, as so appearing, is hereby amended by adding the following clause:-

(vii) the deduction described in section 163(e)(5) of the Code to the extent increased by amendments to section 163(e)(5)(F) and section 163(i)(1) of the Code, inserted by section 1232 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5.
 

Tax Credits

SECTION 45.   Section 32E of said chapter 63, as amended by section 5 of chapter 310 of the acts of 2008, is hereby further amended by striking out subsections (a) and (b) and inserting in place thereof the following two subsections:-

(a) This section shall apply to credits earned under section 38X.

(b) At the written election of a taxpayer entitled to a credit under section 38X, the commissioner shall apply the credit against the liability of the taxpayer as determined on its return, as first reduced by any other available credits, and shall then refund to the taxpayer 90 per cent of the balance of the credits.
 

Modification of Film Credit - 2

SECTION 46.   Section 38X of said chapter 63, inserted by section 82 of chapter 173 of the acts of 2008, is hereby amended by adding the following subsection:-

(g) Notwithstanding any other provision of this section, aggregate salary and compensation amounts including all per diems, housing and other allowances, paid to, or for the services of, an individual shall not qualify for the credit under this section or for the credit under subsection (l) of section 6 of chapter 62 to the extent that such amounts exceed $2,000,000.
 

Tax Changes

SECTION 47.   The first sentence of subsection (d) of section 38Z of said chapter 63, as appearing in section 6 of said chapter 310 of the acts of 2008, is hereby amended by striking out the figure "90" and inserting in place thereof the following figure:- 100.
 

Federal Stimulus Decoupling VII

SECTION 48.   Section 52A of said chapter 63, as appearing in the 2006 Official Edition, is hereby amended by inserting after the word "exclusion", in lines 27 and 28, the following words:- and without regard to section 108(i) of the Code.
 

Federal Stimulus Decoupling VIII

SECTION 49.   Paragraph (b) of subsection (1) of said section 52A of said chapter 63, as so appearing, is hereby amended by striking out clauses (iv) and (v) and inserting in place thereof the following 3 clauses:-

(iv) the deduction allowed by section 168(k) of the Code,

(v) the deduction allowed by section 199 of the Code, and

(vi) the deduction described in section 163(e)(5) of the Code, to the extent increased by amendments to section 163(e)(5)(F) and section 163(i)(1) of the Code, inserted by section 1232 of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5.
 

Room Occupancy Excise Tax Exemptions

SECTION 50.   The first paragraph of section 2 of chapter 64G of the General Laws, as so appearing, is hereby amended by striking out clause (b) and inserting in place thereof the following clause:- (b) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that this exemption shall not apply to accommodations provided by any such institution at a hotel or motel operated by the institution.
 

Local Room Occupancy Excise Tax I

SECTION 51.   Section 3A of said chapter 64G, as so appearing, is hereby amended by striking out, in line 5, the word "four" and inserting in place thereof the following figure:- 6
 

Local Room Occupancy Excise Tax II

SECTION 52.   Said section 3A of said chapter 64G, as so appearing, is hereby further amended by striking out, in line 10, the figure "4.5 " and inserting in place thereof the following figure:- 6.5
 

Sales Tax Increase

SECTION 53.   Section 2 of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words "five percent" and inserting in place thereof the following words:- 6.25 per cent.
 

Sales Tax II

SECTION 54.   Said chapter 64H is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-

Section 4. For the purpose of adding and collecting the tax imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the tax computation shall be carried to the third decimal place and it shall be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the tax due on a transaction on an item or an invoice basis.
 

Removing Tax Exemption for Sale of Alcoholic Beverages

SECTION 55.   Section 6 of said chapter 64H, as so appearing, is hereby amended by striking out, in lines 71 to 72, the words "sixty-four F and one hundred and thirty-eight" and inserting in place thereof the following words:- and 64F.
 

Increase to Sales Tax I

SECTION 56.   Section 30A of said chapter 64H, as so appearing, is hereby amended by striking out, in lines 5, 7, 14 and 18, the word "five" and inserting in place thereof, in each instance, the following figure:- 6.25.
 

Sales Tax III

SECTION 57.   Section 2 of chapter 64I of the General Laws, as so appearing, is hereby amended by striking out, in line 6, the words "five percent" and inserting in place thereof the following words:- 6.25 per cent.
 

Formula for Sales Tax

SECTION 58.   Said chapter 64I is hereby further amended by striking out section 5, as so appearing, and inserting in place thereof the following section:-

Section 5. For the purposes of adding and collecting the tax imposed by this chapter to be paid to the commonwealth or to be reimbursed to the seller by the purchaser, the tax computation shall be carried to the third decimal place and it shall be rounded to a whole cent, rounding up to the next cent whenever the third decimal place is greater than 4. A seller may elect to compute the tax due on a transaction on an item or an invoice basis.
 

Increase to Sales Tax II

SECTION 59.   Section 31A of said chapter 64I, as so appearing, is hereby amended by striking out, in lines 5, 7, 14 and 18, the word "five" and inserting in place thereof, in each instance, the following figure:- 6.25.
 

Excise on Meals

SECTION 60.   The General Laws are hereby amended by inserting after chapter 64K the following chapter:-

CHAPTER 64L.

LOCAL OPTION MEALS EXCISE

Section 1. As used in this chapter, the following words shall have the meaning assigned to them in paragraph (h) of section 6 of chapter 64H: "honor snack tray'', "meals'' and "restaurant''.

"Commissioner", the commissioner of revenue.

"Sale", a sale of meals by a restaurant for any purpose other than resale in the regular course of business.

"Vendor", shall have the meaning assigned to it in section 1 of chapter 64H.

Section 2. (a) A city or town which accepts this section in the manner provided in section 4 of chapter 4 may impose a local sales tax upon the sale of restaurant meals originating within the city or town by a vendor at a rate of .75 per cent of the gross receipts of the vendor from the sale of restaurant meals. No excise shall be imposed if the sale is exempt under section 6 of chapter 64H. The vendor shall pay the local sales tax imposed under this section to the commissioner at the same time and in the same manner as the sales tax due to the commonwealth.

(b) All sums received by the commissioner under this section shall, at least quarterly, be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has accepted this section in proportion to the amount of the sums received from the sales of restaurant meals in that city or town. Any city or town seeking to dispute the commissioner's calculation of its distribution under this subsection shall notify the commissioner, in writing, not later than 1 year from the date the tax was distributed by the commissioner to the city or town.

(c) This section shall take effect in a municipality on the first day of the calendar quarter following 30 days after its acceptance by the municipality or on the first day of a later calendar quarter that the city or town may designate.

(d) Notwithstanding any provisions in section 21 of chapter 62C to the contrary, the commissioner may make available to cities and towns any information necessary for administration of the excise imposed by this section including, but not limited to, a report of the amount of local option sales tax on restaurant meals collected in the aggregate by each city or town under this section in the preceding fiscal year, and the identification of each individual vendor collecting local option sales tax on restaurant meals collected under this chapter.

Section 3. Except as provided herein, a sale of a meal by a restaurant is sourced to the business location of the vendor if (1) the meal is received by the purchaser at the business location of the vendor or (2) if the meal is delivered by the vendor to a customer, regardless of the location of the customer. A vendor with multiple business locations in the commonwealth must separately report sales sourced to each location in a manner prescribed by the commissioner. Restaurant meal delivery companies that purchase meals for resale must source their sales to the delivery location indicated by instructions for delivery to the purchaser and shall separately report sales by municipality in a manner prescribed by the commissioner. The commissioner may also adopt by rule or regulation destination sourcing and reporting rules for caterers or other vendors with a high volume of delivered meals, as the commissioner may determine, in order to mitigate any anti-competitive impact of the local meals tax.

Section 4. Reimbursement for the tax imposed by this chapter shall be paid by the purchaser to the vendor, and each vendor in the commonwealth shall add to the sales price and shall collect from the purchaser the full amount of the tax imposed by this chapter and such tax shall be a debt from the purchaser to the vendor, when so added to the sales price, and shall be recoverable at law in the same manner as other debts.

Section 5. Upon each sale of a meal by a restaurant taxable under this chapter, the amount of tax collected by the vendor from the purchaser shall be stated and charged separately from the sales price and shown separately on any record thereof at the time the sale is made or on any evidence of sale issued or used by the vendor, but in the instance of the sale of alcoholic beverages for on premises consumption, the tax collected need not be stated separately.

Section 6. Every person who fails to pay to the commissioner any sums required by this chapter shall be personally and individually liable therefor to the commonwealth. The term "person", as used in this section, includes an officer or employee of a corporation, or a member or employee of a partnership or limited liability company, who as an officer, employee or member is under a duty to pay over the taxes imposed by this chapter.
 

Direct Broadcast Satellite Service Tax I

SECTION 61.   The General Laws are hereby amended by inserting after chapter 64L the following chapter:-

CHAPTER 64M

TAXATION OF DIRECT BROADCAST SATELLITE SERVICE

Section 1. As used in this chapter, the following words shall have the following meanings unless the context otherwise requires:

"Commissioner", the commissioner of revenue.

"Direct broadcast satellite service", the distribution or broadcasting by satellite of video programming or services directly to receiving equipment located at an end user subscriber's or an end user customer's premises, including, but not limited to, the provision of premium channels, the provision of music or other audio services or channels, and any other service received in connection with the provision of direct broadcast satellite service.

"Direct broadcast satellite service provider", a person who transmits, broadcasts or otherwise provides direct broadcast satellite service to subscribers or customers in the commonwealth.

"Gross revenues", all consideration of any kind or nature received by a direct broadcast satellite service provider, or an affiliate of such person, in connection with the provision of direct broadcast satellite service to subscribers or customers, including recurring monthly charges for direct broadcast satellite service and pay-per-view, video-on-demand and other event-based charges for direct broadcast satellite service; provided, however, that gross revenues shall not include:

(1) charges for the rental of equipment related to the provision of direct broadcast satellite service;

(2) activation, installation, repair and maintenance charges or similar service charges related to the provision of direct broadcast satellite service;

(3) service order charges, service termination charges or any other administrative charges related to the provision of direct broadcast satellite service;

(4) revenue not actually received, regardless of whether it is billed, including, but not limited to, bad debts;

(5) revenue received by an affiliate or other person in exchange for supplying goods and services used by a direct broadcast satellite service provider;

(6) refunds, rebates or discounts made to subscribers or customers, to advertisers or to other persons;

(7) revenue from service other than direct broadcast satellite service, including:

(A) telecommunications service as defined in 47 U.S.C. section 153(46);

(B) information service as defined in 47 U.S.C. section 153(20); or

(C) any other service that is not a direct broadcast satellite service;

(8) revenue from any service that is subject to tax under chapter 64H or 64I;

(9) the tax imposed by this chapter or any other tax of general applicability imposed on a direct broadcast satellite service provider or a purchaser of direct broadcast satellite service, by a federal, state or local governmental entity and required to be collected by a person and remitted to the taxing entity;

(10) any foregone revenue from providing free or reduced-cost direct broadcast satellite service to any person, including employees of the direct broadcast satellite service provider or any governmental entity as required or authorized by federal, state or local law, except revenue foregone in exchange for the goods or services through a trade or barter arrangement;

(11) revenue from the sale of capital assets or surplus equipment not used by the purchaser to receive direct broadcast satellite service from the direct broadcast satellite service provider;

(12) reimbursements made by programmers to the direct broadcast satellite service provider for marketing costs incurred by the direct broadcast satellite service provider for the introduction of new programming that exceed the actual costs incurred by the direct broadcast satellite service provider;

(13) late payment fees collected from subscribers or customers; or

(14) charges, other than those charges specifically described herein, that are aggregated or bundled with such specifically-described charges on a subscriber or customer's bill, if the direct broadcast satellite service provider can reasonably identify the charges in its books and records kept in the regular course of business.

