Outside Sections
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, 2015 the distribution to cities and towns of the balance of the State Lottery and Gaming 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 and the Gaming Local Aid Fund, shall be $945,750,001 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 2015 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 pursuant to chapter 70 of the General Laws.
For fiscal year 2015, the foundation budget category of "pre-school enrollment" shall be defined as the number of students enrolled in pre-school programs and all other foundation budget categories for each district shall be calculated in the same manner as in fiscal year 2014. The target local share shall be calculated using the same methodology used in fiscal year 2014. Preliminary local contribution shall be the municipality's fiscal year 2014 minimum required local contribution, increased or decreased by the municipal revenue growth factor; provided, that if a municipality's preliminary local contribution as a percentage of its foundation budget is more than 2.5 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 7.5 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. Minimum required local contribution for fiscal year 2015 shall be, for any municipality with a fiscal year 2015 preliminary contribution greater than its fiscal year 2015 target contribution, the preliminary local contribution reduced by 50 per cent of the gap between the preliminary local contribution and the target local contribution. No minimum required local contribution shall be greater than 90 percent of the district's foundation budget amount. 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. For fiscal year 2015, the "foundation aid increment" shall be the difference between: (a) the positive difference between a district's foundation budget and its required district contribution; and (b) prior year aid. The "down payment aid increment" shall be 35 per cent of the positive difference between 100 per cent of a district's target aid share and its prior year chapter 70 aid, minus the foundation aid increment. The "minimum aid increment" shall be equal to (a) $25 multiplied by the district's foundation enrollment minus (b) the sum of the foundation aid increment and down payment aid increment.
Chapter 70 aid for fiscal year 2015 shall be the sum of prior year aid plus the foundation aid increment, if any, plus the down payment aid increment, if any, plus the minimum aid increment, if any. No non-operating district shall receive chapter 70 aid in an amount greater than the district's foundation budget.
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 pursuant to this section to cities, towns or counties maintaining an agricultural school 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 administration and finance, under guidelines established by the secretary.
Municipality | 7061-0008 Chapter 70 | Unrestricted General Government Aid |
|---|---|---|
| ABINGTON | 7,423,394 | 1,750,435 |
| ACTON | 0 | 1,244,709 |
| ACUSHNET | 6,150,152 | 1,349,164 |
| ADAMS | 0 | 2,083,198 |
| AGAWAM | 18,827,347 | 3,278,114 |
| ALFORD | 0 | 12,487 |
| AMESBURY | 8,807,407 | 1,731,083 |
| AMHERST | 5,925,198 | 7,491,306 |
| ANDOVER | 9,042,864 | 1,589,987 |
| AQUINNAH | 0 | 2,079 |
| ARLINGTON | 10,234,582 | 6,750,750 |
| ASHBURNHAM | 0 | 707,489 |
| ASHBY | 0 | 389,623 |
| ASHFIELD | 93,413 | 165,196 |
| ASHLAND | 5,517,160 | 1,203,315 |
| ATHOL | 0 | 2,355,775 |
| ATTLEBORO | 34,235,474 | 5,076,341 |
| AUBURN | 8,389,817 | 1,523,900 |
| AVON | 946,829 | 616,733 |
| AYER | 0 | 673,619 |
| BARNSTABLE | 8,440,922 | 1,871,692 |
| BARRE | 0 | 800,277 |
| BECKET | 76,563 | 80,809 |
| BEDFORD | 4,145,009 | 1,021,449 |
| BELCHERTOWN | 13,481,666 | 1,514,022 |
| BELLINGHAM | 8,245,235 | 1,509,875 |
| BELMONT | 6,420,104 | 2,009,147 |
| BERKLEY | 3,875,013 | 541,410 |
| BERLIN | 437,180 | 179,400 |
| BERNARDSTON | 0 | 258,803 |
| BEVERLY | 7,336,283 | 5,196,353 |
| BILLERICA | 18,486,609 | 5,181,504 |
| BLACKSTONE | 91,224 | 1,217,946 |
| BLANDFORD | 43,655 | 112,986 |
| BOLTON | 0 | 175,684 |
| BOSTON | 210,991,435 | 168,584,213 |
| BOURNE | 4,877,338 | 1,304,407 |
| BOXBOROUGH | 0 | 224,457 |
| BOXFORD | 1,625,748 | 432,562 |
| BOYLSTON | 443,238 | 304,792 |
| BRAINTREE | 14,627,262 | 5,091,830 |
| BREWSTER | 930,169 | 351,340 |
| BRIDGEWATER | 36,107 | 3,240,908 |
| BRIMFIELD | 1,202,422 | 346,924 |
| BROCKTON | 164,865,060 | 18,631,269 |
| BROOKFIELD | 1,366,890 | 439,345 |
| BROOKLINE | 11,159,462 | 5,649,406 |
| BUCKLAND | 0 | 272,460 |
| BURLINGTON | 5,684,571 | 2,330,303 |
| CAMBRIDGE | 10,513,263 | 19,116,026 |
| CANTON | 4,936,587 | 1,908,176 |
| CARLISLE | 859,890 | 195,199 |
| CARVER | 9,731,289 | 1,299,896 |
| CHARLEMONT | 61,250 | 155,539 |
| CHARLTON | 21,633 | 1,289,153 |
| CHATHAM | 0 | 133,917 |
| CHELMSFORD | 10,346,618 | 4,516,342 |
| CHELSEA | 64,490,888 | 7,308,080 |
| CHESHIRE | 13,005 | 546,626 |
| CHESTER | 126,262 | 160,201 |
| CHESTERFIELD | 133,114 | 122,853 |
| CHICOPEE | 57,250,917 | 10,246,539 |
| CHILMARK | 0 | 3,337 |
| CLARKSBURG | 1,769,100 | 323,700 |
| CLINTON | 11,251,679 | 2,094,666 |
| COHASSET | 2,265,937 | 457,801 |
| COLRAIN | 5,145 | 256,812 |
| CONCORD | 2,573,232 | 1,032,288 |
| CONWAY | 606,379 | 159,028 |
| CUMMINGTON | 73,684 | 74,231 |
| DALTON | 272,926 | 1,012,394 |
| DANVERS | 6,334,657 | 2,534,348 |
| DARTMOUTH | 9,326,041 | 2,243,106 |
| DEDHAM | 4,312,268 | 2,909,839 |
| DEERFIELD | 1,059,343 | 427,382 |
| DENNIS | 0 | 484,603 |
| DEVENS | 308,558 | |
| DIGHTON | 0 | 688,044 |
| DOUGLAS | 8,530,840 | 649,363 |
| DOVER | 690,567 | 171,170 |
| DRACUT | 18,761,667 | 3,117,679 |
| DUDLEY | 9,262 | 1,589,848 |
| DUNSTABLE | 0 | 218,858 |
| DUXBURY | 4,782,129 | 788,744 |
| EAST BRIDGEWATER | 10,306,507 | 1,331,926 |
| EAST BROOKFIELD | 186,016 | 258,065 |
| EAST LONGMEADOW | 9,901,624 | 1,287,999 |
| EASTHAM | 334,856 | 132,569 |
| EASTHAMPTON | 7,731,667 | 2,501,095 |
| EASTON | 9,531,741 | 1,948,596 |
| EDGARTOWN | 535,881 | 59,272 |
| EGREMONT | 0 | 56,143 |
| ERVING | 431,895 | 59,807 |
| ESSEX | 0 | 217,861 |
| EVERETT | 60,635,188 | 6,147,468 |
| FAIRHAVEN | 7,383,635 | 2,006,530 |
| FALL RIVER | 102,929,032 | 21,204,854 |
| FALMOUTH | 5,403,420 | 1,233,630 |
| FITCHBURG | 45,409,881 | 7,593,640 |
| FLORIDA | 537,067 | 44,290 |
| FOXBOROUGH | 8,597,390 | 1,325,396 |
| FRAMINGHAM | 33,596,455 | 8,852,834 |
| FRANKLIN | 27,423,796 | 2,198,705 |
| FREETOWN | 388,787 | 844,945 |
| GARDNER | 19,023,155 | 3,770,660 |
| GEORGETOWN | 5,297,543 | 637,437 |
| GILL | 0 | 216,437 |
| GLOUCESTER | 6,157,967 | 3,553,842 |
| GOSHEN | 96,111 | 71,186 |
| GOSNOLD | 16,414 | 1,866 |
| GRAFTON | 10,571,515 | 1,391,301 |
| GRANBY | 4,537,515 | 785,673 |
| GRANVILLE | 0 | 142,664 |
| GREAT BARRINGTON | 0 | 675,303 |
| GREENFIELD | 11,983,812 | 2,825,007 |
| GROTON | 0 | 689,280 |
| GROVELAND | 42,110 | 647,718 |
| HADLEY | 938,254 | 403,848 |
| HALIFAX | 2,699,817 | 807,743 |
| HAMILTON | 16,844 | 597,837 |
| HAMPDEN | 0 | 612,198 |
| HANCOCK | 199,115 | 50,239 |
| HANOVER | 6,590,764 | 1,884,963 |
| HANSON | 52,462 | 1,139,483 |
| HARDWICK | 7,892 | 414,252 |
| HARVARD | 1,816,706 | 1,317,766 |
| HARWICH | 0 | 383,287 |
| HATFIELD | 786,221 | 277,647 |
| HAVERHILL | 45,091,781 | 8,745,480 |
| HAWLEY | 35,202 | 38,509 |
| HEATH | 0 | 74,450 |
| HINGHAM | 6,499,060 | 1,404,322 |
| HINSDALE | 104,683 | 198,125 |
| HOLBROOK | 5,309,934 | 1,312,936 |
| HOLDEN | 0 | 1,701,265 |
| HOLLAND | 907,048 | 179,600 |
| HOLLISTON | 7,155,225 | 1,377,967 |
| HOLYOKE | 69,785,403 | 9,037,066 |
| HOPEDALE | 5,914,920 | 580,232 |
| HOPKINTON | 5,873,878 | 699,002 |
| HUBBARDSTON | 0 | 400,828 |
| HUDSON | 10,859,647 | 1,774,398 |
| HULL | 3,708,196 | 1,885,758 |
| HUNTINGTON | 257,686 | 306,670 |
| IPSWICH | 3,032,975 | 1,428,362 |
| KINGSTON | 4,188,865 | 854,087 |
| LAKEVILLE | 73,946 | 728,070 |
| LANCASTER | 3,597 | 850,568 |
| LANESBOROUGH | 747,323 | 306,945 |
| LAWRENCE | 169,171,876 | 17,471,389 |
| LEE | 1,980,674 | 554,161 |
| LEICESTER | 9,534,162 | 1,545,000 |
| LENOX | 1,185,105 | 474,293 |
| LEOMINSTER | 43,390,737 | 5,092,673 |
| LEVERETT | 277,216 | 158,830 |
| LEXINGTON | 9,584,428 | 1,363,715 |
| LEYDEN | 0 | 73,264 |
| LINCOLN | 841,588 | 605,776 |
| LITTLETON | 3,770,463 | 632,516 |
| LONGMEADOW | 4,363,911 | 1,243,190 |
| LOWELL | 135,128,765 | 22,412,842 |
| LUDLOW | 13,351,728 | 2,718,292 |
| LUNENBURG | 5,605,872 | 940,983 |
| LYNN | 138,630,541 | 19,922,673 |
| LYNNFIELD | 4,036,801 | 925,438 |
| MALDEN | 47,246,321 | 11,163,715 |
| MANCHESTER | 0 | 197,885 |
| MANSFIELD | 18,283,964 | 1,984,837 |
| MARBLEHEAD | 5,381,364 | 1,013,280 |
| MARION | 595,842 | 200,778 |
| MARLBOROUGH | 19,543,643 | 4,843,852 |
| MARSHFIELD | 13,963,368 | 1,927,648 |
| MASHPEE | 4,359,861 | 327,382 |
| MATTAPOISETT | 661,547 | 360,644 |
| MAYNARD | 4,180,313 | 1,397,948 |
| MEDFIELD | 5,862,409 | 1,289,875 |
| MEDFORD | 11,332,041 | 10,793,453 |
| MEDWAY | 10,117,244 | 1,085,599 |
| MELROSE | 7,867,296 | 4,563,432 |
| MENDON | 12,050 | 363,633 |
| MERRIMAC | 39,015 | 748,684 |
| METHUEN | 40,839,452 | 4,838,120 |
| MIDDLEBOROUGH | 17,459,284 | 2,193,849 |
| MIDDLEFIELD | 18,050 | 47,304 |
| MIDDLETON | 1,550,526 | 486,871 |
| MILFORD | 20,022,624 | 2,717,877 |
| MILLBURY | 6,879,058 | 1,575,694 |
| MILLIS | 4,625,472 | 931,622 |
| MILLVILLE | 26,010 | 362,452 |
| MILTON | 5,964,022 | 2,859,154 |
| MONROE | 49,377 | 16,361 |
| MONSON | 7,372,025 | 1,161,557 |
| MONTAGUE | 0 | 1,275,253 |
| MONTEREY | 0 | 41,141 |
| MONTGOMERY | 21,042 | 77,223 |
| MOUNT WASHINGTON | 32,776 | 26,674 |
| NAHANT | 477,893 | 336,212 |
| NANTUCKET | 2,126,945 | 70,503 |
| NATICK | 8,681,240 | 3,390,794 |
| NEEDHAM | 8,239,740 | 1,553,368 |
| NEW ASHFORD | 179,597 | 18,074 |
| NEW BEDFORD | 123,501,948 | 20,469,520 |
| NEW BRAINTREE | 5,595 | 117,466 |
| NEW MARLBOROUGH | 0 | 52,112 |
| NEW SALEM | 0 | 92,323 |
| NEWBURY | 16,844 | 460,832 |
| NEWBURYPORT | 3,658,992 | 2,269,433 |
| NEWTON | 19,617,930 | 5,229,226 |
| NORFOLK | 3,312,405 | 853,331 |
| NORTH ADAMS | 13,556,793 | 3,947,720 |