"Person", an individual, partnership, trust or association, with or without transferable shares, joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee or referee and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals acting as a unit.

"Subscriber or customer", a member of the general public who receives direct broadcast satellite service from a direct broadcast satellite service provider and does not further distribute such service in the ordinary course of business.

"Video programming", programming provided by, or comparable to programming provided by, a television broadcast station including, but not limited to, video programming provided by local networks, national broadcast networks and all forms of pay-per-view video entertainment.

Section 2. An excise is hereby imposed upon the provision of direct broadcast satellite service to a subscriber or customer by any direct broadcast satellite service provider in an amount equal to 5 per cent of the direct broadcast satellite service provider's gross revenues derived from or attributable to such customer or subscriber. A direct broadcast satellite service provider shall pay the excise to the commissioner at the time provided for filing the return required by section 16 of chapter 62C.

Section 3. Reimbursement for the excise imposed in this chapter shall be paid by the subscriber or customer to the direct broadcast satellite service provider and each direct broadcast satellite service provider providing direct broadcast satellite service to subscribers or customers shall collect from such subscriber or customer the full amount of the excise imposed with respect to gross revenues derived from or attributable to such customer or subscriber and such excise shall be a debt from the subscriber or customer to the direct broadcast satellite service provider when added to the subscriber or customer's invoice for video programming service and shall be recoverable at law in the same manner as other debts.

Section 4. No person shall do business in this commonwealth as a direct broadcast satellite service provider unless a registration shall have been issued to him in accordance with section 67 of chapter 62C.

Section 5. A direct broadcast satellite service provider who fails to pay the commissioner any sums required to be paid by this chapter shall be personally and individually liable therefor to the commonwealth. The term "direct broadcast satellite service provider", as used inthis section, includes an officer or employee of a corporation or other business entity or a member or employee of a partnership who, as such officer, employee or member, is under a duty to pay over the taxes imposed by this chapter.

Section 6. A person not a resident of the commonwealth who engages in the business of providing direct broadcast satellite service to subscribers or customers in the commonwealth shall, as a condition precedent to engaging in such business and by so engaging in such business, be deemed thereby to appoint the state secretary as his agent for the service of process in any judicial proceeding under this chapter. Such process shall be served by delivering a copy of the process in the hands of the state secretary or a deputy or in the office of the state secretary. Such service shall be sufficient service upon the person; provided, however, that such notice of such service and a copy of the process shall, at least 15 days before the return day of such process, be sent by registered mail to such person's last known address, and that the sender's registered mail receipt and the commissioner's affidavit of compliance with this section shall be appended to the process and filed in the action or proceeding on or before the return day of the process or within such further time as the court may allow. The court in which the action or proceeding is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. Service of process in the foregoing manner shall have the same force and validity as if served upon the taxpayer personally within the commonwealth.
 

School Building Loans

SECTION 62.   Subsection (d) of section 6 of chapter 70B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any city, town or regional school district which has received, in accordance with subsections (b) and (c), notice of approval and an estimate of the amount of a school facilities grant, may borrow from time to time to finance that portion of the cost of the approved school project not being paid by such grant, in such amount approved by the board of selectmen, mayor or city manager of the city or town, or the regional district school committee of the regional school district, and may issue bonds or notes therefor which shall bear on their face the words ?(name of city, town or regional school district) School Project Loan, chapter 70B.
 

School Building Authority I

SECTION 63.   Section 10 of said chapter 70B, as so appearing, is hereby amended by striking out, in line 3, the words "less than 40 per cent nor".
 

School Building Authority II

SECTION 64.   Subsection (a) of said section 10 of said chapter 70B, as so appearing, is hereby amended by striking out paragraph (C) and inserting in place thereof the following paragraph:-

(C) Incentive percentage points may be awarded by the authority. Incentive percentage points granted, if any, shall be in the sole discretion of the authority. The authority may issue regulations delineating the type and amounts of any such incentive percentage points; provided, however, that no individual category of incentive points shall exceed 6 additional points; and provided further, that no district shall receive more than 18 incentive percentage points. Such incentive points may be awarded for a district's use of efficient construction delivery methods; regionalization with other districts; superior maintenance practices of a district; energy efficient and sustainable design and construction; major renovation rather than building new construction; the use of model schools as adopted by the authority; and other incentives as determined by the board of the authority in order to encourage the most cost-effective and quality construction.
 

Recovery High School Reimbursement

SECTION 65.   Chapter 71 of the General Laws is hereby amended by adding the following section:-

Section 91. (a) The term "Recovery High School" shall mean a public school or collaborative program for students diagnosed with substance use disorder or dependency, as defined by the Diagnostic and Statistical Manual of Mental Disorders IV-TR, that provides: (1) a comprehensive 4-year high school education, and (2) a structured plan of recovery.

(b) A school district shall transfer the state average chapter 70 per pupil allotment to a Recovery High School for a student meeting the following criteria: (1) the student is currently enrolled in the district or currently resides in the municipality in which the district is located; (2) the student is considered by a clinician, as defined by 105 CMR 164.006, to be clinically appropriate, using the criteria for Substance Use Disorders as defined in the Diagnostic and Statistical Manual of Mental Disorders IV-TR; and (3) the student meets all matriculation criteria as outlined by the sending district and the department of elementary and secondary education, with determination of academic eligibility based on existing documentation provided by the district. The district and the Recovery High School shall arrange to confer a diploma when a student completes state and district-mandated graduation requirements.

(c) A Recovery High School shall submit to the board of elementary and secondary education data considered necessary by the board to provide information regarding each student's academic performance. A Recovery High School shall also submit to the department of public health data regarding each student's recovery.

(d) The board of elementary and secondary education, in consultation with the department of public health and the department of mental health, shall promulgate rules and regulations, as necessary to implement this section.
 

Veteran Registration Plates

SECTION 66.   ** Item was returned for amendment (Attachment G). Updated as Ch. 48 of the Acts of 2009



Section 2 of chapter 90 of the General Laws, most recently amended by section 3 of chapter 407 of the acts of 2008, is hereby further amended by adding the following 2 paragraphs:-



The registrar shall furnish without charge to owners of private passenger motor vehicles who are veterans, as defined in said clause Forty-third of said section 7 of said chapter 4 who have been awarded the Iraqi Freedom Campaign Ribbon and upon presentation of evidence deemed satisfactory by the registrar, distinctive registration plates for one private passenger motor vehicle owned and principally used by such Iraqi Freedom Campaign Ribbon recipient or a distinctive emblem to be affixed to a "VETERAN" registration plate for a motorcycle owned and principally used by such recipient; provided, however, that the surviving spouse of a deceased survivor may elect to retain such distinctive registration plate or emblem for personal use upon payment of the established registration fee for private passenger motor vehicles or motorcycles and an additional annual $20 fee until such time as such spouse remarries or fails to renew or cancels such registration.



The registrar shall furnish without charge to owners of private passenger motor vehicles or motorcycles who have been issued "VETERAN" plates pursuant to this section, a distinctive emblem to be affixed to such plates which identifies service in Operation Enduring Freedom. The surviving spouse of a deceased recipient may elect to retain the distinctive emblem for personal use upon payment of the established registration fee and an additional $20 fee until such time as the spouse remarries or fails to renew or cancels the registration.

 

Civil Infraction II

SECTION 67.   Section 23 of said chapter 90, as appearing in the 2006 Official Edition, is hereby amended by inserting after the first paragraph the following paragraph:-

Notwithstanding the preceding paragraph or any other general or special law to the contrary, whoever has not been previously found responsible for or convicted of, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not been rendered on, a complaint charging a violation of operating a motor vehicle after his license to operate has been suspended or revoked, or after notice of the suspension or revocation of his right to operate a motor vehicle without a license has been issued by the registrar and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or to the issuance to him of a new license to operate shall be punished by a fine of not more than $500. This paragraph shall not apply to any person who is charged with operating a motor vehicle after his license to operate has been suspended or revoked pursuant to a violation of paragraph (a) of subdivision (1) of section 24, or section 24D, 24E, 24G, 24L or 24N of this chapter, subsection (a) of section 8 or section 8A or 8B of chapter 90B, section 8, 9 or 11 of chapter 90F or after notice of such suspension or revocation of his right to operate a motor vehicle without a license has been issued and received by such person or by his agent or employer, and prior to the restoration of such license or right to operate or the issuance to him of a new license or right to operate because of any such violation.
 

Motor Vehicle Fees

SECTION 68.   Section 33 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words ", the fee for which is not otherwise provided for in any general or special law, the fee shall be $36".
 

Motor Vehicle Fees

SECTION 69.   Said section 33 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 143, the words ", the fee shall be $40".
 

Civil Infraction III

SECTION 70.   Section 34J of said chapter 90, as so appearing, is hereby amended by adding the following paragraph:-

Notwithstanding any general or special law to the contrary, whoever violates this section and has not been previously determined responsible for or convicted therefor, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, on a complaint charging a violation of this section shall be punished by fine of not more than $500.
 

Boating Operating Under the Influence Surcharge

SECTION 71.   Paragraph (4) of subsection (a) of section 8 of chapter 90B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

There shall be an assessment of $250 against a person who is convicted of, placed on probation for, or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a vessel while under the influence of intoxicating liquor or marijuana, narcotic drugs, depressant or stimulant substances or the vapors of glue; provided, however, that $150 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund, established by section 59 of chapter 10, 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.
 

Recreational Vehicle Operating Under the Influence Surcharge

SECTION 72.   Section 34 of said chapter 90B, as so appearing, is hereby amended by adding the following paragraph:-

There shall be an assessment of $250 against a person who is convicted of, placed on probation for, or granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a snow vehicle or recreation vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of section 26; provided, however, that $150 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund, established by section 59 of chapter 10, 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.
 

Trial Court Fee Increase I

SECTION 73.   The first paragraph of paragraph (4) of subsection (A) of section 3 of chapter 90C of the General Laws, as so appearing, is hereby amended by adding the following sentence:- If a violator requests a noncriminal hearing, he shall pay a fee of $25 to the court prior to the commencement of the hearing before the clerk magistrate.
 

Trial Court Fee Increase II

SECTION 74.   Said section 3 of said chapter 90C, as so appearing, is hereby further amended by striking out, in line 56, the words "$20 prior to the commencement" and inserting in place thereof the following words:- $50 prior to the scheduling.
 

Hospital Acquired Infections Restrictions

SECTION 75.   The definition of "Facility" in subsection (a) of section 51H of chapter 111 of the General Laws, as appearing in section 9 of chapter 305 of the acts of 2008, is hereby amended by striking out the figure "25" and inserting in place thereof the following figure:- 25B.
 

Health Care-Related Infectious Disease Reimbursements

SECTION 76.   ** Item was returned for amendment (Attachment H) Updated as Ch. 58 of the Acts of 2009



Said section 51H of said chapter 111, as appearing in section 65 of chapter 451 of the acts of 2008, is hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-



(d) The department shall adopt regulations prohibiting a health care facility from charging or seeking reimbursement for services provided as a result of the occurrence of a health-care associated infection or serious reportable event. A health care facility shall not charge or seek reimbursement for a health-care associated infection or serious reportable event that the facility has determined, through a documented review process and under regulations adopted by the department, was: (i) preventable; (ii) within its control; and (iii) unambiguously the result of a system failure based on the health care provider's policies and procedures.

 

Division of Health Care Finance and Policy Insurer Confidentiality

SECTION 77.   Section 6 of chapter 118G of the General Laws, as most recently amended by section 23 of chapter 305 of the acts of 2008, is hereby further amended by adding the following paragraph:-

Except as specifically provided otherwise by the division, insurer data collected by the division under this section shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or under chapter 66.
 

Health Safety Net Third Party Liability

SECTION 78.   Paragraph (2) of subsection (a) of section 39 of said chapter 118G, as appearing in section 15 of chapter 61 of the acts of 2007, is hereby amended by inserting after the first sentence the following 2 sentences:- The office may recover from a third party that is financially responsible for the costs attributable to services provided to an individual that were paid by the fund. A payment from the fund for such services shall be recoverable from the third party and the payment shall, after notice to the third party, operate as a lien under section 22 of chapter 118E.
 

Housing Stabilization and Investment Trust Fund

SECTION 79.   Subsection (b) of section 3 of chapter 121F of the General Laws, as appearing in section 6 of chapter 119 of the acts of 2008, is hereby amended by striking out clause (7) and inserting in place thereof the following clause:-

(7) notwithstanding the restrictions described in this chapter, for the purposes of the soft second mortgage program described in item 3322-8880 of section 2 of chapter 110 of the acts of 1993
 

Home Improvement Contractor Fees

SECTION 80.   The first paragraph of section 11 of chapter 142A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the second and third sentences.
 

Termination of Veterans on Returning from Overseas Duty

SECTION 81.   Chapter 149 of the General Laws is hereby amended by inserting after section 44 the following section:-

Section 44 1/2. Notwithstanding any general or special law to the contrary, a state or municipal government entity shall not terminate the employment of any veteran for at least 30 days following the return of the veteran from overseas duty.
 

Providing Census with Confidential Information from Unemployment Insurance Records

SECTION 82.   Section 46 of chapter 151A of the General Laws, amended by chapter 194 of the acts of 2007, is hereby further amended by adding the following subsection:-

(j)(1) The commissioner may provide the United States Census Bureau with information for use by the Census Bureau in the Longitudinal Household - Employer Dynamics System pursuant to a written agreement between the United States Census Bureau and the commissioner. The confidentiality of such information shall be protected by this section and Title XIII of the United States Code.

(2) The commissioner may provide the Bureau of Labor Statistics with information for the purpose of carrying out its responsibilities and duties under chapter 1 of Title XXIX of the United States Code pursuant to a written agreement between the Bureau of Labor Statistics and the commissioner. The confidentiality of such information shall be protected by this section and Title XXIX of the United States Code.
 

Early Intervention Insurance Cap I

SECTION 83.   The third paragraph of section 47C of chapter 175 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:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party.
 

Early Intervention Insurance Cap II

SECTION 84.   The third paragraph of section 8B of chapter 176A of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party.
 

Early Intervention Insurance Cap III

SECTION 85.   The third paragraph of section 4C of chapter 176B of the General Laws, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party.
 

Early Intervention Insurance Cap IV

SECTION 86.   The second paragraph of section 4 of chapter 176G of the General Laws, as so appearing, is hereby amended by striking the last sentence and inserting in place thereof the following sentence:- Reimbursement of costs for such services shall be part of a basic benefits package offered by the insurer or a third party.
 

Labor or Trade Organizations Collective Bargaining Payroll Deductions

SECTION 87.   **Item was returned for amendment (Attachment I)



Section 17G of chapter 180 of the General Laws, as so appearing, is hereby amended by the inserting after word "employed", in line 5, the following words:- or which may be specified by a collective bargaining agreement with the PCA quality home care workforce council.

 

Require CPCS Private Counsel to Submit Bills Within 90 Days

SECTION 88.   Chapter 211D of the General Laws is hereby amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-

Section 12. The committee shall establish policies and procedures to provide fair compensation to private counsel, which shall include a remedy for an attorney aggrieved by the amount of payment. The committee shall also establish an audit and oversight department to monitor billing and private attorney compensation. All invoices shall be processed for payment within 30 days of receipt by the chief counsel. Bills shall be submitted to the committee within 60 days of the conclusion of a case or, if the case is pending at the end of the fiscal year, within 30 days after the end of such fiscal year. The amount of payment for invoices received by the chief counsel more than 60 days but less than 90 days after the final disposition of the case or more than 30 days but less than 90 days after the end of the fiscal year shall be reduced by 10 per cent. Bills submitted after such date need not be processed for payment within 30 days. For all bills not submitted to the committee within 90 days after the conclusion of a case or, if the case is pending at the end of the fiscal year, within 90 days after the end of the fiscal year, those bills so submitted after such date shall not be processed for payment; provided, however, that the chief counsel may authorize the payment of such bills either in whole or in part upon a determination that the delay was due to extraordinary circumstances beyond the control of the attorney. The committee may further prescribe such policies and procedures for payment as it deems appropriate; provided, however, that the committee may impose interest and penalties, where appropriate, upon overpayment of the private attorney bills recovered from private attorneys.
 

Assistant Judicial Case Managers - Middlesex

SECTION 89.   Section 23D of chapter 217 of the General Laws, as so appearing , is hereby amended by striking out, in line 14, the figure "6" and inserting in place thereof the following figure:- 8
 

Veto Explanation:
I am vetoing this section because it authorizes new positions that are not affordable in the present fiscal situation.This outside section codifies current positions within the Middlesex Probate Court.

Clerk of Courts for Worcester County I

SECTION 90.   Section 6E of chapter 221 of the General Laws, as so appearing, is hereby amended by striking out, in line 1, the words "justices of the superior court" and inserting in place thereof the followings words:- clerk of courts for the county of Worcester.
 

Veto Explanation:
I am vetoing this section because it inappropriately and inconsistently intrudes on the functioning of the judicial department.This outside section specifies that the Clerk of the Superior Court may appoint an assistant clerk.

Clerk of Courts for Worcester County II

SECTION 91.   Section 6F of said chapter 221, as so appearing, is hereby amended by striking out, in line 1, the words "justices of the superior court" and inserting in place thereof the following words:- clerk of courts for the county of Worcester.
 

Veto Explanation:
I am vetoing this section because it inappropriately and inconsistently intrudes on the functioning of the judicial department.This outside section specifies that the Clerk of the Superior Court may appoint an assistant clerk.

Clerk of Courts for Hampden County I

SECTION 92.   Section 6K of said chapter 221, as so appearing, is hereby amended by striking out, in line 1, the words "justices of the superior court" and inserting in place thereof the following words:- clerk of courts for the county of Hampden.
 

Veto Explanation:
I am vetoing this section because it inappropriately and inconsistently intrudes on the functioning of the judicial department.This outside section specifies that the Clerk of the Superior Court may appoint an assistant clerk.

Clerk of Courts for Hampden County II

SECTION 93.   Section 6L of said chapter 221, as so appearing, is hereby amended by striking out, in line 1, the words "justices of the superior court" and inserting in place thereof the following words:- clerk of courts for the county of Hampden.
 

Veto Explanation:
I am vetoing this section because it inappropriately and inconsistently intrudes on the functioning of the judicial department.This outside section specifies that the Clerk of the Superior Court may appoint an assistant clerk.

Court Ordered Transcriptions I

SECTION 94.   Section 86 of said chapter 221, as so appearing, is hereby amended by adding the following sentence:- Transcription costs shall be paid as provided in section 88.
 

Court Ordered Transcriptions II

SECTION 95.   Section 88 of said chapter 221, as so appearing, is hereby amended by striking out, in line 11, the words "commonwealth upon voucher approved by him," and inserting in place thereof the following words:- administrative office of the trial court upon a voucher approved by the presiding justice.
 

Court Ordered Transcriptions III

SECTION 96.   Said section 88 of said chapter 221, as so appearing, is hereby further amended by adding the following sentence:- If the presiding justice orders that a statement given to the police be transcribed, all parties shall receive a copy, and payment therefor shall be at the same rate and made by the administrative office of the trial court upon a voucher approved by the presiding justice.
 

Probate Court Fees

SECTION 97.   Chapter 262 of the General Laws is hereby amended by striking out section 40, as so appearing, and inserting in place thereof the following section:-

Section 40. The fees of registers of the probate and family court department of the trial court shall be as follows:

for the entry of a complaint for divorce or for affirming or annulling marriage, except as provided hereinafter for an action in equity, $200;

for the entry of an action for separate support, $100;

for the issuance of a contempt summons, $5;

for the entry of a petition for the probate of a will, for administration of the estate of a person deceased intestate, for administration of goods not already administered, with the will annexed or otherwise, of a petition under section 35 or 36 of chapter 209 by a husband or wife for authority to convey land as if sole, for change of name, for leave to carry on the business of the deceased and for the appointment of a special administrator, trustee, receiver of the estate of an absentee, or conservator except when the conservator petition is filed concurrently with a petition for removal, resignation, or termination of a conservator, $150;

for the entry of a petition to partition, $255;

for filing a representation of insolvency, $150;

for the entry of a petition: for leave to lease real estate; for specific performance; for leave to mortgage real estate; for release of dower or courtesy; for letters to a foreign guardian; for leave to compromise and for leave to pay debts, except when the petitioner or accountant certifies that the estate does not exceed $1,000 in value, $75;

for filing of a complaint in equity, except such as relates to separate support, adoption or the custody or support of minors, $240;

for filing of a complaint in equity related to separate support or the custody or support of minors, $100;

for the entry of a general petition except such as relates to adoption or custody or support of minors, $150;

for the entry of a petition for removal of a fiduciary, $100;

for the amendment of record except such as relates to separate support, adoption or the custody or support of minors, for discharge of surety, for care of burial lot and for erection of a monument, $60 each;

for new bond and for new inventory, $75 each;

for filing a statement of voluntary administration, $100;

for the petition or application for allowance of an account where the gross value accounted for in Schedule A of the account is $1,000 or less, no fee; where the gross value is more than $1,000 but not more than $10,000, $75 a year; provided, however, that the fees shall not exceed $170 regardless of the time covered by the account; where the gross value is $10,000 or more but not more than $100,000, $100 for each year or major fraction thereof covered by the account; where the gross value is more than $100,000 but not more than $500,000, $150 for each year or major fraction thereof covered by the account; where the gross value is more than $500,000 but not more than $1,000,000, $200 for each year or major fraction thereof covered by the account; where the gross value is more than $1,000,000, $400 for each year or major fraction thereof covered by the account;

for the petition or application for sale of real or personal estate where the gross value accounted for is $100,000 or less, $100; where the gross value is more than $100,000 but not more than $250,000, $250; where the gross value is more than $250,000 but not more than $500,000, $500; where the gross value is more than $500,000 but not more than $1,000,000, $750; where said gross value is over $1,000,000, $1000;

for filing a motion for change of name, $100;

for filing a motion for the framing of jury issues, $140;

for filing a will for safekeeping, $75; provided, however, that no additional fee shall be charged for filing a will in substitution for a will previously filed and withdrawn;

for filing a bond, $50;

for issuance of an injunction, $150;

for issuance of a temporary restraining order, $100;

for entry of an action for the modification of a judgment relative to all non-child related issues, $150;

for entry of an action for modification relative to child support, custody, and visitation, except for those actions filed by the IV-D agency for which there is no filing fee, $50;

for filing a complaint to modify a foreign custody or support decree pursuant to section 29 of chapter 208, except for those complaints filed by the IV-D agency for which there is no filing fee, $100;

for application of leave to deposit certain funds pursuant to section 27 of chapter 206, $200; and

for filing a complaint to establish paternity or for custody-support-visitation, except for those actions filed by the IV-D agency for which there is no filing fee, $100;

Notwithstanding this section, no fee shall be charged for the issuance of a temporary restraining order against a spouse related to a complaint for divorce or separate support.
 