| NORTH ANDOVER | 7,262,286 | 1,823,584 |
| NORTH ATTLEBOROUGH | 19,941,736 | 2,560,030 |
| NORTH BROOKFIELD | 4,187,213 | 709,038 |
| NORTH READING | 6,739,782 | 1,579,952 |
| NORTHAMPTON | 7,093,554 | 3,911,035 |
| NORTHBOROUGH | 3,712,560 | 992,555 |
| NORTHBRIDGE | 15,214,206 | 1,878,292 |
| NORTHFIELD | 0 | 321,493 |
| NORTON | 12,395,800 | 1,849,420 |
| NORWELL | 3,362,603 | 953,889 |
| NORWOOD | 5,663,726 | 4,138,956 |
| OAK BLUFFS | 650,652 | 64,714 |
| OAKHAM | 0 | 170,720 |
| ORANGE | 5,173,729 | 1,438,047 |
| ORLEANS | 279,616 | 152,846 |
| OTIS | 0 | 32,365 |
| OXFORD | 10,258,149 | 1,829,715 |
| PALMER | 10,664,455 | 1,784,534 |
| PAXTON | 0 | 481,513 |
| PEABODY | 18,472,707 | 6,423,259 |
| PELHAM | 222,256 | 141,642 |
| PEMBROKE | 13,095,032 | 1,495,786 |
| PEPPERELL | 0 | 1,328,082 |
| PERU | 73,500 | 101,623 |
| PETERSHAM | 424,308 | 102,013 |
| PHILLIPSTON | 0 | 164,138 |
| PITTSFIELD | 39,447,163 | 7,682,739 |
| PLAINFIELD | 51,024 | 44,642 |
| PLAINVILLE | 2,806,756 | 675,071 |
| PLYMOUTH | 23,670,917 | 3,486,722 |
| PLYMPTON | 702,595 | 211,103 |
| PRINCETON | 0 | 263,460 |
| PROVINCETOWN | 269,641 | 123,082 |
| QUINCY | 26,024,786 | 16,991,047 |
| RANDOLPH | 14,990,690 | 4,625,199 |
| RAYNHAM | 9,443 | 1,011,845 |
| READING | 10,126,574 | 2,884,740 |
| REHOBOTH | 34,157 | 927,565 |
| REVERE | 50,950,075 | 9,153,463 |
| RICHMOND | 344,169 | 96,270 |
| ROCHESTER | 1,750,422 | 377,931 |
| ROCKLAND | 11,055,738 | 2,352,340 |
| ROCKPORT | 1,377,981 | 389,364 |
| ROWE | 103,362 | 3,506 |
| ROWLEY | 25,266 | 480,537 |
| ROYALSTON | 0 | 159,974 |
| RUSSELL | 168,465 | 219,768 |
| RUTLAND | 0 | 823,147 |
| SALEM | 21,231,627 | 6,138,313 |
| SALISBURY | 33,688 | 562,236 |
| SANDISFIELD | 0 | 30,835 |
| SANDWICH | 6,665,593 | 1,002,938 |
| SAUGUS | 5,266,627 | 3,264,556 |
| SAVOY | 505,329 | 103,102 |
| SCITUATE | 5,110,701 | 1,790,063 |
| SEEKONK | 4,931,240 | 1,094,984 |
| SHARON | 6,865,177 | 1,245,640 |
| SHEFFIELD | 13,886 | 216,783 |
| SHELBURNE | 4,663 | 232,704 |
| SHERBORN | 545,223 | 192,744 |
| SHIRLEY | 0 | 1,167,469 |
| SHREWSBURY | 19,045,813 | 2,478,757 |
| SHUTESBURY | 593,590 | 150,899 |
| SOMERSET | 5,217,678 | 1,364,795 |
| SOMERVILLE | 19,582,488 | 22,420,271 |
| SOUTH HADLEY | 7,724,754 | 2,323,990 |
| SOUTHAMPTON | 2,468,676 | 566,989 |
| SOUTHBOROUGH | 2,777,761 | 389,195 |
| SOUTHBRIDGE | 19,119,369 | 3,130,482 |
| SOUTHWICK | 0 | 1,122,443 |
| SPENCER | 33,717 | 2,012,640 |
| SPRINGFIELD | 301,586,519 | 33,686,269 |
| STERLING | 0 | 616,904 |
| STOCKBRIDGE | 0 | 88,699 |
| STONEHAM | 3,779,409 | 3,307,067 |
| STOUGHTON | 14,600,824 | 2,849,488 |
| STOW | 0 | 374,595 |
| STURBRIDGE | 3,069,295 | 689,397 |
| SUDBURY | 4,466,220 | 1,245,614 |
| SUNDERLAND | 841,288 | 449,758 |
| SUTTON | 5,239,230 | 694,619 |
| SWAMPSCOTT | 3,140,515 | 1,151,802 |
| SWANSEA | 6,481,461 | 1,671,281 |
| TAUNTON | 50,373,614 | 7,484,235 |
| TEMPLETON | 0 | 1,240,844 |
| TEWKSBURY | 12,727,415 | 2,476,625 |
| TISBURY | 474,255 | 87,254 |
| TOLLAND | 0 | 16,447 |
| TOPSFIELD | 1,093,858 | 545,793 |
| TOWNSEND | 0 | 1,169,456 |
| TRURO | 277,556 | 26,770 |
| TYNGSBOROUGH | 7,125,624 | 859,942 |
| TYRINGHAM | 38,498 | 11,298 |
| UPTON | 19,248 | 473,754 |
| UXBRIDGE | 9,122,764 | 1,224,382 |
| WAKEFIELD | 5,317,017 | 2,997,747 |
| WALES | 737,534 | 210,176 |
| WALPOLE | 7,542,981 | 2,267,840 |
| WALTHAM | 9,012,826 | 8,544,931 |
| WARE | 8,736,718 | 1,536,252 |
| WAREHAM | 12,488,232 | 1,760,560 |
| WARREN | 0 | 805,070 |
| WARWICK | 0 | 113,169 |
| WASHINGTON | 2,761 | 84,046 |
| WATERTOWN | 4,334,781 | 5,935,404 |
| WAYLAND | 3,644,813 | 804,349 |
| WEBSTER | 10,515,224 | 2,203,187 |
| WELLESLEY | 7,789,132 | 1,152,722 |
| WELLFLEET | 176,624 | 52,011 |
| WENDELL | 0 | 155,078 |
| WENHAM | 8,422 | 381,157 |
| WEST BOYLSTON | 2,886,885 | 708,982 |
| WEST BRIDGEWATER | 3,006,077 | 581,885 |
| WEST BROOKFIELD | 201,348 | 433,408 |
| WEST NEWBURY | 13,005 | 263,661 |
| WEST SPRINGFIELD | 21,363,060 | 3,189,134 |
| WEST STOCKBRIDGE | 0 | 86,519 |
| WEST TISBURY | 0 | 165,282 |
| WESTBOROUGH | 5,025,628 | 1,031,158 |
| WESTFIELD | 33,214,624 | 5,601,757 |
| WESTFORD | 16,313,850 | 1,891,061 |
| WESTHAMPTON | 454,345 | 128,943 |
| WESTMINSTER | 0 | 582,509 |
| WESTON | 2,988,929 | 332,852 |
| WESTPORT | 4,303,047 | 1,082,592 |
| WESTWOOD | 4,725,913 | 649,183 |
| WEYMOUTH | 27,366,185 | 7,759,007 |
| WHATELY | 250,115 | 119,417 |
| WHITMAN | 78,029 | 2,154,714 |
| WILBRAHAM | 0 | 1,302,311 |
| WILLIAMSBURG | 514,620 | 269,400 |
| WILLIAMSTOWN | 928,776 | 849,565 |
| WILMINGTON | 10,891,330 | 2,212,657 |
| WINCHENDON | 11,251,885 | 1,497,015 |
| WINCHESTER | 7,572,048 | 1,316,578 |
| WINDSOR | 47,361 | 92,406 |
| WINTHROP | 6,298,325 | 3,751,294 |
| WOBURN | 8,202,269 | 5,327,229 |
| WORCESTER | 220,569,583 | 36,978,717 |
| WORTHINGTON | 49,000 | 111,772 |
| WRENTHAM | 3,632,823 | 829,613 |
| YARMOUTH | 0 | 1,123,492 |
| Total Municipal Aid | 3,729,533,553 | 945,750,001 |
| Regional School District | 7061-0008 Chapter 70 | Unrestricted General Government Aid |
| ACTON BOXBOROUGH | 14,254,476 | |
| ADAMS CHESHIRE | 10,121,468 | |
| AMHERST PELHAM | 9,311,217 | |
| ASHBURNHAM WESTMINSTER | 10,138,704 | |
| ASSABET VALLEY | 3,884,226 | |
| ATHOL ROYALSTON | 17,129,715 | |
| AYER SHIRLEY | 8,003,886 | |
| BERKSHIRE HILLS | 2,753,513 | |
| BERLIN BOYLSTON | 1,049,323 | |
| BLACKSTONE MILLVILLE | 10,684,594 | |
| BLACKSTONE VALLEY | 8,056,069 | |
| BLUE HILLS | 4,130,304 | |
| BRIDGEWATER RAYNHAM | 20,536,596 | |
| BRISTOL COUNTY | 2,983,352 | |
| BRISTOL PLYMOUTH | 10,595,527 | |
| CAPE COD | 2,080,187 | |
| CENTRAL BERKSHIRE | 8,498,034 | |
| CHESTERFIELD GOSHEN | 730,880 | |
| CONCORD CARLISLE | 2,020,931 | |
| DENNIS YARMOUTH | 6,718,014 | |
| DIGHTON REHOBOTH | 12,463,021 | |
| DOVER SHERBORN | 1,629,376 | |
| DUDLEY CHARLTON | 23,842,023 | |
| ESSEX AGRICULTURAL | 0 | |
| FARMINGTON RIVER | 407,070 | |
| FRANKLIN COUNTY | 3,437,611 | |
| FREETOWN LAKEVILLE | 10,623,488 | |
| FRONTIER | 2,758,445 | |
| GATEWAY | 5,652,523 | |
| GILL MONTAGUE | 6,065,444 | |
| GREATER FALL RIVER | 15,181,818 | |
| GREATER LAWRENCE | 21,192,544 | |
| GREATER LOWELL | 23,685,627 | |
| GREATER NEW BEDFORD | 24,138,401 | |
| GROTON DUNSTABLE | 10,513,273 | |
| HAMILTON WENHAM | 3,413,341 | |
| HAMPDEN WILBRAHAM | 11,405,264 | |
| HAMPSHIRE | 3,151,983 | |
| HAWLEMONT | 612,202 | |
| KING PHILIP | 7,224,100 | |
| LINCOLN SUDBURY | 2,820,121 | |
| MANCHESTER ESSEX | 2,813,718 | |
| MARTHAS VINEYARD | 2,756,975 | |
| MASCONOMET | 4,875,399 | |
| MENDON UPTON | 12,074,206 | |
| MINUTEMAN | 2,166,677 | |
| MOHAWK TRAIL | 5,897,844 | |
| MONOMOY | 2,708,296 | |
| MONTACHUSETT | 13,800,675 | |
| MOUNT GREYLOCK | 1,693,808 | |
| NARRAGANSETT | 9,731,269 | |
| NASHOBA | 6,492,305 | |
| NASHOBA VALLEY | 3,602,854 | |
| NAUSET | 3,321,529 | |
| NEW SALEM WENDELL | 631,982 | |
| NORFOLK COUNTY | 1,119,501 | |
| NORTH MIDDLESEX | 19,840,443 | |
| NORTH SHORE | 2,685,804 | |
| NORTHAMPTON SMITH | 895,485 | |
| NORTHBORO SOUTHBORO | 2,914,614 | |
| NORTHEAST METROPOLITAN | 8,609,863 | |
| NORTHERN BERKSHIRE | 4,629,241 | |
| OLD COLONY | 3,203,704 | |
| OLD ROCHESTER | 2,382,613 | |
| PATHFINDER | 5,376,310 | |
| PENTUCKET | 12,770,527 | |
| PIONEER | 4,048,786 | |
| QUABBIN | 16,286,563 | |
| QUABOAG | 8,512,186 | |
| RALPH C MAHAR | 5,322,215 | |
| SHAWSHEEN VALLEY | 6,241,111 | |
| SILVER LAKE | 7,617,507 | |
| SOMERSET BERKLEY | 3,820,118 | |
| SOUTH MIDDLESEX | 3,818,291 | |
| SOUTH SHORE | 3,866,773 | |
| SOUTHEASTERN | 13,500,708 | |
| SOUTHERN BERKSHIRE | 1,869,396 | |
| SOUTHERN WORCESTER | 9,852,087 | |
| SOUTHFIELD | 51,667 | |
| SOUTHWICK TOLLAND GRANVILLE | 9,588,623 | |
| SPENCER EAST BROOKFIELD | 13,412,164 | |
| TANTASQUA | 7,701,145 | |
| TRI COUNTY | 5,553,893 | |
| TRITON | 8,362,546 | |
| UPISLAND | 812,797 | |
| UPPER CAPE COD | 2,909,460 | |
| WACHUSETT | 24,988,920 | |
| WHITMAN HANSON | 24,120,485 | |
| WHITTIER | 8,010,859 | |
| Total Regional Aid | 671,162,633 | |
| Total Municipal and Regional Aid | 4,400,696,186 | 945,750,001 |
Iraq and Afghanistan Fallen Heroes Memorial
SECTION 4.
Chapter 2 of the General Laws is hereby amended by inserting after section 6A the following section:-
Section 6B. (a) The Massachusetts Iraq and Afghanistan Fallen Heroes Memorial shall be erected in Seaport Square park in the South Boston Waterfront of the city of Boston and shall be the official memorial of the commonwealth to honor all post-September 11, 2001 veterans of the commonwealth who died while in service to this country in Iraq, Afghanistan and all other operations across the globe and in the United States. The memorial park shall also pay tribute to all veterans of the commonwealth who served after September 11, 2001.
(b) There shall be an Iraq and Afghanistan Memorial monitoring committee to consist of 9 persons, 1 of whom shall be appointed by the president of the senate; 1 of whom shall be appointed by speaker of the house of representatives; 1 of whom shall be appointed by the governor; 2 of whom shall be appointed by the secretary of veterans' services, of whom 1 shall be a Gold Star parent of a fallen service member who served in United States military operations in either Iraq or Afghanistan; and 4 of whom shall be appointed by the executive director of the Massachusetts Iraq and Afghanistan Fallen Heroes Memorial Fund, Inc. Each member, except the Gold Star parent, shall have been a veteran of United States military operations in Iraq or Afghanistan. The committee shall oversee the construction, maintenance and dedication of the memorial. Upon completion and dedication of the memorial all commission duties relative to the memorial shall be the responsibility of the Massachusetts Iraq and Afghanistan Fallen Heroes Memorial Fund, Inc.
Commission on LGBTQQ Youth
SECTION 5.
Section 67 of chapter 3 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 1 and 2, the words "gay and lesbian" and inserting in place thereof the following words:- lesbian, gay, bisexual, transgender, queer and questioning.
Metropolitan beaches commission
SECTION 6.
Said chapter 3 is hereby further amended by adding the following section:-
Section 70. (a) There shall be a permanent commission on the future of the metropolitan beaches to consist of: (i) 3 members of the senate, 1 of whom shall serve as co-chair and 1 of whom shall be the minority leader or a designee; (ii) 3 members of the house of representatives, 1 of whom shall serve as co-chair and 1 of whom shall be the minority leader or a designee; (iii) 1 member who shall be appointed by the secretary of environmental affairs or a designee; (iv) 1 member who shall be appointed by the commissioner of conservation and recreation or a designee; (v) 2 members who shall be appointed by the mayor of the city of Boston, who shall be from the East Boston section of the city of Boston, the Dorchester section of the city of Boston or the South Boston section of the city of Boston; (vi) 6 members shall be appointed by the chief executives or board of selectmen from the cities and towns of Hull, Nahant, Quincy, Revere, Lynn and Winthrop; (vii) 1 member who shall be appointed by the Boston Foundation; (viii) 1 member who shall be appointed by the Greater Boston Chamber of Commerce; and (ix) 1 member who shall be appointed by the Boston University School of Management. The commission shall be under the jurisdiction of the department of conservation and recreation. The commission shall conduct an annual review of the state of metropolitan beaches which shall include a comprehensive study examining the existing maintenance, operational and infrastructure needs for those beaches including, but not limited to, any security and capital-intensive repairs necessary to ensure future recreational use of those beaches. The commission shall also examine best management practices and funding alternatives for each beach including, but not limited to, public-private partnerships, nonprofit entities and other financial means that shall ensure access, quality recreational activities, programming and improved water quality and beautification efforts at those beaches. The commission shall also analyze and make recommendations on alternatives and methods to improve access from metropolitan beaches to the Boston Harbor islands.
(b) For the purposes of this section, "metropolitan beaches" shall include, but not be limited to: (i) Malibu beach, Constitution beach, Carson beach, City Point beach, M Street beach, Pleasure Bay, Savin Hill beach, Pleasure Bay and Tenean beach in the city of Boston and Nantasket beach in the town of Hull; (ii) Nahant beach in the town of Nahant; (iii) Winthrop beach in the town of Winthrop; (iv) Wollaston beach and Squantum Point park in the city of Quincy; (v) Revere beach and Short beach in the city of Revere; and (vi) Red Rock park and Lynn beach in the city of Lynn.
(c) The commission shall hold annual hearings within close proximity to Boston Harbor beaches to solicit testimony from interested stakeholders including, but not limited to: (i) the executive office of energy and environmental affairs; (ii) the department of conservation and recreation; (iii) the Massachusetts Water Resources Authority; (iv) the Massachusetts Port Authority; (v) the Massachusetts Bay Transportation Authority; (vi) the Boston Harbor Association, Inc.; (vii) the Boston Harbor Island Alliance, Inc.; (viii) Save The Harbor, Save The Bay, Inc.; (ix) local municipalities; (x) nonprofit organizations; (xi) friends' groups; and (xii) business and community leaders.
(d) The commission shall file a report containing its recommendations with the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on the environment, natural resources and agriculture annually, by June 1.
Blue Star Mothers Month
SECTION 7.
Chapter 6 of the General Laws is hereby amended by inserting after section 15TTTTT the following section:-
Section 15UUUUU. The governor shall annually issue a proclamation setting apart the month of May as Blue Star Mothers Month in recognition of the history and contributions of Blue Star Mothers of America and recommending that the month be observed in an appropriate manner by the people.
CORI available to navigator organizations I
SECTION 8.
Subsection (a) of section 172 of said chapter 6, as appearing in the 2012 Official Edition, is hereby amended by adding the following paragraph:-
(31) Navigator organizations certified by the commonwealth health insurance connector authority under 42 U.S.C. § 18031(i) may obtain from the department data permitted under section 172L.
CORI available to navigator organizations II
SECTION 9.
Section 172A of said chapter 6, as so appearing, is hereby amended by inserting after the word "entity ", in line 7, the following words:- , including any requests from navigator organizations certified by the commonwealth health insurance connector authority under 42 U.S.C. § 18031(i).
CORI available to navigator organizations III
SECTION 10.
Said chapter 6 is hereby further amended by inserting after section 172K the following section:-
Section 172L. Navigator organizations certified by the commonwealth health insurance connector under 42 U.S.C. § 18031(i) shall obtain from the department all available criminal offender record information before accepting any person as a new employee. Navigator organizations shall obtain from the department periodically, but not less than every 3 years, all available criminal offender record information for current employees. A navigator organization obtaining information under this section shall not disseminate the information for any purpose other than for the protection of persons utilizing the services of the navigator organization.
Forensic Sciences Advisory Board
SECTION 11.
The first paragraph of section 184A of said chapter 6, as appearing in the 2012 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:-
The board shall consist of the undersecretary for forensic sciences, who shall serve as chair; the attorney general or a designee; the colonel of state police or a designee; the president of the Massachusetts Chiefs of Police Association or a designee; the president of the Western Massachusetts Chiefs of Police Association or a designee; the president of the Massachusetts District Attorneys Association or a designee; a district attorney designated by the Massachusetts District Attorneys Association; the commissioner of public health or a designee; the president of the Massachusetts Organization of State Engineers and Scientists or a designee; and 5 persons to be appointed by the governor, 1 of whom shall be a forensic scientist with practical experience in an accredited crime laboratory, 1 of whom shall be a scientist who shall have a specialty in the natural or biological sciences, 1 of whom shall be a scientist who shall have a specialty in the physical sciences and 2 of whom shall be members of the Massachusetts bar with experience in criminal practice and forensic science issues, of whom 1 shall be recommended by the Massachusetts Bar Association and 1 shall be recommended by the Boston Bar Association.
STEAM advisory council I
SECTION 12.
Said chapter 6 is hereby further amended by adding the following section:-
Section 217. (a) There shall be a science, technology, engineering and math, or STEM, advisory council. The council shall advise the governor and assist in informing the work of the secretary of education, the secretary of labor and workforce development and the secretary of housing and economic development on issues relating to STEM education and STEM careers.
(b) The council shall:
(i) confer with participants and parties from the public and private sectors involved with STEM planning and programming;
(ii) assess how to increase student interest in, and preparation for, careers in STEM; and
(iii) advise on the creation, implementation of and updates to a statewide STEM plan that contains clear goals and objectives to guide future STEM efforts, including the creation of benchmarks for improvements.
(c) The council shall consist of at least 20 but not more than 30 members, not including members serving ex officio. The members of the council shall be appointed by the governor for a term of 2 years and shall serve without compensation. Council members shall be persons with demonstrated interest, experience and expertise in STEM education and shall include: a senator in congress from the commonwealth; a representative in congress from the commonwealth; a member of the Massachusetts Technology Collaborative; a member of the Massachusetts Clean Energy Center; a member of the Massachusetts Life Sciences Center; the president of the University of Massachusetts or a designee; a president of a state university or a designee; a president of a private university or a designee; a president of a public community college or a designee; a superintendent of a public school district or a designee; a superintendent of a vocational technical school or a designee; a chamber of commerce executive or a designee; a representative of a regional STEM network; an early education provider; a science or mathematics department chair from a public school district; an out-of-school time or informal educator with expertise in the STEM fields; a parent representative; a member of organized labor; a member of the Massachusetts cultural council; a member from the Massachusetts Business Roundtable and a member from a not-for-profit organization. The governor shall designate 2 members of the council to serve as co-chairs, 1 of whom shall be a member from the public sector and 1 of whom shall be a member from the private sector.
The following members or their designees shall serve as members of the council, ex officio: the senate and house chairs of the joint committee on education; the senate and house chairs of the joint committee on labor and workforce development; the secretary of education; the secretary of labor and workforce development; the secretary of housing and economic development; the commissioner of higher education; the commissioner of elementary and secondary education; and the commissioner of early education and care.
(d) The council shall establish an executive committee which shall consist of 7 members who shall provide guidance on the recommendations of the council and plan future meetings and initiatives. The co-chairs shall determine the membership of the executive committee and shall designate subcommittees to focus on particular challenges facing STEM education and the STEM fields. The council and the executive committee shall meet at such times and places as determined by the co-chairs. The council shall submit its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect, by filing the same with the governor and the clerks of the senate and house of representatives at such periods as determined by the co-chairs.
Soldiers' Home under secretary of veterans' services
SECTION 13.
Section 16 of chapter 6A of the General Laws is hereby amended by striking out, in lines 31 to 35, inclusive, as appearing in the 2012 Official Edition, the words ", the Massachusetts commission for the deaf and hard of hearing and the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke; (5) the department of veterans' services under the direction of the secretary of veterans' services, who shall be appointed by the governor" and inserting in place thereof the following words:- and the Massachusetts commission for the deaf and hard of hearing; (5) the department of veterans' services under the direction of the secretary of veterans' services, who shall be appointed by the governor, which shall include the Soldiers' Home in Massachusetts and the Soldiers' Home in Holyoke.
Health planning advisory committee I
SECTION 14.
Section 16T of said chapter 6A, as so appearing, is hereby amended by striking out, in line 13, the figure "13" and inserting in place thereof the following figure:- 15.
Health planning advisory committee II
SECTION 15.
The second paragraph of subsection (a) of said section 16T of said chapter 6A, as so appearing, is hereby amended by inserting after the first sentence the following sentence:- Not fewer than 2 members of the advisory committee shall have expertise in rural health matters and rural health needs in the commonwealth.
Snow and Ice Spending 1
SECTION 16.
The second paragraph of section 4 of chapter 6C of the General Laws is hereby amended by striking out clause (e), as so appearing, and inserting in place thereof the following clause:-
(e) for expenditure by the department for engineering services and expenses, for care, repair, storage, replacement and purchase of road building machinery and tools, for the erection and maintenance of direction signs and warning signs, for the care of shrubs and trees on state highways, for snow and ice removal and for expenses incidental to the foregoing or incidental to the purposes specified in clauses (b) to (d), inclusive; provided, however, that the department may incur liabilities and make expenditures in excess of funds available to the department for snow and ice removal; provided further, that expenditures for snow and ice removal shall be approved by the secretary of transportation in consultation with the secretary of administration and finance; provided further, that no expenses shall be made in excess of funds available in any fiscal year until $40,000,000 has been expended for snow and ice removal in that fiscal year; and provided further, that the negative balance of funds available for snow and ice removal shall not exceed $50,000,000 at any time during a fiscal year and the state comptroller may certify for payment invoices in excess of funds available to the department.
Snow and Ice Spending 2
SECTION 17.
Said section 4 of said chapter 6C, as most recently amended by section 4 of chapter 79 of the acts of 2014, is hereby further amended by adding the following paragraph:-
Annually, not later than May 1, the department shall report to the executive office for administration and finance and the house and senate committees on ways and means the total amounts budgeted and expended for snow and ice removal. The department shall seek appropriations, as required, to cure deficiencies resulting from snow and ice removal in each fiscal year that expenses are made in excess of funds available.
Health insurance criteria and protocol availability I
SECTION 18.
Subsection (a) of section 16 of chapter 6D of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the fifth sentence and inserting in place thereof the following 2 sentences:- Utilization review criteria, medical necessity criteria and protocols shall be made available upon request to the office and the division of insurance; provided, however, that licensed, proprietary criteria and protocols purchased by a carrier shall not be public records and shall be exempt from disclosure pursuant to clause Twenty-sixth of section 7 of chapter 4 and section 10 of chapter 66. Utilization review criteria, medical necessity criteria and protocols shall be made available to the public at no charge; provided, however, that licensed, proprietary criteria purchased by a carrier or utilization review organization shall not be made available to the public, but such licensed, proprietary criteria relevant to particular treatments and services shall be provided to insureds, prospective insureds and health care providers upon request.
Massachusetts Office of Information Technology I
SECTION 19.
Section 4A of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-
The executive office for administration and finance shall include a division of capital asset management and maintenance, which shall be headed by a commissioner as provided in chapter 7C, the Massachusetts office of information technology, which shall be headed by a chief information officer as provided in chapter 7D, a department of revenue, as provided in chapter 14, and an office of commonwealth performance, accountability and transparency. The executive office for administration and finance shall include the human resources division and the operational services division. The divisions, the offices and the department shall develop policies and standards to govern the conduct of commonwealth secretariats, departments, agencies, boards and commissions in each of these areas and shall provide expertise and centralized processing to secretariats, departments, agencies, boards, commissions and other entities of state government.
Massachusetts Office of Information Technology II
SECTION 20.
Said section 4A of said chapter 7, as so appearing, is hereby further amended by striking out paragraph (d).
DCAMM power to break or renegotiate state agency lease
SECTION 21.
Chapter 7C of the General Laws is hereby amended by inserting after section 35 the following section:-
Section 35A. (a) The commissioner, after consulting with the head of the leasing state agency or the court administrator, may exercise any contractual right to terminate a lease for nonappropriation or nonallotment if, in the determination of the agency head or the court administrator, insufficient funds are available within the agency's or the court's appropriation or allotment to maintain the lease consistent with maintaining core governmental functions.
(b) The commissioner may, on behalf of a state agency or the administrative office of the trial court, renegotiate an existing facility's lease by that agency or office, which was procured pursuant to this chapter, to obtain a reduced lease rate or other valuable consideration in consideration of an extension of that lease beyond the 10-year limitation in section 35; provided, however, that no lease shall be extended to a date that is more than 15 years after the original commencement date of the lease. Before executing an extension of the lease under this section, the commissioner shall make a written determination that the renegotiated lease provisions are favorable to the commonwealth based on a cost-benefit analysis.
Massachusetts Office of Information Technology III
SECTION 22.
The General Laws are hereby amended by inserting after chapter 7C the following chapter:-
CHAPTER 7D
MASSACHUSETTS OFFICE OF INFORMATION TECHNOLOGY
Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
"Chief information officer" or "CIO", the chief information officer of the Massachusetts office of information technology.
"Director", the director of information technology of an executive office established pursuant to section 2 of chapter 6A.
"Deputy director", the director of information technology of a state agency.
"Information technology" or "IT", hardware, software, telecommunications equipment and related services designed for the storage, manipulation and retrieval of data by electronic or mechanical means including, but not limited to, personal computers, mainframes, wide and local area networks, servers, mobile or portable computers, peripheral equipment, telephones, wireless communications, handheld devices, cloud-based application and platform services, public safety radio services, facsimile machines, data centers, dedicated training facilities and switching facilities.
"Office", the Massachusetts office of information technology.
"State agency", a legal entity of state government established by the general court as an agency, board, bureau, commission, council, department, office or division of the commonwealth with a specific mission and which is subject to the control of the governor or whose administration has been solely appointed by the governor.
Section 2. There shall be a Massachusetts office of information technology within the executive office for administration and finance. The office shall be administered by the chief information officer who shall be appointed by the secretary of administration and finance, with the approval of the governor and who shall serve as the chief information officer of the commonwealth and shall supervise all IT services of state agencies. All state agencies engaged in activities concerning information technology shall coordinate with the office on matters pertaining to contracting, operations, risk assessment, hiring, project management and procurement.