Civil Infraction VI

SECTION 98.   Chapter 272 is hereby amended by striking out section 53, as so appearing, and inserting in place thereof the following section:-.

Section 53. (a) Common night walkers, common street walkers, both male and female, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, keepers of noisy and disorderly houses, and persons guilty of indecent exposure shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.

(b) Disorderly persons and disturbers of the peace, for the first offense, shall be punished by a fine of not more than $150. On a second or subsequent offense, such person shall be punished by imprisonment in a jail or house of correction for not more than 6 months, or by a fine of not more than $200, or by both such fine and imprisonment.
 

Trial Court Fee Increase III

SECTION 99.   Section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the figure "$20" and inserting in place thereof the following figure:- $45.
 

Trial Court Fee Increase III b

SECTION 100.   Said section 87A of said chapter 276, as so appearing, is hereby further amended by striking out, in line 56, the figure "$1" and inserting in place thereof the following figure:- $5.
 

Inheritance of Adopted Children

SECTION 101.   Chapter 27 of the acts of 1969 is hereby amended by striking out section 2, as amended by chapter 524 of the acts of 2008, and inserting in place thereof the following section:-

Section 2. Section 8 of chapter 210 of the General Laws as amended by section 1 of this act shall be applicable only to grants, trust settlements, entails, devises or bequest executed after September 1, 1969.
 

Inheritance of Adopted Children

SECTION 102.   Chapter 27 of the acts of 1969 is hereby further amended by striking out section 2, as amended by the preceding section, and inserting in place hereof the following:-

Section 2. Section 8 of chapter 210 of the General Laws shall apply to all grants, trust settlements, entails, devises, or bequests executed at any time, but this section shall not affect distributions made before July 1, 2010 under testamentary instruments executed before September 1, 1969.
 

Purchase Price of Certain Taunton Land to Taunton Development Corp.

SECTION 103.   The second paragraph of section 1 of chapter 395 of the acts of 2002 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The purchase price payable to the Taunton Development Corporation for the parcel shall be the full and fair market value of the property less any environmental cleanup costs and demolition costs of existing uninhabitable buildings located upon the parcel as of the time of conveyance to the Taunton Development Corporation, as determined by the commissioner of capital asset management and maintenance based on an independent appraisal.
 

School Building Authority III

SECTION 104.   Section 5 of chapter 210 of the acts of 2004 is hereby repealed.
 

UMass Dartmouth Bio-Processing Facility

SECTION 105.   **Item was returned for amendment (Attachment J)



Item 1100-8000 of Section 2B of chapter 123 of the acts of 2006 is hereby amended by adding at the end the following words:- provided further, that notwithstanding any general or special law to the contrary, in the procurement of design and construction services for such bio-processing facility pursuant to this item, the University of Massachusetts Building Authority may use an alternative mode of procurement of design and construction, including but not limited to, sequential construction management, turnkey, design/build procurement and the phasing of such procurement, including, but not limited to, approval of design and construction stages as separate for combined phases; provided further, that the University of Massachusetts Building Authority shall require the assurance of labor harmony during all phases of development, including construction, reconstruction and capital and routine maintenance and shall provide adequate remedies to address the failure to maintain labor harmony which shall include, but not be limited to, assessment of liquidated damages and contract termination; and provided further, that the payment of prevailing wages, in accordance with sections 26 to 27F, inclusive, of chapter 149 of the General Laws, shall be required for all phases of these projects.

 

Asian American Commission II

SECTION 106.   Section 3 of chapter 258 of the acts of 2006 is hereby amended by adding the following subsection:-

(g) The state auditor shall appoint, on or before August 1, 2009, 1 member for a term of 1 year, 1 member for a term of 2 years and 1 member for a term of 3 years.
 

Study on Effects of Oxycontin - Commission

SECTION 107.   Section 56 of chapter 302 of the acts of 2008 is hereby amended by striking out the words:- "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" and inserting in place thereof the following words:- and 8 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; 1 of whom shall be a representative from the department of correction; 1 of whom shall be the executive director of the interagency council on substance abuse and prevention; 1 of whom shall be a representative from the office of community corrections; and 1 of whom shall be a representative from the department of mental health.
 

Study on Effects of Oxycontin - Date

SECTION 108.   Said section 56 of said chapter 302 is hereby further amended by striking out the words "January 1, 2009"and inserting in place thereof the following words: - October 1, 2009.
 

Emergency Housing Assistance Program Administration

SECTION 109.   Notwithstanding any general or special law to the contrary, except to the extent otherwise required by chapter 4 of the acts of 2009 or other provisions of law, and until such time as the department adopts regulations pursuant to and in conformity with section 30 of chapter 23B of the General Laws and other applicable laws, the department of housing and community development shall administer the emergency housing assistance program pursuant to 106 C.M.R. sections 204, 309, 701.310 to 701.330, inclusive,701.350 to 701.360, inclusive, and 701.380 to 701.390, inclusive, in effect on June 30, 2009.
 

Economic Stabilization Trust III

SECTION 110.   Notwithstanding any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, functions, proceedings, rules and regulations, property and legal obligations of the economic stabilization trust from the Commonwealth Corporation to the executive office of housing and economic development. The economic stabilization trust, transferred to the Commonwealth Corporation by section 64 of chapter 365 of the acts of 1996, is hereby transferred to the executive office of housing and economic development. The trust shall continue as a quasi-public instrumentality of the commonwealth, with all the legal powers, authority, responsibilities, duties, rights and obligations vested in the trust by sections 8 to 16, inclusive, of chapter 23D of the General Laws.
 

State Retiree Benefits Trust Fund

SECTION 111.   Notwithstanding any general or special law to the contrary, the state comptroller shall, according to a schedule developed in consultation with the state treasurer and the secretary of the executive office for administration and finance, transfer $372,000,000 from the General Fund to the State Retiree Benefits Trust Fund established by section 24 of chapter 32A of the General Laws.
 

Trial Court Transferability

SECTION 112.   **Item was returned for amendment (Attachment K). Updated as Ch.51 of the Acts of 2009.



Notwithstanding clause (xxiii) of the third paragraph of section 9 of chapter 211B of the General Laws or any other general or special law to the contrary, the chief justice for administration and management may, from the effective date of this act through April 30, 2010, transfer funds from any item of appropriation within the trial court, except items 0339-1001 and 0339-1003, to any other item of appropriation within the trial court, except items 0339-1001 and 0339-1003. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include the following: (1) the amount of money transferred from any item of appropriation to another; (2) the reason for the necessity of the transfer; and (3) the date on which the transfer is to be completed. A transfer under this section shall not occur until 10 days after the revised funding schedules have been submitted in written form to the house and senate committees on ways and means.

 

Inspector General's Health Safety Net Audit Unit

SECTION 113.   Notwithstanding any general or special law to the contrary, in hospital fiscal year 2010, the office of the inspector general may continue to expend funds from the Health Safety Net Trust Fund, established by section 36 of chapter 118G of the General Laws, for the costs associated with maintaining a pool audit unit within the office. The unit shall continue to oversee and examine the practices in all hospitals including, but not limited to, the care of the uninsured and the resulting free care charges. The inspector general shall submit a report to the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2010. For the purposes of these audits, allowable free care services shall be defined pursuant to said chapter 118G and any regulations adopted thereunder.
 

Chapter 70 Minimum Local Contributions

SECTION 114.   (a) Notwithstanding any general or special law to the contrary, upon the request of the board of selectmen in a town, the city council in a plan E city, or the mayor in any other city, the department of revenue may recalculate the minimum required local contribution, as defined in section 2 of chapter 70 of the General Laws, in the fiscal year ending June 30, 2010. Based on the criteria established in this section, the department shall recalculate the minimum required local contribution for a municipality's local and regional schools and shall certify the amounts calculated to the department of elementary and secondary education.

(b) A city or town that used qualifying revenue amounts in a fiscal year which will not be available for use in the next fiscal year or that will be required to use revenues for extraordinary non school-related expenses for which it did not have to use revenues in the preceding fiscal year, or that has an excessive certified municipal revenue growth factor which is also greater than or equal to 1.5 times the state average municipal revenue growth factor or whose fiscal year 2008 actual local contributions were lower than the amounts calculated in the one-time adjustment used pursuant to the fiscal year funding formula under chapter 70 of the General Laws, may appeal to the department of revenue not later than October 1, 2009, for an adjustment of its minimum required local contribution and net school spending.

(c) If a claim is determined to be valid, the department of revenue may reduce proportionately the minimum required local contribution amount based on the amount of shortfall in revenue or based on the amount of increase in extraordinary expenditures in the current fiscal year, but no adjustment to the minimum required local contribution on account of an extraordinary expense in the budget for the fiscal year ending on June 30, 2010 shall affect the calculation of the minimum required local contribution in subsequent fiscal years. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of free cash, overlay surplus and other available funds.

(d) If, upon submission of adequate documentation, the department of revenue determines that the municipality's claim regarding an excessive municipal revenue growth factor is valid, the department shall recalculate the municipal revenue growth factor and the department of elementary and secondary education shall use the revised growth factor to calculate the preliminary local contribution, the minimum required local contribution and any other factor that directly or indirectly uses the municipal revenue growth factor. Any relief granted as a result of an excessive municipal revenue growth factor shall be a permanent reduction in the minimum required local contribution.

(e) The board of selectmen in a town, the city council in a plan E city, the mayor in any other city, or a majority of the member municipalities of a regional school district, which used qualifying revenue amounts in a fiscal year that will not be available for use in the next fiscal year, may appeal to the department of revenue not later than October 1, 2009, for an adjustment to its net school spending requirement. If the claim is determined to be valid, the department of revenue shall reduce the net school spending requirement based on the amount of the shortfall in revenue and reduce the minimum required local contribution of member municipalities accordingly. Qualifying revenue amounts shall include, but not be limited to, extraordinary amounts of excess and deficiency, surplus and uncommitted reserves.

(f) If the regional school budget has already been adopted by two-thirds of the member municipalities then, upon a majority vote of the member municipalities, the regional school committee shall adjust the assessments of the member municipalities in accordance with the reduction in minimum required local contributions approved by the department of revenue or the department of elementary and secondary education in accordance with this section.

(g) Notwithstanding clause (14) of section 3 of chapter 214 of the General Laws or any other general or special law to the contrary, the amounts so determined pursuant to this section shall be the minimum required local contribution described in chapter 70 of the General Laws. The department of revenue and the department of elementary and secondary education shall notify the house and senate committees on ways and means and the joint committee on education of the amount of any reduction in the minimum required local contribution amount.

(h) If a city or town has an approved budget that exceeds the recalculated minimum required local contribution and net school spending amounts for its local school system or its recalculated minimum required local contribution to its regional school districts as provided by this section, the local appropriating authority shall determine the extent to which the community shall avail itself of any relief authorized pursuant to this section.

(i) The amount of financial assistance due from the commonwealth in fiscal year 2010 pursuant to chapter 70 of the General Laws or any other law shall not be changed on account of any redetermination of the minimum required local contribution pursuant to this section.

(j) The department of revenue and the department of elementary and secondary education shall issue guidelines for their respective duties pursuant to this section.
 