Section 3. The office shall have all powers necessary or convenient to carry out its duties including, but not limited to, the power to:
(i) establish bureaus and other functional units within the office and hire employees;
(ii) coordinate and centralize the management and operation of IT functions within state agencies;
(iii) coordinate with and provide assistance, advice and expertise in connection with business relationships between state agencies and private sector providers of information technology;
(iv) eliminate, where appropriate, duplication of duties and functions among IT personnel within state agencies;
(v) monitor trends and advances in information technology resources;
(vi) oversee and supervise the maintenance of information technology and the initiation of information technology updates or projects for state agencies;
(vii) initiate procurements of information technology resources for state agencies and enter into agreements or contracts in connection with such procurement on behalf of a state agency or other political subdivision of the commonwealth, if so authorized;
(viii) maintain a grant information page on the commonwealth's official website;
(ix) review and approve the information technology budget requests of a state agency and, in consultation with the directors, designate a state agency's IT spending priorities;
(x) implement standards for product or service specifications, characteristics or performance requirements of IT resources that increase efficiency and improve security and identify opportunities for cost savings within state agencies based on such standardization; and
(xi) establish special requirements for vendors of IT services to state agencies.
Section 4. There shall be a bureau of information security within the office under the supervision of a chief security officer who has expertise in security and risk management for communications and information resources. The chief security officer shall advise the CIO on preventing data loss and fraud and protecting privacy.
Section 5. There shall be a bureau of geographic information within the office which shall develop, maintain, update and distribute geographic information, technology, data and services for use by state agencies, municipalities and the public. The office shall coordinate all geographic information activities in state and local government and shall collect, manage and distribute geographic information maintained by state agencies and local government agencies. The office shall also provide technical services related to geographic information to state agencies and municipalities. The CIO shall set standards for the acquisition, management and reporting of geographical information and for the acquisition, creation or use of applications employing such information by any state agency and the reporting of such information by municipalities.
Section 6. (a) The secretary of each executive office established pursuant to section 2 of chapter 6A shall, in consultation with and approval by the CIO, appoint a director of information technology of the executive office who shall report directly to the secretary and the CIO. Each director of information technology shall manage all information technology operations within the executive office and supervise all information technology personnel. Each director shall be responsible for evaluating the present and future information technology needs of agencies within their respective executive offices. A director, in consultation with and with the approval of the CIO, may designate a deputy director of information technology for an agency within the director's executive office.
(b) The CIO and the director shall jointly identify the positions and functions affiliated with the management and administration of an executive office's information technology resources and enterprises that shall be centralized within the executive office. Each director shall develop an IT strategic plan for the executive office that shall be approved by the CIO that sets forth: (i) operational and project priorities; (ii) budgets; (iii) planned procurements; (iv) efficiency goals; (v) security initiatives; and (vi) staffing plans.
(c) The CIO shall hold quarterly meetings with all directors and shall conduct annual compliance reviews across the executive offices to ensure full compliance with statutes, regulations, policies, standards and contractual obligations related to information technology and security.
Section 7. (a) The CIO, in consultation with the operational services division, shall determine and set a minimum financial threshold above which any proposed IT expenditure by a state agency shall be reviewed and approved by the office.The CIO may suspend an expenditure related to IT until approval has been granted by the office.
(b) All state agency contracts for IT shall require the approval of the CIO. The CIO may negotiate state agency IT contracts and amendments to existing contracts entered into by a state agency for information technology services in order to expand the scope of the contract, extend the term of the contract, improve delivery of services under the contract or to safeguard information from threats to cyber security. The office shall review long-term contracts for information technology services on a quarterly basis to ensure that services delivered pursuant to those contracts are provided in a timely and cost-effective manner to the commonwealth. If the CIO determines that information technology services under any such contract could be improved, the office shall consult and negotiate with each agency and contractor who is a party to the existing contract to obtain terms and conditions more favorable to the commonwealth.
(c) For IT projects that exceed $20,000,000, are self-financing or present a unique set of challenges due to interagency collaboration, federal participation or private investment, the CIO shall establish a project oversight committee that shall develop criteria and benchmarks to evaluate the project and advise the CIO as to whether the project is accomplishing its objectives. A committee established pursuant to this section may include members from the private sector; provided, however, that members shall have no financial interest in the project overseen by the committee.
Section 8. Through interagency service agreements, the office may consult and provide services to municipalities, constitutional officers, the judiciary, the legislature, institutions of higher education, authorities, quasi-public corporations and other political subdivisions of the commonwealth as well as other states of the United States if the provision of these services to other states will decrease the costs or improve the efficiency of the service provided by the office to the commonwealth. The office shall consult with the division of local services in the department of revenue to identify ways to better assist municipalities and regional entities in procuring and developing information technology services.
Section 9. The office shall develop a statewide information technology plan that shall identify the immediate needs of information technology among state agencies as well as long-term investments in information technology that should be considered by the commonwealth. The plan shall be updated annually and shall be published on the website of the commonwealth.
Registers Technological Fund fee extension
SECTION 23.
Section 31 of chapter 9 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 9 and 11, the figure "2016" and inserting in place thereof, in each instance, the following figure:- 2020.
Homeless Animal Prevention and Care Fund
SECTION 24.
The second paragraph of section 35WW of chapter 10 of the General Laws, as so appearing, is hereby amended by adding the following sentence:- Funds deposited and expended from the fund shall not be assessed any indirect costs.
Community First Trust Fund
SECTION 25.
Chapter 10 of the General Laws is hereby amended by inserting after section 35ZZ the following section:-
Section 35AAA. There shall be established upon the books of the commonwealth a Community First Trust Fund. The secretary of health and human services may expend not more than $16,000,000 deposited in the fund and may enter into interagency service agreements as necessary to ensure compliance with the state balancing incentive payment program pursuant to section 10202 of the Patient Protection and Affordable Care Act; provided, however, that all other monies deposited in the fund shall be subject to appropriation for non-institutionally-based long-term services and supports. All expenditures from the fund shall be subject to certification by the secretary of health and human services that the use of any expenditure is consistent with the state balancing incentive payment program pursuant to section 10202 of the Patient Protection and Affordable Care Act. There shall be credited to the fund an amount equal to the increase in revenues from federal reimbursements resulting from the increased percentage points attributable to participation in the state balancing incentive payment program. There shall be credited to the fund an amount equal to the revenues received from federal financial participation earned on any qualifying expenditures sourced from the fund. The secretary of health and human services may incur expenses and the comptroller may certify for payments amounts in anticipation of expected receipts, but no expenditure shall be made from the fund which shall cause the fund to be in deficit at the close of a fiscal year. Any remaining balance in the fund at the end of a fiscal year shall not revert to the General Fund but shall remain in the fund and be available for expenditure during the next fiscal year. Expenditures from the fund may be made for services provided in prior fiscal years.
Water supply protection program
SECTION 26.
Said chapter 10 is hereby further amended by adding the following section:-
Section 75. (a) There shall be established a water supply protection program to be administered by a Water Supply Protection Trust. Monies in the trust shall be deposited with the state treasurer in such a manner as to secure the highest interest rate available consistent with the safety of the trust and with the requirement that all amounts on deposit shall be available for immediate use.
(b) There shall be a board of trustees of the trust which shall consist of the executive director of the Massachusetts Water Resources Authority, the secretary of energy and environmental affairs or a designee, the president of the Swift River Valley Historical Society, the chairperson of the Massachusetts Water Resources Authority advisory board or a designee and a member jointly selected by the North Worcester County Quabbin Anglers Association and the Quabbin Fisherman's Association.
(c) The board of trustees shall meet at least quarterly and shall serve without compensation. For the purposes of board meetings and voting, a quorum shall be comprised of 3 members. The board shall choose a chairperson by majority vote and shall make all decisions by majority vote. At a meeting held annually, the board shall review and approve the operating plan, the operating budget, the capital budgets and other aspects of the annual work plan prepared jointly by the department of conservation and recreation and the Massachusetts Water Resources Authority pursuant to the interagency memorandum of understanding between the department and the authority dated April 27, 2004, as it may be amended from time to time, which memorandum and the annual work plan prepared thereunder shall provide for the watershed and water supply protection responsibilities established for the authority and department under chapter 372 of the acts of 1984 and chapters 92 and 92A 1/2 to be satisfactorily discharged. No amendment to the memorandum of understanding shall include an authorization to enter into any agreement to acquire, purchase or transfer any property, the title to which is vested in the commonwealth or is considered to be watershed property by Massachusetts law, as of July 1, 2004. The restriction in the preceding sentence shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust or any other provisions of this section.
Any provisions in the memorandum of understanding regarding the operation and governance of the trust shall be consistent with this section. In the event of an inconsistency between that memorandum of understanding and the terms and conditions of this section as they relate to the operation and governance of the trust, the terms and conditions of this section shall be dispositive.
(d) There shall be credited to the trust:
(i) all assessments against the authority established pursuant to section 11 of chapter 92A 1/2, except for amounts to be paid in trust by the authority to the division of water supply protection for application to payments in lieu of taxes pursuant to chapter 59, and against any other public or private entity by the commissioner of conservation and recreation to support the watershed and water supply activities set forth in subsection (e);
(ii) all revenues generated by the division of water supply protection required to be offset from assessments against the authority pursuant to said section 11 of said chapter 92A 1/2 shall include, but not be limited to, the sale of hydroelectricity, and recreational or permits fees and shall also include any access fees established pursuant to chapter 436 of the acts of 1990;
(iii) all revenues from the sale of wood products harvested on those watershed lands under the management of the division of water supply protection;
(iv) all payments from the authority for debt service under section 12 of said chapter 92A 1/2;
(v) all interest earned on monies in the trust; and
(vi) any gifts, grants, donations or other contributions made for the purpose of supporting the watershed and water supply activities set forth in subsection (e).
(e) Notwithstanding any general or special law or any restriction to the contrary, expenditures from the trust shall not be subject to appropriation and balances remaining at the end of a fiscal year shall not revert to the General Fund and expenditures from the trust shall be made only for the purposes set forth in the memorandum of understanding and annual work plan as approved by the board pursuant to subsection (c), including:
(i) the maintenance and operating costs of the division of water supply protection, pursuant to chapter 92A 1/2, including the costs of capital improvements necessary to ensure the safety and purity of the water supply and the protection of watershed lands pursuant to state and federal standards, capital costs and the costs of the purchase or leasing of vehicles and other equipment as considered necessary by the division and any other authorized charges of the division as set forth in the annual work plan's operating plan, operating budget and capital budgets prepared jointly by the department and the authority and reviewed and approved by the board of trustees pursuant to subsection (c); provided, however, that no expenditure shall be made for operating, maintenance, and capital costs of the division that were previously budgeted as expenses of the former department of environmental management that were nonreimbursable by the authority;
(ii) department salaries, staffing levels, other employee expenses, operational expenses, acquisition of capital equipment and all other expenses, as set forth in the annual work plan's operating plan, operating budget and capital budgets prepared jointly by the department and the authority and reviewed and approved by the board of trustees pursuant to subsection (c); and
(iii) debt service payments for bonds authorized by the general court for the acquisition of fee simple, development and other rights or interests in land in the areas regulated by the division if the bonds were authorized and bonded indebtedness incurred before the establishment of the trust.
(f) For the purpose of accommodating timing discrepancies between the trust's receipt of revenues and related expenditures, the trust may incur expenses and the comptroller may certify payments from the trust in anticipation of trust receipts. The board of trustees shall annually certify to the comptroller that expenditures for the previous fiscal year did not exceed related assessments and trust receipts. No expenditures from the trust shall cause the trust to be in deficiency at the close of a fiscal year.
(g) The board of trustees shall not enter into any agreement to acquire, purchase, or transfer any assets or property the title to which is vested in the commonwealth, or considered to be watershed property by Massachusetts law as of July 1, 2004. This restriction shall not be construed to be inconsistent with the terms and conditions of this section as they relate to the operation and governance of the trust or any other provision of this section.
District Attorneys Salary
SECTION 27.
Section 15 of chapter 12 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 4, the figure "$148,843" and inserting in place thereof the following figure:- $171,561.
County budget reporting requirements
SECTION 28.
Chapter 14 of the General Laws is hereby amended by adding the following section:-
Section 12. Notwithstanding any general or special law or county charter to the contrary, each county government shall submit to the division of local services the annual or supplementary budget of the county and quarterly updates on the county's budget.
STEAM advisory council II
SECTION 29.
Section 4A of chapter 15A of the General Laws is hereby repealed.
Protection of and Care of Children
SECTION 30.
The first sentence of paragraph (iii) of subsection (a) of section 7 of chapter 15D of the General Laws, as appearing in section 2 of chapter 77 of the acts of 2013, is hereby amended by adding the following words:- with the exception of those applicants and household members subject to section 26A of chapter 119.
Protection of and Care of Children
SECTION 31.
The first sentence of the first paragraph of subsection (d) of section 8 of said chapter 15D, as appearing in section 4 of chapter 77 of the acts of 2013, is hereby amended by inserting after the figure "16962" the following words:- with the exception of those applicants and household members subject to section 26A of chapter 119.
Protection of and Care of Children
SECTION 32.
Clause (3) of the second paragraph of said subsection (d) of said section 8 of said chapter 15D, as so appearing, is hereby further amended by adding the following words:- , with the exception of those applicants and household members subject to said section 26A of said chapter 119.
Protection of and Care of Children
SECTION 33.
Clause (5) of the third sentence of the first paragraph of subsection (j) of section 8 of said chapter 15D, as appearing in section 5 of chapter 77 of the acts of 2013, is hereby amended by adding the following words:- , with the exception of those applicants and household members subject to said section 26A of said chapter 119.
Protection of and Care of Children
SECTION 34.
Clause (5) of the first sentence of subsection (k) of section 8 of chapter 15D of the General Laws, as so appearing, is hereby amended by adding the following words:- , with the exception of those applicants and household members subject to said section 26A of said chapter 119.
Substance Abuse Helpline
SECTION 35.
Subsection (b) of section 18 of chapter 17 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the first sentence the following 2 sentences:- The helpline shall inform adult and juvenile callers on: (i) acute treatment service facilities and transitional support service facilities that have open beds; (ii) outpatient resources; and (iii) community-based services. The helpline shall be a resource for emergency departments, health centers, families, social workers and medical professionals to obtain information on how to get treatment for an individual who is addicted to drugs or alcohol.
Treatment Facility Website
SECTION 36.
Said section 18 of said chapter 17, as so appearing, is hereby further amended by adding the following subsection:-
(c) The bureau shall establish a website that informs the public of acute treatment service facilities and transitional support service facilities that have open beds. The bureau shall update the website daily. The website shall provide the following information about each facility that has an open bed: (i) the name, address, telephone number and website of the facility; (ii) information about the types of payment that the facility accepts; and (iii) a description of the types of programs and services provided at the facility. The website shall also provide information about services available in each region of the commonwealth including, but not limited to, alcohol and drug free housing as defined in section 18A, outpatient services and community-based services.
Sober Homes II
SECTION 37.
Said chapter 17 is hereby further amended by inserting after section 18 the following section:-
Section 18A. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Alcohol and drug free housing", a residence, commonly known as a sober home, that provides or advertises as providing, an alcohol and drug free environment for people recovering from substance use disorders; provided, however, that, "Alcohol and drug free housing" shall not include a halfway house, treatment unit or detoxification facility or any other facility licensed pursuant to section 7 of chapter 111E.
"Bureau", the bureau of substance abuse services established in section 18.
"Certified alcohol and drug free housing", alcohol and drug free housing that has been accredited by the bureau pursuant to this section.
"Director", the director of substance abuse services.
"Operator", the lawful owner of alcohol and drug free housing or a person employed and designated by the owner to have primary responsibility for the daily operation of such housing and for maintaining standards and conditions in such housing that create an environment supportive of substance use disorder recovery.
(b) The bureau shall establish and provide for the administration of a voluntary training and accreditation program for operators of alcohol and drug free housing seeking certification under subsection (d).
(c) The accreditation program established pursuant to this section shall maintain nationally-recognized standards and practices that:
(i) uphold industry best practices and support a safe, healthy and effective recovery environment;
(ii) evaluate the ability to assist persons in achieving long-term recovery goals;
(iii) provide for appropriate training for the operators and staff and ensure satisfactory completion of such training;
(iv) protect occupants of alcohol and drug free housing against unreasonable and unfair practices in setting and collecting rent payments; and
(v) verify good standing with regard to local, state and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, fire safety and sanitation codes.
(d) The bureau shall include a residence on a list of certified alcohol and drug free housing as described in subsection (f) upon receipt and review of:
(i) the completion of training as described in subsection (c);
(ii) a deed, trust document, articles of incorporation, lease or other document acceptable to the director evidencing that the individual or entity seeking certification is the lawful owner or lessee of the parcel where the housing shall be located; and
(iii) a certificate issued pursuant to section 23 of chapter 60 indicating that there are no taxes or other assessments that constitute liens on the parcel of real estate upon which the housing shall be located.
(e) The director shall periodically evaluate the quality of training being provided to operators seeking certification and the integrity and efficacy of the accreditation program.
(f) The bureau shall prepare, publish and disseminate a list of alcohol and drug free housing certified pursuant to this section; provided, however, that the list shall be updated bimonthly. The list shall be disseminated to the director of the division of drug rehabilitation and to each state agency or vendor with a statewide contract that provides substance use disorder treatment services. The commissioner of probation shall inform all district and superior court probation officers and the chief justice of the trial court shall inform all district and superior court judges on how to access the list. The list shall also be posted on the website established pursuant to section 18.
(g) The department, in consultation with the bureau, shall promulgate rules and regulations to implement this section that shall include a process for receiving complaints against certified alcohol and drug free housing and criteria by which the director may exclude a residence from the list prepared under subsection (f) if the frequency and severity of complaints received supports a determination that the alcohol and drug free housing in question does not maintain standards or provide an environment that appropriately supports the recovery goals of its residents.
(h) A state agency or vendor with a statewide contract that is providing treatment or services to a person, or a state agency or officer setting terms and conditions for the release, parole or discharge of a person from custody or treatment, shall not refer that person to alcohol and drug free housing and shall not otherwise include in such terms and conditions a referral to alcohol and drug free housing unless the alcohol and drug free housing is certified pursuant to this section. Nothing in this section shall prohibit a residence that has not received certification from operating or advertising as alcohol and drug free housing or from offering residence to persons recovering from substance use disorders.
Sober Homes III
SECTION 38.
Section 19 of said chapter 17, as appearing, is hereby amended by adding the following sentence:- A discharge plan shall not include a referral or recommendation to alcohol and drug free housing unless such housing is certified pursuant to section 18A.
Social worker licensing
SECTION 39.
Section 7 of chapter 18B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(o) The commissioner shall require social workers employed by the department to obtain a license as a social worker pursuant to section 131 of chapter 112 within the first 9 months of employment. The commissioner shall require social workers employed by the department to participate in not less than 30 hours per year of paid professional development training; provided, however, that such training shall be consistent with applicable collective bargaining agreements. The commissioner may grant a social worker employed by the department a 1-time 6-month hardship waiver from the licensing requirement under this section to ensure access for underserved populations.
Agricultural lands preservation
SECTION 40.
Chapter 20 of the General Laws is hereby amended by striking out sections 23 and 24, as so appearing, and inserting in place thereof the following 2 sections:-
Section 23. (a) The secretary of environmental affairs shall establish a program to assist the commonwealth in the acquisition of agricultural preservation restrictions as defined in section 31 of chapter 184, for land actively devoted to agricultural or horticultural uses pursuant to sections 1 to 5, inclusive, of chapter 61A. The commissioner of agricultural resources may, from funds appropriated to carry out this section or from funds received from other sources, pay an agricultural land owner for a project submitted by a city or town and approved by the agricultural lands preservation committee established in section 24 such amount as is determined by the committee to be equitable in consideration of anticipated benefits from such project but not to exceed the difference between the fair market value of the land and the fair market value of the land restricted for agricultural purposes pursuant to this section. Title to agricultural preservation restrictions shall be held in the name of the commonwealth; provided, however, that a city or town in which such land is located which provides assistance satisfactory to the committee including, but not limited to, providing funds or portions thereof toward the purchase of such restriction, providing legal services and the enforcement of the preservation restriction shall hold title to such land jointly with the commonwealth. Projects shall be administered by conservation commissions in cities and towns in which such commissions have been established or, in a city, by the city council or its delegated agency subject to the city charter or, in a town, by the board of selectmen or its delegated agency. The commissioner, subject to the approval of the secretary, shall establish procedures for management of the program.
(b) Notwithstanding any general or special law to the contrary, the department of agricultural resources, with the approval of the co-holder, if any, in its sole discretion, may grant to any owner of land subject to an agricultural preservation restriction held by the commonwealth a nonassignable special permit allowing nonagricultural activities to occur on the agricultural preservation restriction land if: (i) the land is being actively utilized for full-time commercial agriculture; (ii) the permit is for a maximum of 5 years duration which may, at the discretion of the department, be renewed; and (iii) the grant of a special permit will not defeat or derogate from the intent and purposes of retaining the land for agricultural use and preserving the natural agricultural resources of the commonwealth and that the agricultural preservation restriction owner meets all requirements pertaining to special permits contained in the agricultural preservation restriction agreement form utilized by the commonwealth at the time of application for the special permit. In making the determination, the department shall consider the long-term productivity of the agricultural resource and the sustainability of the farm enterprise.
(c) Any applicant aggrieved by a decision of the department denying a request for a certificate of approval for agricultural activities or structures or for a special permit authorized in subsection (b), may request an adjudicatory hearing under chapter 30A before the agricultural lands preservation committee. The determination of the department shall contain a notice of a right to request a hearing and may specify a time limit, not to exceed 21 days, within which the applicant may request a hearing before the committee under said chapter 30A. If a timely request is received, the committee shall, within a reasonable time, hold a hearing in compliance with said chapter 30A. The committee shall designate a hearing officer to preside over the hearing, to assemble an official record of the hearing and to render a written decision which shall be submitted to the committee. The committee shall make the final decision.
Section 24. (a) There shall be an agricultural lands preservation committee in the department of agricultural resources. The committee shall consist of the commissioner of agricultural resources, who shall be the chair, the secretary of environmental affairs, the director of housing and community development, an appointee from the Center for Agriculture, Food and the Environment at the University of Massachusetts at Amherst , the chair of the board of agricultural resources or their respective designees, and 4 persons to be appointed by the governor, 2 of whom shall be owners and operators of farms within the commonwealth. Members appointed by the governor shall receive $50 for each day or portion of a day spent in the discharge of their official duties not to exceed $600 annually and shall be reimbursed for the necessary expenses incurred. The state conservationist of the United States Department of Agriculture Natural Resources Conservation Service shall serve as a nonvoting member.
(b) The committee shall evaluate and accept or reject projects submitted by municipalities. In making such evaluation, the committee shall consider at least the following:
(i) the suitability of land as to soil classification and other criteria for agricultural use;
(ii) the fair market value of the land and the fair market value of the land when used for agricultural purposes as determined by independent appraisals; and
(iii) the degree to which the acquisition would serve to preserve the agricultural potential of the commonwealth.
(c) The commissioner of agricultural resources, subject to the approval of the committee, may establish such rules and regulations as may be deemed necessary to carry out this section. The committee may also provide advice to the commissioner on department policies.
(d) Each member of the committee appointed by the governor shall be appointed for a term of 4 years and shall serve until the member's successor is appointed and qualified. A person appointed to fill a vacancy shall serve for the remainder of the unexpired term of the member creating the vacancy. Members shall be eligible for reappointment.
Massachusetts Environmental Police Trust Fund 1
SECTION 41.
Chapter 21A of the General Laws is hereby amended by inserting after section 10H the following section:-
Section 10I. There shall be a surcharge of 20 per cent on a fine assessed against a person convicted of or found responsible for a violation under this chapter or a violation of a special regulation made under this chapter if the complaining officer was an environmental police officer or deputy environmental police officer. Notwithstanding the provisions relative to the distribution of fines, penalties and forfeitures in the ninth paragraph of section 10G, such surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund established in section 2LLLL of chapter 29.
Office of the state climatologist
SECTION 42.
Said chapter 21A is hereby further amended by adding the following section:-
Section 24. There shall be within the executive office of energy and environmental affairs an office of the state climatologist, which shall be under the supervision and control of a state climatologist to be appointed by the secretary of energy and environmental affairs. The office of the state climatologist and the chancellor of the University of Massachusetts at Amherst shall: (i) gather and archive data on climate conditions in the commonwealth; (ii) conduct and foster research concerning the climate in the commonwealth and look for opportunities for sponsored research concerning climate issues in the commonwealth; (iii) coordinate with the Northeast Regional Climate Center housed at the University of Massachusetts at Amherst by the United States Department of the Interior; and (iv) educate and inform citizens on matters related to climate. The office of the state climatologist shall advise all other branches of state and local government concerning the climate in the commonwealth and its implications for both economic and scientific needs in conjunction with existing and future environmental factors relating to the climate in the commonwealth. The office of the state climatologist shall maintain a liaison with federal and other state and academic institutions and join federal and international climate interest groups. The state climatologist shall serve for a term of 5 years but may be reappointed. The office of the state climatologist shall be funded by the executive office.
Department of Public Safety Enforcement of Civil Fines 1
SECTION 43.
Clause (7) of subsection (a) of section 22 of chapter 22 of the General Laws, as appearing in section 37 of chapter 38 of the acts of 2013, is hereby amended by inserting after the word "inclusive", the first time it appears, the following words:- , section 46.
Department of Public Safety Enforcement of Civil Fines 2
SECTION 44.
Said clause (7) of said subsection (a) of said section 22 of said chapter 22, as so appearing, is hereby further amended by striking out the word "and".
Department of Public Safety Enforcement of Civil Fines 3
SECTION 45.
Said subsection (a) of said section 22 of said chapter 22, as so appearing, is hereby further amended by striking out clause (8) and inserting in place thereof the following 2 clauses:-
(8) sections 57 and 60 of chapter 147; and
(9) section 20.
Gaming Commission Meal and Travel Policy
SECTION 46.
Section 3 of chapter 23K of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(y) The commission shall establish a comprehensive employee accountability and internal control system that closely aligns with the human resources division's rules and policies established pursuant to section 28 of chapter 7 for employees and managers not subject to collective bargaining under chapter 150E. The system shall take into account rates set by the United States General Services Administration for similar services when determining the maximum reimbursable rate and shall include specific policies related to travel expenses and meal reimbursement, including a requirement that the commission shall not reimburse employees for alcoholic beverages.
One Time Settlement to Stabilization Fund I
SECTION 47.
The last paragraph of section 2H of chapter 29 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by adding the following 2 sentences:- A constitutional office in receipt of such a non-tax 1-time settlement or judgment shall notify the attorney general not later than 10 days after receipt of such settlement or judgment. Prior to the close of each fiscal year, an amount that exceeds the average total revenue received by the commonwealth through 1-time settlements and judgments in excess of $10,000,000 in each of the previous 5 fiscal years shall be transferred from the Stabilization Fund to the General Fund.
STEAM advisory council III
SECTION 48.
Subsection (a) of section 2MMM of said chapter 29, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 2 sentences:- The department of higher education shall hold the Pipeline Fund in an account separate and apart from all other accounts. Amounts credited to the Pipeline Fund shall be used by the commissioner of higher education, in consultation with the STEM advisory council established in section 217 of chapter 6.
STEAM advisory council IV
SECTION 49.
Said section 2MMM of said chapter 29, as so appearing, is hereby further amended by striking out, in line 74, the word "board" and inserting in place thereof the following word:- department.
STEM Council IV
SECTION 50.
Said section 2MMM of said chapter 29, as so appearing, is hereby further amended by striking out, in lines 76 and 83, the word "chancellor" and inserting in place thereof, in each instance, the following word:- commissioner.
DCF Fingerprinting and Crime Prohibition for Foster Parents I
SECTION 51.
The first paragraph of section 2HHHH of said chapter 29, as appearing in section 6 of chapter 77 of the acts of 2013, is hereby amended by striking out the words "and section 38R of chapter 71" and inserting in place thereof the following words:- , section 38R of chapter 71 and section 26A of chapter 119.
DCF Fingerprinting and Crime Prohibition for Foster Parents II
SECTION 52.
The second paragraph of said section 2HHHH of said chapter 29, as so appearing, is hereby further amended by striking out the words "and said section 38R of said chapter 71" and inserting in place thereof the following words:- , section 38R of chapter 71 and section 26A of chapter 119.
Public Safety Training Fund
SECTION 53.
Section 2JJJJ of said chapter 29, as appearing in section 42 of chapter 38 of the acts of 2013, is hereby amended by inserting after the first sentence the following sentence:- The fund shall be administered by the secretary of public safety and security.
Massachusetts Environmental Police Trust Fund 2 & Home and Community-Based Services Policy Lab 1
SECTION 54.
Said chapter 29 is hereby further amended by inserting after section 2KKKK the following 2 sections:-
Section 2LLLL. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts Environmental Police Trust Fund which shall be administered by the secretary of energy and environmental affairs. The fund shall be credited with: (i) all revenues collected from the administrative surcharges imposed by section 10I of chapter 21A and section 39 of chapter 90B; (ii) a 10 per cent maintenance fee charged on all division of law enforcement private details which shall be separate from any other administrative fees charged on private details; (iii) any appropriations, bond proceeds or other monies authorized by the general court and specifically designated to be credited to the fund; (iv) interest or investment earnings on any such monies; and (v) all other amounts credited or transferred to the fund from any other fund or source. Amounts credited to the fund may be expended, without further appropriation, by the secretary on programs and costs related to the division of law enforcement including, but not limited to: (1) the expenses of hiring, equipping and training environmental police recruits; and (2) maintenance expenses of the office. The unexpended balance in the fund at the end of a 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; provided, however, that the secretary of energy and environmental affairs shall report annually, not later than January 15, to the house and senate committees on ways and means and the joint committee on environment, natural resources and agriculture relative to the source and amount of funds deposited into the fund, the amounts distributed and the purpose of any expenditures from the fund.