Pension Cost of Living Adjustment

SECTION 115.   Notwithstanding any general or special law to the contrary, the amounts transferred pursuant to subdivision (1) of section 22C of chapter 32 of the General Laws shall be made available for the commonwealth's Pension Liability Fund established by section 22 of said chapter 32. The amounts transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 shall meet the commonwealth's obligations pursuant to said section 22C of said chapter 32, including retirement benefits payable by the state employees' and the state teachers' retirement systems, for the costs associated with a 3 per cent cost-of-living adjustment pursuant to section 102 of said chapter 32, for the reimbursement of local retirement systems for previously authorized cost-of-living adjustments pursuant to said section 102 of said chapter 32 and for the costs of increased survivor benefits pursuant to chapter 389 of the acts of 1984. The state board of retirement and each city, town, county and district shall verify these costs, subject to the rules adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions to retired teachers, including any other obligations which the commonwealth has assumed on behalf of any retirement system other than the state employees' or state teachers' retirement systems and also including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32 and the amounts to be transferred pursuant to clause (a) of the last paragraph of section 21 of chapter 138 of the General Laws. All payments for the purposes described in this section shall be made only pursuant to distribution of monies from the fund, and any distribution and the payments for which distributions are required shall be detailed in a written report filed quarterly by the secretary of the executive office for administration and finance with the house and senate committees on ways and means and the joint committee on public service in advance of this distribution. Distributions shall not be made in advance of the date on which a payment is actually to be made. The state board of retirement may expend an amount for the purposes of the board of higher education's optional retirement program pursuant to section 40 of chapter 15A of the General Laws. To the extent that the amount transferred pursuant to said subdivision (1) of said section 22C of said chapter 32 exceeds the amount necessary to adequately fund the annual pension obligations, the excess amount shall be credited to the Pension Reserves Investment Trust Fund, established by subdivision (8) of section 22 of said chapter 32, for the purpose of reducing the unfunded pension liability of the commonwealth.
 

Interagency Service Agreement between UMass and HHS

SECTION 116.   Notwithstanding any general or special law to the contrary, the executive office of health and human services, in this section called the executive office, acting in its capacity as the single state agency under Title XIX of the Social Security Act and as the principal agency for all of the agencies within the executive office and other federally-assisted programs administered by the executive office, may enter into interdepartmental services agreements with the University of Massachusetts Medical School to perform activities that the secretary, in consultation with the comptroller, determines are appropriate and within the scope of the proper administration of Title XIX and other federal funding provisions to support the programs and activities of the executive office. These activities may include: (1) providing administrative services including, but not limited to, activities such as providing the medical expertise to support or administer utilization management activities, determining eligibility based on disability, supporting case management activities and similar initiatives; (2) providing consulting services related to quality assurance, program evaluation and development, integrity and soundness and project management; and (3) providing activities and services for the purpose of pursuing federal reimbursement or avoiding costs, third party liability and recouping payments to third parties. Federal reimbursement for any expenditures made by the University of Massachusetts Medical School relative to federally-reimbursable services the university provides under these interdepartmental service agreements or other contracts with the executive office shall be distributed to the university and recorded distinctly in the state accounting system. The secretary may negotiate contingency fees for activities and services related to the purpose of pursuing federal reimbursement or avoiding costs and the comptroller shall certify these fees and pay them upon the receipt of this revenue, reimbursement or demonstration of costs avoided. Contracts for contingency fees shall not extend longer than 3 years and shall not be renewed without prior review and approval from the executive office for administration and finance. The secretary shall not pay contingency fees in excess of $40,000,000 for state fiscal year 2010; provided, however, that contingency fees paid to the University of Massachusetts Medical School under the terms of any interagency service agreement for recoveries related to the special disability workload projects shall be excluded from that $40,000,000 limit for fiscal year 2010. The secretary of the executive office shall submit to the secretary of the executive office for administration and finance and the senate and house committees on ways and means a quarterly report detailing the amounts of the agreements, the ongoing and new projects undertaken by the university, the amounts spent on personnel and the amount of federal reimbursement and recoupment payments that the university collected.
 

Alternative Hospital Payment Demos

SECTION 117.   Notwithstanding any general or special law to the contrary, the secretary of health and human services, may, consistent with federal law, pursue an alternative payment demonstration project with 1 or more hospitals or hospital systems in the commonwealth. For the purposes of this section, "alternative payment" shall mean a methodology that establishes an aggregate prospective payment to cover the total cost of a defined set of health care services provided by a hospital or hospital system, creating incentives for such providers to integrate services, manage costs and utilization and ensure high-quality care. In implementing any such alternative payment demonstration project, the secretary shall consider using information systems to monitor performance of the hospital or hospital system and apply measures of cost and quality. The secretary shall report to the house and senate committees on ways and means and the joint committee on health care financing 30 days prior to implementing said demonstration project: (1) the type of alternative payment system to be demonstrated; and (2) the projected costs associated with the implementation of said demonstration project.
 

Nursing Home Assessments

SECTION 118.   Notwithstanding any general or special law to the contrary, the nursing home assessment established by subsection (b) of section 25 of chapter 118G of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2010.
 

Transfers Among Health Care Funds

SECTION 119.   (a) Notwithstanding any general or special law to the contrary, on or before October 1, 2009 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund, established pursuant to section 36 of chapter 118G of the General Laws and in this subsection referred to as the fund, the greater of $45,000,000 or one-twelfth the total expenditures to hospitals and community health centers as required by subsection (b), for the purpose of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2009. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the fund. The comptroller shall transfer from the fund to the General Fund not later than June 30, 2010, the amount of the transfer authorized by this subsection and any allocation thereof as certified by the director of the health safety net office.

(b) Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the state treasurer, the secretary of administration and finance and the secretary of health and human services, develop a schedule for transferring funds among the General Fund, the Commonwealth Care Trust Fund established pursuant to section 2OOO of chapter 29 of the General Laws, and the Health Safety Net Trust Fund. Not less than $591,685,136 shall be transferred from the General Fund to the Commonwealth Care Trust Fund. The hospital fiscal year 2010 payment amount to each hospital shall be funded by the Health Safety Net Trust Fund. Payments may be made either as safety net care payments under the commonwealth's 1115 waiver, or as an adjustment to Title XIX service rate payments, or a combination thereof. The executive office of health and human services and the health safety net office may use other federally permissible funding mechanisms available for public service hospitals, as defined in 114.1 CMR 36.02, to reimburse up to $70,000,000 of uncompensated care at the hospitals using sources distinct from the funding made available to the Health Safety Net Trust Fund. The schedule shall provide for transfers in increments considered appropriate to meet the cash flow needs of these funds. The transfers shall not begin before July 1, 2009 and shall be completed on or before June 30, 2010. The secretary of administration and finance, in consultation with the secretary of health and human services and the executive director of the commonwealth health insurance connector, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and the Commonwealth Care subsidized health insurance program funded from the Commonwealth Care Trust Fund, and if necessary, transfer monies between these funds for the purpose of ensuring that sufficient revenues are available to support projected program expenditures. The secretary of health and human services in consultation with the secretary of administration and finance and the executive director of the commonwealth health insurance connector, shall submit a quarterly report to the house and senate committees on ways and means and joint committee on healthcare financing which shall include, but not be limited to, the projected and actual expenditures and revenues for the Commonwealth Care Trust Fund and any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund.

(c) Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the office of the state treasurer, the executive office of administration and finance and the executive office of health and human services, develop a schedule and make a series of transfers not to exceed $399,000,000 from the General Fund to the MassHealth provider payment account in the Medical Assistance Trust Fund, established pursuant to section 2QQQ of chapter 29 of the General Laws, if the comptroller has determined that General Fund revenues are sufficient to accommodate the schedule of transfers. These funds may be expended only for services provided during state or federal fiscal year 2010, and no amounts previously or subsequently transferred into the Medical Assistance Trust Fund may be expended on payments described in the 1115 demonstration waiver for services provided during state fiscal year 2010 or payments described in the state plan for services provided during federal fiscal year 2010. All payments from the Medical Assistance Trust Fund shall be subject to the availability of federal financial participation, shall be made only in accordance with federally-approved payment methods, shall be consistent with federal funding requirements and all federal payment limits as determined by the secretary of health and human services, and shall be subject to the terms and conditions of an agreement with the executive office of health and human services. Any increase in payment made from the trust fund totaling an amount greater than $251,000,000 in fiscal year 2010 shall be made only after the secretary of health and human services certifies that any increase in payments from the trust fund shall not exceed the negotiated limit for section 1115 waiver spending. The secretary of health and human services shall notify, in writing, the house and senate committees on ways and means and the house and the joint committee on healthcare financing for any increases in payments within 15 days. The secretary of the executive office of health and human services shall make a payment of up to $265,000,000 from the Medical Assistance Trust Fund to the Cambridge public health commission for dates of service in state and federal fiscal year 2010 only after the Cambridge public health commission transfers up to $106,000,000 of its funds to the Medical Assistance Trust Fund, using a federally permissible source of funds which shall fully satisfy the nonfederal share of such payment. Notwithstanding any provision to the contrary, for state and federal fiscal year 2010, such payment to the Cambridge public health commission from this fund may include an amount up to $20,000,000 for which no intergovernmental transfer is required, but for which federal financial participation is otherwise available.
 

Division of Health Care Finance and Policy Rate Freeze

SECTION 120.   Effective January 1, 2009, no amendment of 114.3 CMR 20.00 shall take effect until the division of health care finance and policy has certified that it has conducted its mandated biennial review of all of the services and procedures, as provided in section 7 of chapter 118G of the General Laws, with data and testimony that: (1) explains and supports any rates that are not subject to adjustment; and (2) establishes the statutory basis that explains and supports any rates that are adjusted.
 

Veto Explanation:
I am vetoing this section because it retroactively revokes rates necessary for savings assumed in balancing this budget.This outside section requires a biannual review by the Division of Health Care Finance and Policy.

Commonwealth Care Eligibility

SECTION 121.   **Item was returned for amendment (Attachment L)



Notwithstanding any general or special law to the contrary, an eligible individual pursuant to section 3 of chapter 118H of the General Laws shall not include persons who cannot receive federally-funded benefits under sections 401, 402 and 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193, as amended, for fiscal year 2010. The Commonwealth Health Insurance Connector Authority shall provide notice at least 30 days prior to termination of benefits for any member pursuant to this section.

 

Prescription Advantage

SECTION 122.   Notwithstanding any general or special law to the contrary, and in order to maintain the fiscal viability of the subsidized catastrophic prescription drug insurance program, hereinafter referred to as the prescription advantage program, authorized by section 39 of chapter 19A of the General Laws, cost-sharing required of enrollees in the form of co-payments, premiums and deductibles, or any combination thereof, may be adjusted by the executive office of elder affairs to reflect price trends for outpatient prescription drugs, as determined by the secretary of elder affairs. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for, or are then enrolled in, the prescription advantage program shall also be enrolled in a Medicare prescription drug plan, a Medicare Advantage prescription drug plan or in a plan which provides creditable prescription drug coverage as defined in section 104 of the Medicare Prescription Drug, Improvement and Modernization Act of 2003, Pub. L. No. 108-173, hereinafter referred to as "MMA," and which provides coverage of the cost of prescription drugs actuarially equal to or better than that provided by Medicare Part D, hereinafter referred to as a "creditable coverage" plan. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, individuals who receive Medicare and are applying for or are enrolled in the prescription advantage program shall apply for the low-income subsidy provided under MMA Subpart P: Premium and Cost-Sharing Subsidies for Low-income Individuals, if such individuals qualify for such subsidy. To the extent permitted by MMA, regulations promulgated thereunder, and all other applicable federal law, the prescription advantage program may apply on behalf of a member for enrollment into a Medicare prescription drug plan or for the low-income subsidy provided under MMA, and may receive information about the member's eligibility and enrollment status necessary for the operation of the prescription advantage program. For enrollees who qualify for enrollment in a Medicare Part D plan, the prescription advantage program shall provide a supplemental source of financial assistance for prescription drug costs, hereinafter referred to as "supplemental assistance," in lieu of the catastrophic prescription drug coverage provided pursuant to said section 39 of said chapter 19A. The prescription advantage program shall provide supplemental assistance to eligible individuals enrolled in a Medicare prescription drug plan, Medicare Advantage prescription drug plan, or a plan offering creditable coverage, and may do so to assist with premiums, deductibles, payments or co-payments that are required by such plans. The executive office shall establish the amount of the supplemental assistance to be provided to enrollees based on a sliding income scale and the coverage provided by the enrollees' Medicare prescription drug plan, Medicare Advantage prescription drug plan or creditable coverage plan. In addition to the eligibility requirements set forth in said section 39 of said chapter 19A, to be considered eligible for the prescription advantage program, an individual shall have a household income of less than 500 per cent of the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services pursuant to 42 U.S.C. 9902(2). Residents of the commonwealth who are not eligible for Medicare shall continue to be eligible for the prescription advantage program pursuant to said section 39 of said chapter 19A.
 