Section 2MMMM. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Home and Community-based Services Policy Lab Fund into which shall be credited any appropriations authorized by the general court and specifically designated to be credited to that fund and any additional nonstate-sourced funds identified and awarded for the purposes of the fund and designated by the secretary of elder affairs for deposit into the fund including, but not limited to, federal or private grants or donations made available to the executive office of elder affairs for deposit into the fund. Amounts credited to the fund shall be available for the purposes of the fund and the secretary of elder affairs shall direct and authorize the expenditure of funds from the fund.
(b) The fund shall be used to support research and analysis which, in the determination of secretary of elder affairs in consultation with those agencies under the executive office of health and human services serving elders and persons with chronic illnesses or disabilities, would enhance the development, evaluation, design and continued improvement of programs rendering home and community-based services to individuals who need long-term services and supports. Research shall focus on the outcomes and effectiveness of public investments made in home and community-based care and services. All research, analysis and deliverables funded by the fund shall be dedicated to the improvement of the overall administration of publicly-funded programs of home and community-based care and services. In furtherance of this purpose, the secretary of elder affairs, in consultation with the chancellor of the University of Massachusetts Medical School and the chancellor's designees, shall employ the fund to develop, direct and fund a research agenda to be executed and overseen by the commonwealth medicine division of the University of Massachusetts Medical School; provided, however, that the University of Massachusetts Medical School on its own or in concert with other University of Massachusetts campus departments shall seek other nonstate sources of funding for the purposes of this section.
(c) The secretary of elder affairs shall file an annual report with the house and senate committees on ways and means, the joint committee on elder affairs and the joint committee on health care financing not later than September 30 on the following: (i) an inventory of program support and development initiatives, detailing the administrative and programmatic benefit of each initiative; (ii) a list of research initiatives, detailing the public policy benefit and potential program application of each initiative; (iii) a summary and assessment of the ongoing work and progress of the research and analytics done by the home and community-based services policy lab which is not primarily resourced by the fund; and (iv) an annual statement of cash inflows and outflows.
Authorization to Transfer Fund Balances
SECTION 55.
Said chapter 29 is hereby further amended by inserting after section 13 the following section:-
Section 13A. Notwithstanding any general or special law to the contrary, upon receiving a written request from the secretary, the comptroller shall transfer to the General Fund all or part of the unexpended balance of a fund, trust fund or other separate account, whether established administratively or by law, including a separate account established under section 6 of chapter 6A; provided, however, that the authority to transfer unexpended balances shall not apply to any judgments or settlements received and held in trust by the attorney general. The secretary and comptroller shall report to the house and senate committees on ways and means 45 days before any such transfer. The request shall certify that the secretary, in consultation with the comptroller, has determined that the balance, or a specified part of the balance, is not necessary for the purposes for which it was made available.
Courthouse retiree healthcare expenses I
SECTION 56.
Section 4 of chapter 29A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word "utilities", in line 20, the following words:- , county courthouse retiree health benefits, not less than $1 per square foot for administrative costs,.
Courthouse retiree healthcare expenses II
SECTION 57.
Said section 4 of said chapter 29A, as so appearing, is hereby further amended by inserting after the word "costs", in line 27, the following words:- ; provided, however, that for the purposes of this section, "maintenance costs" may include healthcare benefits for retirees of the county courthouses.
Courthouse expenses I
SECTION 58.
Said section 4 of said chapter 29A, as so appearing, is hereby further amended by striking out, in line 47, the word "ninety" and inserting in place thereof the following figure:- 100.
Courthouse expenses II
SECTION 59.
Said section 4 of said chapter 29A, as so appearing, is hereby further amended by inserting after the word "expenditures", in line 54, the following words:- ; provided, however, that if the quarterly payment is more than 5 days late, the judicial branch shall pay to the county a penalty equal to 5 per cent of the quarterly payment due.
Changes to Health Care Security Trust Fund I
SECTION 60.
Chapter 29D of the General Laws is hereby repealed.
Raising minimum requirement for competitive procurement I
SECTION 61.
Section 4 of chapter 30B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 3 and 17, the figure "$25,000" and inserting in place thereof, in each instance, the following figure:- $35,000.
Raising minimum requirement for competitive procurement II
SECTION 62.
Section 5 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 2, the figure "$25,000" and inserting in place thereof the following figure:- $35,000.
Raising minimum requirement for competitive procurement III
SECTION 63.
Section 6 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 2, the figure "$25,000" and inserting in place thereof the following figure:- $35,000.
Raising minimum requirement for competitive procurement IV
SECTION 64.
Section 6A of said chapter 30B, as so appearing, is hereby amended by striking out, in line 2, the figure "$25,000" and inserting in place thereof the following figure:- $35,000.
Raising minimum requirement for competitive procurement V
SECTION 65.
Section 7 of said chapter 30B, as so appearing, is hereby amended by striking out, in line 2, the figure "$25,000" and inserting in place thereof the following figure:- $35,000.
Raising minimum requirement for competitive procurement VI
SECTION 66.
Section 16 of said chapter 30B, as so appearing, is hereby amended by striking out, in lines 12 and 15, the words "twenty-five thousand dollars" and inserting in place thereof, in each instance, the following figure:- $35,000.
Doubly employed retiree superannuation
SECTION 67.
Subdivision (2) of section 5 of chapter 32 of the General Laws, as so appearing, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-
(e) A person who has been a member of 2 or more systems and who, on or after January 1, 2010, has received regular compensation from 2 or more governmental units concurrently for greater than 60 days shall, upon retirement, receive a superannuation retirement allowance to become effective on the date of retirement that is equal to the sum of the benefits calculated pursuant to this section as though the member were retiring solely from each system; provided, however, that notwithstanding paragraph (c) of subdivision (8) of section 3, each system shall pay the superannuation retirement allowance attributable to membership in that system to the member; and provided further, that this section shall not apply to any member who has vested in 2 or more systems as of January 1, 2010 or to any position whose annual regular compensation was less than $5,000. Paragraph (d) of subdivision (7) of section 3 shall not apply if this paragraph applies. Upon retirement a member shall be considered a dual member if the member satisfies this paragraph. This paragraph shall only apply to the 5 years of creditable service immediately preceding a member's superannuation retirement under this section. This paragraph shall not apply to section 6.
Exception to salary increase restrictions
SECTION 68.
Said section 5 of said chapter 32, as so appearing, is hereby further amended by inserting after the figure "150E", in line 187, the following words:- , from an increase in salary for a member whose salary amount is specified by law.
Commonwealth's Pension Liability Fund appropriations increase
SECTION 69.
Section 22C of said chapter 32, as so appearing, is hereby amended by striking out, in lines 60 and 61, the words "$1,727,000,000 in fiscal year 2015, $1,831,000,000 in fiscal year 2016 and $1,941,000,000" and inserting in place thereof the following words:- $1,793,000,000 in fiscal year 2015, $1,972,000,000 in fiscal year 2016 and $2,169,000,000.
Changes to Health Care Security Trust Fund II
SECTION 70.
Subsection (a) of section 24 of chapter 32A of the General Laws, as amended by section 7 of chapter 36 of the acts of 2013, is hereby further amended by striking out the words "Health Care Security Trust board of trustees established in section 4 of chapter 29D" and inserting in place thereof the following words:- State Retiree Benefits Trust Fund board of trustees established in section 24A.
Changes to Health Care Security Trust Fund III
SECTION 71.
Said section 24 of said chapter 32A, as so amended, is hereby further amended by adding the following 3 subsections:-
(i) All transactions affecting the fund including, but not limited to, all amounts credited to and all expenditures, transfers or allocations made from the fund shall be recorded by a subsidiary on the Massachusetts management accounting and reporting system.
(j) The fund shall be classified by the comptroller as a nonbudgeted fund of the commonwealth. Amounts credited to the fund, including both principal and earnings, shall not be subject to the calculation of the consolidated net surplus under sections 2H and 5C of chapter 29.
(k) The attorney general shall file a quarterly report with the state comptroller, the secretary of administration and finance and the house and senate committees on ways and means which shall include, but not be limited to: (i) an updated schedule of payments due to the commonwealth under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; (ii) an analysis of imminent factors that may affect the industry's ability to generate those payments to the commonwealth; (iii) a detailed account of the analysis and methodology used to determine the variations associated with the schedule of payments; (iv) an explanation of the financial impact that those variations in the schedule of payments shall have upon the amount due to the commonwealth and the industry's obligation to the commonwealth; and (v) an itemized account of all amendments that have been made to the master settlement agreement referenced in clause (i).
Changes to Health Care Security Trust Fund IV
SECTION 72.
Said chapter 32A is hereby further amended by inserting after section 24 the following section:-
Section 24A. (a) The State Retiree Benefits Trust Fund shall be managed by a board of trustees which shall have general supervision of the trust. The duties and obligations of the board shall be set forth in a declaration of trust to be adopted by the board. The declaration of trust and any amendments to it shall be filed with the general court, but if the general court takes no final action on the declaration or any amendments to it within 60 days after the date of the filing of the declaration or any amendments with the clerks of the senate and house of representatives, the declaration or amendments shall be considered to be approved.
(b) The board of trustees shall consist of 7 trustees, including the secretary of administration and finance or a designee, the executive director of the group insurance commission or a designee, the executive director of the public employee retirement administration commission or a designee, the state treasurer or a designee, the comptroller or a designee, 1 person to be appointed by the governor and 1 person to be appointed by the state treasurer. The appointed trustees shall serve for terms of 5 years and shall be experienced in the fields of investment, financial management, law and public management. Trustees shall be eligible for reappointment. The members of the board shall elect 1 of the trustees to serve as the chair.
(c) A trustee shall disclose in advance to the board any interest or involvement in any matter that is before the board. The disclosure shall be contemporaneously recorded in the minutes of the board. A trustee having such an interest or involvement shall not participate in any such matter.
(d) The board may select an executive director who shall serve at the pleasure of the board. Sections 9A, 45, 46 and 46C of chapter 30, chapter 31 and chapter 150E shall not apply to the executive director or any other employees of the board. The executive director shall, with the approval of the board: (i) plan, direct, coordinate and execute administrative and investment functions in conformity with the policies and directives of the board; (ii) employ professional and clerical staff as necessary; (iii) report to the board on all operations under the director's control and supervision; (iv) prepare an annual budget and manage the administrative expenses of the trust; and (v) undertake any other activities necessary to implement the powers and duties set forth in this section. If the board does not select an executive director, the chair shall perform all the duties and functions of the executive director set forth in this section or, with the approval of the board, the chair may delegate duties to others.
(e) In addition to the other powers and duties set forth in this section, the board shall approve or ratify decisions of the executive director or, if the board does not select an executive director, the chair or other person designated to carry out the powers and duties of an executive director, formulate policies and procedures considered necessary and appropriate to carry out the purposes of the fund, maintain a record of its proceedings and undertake any other activities necessary to implement the powers and duties set forth in this section.
(f) All records of the fund, including the transactions of the fund, shall be public records as defined in clause Twenty-sixth of section 7 of chapter 4.
(g) In a civil action brought against a trustee or employee of the fund, acting within the scope of the official duties of the trustee or employee, the defense or settlement of which is made by the attorney general or by an attorney employed by the board, the trustee or employee shall be indemnified for all expenses incurred in the defense of the action and shall be indemnified for damages to the same extent as provided for public employees in chapter 258. No trustee or employee shall be indemnified for expenses in an action or damages awarded in an action in which there was shown to be a breach of fiduciary duty, an act of willful dishonesty or an intentional violation of law by the trustee or employee.
Death benefits for surviving spouses of call and volunteer emergency S
SECTION 73.
Chapter 32B of the General Laws is hereby amended by inserting after section 9C the following section:-
Section 9C1/2. Upon the death of a call, volunteer, intermittent, part-time or reserve firefighter, emergency medical services provider or police officer who, while in the performance of duties and as a result of an incident, accident or violence, is killed or sustains injuries which are the direct and proximate cause of death, the surviving spouse and dependents, including children under the age of 26, may continue to participate in group hospital, surgical, medical, dental and other health insurance until the remarriage or death of the surviving spouse. Application for such insurance shall be filed with the appropriate public authority and a method for the payment of premiums shall be determined in accordance with its rules and regulations. The surviving spouse shall also file in the office of the city auditor, town accountant or officer having similar duties, a copy of the marriage certificate of the surviving spouse. The municipality shall charge the surviving spouse 100 per cent of the premium for such hospital, surgical, medical, dental and other health insurance.
This section shall take effect in a city, town or district upon its acceptance in the following manner: in a city having a Plan D or Plan E charter, by a majority vote of its city council; in any other city, by a vote of the city council and approval by the mayor; in a district, by a vote of the registered voters of the district at a district meeting; and in a town, by a vote of the registered voters at a town meeting.
State Retiree Benefits Trust Fund 5
SECTION 74.
Section 20 of said chapter 32B, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 15 and 16, the words "Health Care Security Trust board of trustees established in section 4 of chapter 29D" and inserting in place thereof the following words:- State Retiree Benefits Trust Fund board of trustees established in section 24A of chapter 32A.
Changes to Health Care Security Trust Fund V
SECTION 75.
Said section 20 of said chapter 32B, as so appearing, is hereby further amended by striking out, in lines 20 and 21 and 44, the words "Health Care Security Trust" and inserting in place thereof, in each instance, the following words:- State Retiree Benefits Trust Fund.
Retiree healthcare cost-sharing design changes effective date I
SECTION 76.
Section 22 of said chapter 32B, as so appearing, is hereby amended by striking out, in line 59, the figure "2014" and inserting in place thereof the following figure:- 2016.
Retiree healthcare cost-sharing design changes effective date II
SECTION 77.
Said section 22 of said chapter 32B, as so appearing, is hereby further amended by striking out, in lines 62, 64 and 68, the words "July 1, 2011" and inserting in place thereof, in each instance, the following words:- May 1, 2014.
Extension of fees to County Registers Technological Fund
SECTION 78.
Section 41 of chapter 36 of the General Laws, as so appearing, is hereby amended by striking out, in lines 9 and 11, the figure "2016" and inserting in place thereof, in each instance, the following figure:- 2018.
Sheriff salary increase I
SECTION 79.
Section 17 of chapter 37 of the General Laws, as so appearing, is hereby amended by striking out, in line 13, the figure "$123,209" and inserting in place thereof the following figure:- $151,709.
Sheriff salary increase II
SECTION 80.
Said section 17 of said chapter 37, as so appearing, is hereby further amended by striking out, in line 14, the figure "$97,271" and inserting in place thereof the following figure:- $119,771.
Sheriff salary increase III
SECTION 81.
Said section 17 of said chapter 37, as so appearing, is hereby further amended by striking out, in line 15, the figure "$71,332" and inserting in place thereof the following figure:- $95,816.
Update to assessments permitted by Metropollitan Area Planning Council
SECTION 82.
Section 29 of chapter 40B of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words "fifteen cents per capita for the fiscal year nineteen hundred and seventy-five" and inserting in place thereof the following words:- 50 cents per capita for the fiscal year 2015.
Powers and duties of tax collector
SECTION 83.
Section 38A of chapter 41 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:-
Notwithstanding any general or special law to the contrary, a city or town may by ordinance, by-law or vote provide that the collector of taxes shall be authorized to collect, under the title of city or town collector, any accounts due the city or town and may in like manner define the collector of taxes' powers and duties in relation to the collection of such accounts; provided, however, that no such ordinance, by-law or vote shall limit such collector in the exercise of the remedies hereinafter conferred.
Uniformed and Overseas Citizens Absentee Voting Act procedure
SECTION 84.
Chapter 54 of the General Laws is hereby amended by inserting after section 91B the following section:-
Section 91C. (a) Upon receipt of a properly executed application for an absentee ballot from a Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA, voter, a city or town clerk shall retain the application and, without delay, enter the application in the voter registration information system.
(b) Within 24 hours of receiving the absentee ballots or ballot file from the state secretary's office, the city or town clerk shall transmit such ballot to all UOCAVA voters for whom an application was received in accordance with subsection (a) and shall enter the date of transmission into the voter registration information system.
(c) If a request for an absentee ballot is received from a UOCAVA voter 45 or more days before a federal election, the city or town clerk shall send the ballot and instructions to the applicant not later than 45 days prior to the federal election using either mail or electronic transmission, as requested by the voter.
(d) If a request for an absentee ballot is received from a UOCAVA voter less than 45 days before a federal election, the city or town clerk shall send the ballot and instructions without delay using either mail or electronic transmission, as requested by the voter.
(e) If a request for an absentee ballot is received from a UOCAVA voter 45 or more days before a federal election and the state secretary has determined that the city or town clerk is unwilling or unable to transmit the ballot at least 45 days before the election, the state secretary may, on behalf of the city or town clerk, after notice to the city or town clerk and in accordance with the voter's choice, electronically transmit or mail the appropriate absentee ballot and instructions to the voter not later than the day 45 days prior to the federal election.
The state secretary shall enter in the voter registration information system the transmission date on which absentee voters were sent ballots by the state secretary pursuant to this subsection.
(f) The state secretary may promulgate regulations to carry out this section.
Simplify Appellate Tax Board Small Claims Process I
SECTION 85.
Subsection (a) of section 7B of chapter 58A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Unless the appellant affirmatively requests that the case be heard under the formal procedure provided in section 7, the small claims procedure shall govern any case in which the amount of tax placed in dispute by the petition does not exceed (i) $25,000 for any taxable year, in the case of a tax imposed by taxable year; (ii) $25,000 for any calendar year, in the case of a tax imposed by calendar year; (iii) $25,000 for any calendar year, in the case of a tax imposed by chapters 64A to 64J, inclusive, and section 21 of chapter 138; (iv) $25,000 in the case of a tax imposed by chapter 65C; or (v) $25,000 for any taxable event or transaction in the case of any other tax.
Simplify Appellate Tax Board Small Claims Process II
SECTION 86.
Said section 7B of said chapter 58A, as so appearing, is hereby further amended by striking out, in line 18, the figure "$5,000" and inserting in place thereof the following figure:- $25,000.
Simplify Appellate Tax Board Small Claims Process III
SECTION 87.
Said section 7B of said chapter 58A, as so appearing, is hereby further amended by striking out subsection (c) and inserting in place thereof the following subsection:-
(c) An appellant filing an appeal under the small claims procedure shall pay the clerk an entry fee as determined annually by the secretary of administration and finance under section 3B of chapter 7 and shall file a written statement of the facts of the case and of the amount claimed in abatement together with any additional information as the clerk may require. The appellant shall also file a written waiver of the right to appeal to any court. Within 5 business days after receipt of the petition, the clerk shall notify the parties to confirm the scheduling of the appeal and serve a copy of the small claims procedure petition and accompanying information upon the commissioner of revenue. Within 25 business days after the service of the statement or at another time as the board may order, the commissioner of revenue shall file with the board an answer similar to that required under the formal procedure provided by section 7.
Simplify Appellate Tax Board Small Claims Process IV
SECTION 88.
Said section 7B of said chapter 58A, as so appearing, is hereby further amended by striking out, in line 42, the word "subsection" and inserting in place thereof the following words:- subsections (a) and.
Simplify Appellate Tax Board Small Claims Process V
SECTION 89.
Subsection (e) of said section 7B of said chapter 58A, as so appearing, is hereby further amended by striking out the third and fourth sentences and inserting in place thereof the following 4 sentences:- The commissioner may also request that a matter be removed from the small claims procedure if: (i) there is a recurring issue of law and the impact of the issue on similarly situated taxpayers carries an aggregate value of over $250,000; or (ii) the board determines that the issue to be addressed is not suitable for small claims resolution due to its complexity, unique nature or other compelling reason as determined by the board in good faith. Upon removal or discontinuance, proceedings in the case shall be transferred to the formal docket and conducted under the formal procedure provided by said section 7. The date on which the board received the appellant's initial petition shall be considered the date of filing for the subsequent appeal under the formal procedure. The board shall allow sufficient time for the parties to modify their small claims submissions as needed to comply with the documentary requirements of the formal procedure and the waiver of the right of appeal shall be void.
Corporate property exemption
SECTION 90.
Clause Sixteenth of section 5 of chapter 59 of the General Laws, as amended by section 31 of chapter 46 of the acts of 2013, is hereby further amended by striking out paragraph (1) and inserting in place thereof the following paragraph:-
(1) In the case of: (i) a financial institution as defined in section 1 of chapter 63; (ii) a business corporation subject to taxation under chapter 63 other than a corporation mentioned in either paragraph (2) or (3); (iii) a telephone corporation subject to chapter 166; or (iv) a business corporation subject to taxation under section 20, 23 or 58 of said chapter 63, all property owned by such financial institution or corporation except real estate, poles, underground conduits, wires, pipes and machinery used in manufacture or in supplying or distributing water; provided, however, that in the case of a business corporation subject to taxation under said sections 20 or 23, the laws of the state of incorporation or, in the case of a business corporation of another nation, the laws of the state where it has elected to establish its principal office in the United States, grant similar exemption from taxation of tangible property owned by like corporations organized under or created by the laws of the commonwealth.
Veteran- or military member-leased vehicle excise tax exemption I
SECTION 91.
Section 1 of chapter 60A of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word "by", in lines 83, 88, 95, 102, 132 and 140, each time it appears, the following words:- or leased to.
Veteran- or military member-leased vehicle excise tax exemption II
SECTION 92.
Said section 1 of said chapter 60A, as so appearing, is hereby further amended by inserting after the word "to", in lines 112 and 114, each time it appears, the following words:- or leased to.
Veteran- or military member-leased vehicle excise tax exemption III
SECTION 93.
Said section 1 of said chapter 60A, as so appearing, is hereby further amended by inserting after the word "for", in line 121, the following words:- or leased for.
Veteran- or military member-leased vehicle excise tax exemption IV
SECTION 94.
Said section 1 of said chapter 60A, as so appearing, is hereby further amended by inserting after the word "registered", in lines 151 and 156, each time it appears, the following words:- or leased.
Historic Rehabilitation Tax Credit 1
SECTION 95.
Section 6J of chapter 62 of the General Laws, as so appearing, is hereby amended by striking out, in lines 36 and 37, the words "12-year period beginning January 1, 2006, and ending December 31, 2017" and inserting in place thereof the following words:- period beginning January 1, 2006 and ending December 31, 2022.
Definition - principal reporting corporation
SECTION 96.
Section 1 of chapter 62C of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Materialman" the following definition:-
"Principal reporting corporation", the corporation responsible for the filing of a combined report of income pursuant to section 32B of chapter 63, or any successor thereof, as may be provided for in regulations or other guidance issued by the commissioner.
Corporate returns filing reqirements I
SECTION 97.
Section 11 of said chapter 62C, as so appearing, is hereby amended by adding the following paragraph:-
The filing of a combined report pursuant to section 32B of chapter 63 in the manner prescribed by the commissioner shall satisfy the filing requirements of this section for any business corporation that, pursuant to such combined report, calculates and reports its own individual corporate excise liability based on the income and non-income measures of the corporate excise or minimum excise tax as applicable under section 32D or 39 of said chapter 63. A combined report shall not constitute a filing under this section for any business corporation that does not calculate and report its own individual corporate excise liability under said sections 32D and 39 of said chapter 63, whether or not such business corporation's income, sales or other attributes may be taken into account in the calculation of the excise under this chapter of an affiliated corporation that does calculate and report an individual corporate excise pursuant to such combined report.
Corporate returns combined filing I
SECTION 98.
Said chapter 62C is hereby further amended by inserting after section 11 the following section:-
Section 11A. In the case of 1 or more corporations that participate or are required to participate in a filing by means of a combined report under section 32B of chapter 63, the commissioner may treat the principal reporting corporation as the agent for all such corporations with respect to all notices and actions authorized or required by this chapter and said chapter 63, whether relating to the income measure or non-income measure of the corporate excise of any such corporation or to the minimum excise tax liability of any such corporation. Such notices and actions include, without limitation: (i) notices and actions associated with processes such as assessment of tax; (ii) execution of consents to extend the time for assessment of tax; (iii) abatements; (iv) hearing requests; (v) refunds; and (vi) collection activity. Nothing in this section shall preclude the commissioner from separately taking any such action or directing any notice to any individual corporation subject to tax under said chapter 63, even where such corporation participated in or was required to participate in the filing of a combined report. Under this chapter, the commissioner may collect any unpaid tax from any individual corporation participating or required to participate in a filing through the means of a combined report to the extent of the joint and several liability for such amount under subsection (e) of said section 32B of said chapter 63.
Corporate returns filing requirements II
SECTION 99.
Section 12 of said chapter 62C, as most recently amended by section 33 of chapter 46 of the acts of 2013, is hereby further amended by adding the following subsection:-
(k) The filing of a combined report pursuant to section 32B of chapter 63 in the manner prescribed by the commissioner shall satisfy the filing requirements under subsection (a) for any financial institution that, pursuant to such combined report, calculates and reports its own individual corporate excise liability based on the income measure or minimum excise tax, as applicable, under section 2 or 2B of said chapter 63. A combined report shall not constitute a filing under subsection (a) for any financial institution that does not so calculate and report its own individual corporate excise liability under said section 2 or 2B of said chapter 63, whether or not such financial institution's income, sales or other attributes may be taken into account in the calculation of the excise under this chapter of an affiliated corporation that does calculate and report an individual corporate excise pursuant to such combined report.
Commissioner audits and determinations of corporate returns
SECTION 100.
Section 26 of said chapter 62C, as appearing in the 2012 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-
(b) (1) If the commissioner determines, from the verification of a return or otherwise, that the full amount of any tax has not been assessed or is not considered to be assessed, the commissioner may, at any time within 3 years after the date the return was filed or the date it was required to be filed, whichever occurs later, assess the same with interest as provided in section 32 to the date when the deficiency assessment is required to be paid, first giving notice of the commissioner's intention to the person to be assessed; provided, however, that said 3-year period for making an assessment shall be suspended during the period of time that the taxpayer has a bankruptcy case pending under the appropriate chapters of Title 11 of the United States Code. The taxpayer or the taxpayer's representative may confer with the commissioner or the commissioner's duly authorized representative as to the proposed assessment within 30 days after the date of such notification. After the expiration of 30 days from the date of such notification, the commissioner shall assess the amount of tax remaining due to the commonwealth, or any portion thereof, which the commissioner believes has not been assessed.
(2) In the case of 1 or more corporations that participated or were required to participate in a filing through the means of a combined report under section 32B of chapter 63, the commissioner may effect the issuance of a notice of the intention to assess or a notice of assessment to each corporation that participated or was required to participate in the combined report with respect to any tax liability due from such corporation under said chapter 63, whether relating to the income measure or non-income measure of the corporate excise or minimum excise tax liability, by issuing a single notice to the principal reporting corporation on its own behalf and as the agent for each corporation that is being assessed. The single notice shall state the net cumulative liability of all such assessed corporations. In such cases, the commissioner shall provide detail as to the assessment that is being issued to each corporation included in the cumulative assessment in the form of work papers made available to the principal reporting corporation in connection with the notice of the cumulative assessment that is directed to such principal reporting corporation. Nothing in this paragraph shall preclude the commissioner from separately and directly assessing any individual corporation subject to tax under said chapter 63, rather than assessing such corporation through the means of a cumulative assessment as referenced in this paragraph, even when such corporation participated in or was required to participate in the filing of a combined report.
(3) If the commissioner audits or verifies the returns of the same tax for 2 or more tax periods and determines, as a result thereof, that the amounts assessed result in overpayments for some tax periods and underpayments for others, the commissioner shall offset the overpayments against the underpayments and refund any net overpayment as required by section 36. An application for abatement under section 37 shall not be required for overpayments resulting from assessments made pursuant to this section.
(4) Failure to receive the notice provided for by this section shall not affect the validity of the tax.
Corporate combined returns extension of time for assessment
SECTION 101.
Section 27 of said chapter 62C, as so appearing, is hereby amended by adding the following paragraph:-
In the case of 1 or more corporations that participated in or was required to participate in a filing through the means of a combined report under section 32B of chapter 63, the commissioner and the principal reporting corporation may consent in writing to extending the time for assessment of any component of the corporate excise reported or required to be reported under said chapter 63 by any such corporation, whether relating to the income measure, non-income measure or a minimum excise tax liability under the corporate excise. This consent shall be effective for: (i) any corporation that filed through the means of the combined report, including any corporation that was improperly included in the combined group as determined pursuant to said section 32B of said chapter 63 or that subsequently ceased to be a member of such group; and (ii) any corporation that was improperly excluded from the combined group and that improperly filed a separate return to report its corporate excise under said chapter 63. The period so extended by the commissioner and the principal reporting corporation may be further extended by subsequent agreements in writing made before the expiration of the time as previously extended. The commissioner or a duly authorized representative may examine the books, papers, records and other data of any corporation that participated in or was required to participate in the filing of the combined report. Nothing in this section shall preclude the commissioner from separately executing consents to extend the time for assessment with an individual corporation subject to tax under said chapter 63 for a tax due from such corporation under this chapter or said chapter 63, even where the corporation participated in or was required to participate in the filing of a combined report.
Corporate returns filing requirements III
SECTION 102.