Tourism Fund Formulas

SECTION 123.   Notwithstanding any general or special law to the contrary, the formula for application of funds provided in section 35J of chapter 10 of the General Laws shall not apply in fiscal year 2010.
 

Stabilization Fund Transfer

SECTION 124.   Notwithstanding any general or special law to the contrary, the comptroller shall, not later than June 30, 2010, transfer $199,000,000 to the General Fund from the Commonwealth Stabilization Fund, established by section 2H of chapter 29 of the General Laws, but the comptroller shall instead transfer a lesser amount if the secretary of the executive office for administration and finance so requests in writing.
 

Stabilization Fund Interest

SECTION 125.   Notwithstanding any general or special law to the contrary, the state comptroller shall, not later than June 30, 2010, transfer the interest earned from the Commonwealth Stabilization Fund during fiscal year 2010 to the General Fund.
 

Stabilization Fund Transfer

SECTION 126.   Notwithstanding any general or special law to the contrary, during fiscal year 2010 the comptroller shall not transfer 0.5 per cent of the total revenue from taxes in the preceding fiscal year to the Commonwealth Stabilization Fund, established by section 2H of chapter 29 of the General Laws, as otherwise required pursuant to clause (a) of section 5C of said chapter 29.
 

State Police Association of MA Contract not to Include Quinn

SECTION 128.   (a) Notwithstanding any general or special law to the contrary, any successor agreement to the current collective bargaining agreement for employees of the state police executed by the commonwealth, acting by and through the secretary of administration and finance, and the State Police Association of Massachusetts shall not include benefits pursuant to the career incentive pay program established pursuant to section 108L of chapter 41 of the General Laws. Nothing in this section shall preclude regular full-time members of the state police otherwise eligible for participation in the career incentive pay program established pursuant to said section 108L of said chapter 41 from participating in the program subject to appropriation.

(b) Notwithstanding any general or special law to the contrary, any current regular full-time member of the state police who has not started accumulating points pursuant to said section 108L of said chapter 41, as of September 1, 2009, shall not be eligible to participate in the career incentive pay program established pursuant to said section 108L of said chapter 41; provided, however, that any current regular full-time member of the department of state police who has begun to accumulate points pursuant to said section 108L of said chapter 41 of the General Laws as of September 1, 2009 shall be allowed to accumulate the maximum number of points permissible pursuant to said section 108L of said chapter 41.

(c) Notwithstanding any general or special law to the contrary, regular full-time members of the state police hired on or after July 1, 2009 shall not be eligible to participate in the career incentive pay program established pursuant to said section 108L of said chapter 41 of the General Laws.
 

Continuation of FY2009 Cost Shifts to State Authorities

SECTION 129.   The following agencies or authorities which, as a result of the governor's actions to reduce allotments under section 9C of chapter 29 of the General Laws in fiscal year 2009, assumed or were assigned the responsibility for programs or other services which were otherwise funded in the fiscal year 2009 general appropriation act or a supplementary appropriation act prior to the governor's actions to reduce allotments under said section 9C of said chapter 29, shall continue their contribution for said programs or services in fiscal year 2010:

(a) the Massachusetts Housing Finance Authority, the Massachusetts rental voucher program and subsidies for interest payments on affordable housing bonds;

(b) the Massachusetts Development Finance Authority, the chapter 43D Expedited Permitting Grants and Small Business Technical Assistance Grants;

(c) the Massachusetts Educational Finance Authority, the McNair Scholarship Program;

(d) the Massachusetts Housing Partnership, the Soft Second Mortgage Program and the 40B Technical Assistance Program;

(e) the Massachusetts Convention Center Authority, the Massachusetts Office of Travel and Tourism Marketing program;

(f) the Massachusetts Health Insurance Connector Authority, the MassHealth Outreach Enrollment Grants;

(g) the Commonwealth health and educational facilities authority, the MassHealth Outreach Enrollment Grants; and

(h) the Massachusetts Technology Collaborative, the Massachusetts International Trade Council Funding.
 

Veto Explanation:
I am vetoing this section because it adversely affects financially self-supported independent authorities that serve important public purposes. My Administration has worked closely with our quasi-public entities to identify appropriate and affordable contributions they can make to support state services related to their missions without adversely affecting the core services they were created to provide, and they have made tens of millions of dollars of contributions as a result.This outside section continues programs that were funded, in part, by independent agencies in FY09.

Transfers Among Trust Funds

SECTION 130.   **Item was returned for amendment (Attachment M)



Notwithstanding any general or special law to the contrary, the comptroller shall transfer the following amounts to the General Fund after notice from the secretary of the executive office for administration and finance that sufficient funds are available:



(a) $10,000,000 from the Massachusetts Alternative and Clean Energy Investment Trust Fund, established in section 35FF of chapter 10 of the General Laws;



(b) $5,000,000 from the Workforce Competitiveness Trust Fund, established in section 2WWW of chapter 29 of the General Laws;



(c) $7,000,000 from the Smart Growth Housing Trust Fund established in section 35AA of chapter 10 of the General Laws;



(e) $3,000,000 from the County Registers Technological Fund, established in section 2KKK of chapter 29 of the General Laws;



(f) $3,000,000 from the Massachusetts Science, Technology Engineering, and Mathematics Grant Fund established in section 2MMM of chapter 29; and



(g) $3,000,000 from the Commonwealth Covenant Fund established in section 35EE of chapter 10 of the General Laws.



Transfers under this section shall be made not later than June 30, 2010.

 

Lead Paint Abatement Program

SECTION 131.   Notwithstanding any general or special law to the contrary, the department of environmental protection shall transfer $4,000,000 of funds previously appropriated or loans repaid as a result of item 1231-1020 of section 2 of chapter 151 of the acts of 1996 to the lead paint abatement program established by section 197E of chapter 111 of the General Laws.
 

District Local Technical Assistance Fund

SECTION 132.   **Item was returned for amendment (Attachment N) Updated as Ch. 63 of the Acts of 2009



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 $2,000,000 from the General Fund to the District Local Technical Assistance Fund, established by section 2XXX of chapter 29 of the General Laws.

 

Transfer to Massachusetts Life Sciences Fund

SECTION 133.   **Item was returned for amendment (Attachment O) Updated as Ch. 56 of the Acts of 2009



(a) Notwithstanding any general or special law to the contrary, after complying with clause (a) of section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2009 as follows: (i) the comptroller shall transfer $10,000,000 from the General Fund to the Massachusetts Life Sciences Investment Fund established by section 6 of chapter 23I of the General Laws; and (ii) the remaining balance shall be transferred from the General Fund to the Stabilization Fund.



(b) Notwithstanding any general or special law to the contrary, the total administrative and operational expenses of the Massachusetts Life Sciences Center established in section 3 of said chapter 23I shall not exceed $3,000,000 for fiscal year 2010; provided, however, that said center shall report on the center's annual operating expenses including, but not limited to: payroll costs, contracted personnel costs, consultant costs, travel costs, pension and insurance costs, office related expenses, lease costs, facility operating expenses, energy costs and costs of equipment leases and maintenance. Said center shall file a report with the clerks of the house of representatives and the senate, who shall forward the same to the house and senate committees on ways and means and the joint committee on economic development and emerging technologies on or before February 28, 2010.



(c) All transfers specified in this section shall be made from the undesignated fund balances in the budgetary funds proportionally from the undesignated fund balances, provided that no such transfer shall cause a deficit in any of the funds.

 

Federal Stimulus Decoupling IX

SECTION 134.   Notwithstanding federal income tax treatment to the contrary, for purposes of chapters 62 and 63 of the General Laws, the rules of section 382 of the Internal Revenue Code shall be applied without regard to the treatment of a change in ownership of a bank or other corporation provided in Internal Revenue Service Notice 2008-83 or in any federal statutory or administrative codification, supplement or implementation of such Notice. For purposes of said chapters 62 and 63, Internal Revenue Service Notice 2008-83 and any such codification, supplement or implementation shall have no force or effect in any taxable year.
 

Federal Stimulus Decoupling X

SECTION 135.   Notwithstanding federal income tax treatment to the contrary, for purposes of chapters 62 and 63 of the General Laws, section 382(n) of the Internal Revenue Code, inserted by the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, shall have no force or effect in any taxable year.
 

Special Education Inflation Rate Freeze

SECTION 136.   Notwithstanding any general or special law to the contrary, the operational services division, which, under section 22N of chapter 7 of the General Laws, is responsible for determining prices for programs under chapter 71B of the General Laws, shall set those prices in fiscal year 2010 at the same level calculated for fiscal year 2009, except the prices for those programs for extraordinary relief and reconstruction, as defined in the division's regulations; provided, however, that programs for which prices in fiscal year 2009 were lower than the full amount permitted by the division may charge in fiscal year 2010 the full price calculated for fiscal year 2009; provided further, that the operational services division shall authorize a minimum price for the program to charge out-of-state purchasers; and provided further that, upon request of a program, the division shall determine the minimum price for out-of-state purchasers by identifying the most recent price calculated for the program and applying the estimated rates of inflation which are established by December 1 of each year pursuant to said section 22N of said chapter 7 in a compounded manner for each fiscal year following the most recent calculated price.
 

School Building Authority IV

SECTION 137.   Notwithstanding any general or special law to the contrary, the commonwealth hereby designates the Massachusetts School Building Authority, established in section 1A of chapter 70B of the General Laws, to allocate to governmental issuers of bonds within the commonwealth, pursuant to section 54F(d)(1) of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, including to said authority, the limitation amount allocated to the commonwealth by the United States Department of the Treasury, but not including the amount allocated to large local educational agencies pursuant to section 54F(d)(2) of said act except to the extent that any such large local educational agency reallocates amounts to the commonwealth pursuant to said section 54F(d)(2), in which case such reallocated amounts shall also be allocated by said authority. Notwithstanding section 89 of chapter 71 of the General Laws, or any other general or special law to the contrary, the Massachusetts School Building Authority may, in its discretion, distribute to charter schools proceeds from bonds authorized under section 54F(d)(1) of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, or make a portion of the allocation available to other issuers on behalf of charter schools.
 

Transfer to Commonwealth Transportation Fund

SECTION 138.   (a) Notwithstanding any general or special law to the contrary, upon the effective date of this act, the comptroller shall make a transfer from the General Fund to the Commonwealth Transportation Fund, established pursuant to section 2ZZZ of chapter 29, totaling $275,000,000,. The secretary of administration and finance, in concurrence with the secretary of transportation and public works, shall ensure that $100,000,000 shall be transferred to the Massachusetts Turnpike Authority or its successor in interest in fiscal year 2010 and, to provide for and secure this payment obligation, the secretary of administration and finance, on behalf of the commonwealth, shall, with the concurrence of the secretary of transportation and public works, enter into a contract with the authority before July 1, 2009 providing for the payment of that amount to said authority or its successor in interest in each fiscal year for the purpose of defraying costs, including debt service on bonds heretofore or hereafter issued by the authority or its successor in interest to finance or refinance improvements to the metropolitan highway system. The term of this contract shall extend until the last fiscal year in which any such bonds issued before the date of the contract are scheduled to mature. These payments may be treated as revenues of the authority or of its successor in interest within the meaning of section 6 of chapter 81A of the General Laws and the authority or its successor in interest may pledge such contract and the rights of the authority or its successor in interest to receive amounts thereunder as security for the payment of the bonds issued before the date of the contract or of any bonds or notes issued by the authority or its successor in interest to refinance those bonds. This contract shall constitute a general obligation of the commonwealth for which the full faith and credit of the commonwealth shall be pledged for the benefit of the authority or its successor in interest and of the holders of any bonds or notes secured by a pledge of such contract or of amounts to be received by the authority or its successor in interest under the contract. The payment obligation and contract securing it provided for in this section shall be in addition to the payment obligation provided for under section 12 of said chapter 81A of the General Laws and the contract securing it under said section 12.

(b) The remaining amount transferred under this section shall be distributed to the Massachusetts Bay Transportation Authority and regional transit authorities according the following parameters:

(i) $160,000,000 shall be transferred to the Massachusetts Bay Transportation Authority or any fund controlled by the authority in each fiscal year; and

(ii) $15,000,000 shall be transferred to regional transit authorities organized under chapter 161B or predecessor statutes in each fiscal year.

(c) Notwithstanding any general or special law to the contrary, no contract shall be entered into providing for transferring and securing the additional payment obligation provided for in this section unless the board of the Massachusetts Turnpike Authority has first adopted a budget for fiscal year 2010 that provides for no new toll increase to take effect in fiscal year 2010 in the event that $100,000,000 is transferred to the authority and secured in accordance with this section.
 

Payment from Commonwealth Transportation Fund for Various Transportation Agencies

SECTION 139.   Notwithstanding section 2ZZZ of chapter 29 or any other general or special law to the contrary, during fiscal year 2010, the Commonwealth Transportation Fund may pay for operating expenses of the executive office of transportation, the highway department and the registry of motor vehicles appropriated in the General Appropriations Act until the Massachusetts department of transportation is able to exercise spending authority over those agencies, which shall be not later than November 1, 2009.
 

Spending Oversight of Transportation Agencies

SECTION 140.   Notwithstanding any general or special law to the contrary, the governor or secretary of administration and finance shall ensure that the allotments provided under section 9B of chapter 29 to an agency within the executive office of transportation shall not exceed, and an agency shall not expend in excess of, one quarter of the appropriation for fiscal year 2010 for the agency in each quarter.
 

Veto Explanation:
I am vetoing this section because it unnecessarily restricts flexibility in the transportation reform transition. I will use my existing allotment authority to ensure that spending remains within the legislative appropriation.This outside section prevents agencies that will be transferred to the new Department of Transportation from spending more in each fiscal quarter than allotted to the agencies by the governor.

Commonwealth Transportation Fund Schedule

SECTION 141.   Notwithstanding any general or special law to the contrary, the comptroller shall, in consultation with the state treasurer, the secretary of administration and finance and the secretary of the Massachusetts Department of Transportation, develop a schedule for transferring remaining funds not obligated for debt service, contract assistance or otherwise expended from the Commonwealth Transportation Fund established pursuant to section 2ZZZ of chapter 29 of the General Laws, to the Massachusetts Transportation Trust Fund. The schedule shall provide for transfers in increments considered appropriate to meet the cash flow needs of these funds. The transfers shall not begin before November 1, 2009 and shall be completed on or before June 30, 2010.
 

Emergency Housing Program

SECTION 142.   Notwithstanding any general or special law to the contrary, applications for assistance from the emergency housing program established in section 30 of chapter 23B of the General Laws shall be taken and processed at offices of the department of transitional assistance until the department of housing and community development develops an operational plan ensuring that convenient access to emergency housing assistance will not be impaired by any alternative arrangement. The department of housing and community development shall provide the joint committee on children, families and persons with disabilities, the joint committee on housing and the house and senate committees on ways and means with 180 days advance notice of any proposal to stop making emergency housing assistance accessible in offices of the department of transitional assistance. The department of housing and community development shall provide said committees with a copy of the operational plan and, in cooperation with the department of transitional assistance, an analysis of the impact of such plan on the ability of homeless and at-risk families to conveniently access emergency housing assistance, food stamps and cash assistance. Nothing in this section shall prevent the department from making emergency housing assistance available at locations in addition to offices of the department of transitional assistance.
 

Asian Longhorned Beetle Study

SECTION 143.   The department of conservation and recreation shall conduct an environmental study in the city of Worcester and in certain other towns within the county of Worcester to determine the long-term effects due to the eradication process for the permanent removal of the Asian longhorned beetle. The area of study shall include the city of Worcester and other towns within the county of Worcester including Boylston, Holden, Shrewsbury and West Boylston. The study shall determine the impact on the immediate environment, and shall include the replacement of a natural barrier, the restoration of indigenous wildlife, the cost of such remediation and long-term planning and solutions. The department of conservation and recreation shall report to the general court the results of its investigation and study and its recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the house of representatives and senate and the joint committee on environment, natural resources and agriculture by December 31, 2009.
 

Monson and Templeteon Developmental Centers

SECTION 144.   **Item was returned for amendment (Attachment P) Updated as Ch. 59 of the Acts of 2009



(a) As used in this section, the following words shall, unless the context clearly indicates otherwise, have the following meanings:-



"Commissioner", the commissioner of capital asset management and maintenance.



"Developer", a person, entity or governmental body that acquires an ownership or leasehold interest in the site or any portion thereof pursuant to this section.



"Division", the division of capital asset management and maintenance.



"MDC committee", the Monson Developmental Center Reuse Committee, which shall include 3 representatives of the town of Monson, 1 of whom shall be a member of the Monson board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Monson planning board or his designee, and 1 of whom shall be chosen by the Monson board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; and 1 representative of Parents and Friend. Such members shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.



"MDC site," the area of state-owned land located in the town of Monson known as the Monson Developmental Center, together with the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto.



"Plan", a reuse plan prepared by the MDC committee and TDC committee which shall be approved by the commissioner and filed in accordance with subsection (b); provided, however, that the plan may be enhanced, refined or amended from time to time as provided in this section and shall include uses that promote environmental preservation, open space and any other use found to be appropriate by the town and the committee.



"Selection committee", the proposal selection committee established to review proposals and make recommendations to the commissioner, which shall include 1 representative of the respective town chosen by the board of selectmen to be appointed annually; 1 representative of the division of capital asset management and maintenance; 1 representative from the MDC committee; and 1 representative from the TDC committee.



"TDC committee", the Templeton Developmental Center Reuse Committee, which shall include 3 representatives of the town of Templeton, 1 of whom shall be a member of the Templeton board of selectmen or his designee who shall serve as chairperson, 1 of whom shall be a member of the Templeton planning board or his designee, and 1 of whom shall be chosen by the Templeton board of selectmen; 1 representative of the community preservation committee; 1 representative of the division of capital asset management and maintenance; and 1 representative of the legal guardians of the clients currently housed at Templeton Developmental Center. Such members shall be appointed annually by the local governing authority. The senator and representative who represent the town shall serve as ex-officio members.



"TDC site", the area of state-owned land located in the town of Templeton known as the Templeton Developmental Center, together with the buildings and improvements thereon and the rights, easements and other interests appurtenant thereto.



(b) The commissioner shall undertake planning, studies and preparation of plans and specifications necessary to carry out the provisions of this section consistent with the plan. The TDC committee and MDC committee shall file the plans with the commissioner within 180 days after the effective date of this section. The commissioner shall consult with the TDC committee and the MDC committee on any amendment to the plan and shall develop, issue and advertise requests for proposals consistent with the plan within 90 days of receipt of the plan. Upon receipt of proposals the commissioner shall convene the selection committees for the purpose of reviewing and making recommendations regarding selection to the commissioner. The respective town's governing authority shall be encouraged to submit proposals for uses consistent with the plan for some or all of the property. Should proposals from the municipalities be among those recommended to the commissioner, the commissioner shall reasonably accommodate the schedule required for town meeting votes, should said vote be required to complete or approve a proposal, prior to making any final decisions on the proposals. In regard to TDC, any re-use must be consistent with chapter 504 of the acts of 2002 which limits some uses on the TDC site. Further, any reuse shall be consistent with restrictions resulting from the TDC and MDC sites being listed on the National Historic Register.



(c) The commissioner may, subject to sections 40E to section 40J, inclusive, of chapter 7 of the General Laws, and in accordance with this section and the plan and subject to such terms and conditions as the commissioner may, from time to time, prescribe, solicit, evaluate and select development proposals, enter into land disposition agreements, enter into agricultural leases for up to 5 years, sell, lease for terms of up to 99 years including extensions or otherwise grant, convey or transfer to a developer, any interest in the site or portions thereof and any facilities, associated improvements or appurtenances thereon, on such terms and conditions as the commissioner deems appropriate provided the end use meets the guidelines developed by the MDC committee and the TDC committee. The amount of consideration for the sale, lease or other disposition of any interest in the sites or portion thereof shall be the full and fair market value or the highest and best value of the property determined by independent appraisal. Additionally, the respective towns may to collect property taxes or payments in lieu of taxes if land is leased or sold for taxable uses. The inspector general shall review and comment on the appraisal and the review shall include an examination of the methodology used for the appraisal. The inspector general shall prepare a report of his review and file said report with the commissioner for submission to the house and senate committees on ways and means and the joint committee on state administration. No less than 2 public comment sessions shall take place. The developer shall be responsible for any costs of appraisals, surveys and other expenses relating to the transfer of the parcel or for any costs, liabilities and expenses of any nature and kind for the development, maintenance or operation of the parcel. In the event the parcel of land ceases to be used at any time for the purposes contained herein as deemed by the appropriate reuse committee, the parcel of land shall revert to the care and control of the division of capital asset management and maintenance and any further disposition of the parcel of land shall be subject to said sections 40E to 40J, inclusive, of said chapter 7. The town that contains the affected property shall retain the right to contend that the current use of the property is not appropriate through action of the local board of selectmen or town meeting vote. The commissioner shall, 30 days before the execution of any agreement or amendment thereto authorized by this section, submit the agreement or amendment and a report thereon to the inspector general for review and comment. No less than 2 public comment sessions shall take place. The inspector general shall issue his review and comment within 30 days after receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration at least 30 days before execution.



(d) The affected town's board of selectmen shall have the right of first refusal before any decision is made as to the reuse or sale of either the land or facilities in each town.



(e) Notwithstanding any general or special law to the contrary, the commissioner may, subject to appropriation, and subject to sections 40E to 40G, inclusive, 40I and 40J of chapter 7 of the General Laws retain, accept or acquire by purchase, transfer, lease, eminent domain, pursuant to chapter 79 of the General Laws, or otherwise, grant by deed, transfer, lease, eminent domain, pursuant to said chapter 79, or otherwise, or grant by deed, transfer, lease or otherwise, any rights-of-way or easements, in, over and beneath the site or portions thereof or other property in the commonwealth contiguous to the site for drainage, access, egress, utilities and other purposes, as the commissioner deems necessary and appropriate to carry out the purposes of this section. The commissioner shall seek advice from the appropriate reuse committee prior to the implementation of any action.



(f) The department of developmental services, with the approval of the commissioner, may enter into contracts for the provision of building management services for buildings and facilities located on the site as deemed by the commissioner and the reuse committee.



(g) Notwithstanding any general or special law to the contrary, the commissioner may employ designers who prepare studies or programs or other design services for the construction, renovation, reconstruction, alteration, improvement, demolition, expansion or repair of buildings on the MDC site and the TDC site to prepare plans and specifications and provide any other design services deemed necessary by the commissioner for such projects. The commissioner shall obtain an independent comprehensive value engineering review of the completed study and program to identify proposed functions of the facility, evaluate the construction cost estimates, calculate estimated life-cycle costs and develop recommended design changes that will produce a more cost-effective facility by modifying or eliminating features that add cost but do not add to the quality, useful life, utility or appearance of the facility. The commissioner shall obtain an independent comprehensive value engineering review of the completed schematic design documents to identify proposed functions of the facility, evaluate the construction cost estimates, calculate estimated life-cycle costs and develop recommended design changes that will produce a more cost-effective facility by modifying or eliminating features that add cost but do not add to the quality, useful life, utility or appearance of the facility before the acceptance by the commissioner. The commissioner shall document the reasons for accepting, modifying or rejecting all value engineering recommendations.

 

Water Infrastructure Finance Commission

SECTION 145.   (a) There shall be a special water infrastructure finance commission to develop a comprehensive, long-range water infrastructure finance plan for the commonwealth and municipalities.

(b) The commission shall consist of the commissioner of environmental protection or his designee; the state treasurer or his designee; 2 people to be appointed by the president of the senate, 1 of whom shall be a member of the senate and 1 of whom shall be a representative of a planning organization, environmental consumer organization or other public interest organization; 2 people to be appointed by the speaker of the house of representatives, 1 of whom shall be a member of the house of representatives and 1 of whom shall be a representative of a planning organization, environmental consumer organization or other public interest organization; 1 person to be appointed by the minority leader of the senate and 1 person to be appointed by the minority leader of the house of representatives, each of whom shall be from different geographic regions of the commonwealth and who shall be representatives of the business community; a representative of the Boston Water and Sewer Commission; and 9 persons to be appointed by the governor who shall not be employees of the executive branch and who shall reside in different geographic regions of the commonwealth, 1 of whom shall be a representative of the American Council of Engineering Companies of Massachusetts, 1 of whom shall be a representative of the Utility Contractors' Association of New England, 1 of whom shall be a representative of the Massachusetts Waterworks Association, 1 of whom shall be a representative of the Massachusetts Municipal Association, 1 of whom shall be a representative of Clean Water Action, 1 of whom shall be a representative of Associated Industries of Massachusetts, 1 of whom shall be a representative of the Environmental League of Massachusetts, 1 of whom shall be a representative of the Conservation Law Foundation and 1 of whom shall be a representative of the Massachusetts Water Pollution Control Association. Each of those organizations shall provide a list of at least 3 but not more than 5 candidates for consideration by the governor. Each of the members shall be an expert or shall have experience in the field of law or public policy, water, wastewater or storm water planning, design and construction of water, wastewater or storm water projects, utility management, management consulting or organizational finance; provided, however, that at least 1 member shall have expertise in organizational finance. The governor shall designate a member to serve as the chairperson of the commission but the chairperson shall not be the commissioner of environmental protection, the state treasurer or their designees. The members of the commission shall be appointed not later 90 days after the effective date of this act and shall serve until the completion of the long-range infrastructure finance plan.

(c) In the course of its deliberations, the commission shall make it a priority to examine the technical and financial feasibility of sustaining, integrating and expanding public water systems, conservation and efficiency programs, wastewater systems and storm water systems of municipalities and the commonwealth, including regional or district systems. Further, the commission shall: (1) examine the water infrastructure needs of the commonwealth for the next 25 years as they relate to the funding gap between the water infrastructure needs of the commonwealth and the existing, available sources of funding; (2) develop mechanisms for additional funding for water infrastructure by increasing investment in critical water, wastewater, storm water and water conservation infrastructure; (3) provide mechanisms for improvements in the handling and management of water programs; (4) examine the potential threats to public health and public safety from the existing shortfalls in funding for water infrastructure; (5) examine and develop recommendations on ways in which the commonwealth and its municipalities may meet operation and maintenance and capital improvement and reconstruction needs for the next 25 years including, without limitation, recommendations regarding debt reduction, enhancing existing sources of revenues, developing new sources of revenues, establishing new incentives for public-private partnerships in the development of real property resources and funding resources; and (6) examine the expanded use of full accounting systems and enterprise funding, asset management systems and best management practices, compliance with chapter 21G of the General Laws, the Massachusetts water policy and current federal and state funding programs.

(d) The commission shall examine the finances of the various municipalities and regional water districts, including state and federal aid levels, and make recommendations for improvements to financial policies and procedures. The commission shall identify areas where cost savings can be achieved across water agencies by consolidation, coordination and reorganization. The commission shall examine the projected federal funding, projected state funding, projected local funding, projected fee-based funding, debt financing and any other sources of projected funding to finance water infrastructure needs identified by the commission.

(e) The commission shall develop recommendations as to what funding or finance measures the commonwealth or municipalities may pursue to satisfy any unmet funding needs identified by the commission. The recommendations shall also include any recommendation for interagency agreements, intermunicipal agreements, consolidations or mergers to enable the commonwealth and municipalities to make the most effective use of water funding resources. The recommendations shall identify fair and equitable means of financing water infrastructure investments through taxes, fees, user charges or other sources.

(f) The commission may hold public hearings to assist in the collection and evaluation of data and testimony.

(g) The commission shall prepare a written report detailing its financials relative to identified funding sources and its recommendations, if any, together with drafts of legislation necessary to carry those recommendations into effect. The commission shall submit its initial report to the governor, the secretary of the executive office of energy and environmental affairs, the clerks of the senate and house of representatives, the chairs of the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture not later than 2 years after the effective date of this act.

(h) Any research, analysis or other staff support that the commission reasonably requires shall be provided by the executive office of energy and environmental affairs and its agencies, with assistance from the Massachusetts Water Resources Authority.
 

Veto Explanation:
I am vetoing this section because it requires scarce state resources to duplicate my Administration's already substantial efforts to formulate a comprehensive interagency water proposal.This outside section establishes a commission to review the long term water infrastructure finance plans.

Regionalization Commission

SECTION 146.   **Item was returned for amendment (Attachment Q) Updated as Ch. 60 of the Acts of 2009



Notwithstanding any general or special law to the contrary, there shall be a 17 member Massachusetts regionalization advisory commission consisting of the following members: the secretary of the executive office for administration and finance, or his designee, who shall serve as chair of the commission; the secretary of the executive office of health and human services or his designee; the secretary of the executive office of energy and environmental affairs or his designee; the secretary of the executive office of public safety or his designee; the secretary of the executive office of transportation and public works or his designee; the secretary of the executive office of elder affairs or his designee; the secretary of the executive office of veterans' affairs or his designee; the secretary of the executive office of labor and workforce development or his designee; the secretary of the executive office of education or his designee; the secretary of the executive office of housing and economic development or his designee; the president of the senate or his designee; the speaker of the house of representatives or his designee; a representative from the metropolitan area planning council; a representative from the Massachusetts Municipal Association; and 3 members to be appointed by the governor all of whom shall have knowledge and experience in 1 or more of the following areas: municipal government and services, municipal agreements, shared services or regionalization. Each member shall serve without compensation.



The commission shall review all aspects of regionalization including possible opportunities, benefits and challenges to regionalizing services within the commonwealth. The commission shall consider the costs and effects of regionalizing all services including, but not limited to: education, public safety, public health, public works, housing, veterans' services, workforce development, municipal finance and structure, elder services and transportation.



The commission shall submit its finding and recommendations for regionalizing services, together with drafts of legislation necessary to carry those recommendations into effect by filing the same with the clerks of the house of representatives and senate, the house and senate committees on ways and means and the joint committee on municipalities and regional government not later than April 30, 2010.

 

Effective date of Taxes

SECTION 147.   In the case of retail sales of gas, steam, electricity or telecommunications services, billed on a recurring basis, the rate stated in section 2 of chapter 64H of the General Laws and section 2 of chapter 64I of the General Laws shall apply as of the first billing period starting on or after the effective date.
 

Sales Tax Transition Rules

SECTION 148.   The commissioner of revenue may adopt reasonable transition rules, by regulation or otherwise, including but not limited to the application of the sales and use tax rate increase authorized by this act to: (1) building materials and supplies to be used in construction, reconstruction, alteration, remodeling or repair of any building or structure pursuant to a contract entered into before the effective date of the rate increase or entered into within 60 days after said effective date pursuant to a bid required to be submitted before said date; (2) unconditional written contracts for the sale of tangible personal property subject to sales or use tax entered into before the effective date of the sales and use tax rate increase where such property is delivered not later than 90 days from said effective date; or (3) periodic bills for taxable services including periods before and after the effective date of the rate increase. For purposes of subsection (1), the sale or use must take place before January 1, 2011. For purposes of subsections (1) and (2), sale or use excludes the rental or lease of tangible personal property.
 

Telecom - Effective Dates -2

SECTION 149.   Section 25 shall take effect as of January 1, 2009 and shall apply to property taxes assessed for fiscal years beginning on or after July 1, 2009. Notwithstanding any general or special law to the contrary, for fiscal year 2010, the assessors of any city or town may assess taxes for any personal property taxable under section 25 not included in the fiscal year 2010 annual tax assessment to its owner in the manner and within the time provided by section 75 or 76 of chapter 59 of the General Laws.
 

DIrect Broadcast Satellite Service Tax III

SECTION 150.   Chapter 64M of the General Laws, inserted by section61, shall take effect on August 1, 2009 and shall apply to gross revenues derived by a direct broadcast satellite service provider that are billed to subscribers or customers on or after that date.
 

Effective Date for Federal Stimulus Decoupling I

SECTION 151.   Section 26 shall be effective for taxable years ending on or after January 1, 2009.
 

Federal Stimulus Decoupling XII

SECTION 152.   Sections 27, 42, 44 and 49 shall apply to obligations issued after August 31, 2008 in taxable years ending after that date.
 

Federal Stimulus Decoupling XIII

SECTION 153.   Sections 41, 43 and 48 shall be effective for discharges in taxable years ending after December 31, 2008.
 

Hotel/Motel Tax - Effective Date

SECTION 154.   Sections 50, 51 and 52 shall take effect on August 1, 2009.
 

Effective Date for Sales Tax

SECTION 155.   Sections 53, 54, 56, 57, 58 and 59 shall take effect on August 1, 2009.
 

Effective Date of Meals Excise Tax

SECTION 156.   Sections 32, 36 and 60 shall take effect on October 1, 2009.
 

Elimination of Sales Tax Exemption - Effective Date

SECTION 157.   Section 55 shall take effect on August 1, 2009.
 

Modification of Film Credit - 3

SECTION 158.   Sections 28 and 46 shall take effect for motion picture production companies filing film credit applications received by the commissioner on or after January 1, 2009, provided that it shall not apply to motion picture production companies filing sales tax exemption applications, as provided under paragraph (ww) of section 6 of chapter 64H, that are received by the commissioner before June 1, 2009.
 

Delays Effective Date of Trust Rule

SECTION 159.   Nothing in section 101 shall affect the validity of any action taken pursuant to chapter 524 of the acts of 2008 between April 15, 2009 and effective date of this act.
 

Effective Date of Trust Rule

SECTION 160.   Section 102 shall take effect on July 1, 2010.
 

Effective Date

SECTION 161.   Except as otherwise specified, this act shall take effect on July 1, 2009.