Section 30 of said chapter 62C, as so appearing, is hereby amended by inserting after the seventh paragraph the following paragraph:-
In the case of the filing of a combined report pursuant to section 32B of said chapter 63, the principal reporting corporation shall file all notices of change as provided under this section, together with payment of additional amounts due or an application for abatement, as the case may be, on behalf of all corporations participating in or required to participate in the filing of the combined report. Without limitation, such notices of change shall be required from the principal reporting corporation in the event of a final determination of federal change to the income included or required to be included in the combined report, or any portion thereof, without regard to the particular corporations taking such income into account for federal income tax purposes or to whether such corporations are required to file a return under this chapter. A principal reporting corporation shall be subject to the penalties provided under this section in the event of failure to file a required notice of change under this paragraph.
Corporate returns combined filing IV
SECTION 103.
Section 31 of said chapter 62C, as so appearing, is hereby amended by adding the following 2 sentences:- In the case of 1 or more corporations that participated in or are required to participate in a filing through the means of a combined report under section 32B of chapter 63, the commissioner may issue a single notice directed to the principal reporting corporation on its own behalf and as the agent for each corporation that is being assessed. This single notice shall state the net cumulative liability of all such assessed corporations.
Corporate returns combined filing II
SECTION 104.
Section 37 of said chapter 62C, as so appearing, is hereby amended by adding the following paragraph:-
In the case of a combined report filed pursuant to section 32B of chapter 63, the principal reporting corporation may act under this section as the agent for any and all corporations that participated in or were required to participate in such filing. In the case of such combined report, the commissioner may offset against an abatement with respect to such corporation, as determined by the commissioner under this section, additional excise that is due or determined to be due under said chapter 63 from any corporation that participated in or was required to participate in the combined report filing, whether that additional excise due may result from the application of the income or non-income measures of the corporate excise or to the minimum excise tax and whether or not the additional tax is based on issues related to the abatement. Offsets based on issues unrelated to the abatement may reduce or eliminate such abatement, but in no case shall such offset give rise to a net amount of tax due where an assessment would otherwise be barred as untimely.
Calculating taxable net worth - corporation
SECTION 105.
Paragraph 8 of section 30 of chapter 63 of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- The net worth of a business corporation taxable under section 39 shall be calculated as follows: (a) the book value of its total assets on the last day of the taxable year shall be reduced by the sum of (1) its liabilities on said date, (2) the book value of its tangible property situated in the commonwealth on said date and subject to local taxation, less the interest of any mortgagee therein, and (3) the book value on said date of its investment in subsidiary business corporations which represent 80 per cent or more of the voting stock of said subsidiary business corporations or, in the case of a subsidiary business corporation which does not have voting stock, the book value of its investment in such business corporation which represents 80 per cent or more ownership interest; (b) the amount determined in (a) shall be multiplied by such corporation's income apportionment percentage, as determined under section 38.
Calculating taxable net worth - qualified real estate investment trust
SECTION 106.
Said section 30 of said chapter 63, as so appearing, is hereby further amended by striking out paragraph 9 and inserting in place thereof the following paragraph:-
9. Notwithstanding paragraph 8, the net worth of a business corporation taxable under clause (1) of subsection (a) of section 39 that is a qualified real estate investment trust shall be such portion of the book value of its total assets less its liabilities on the last day of the taxable year as the book value of its tangible assets situated in the commonwealth on said date and not subject to local taxation plus the amount of its intangible assets on said date allocable to the commonwealth, as hereinafter determined, bear to the book value of its total assets on said date. The intangible assets allocated to the commonwealth shall be calculated as follows: (a) the book value of its total intangible assets on the last day of the taxable year shall be reduced by the book value on said date of its investment in and advances to subsidiary business corporations which represent 80 per cent or more of the voting stock of said corporations, or in the case of a subsidiary business corporation which does not have voting stock, the book value of its investment in such business corporation which represents an 80 per cent or more ownership interest; (b) the amount determined in (a) shall be multiplied by such corporation's income apportionment percentage, as determined under section 38. In determining the book value of an asset, the commissioner may disallow a reserve, in whole or in part, with respect thereto which, in the commissioner's judgment, is not reasonable and proper. For the purpose of this paragraph, "qualified real estate investment trust" shall mean a business corporation that both qualifies as a real estate investment trust under section 856 of the Federal Internal Revenue Code and that is required to file with the Securities and Exchange Commission annual and other reports as specified in section 13 or 15(d) of the Securities Exchange Act of 1934, as amended; and "advances" shall mean such interests in a corporation where a corporation-shareholder relationship exists, determined under such regulations as the commissioner may issue and under section 385 of the Federal Internal Revenue Code as in effect for the taxable year and the regulations issued thereunder.
Technical correction - investment credit for certain corporations I
SECTION 107.
Section 31A of said chapter 63, as so appearing, is hereby amended by striking out, in lines 3, 23, 113 and 131, the words "thirty-eight C or" each time they appear.
Technical correction - investment credit for certain corporations II
SECTION 108.
Said section 31A of said chapter 63, as so appearing, is hereby further amended by striking out, in lines 58 and 59, the words "thirty-two (b),".
Technical correction - credit for company shuttle van purchase
SECTION 109.
Section 31E of said chapter 63, as so appearing, is hereby amended by striking out, in line 19, the words "thirty-two (b),".
Determination of federal adjustment for net and gross income
SECTION 110.
Section 31N of said chapter 63, as so appearing, is hereby amended by striking out, in lines 13, 16, 17 and 19, the word "gross" and inserting in place thereof, in each instance, the following words:- net or gross.
Technical correction - maximum amount of credits
SECTION 111.
Section 32C of said chapter 63, as so appearing, is hereby amended by striking out, in line 6, the words "thirty-two or".
Technical correction - harbor maintenance taxes I
SECTION 112.
Section 38P of said chapter 63, as so appearing, is hereby amended by striking out, in lines 18 and 19, the words "sections thirty-two or" and inserting in place thereof the following word:- section.
Technical correction - harbor maintenance taxes II
SECTION 113.
Said section 38P of said chapter 63, as so appearing, is hereby further amended by striking out, in line 35, the words "sections thirty-two (b) and" and inserting in place thereof the following word:- section.
Extension of Massachusetts historic rehabilitation tax credit
SECTION 114.
Section 38R of said chapter 63, as so appearing, is hereby amended by striking out, in lines 35 and 36, the words "12-year period beginning January 1, 2006, and ending December 31, 2017" and inserting in place thereof the following words:- period beginning January 1, 2006 and ending December 31, 2022.
Dairy farm tax credit program
SECTION 115.
Section 38Z of said chapter 63, as so appearing, is hereby amended by striking out, in lines 2 and 11, the words "domestic or foreign" and inserting in place thereof, in each instance, the following word:- business.
Tax on foreign subsidiary corporation I
SECTION 116.
Section 39A of said chapter 63, as so appearing, is hereby amended by striking out, in lines 1, 5 and 16, the word "foreign" and inserting in place thereof, in each instance, the following word:- business.
Tax on foreign subsidiary corporation III
SECTION 117.
Said section 39A of said chapter 63, as so appearing, is hereby further amended by inserting after the word "paragraph", in line 21, the following words:- 8 or.
Taxable net income - all business corporations
SECTION 118.
Section 42A of said chapter 63, as so appearing, is hereby amended by striking out, in line 1, the word "foreign" and inserting in place thereof the following word:- business.
County sheriff unfunded pension liability - deeds Excise fund I
SECTION 119.
Section 11 of chapter 64D of the General Laws, as so appearing, is hereby amended by inserting after the word "assessment", in line 25, the following words:- , which shall include the county's required maintenance of effort for the fiscal year plus an additional 10 per cent of the combined maintenance of effort for fiscal year 2010 to fiscal year 2014, inclusive.
County sheriff unfunded pension liability - deeds Excise fund II
SECTION 120.
Said section 11 of said chapter 64D is hereby further amended by striking out the words "plus an additional 10 per cent of the combined maintenance of effort for fiscal year 2010 to fiscal year 2014, inclusive", as appearing in section 119.
Technical correction - sales tax exemptions I
SECTION 121.
Section 6 of chapter 64H of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 251, the words "sections thirty-eight C or" and inserting in place thereof the following word:- section.
Technical correction - sales tax exemptions II
SECTION 122.
Said section 6 of said chapter 64H, as so appearing, is hereby further amended by striking out, in line 276, the words "thirty-eight C or".
Public comment period for higher education organizational certificates
SECTION 123.
Section 30 of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- The council shall establish a policy providing for public notice and the opportunity for public comment on such certificates or articles referred to it under this section, where appropriate.
Foundation budget review commission
SECTION 124.
Chapter 70 of the General Laws is hereby amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-
Section 4. Upon action of the general court, there shall periodically be a foundation budget review commission to review the way foundation budgets are calculated and to make recommendations for potential changes in those calculations as the commission deems appropriate. In conducting such review, the commission shall seek to determine the educational programs and services necessary to achieve the commonwealth's educational goals and to prepare students to achieve passing scores on the Massachusetts Comprehensive Assessment System examinations. The review shall include, but not be limited to, those components of the foundation budget created pursuant to section 3 of chapter 70 and subsequent changes made to the foundation budget by law. In addition, the commission shall seek to determine and recommend measures to promote the adoption of ways in which resources can be most effectively utilized and consider various models of efficient and effective resource allocation. In carrying out the review, the commissioner of elementary and secondary education shall provide to the commission any data and information the commissioner considers relevant to the commission's charge.
The commission shall include the house and senate chairs of the joint committee on education, who shall serve as co-chairs, the secretary of education, the commissioner of elementary and secondary education, the commissioner of early education and care, the speaker of the house of representatives or a designee, the president of the senate or a designee, the minority leader of the house of representatives or a designee, the minority leader of the senate or a designee, the governor or a designee, the chair of the house committee on ways and means or a designee, the chair of the senate committee on ways and means or a designee and 1 member to be appointed by each of the following organizations: the Massachusetts Municipal Association, Inc., the Massachusetts Business Alliance for Education, Inc., the Massachusetts Association of School Committees, Inc., the Massachusetts Association of School Superintendents, Inc., the Massachusetts Teachers Association, the American Federation of Teachers Massachusetts, the Massachusetts Association of Vocational Administrators, Inc., the Massachusetts Association of Regional Schools, Inc. and the Massachusetts Association of School Business Officials. Members shall not receive compensation for their services but may receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities as members of the commission. The commissioner of elementary and secondary education shall furnish reasonable staff and other support for the work of the commission. Prior to issuing its recommendations, the commission shall conduct not fewer than 4 public hearings across regions of the commonwealth. It shall not constitute a violation of chapter 268A for a person employed by a school district to serve on the commission or to participate in commission deliberations that may have a financial impact on the district employing that person or on the rate at which that person may be compensated. The commission may establish procedures to ensure that no such person participates in commission deliberations that may directly affect the school districts employing those persons or that may directly affect the rate at which those persons are compensated.
Federal military reserve students; substance abuse prevention; privacy
SECTION 125.
Chapter 71 of the General Laws is hereby amended by adding the following 2 sections:-
Section 95. (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-
"Federal military reservation", the Joint Base Cape Cod and Hanscom Air Force Base.
"Federal military reservation students", children who are dependents of military or other federal personnel who reside on a federal military reservation and who attend public schools in any district.
"Reimbursement aid", funds from the commonwealth paid to municipalities to defray costs incurred by a municipality for federal military reservation students; provided, however, that reimbursement aid shall supplement funds already received by municipalities for the costs of educating federal military reservation students, including federal impact aid under 20 U.S.C. 7701 et seq., and state aid under chapter 70.
(b) Notwithstanding any general or special law to the contrary, the commonwealth shall pay reimbursement aid to qualifying municipalities. The total amount of reimbursement aid paid to qualifying municipalities shall be at least $1,300,000. The minimum payment made to a municipality for federal military reservation students shall equal the amount paid to the municipality in fiscal year 2014. Any increase in funding shall be disbursed through a ratio established by the department. The ratio shall be based on the proportionate amount of reimbursement aid paid to the municipality in fiscal year 2014.
Section 96. Each public school shall have a policy regarding substance use prevention and the education of its students about the dangers of substance abuse. The school shall notify the parents or guardians of all students attending the school of the policy and shall post the policy on the school's website, if a website exists. The policy and any standards and rules enforcing the policy shall be prescribed by the school committee in conjunction with the superintendent or the board of trustees of a charter school.
Maximum gross vehicle weight limit
SECTION 126.
Section 19A of chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second paragraph the following paragraph:-
Notwithstanding any general or special law to the contrary, the maximum gross vehicle weight limit, bridge formula limit and axle weight limit for any vehicle or combination of vehicles equipped with an idle reduction system may be increased by a quantity necessary to compensate for the additional weight of the idle reduction system as provided for in 23 U.S.C. section 127. The additional weight increase allowed under this paragraph shall not be greater than 400 pounds. Upon request by an appropriate law enforcement officer, the vehicle operator shall provide proof that the idle reduction technology is fully functional at all times and that the gross weight increase is not used for any purpose other than for the use of an idle reduction system. For purposes of this section, an idle reduction system shall be any system that provides heating, cooling or electrical service to a commercial vehicle cab to reduce vehicle idling.
Massachusetts Environmental Police Trust Fund 3
SECTION 127.
Section 35 of chapter 90B of the General Laws, as so appearing, is hereby amended by adding the following sentence:- The distribution of fines shall not apply to the surcharge amount imposed by section 39 or by section 10I of chapter 21A.
Massachusetts Environmental Police Trust 4
SECTION 128.
Said chapter 90B is hereby further amended by adding the following section:-
Section 39. (a) There shall be a 10 per cent administrative surcharge on all registration, title and permit fees collected by the division of law enforcement under this chapter. The surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund established by section 2LLLL of chapter 29.
(b) There shall be a surcharge of 20 per cent on a fine assessed against a person convicted of or found responsible for a violation under this chapter or a violation of a special regulation made under this chapter. Notwithstanding the distribution of fines, penalties and forfeitures under section 10G of chapter 21A, the surcharge shall be deposited into the Massachusetts Environmental Police Trust Fund.
Net quantity of food packages; marking; application of section
SECTION 129.
The first paragraph of section 181 of chapter 94 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the second sentence the following sentence:- This section shall not apply to off-premise, standard factory-packaged meat, poultry or fish items where the weight and price are the same for each meat, poultry or fish item.
Definitions - controlled substances act I
SECTION 130.
Section 1 of chapter 94C of the General Laws, as so appearing, is hereby amended by striking out the definition of "Controlled substance" and inserting in place thereof the following 2 definitions:-
"Controlled substance", a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.
"Controlled substance analogue", (i) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in section 31 and which has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; or (ii) a drug or substance with a chemical structure substantially similar to the chemical structure of a controlled substance in Class A, B, C, D or E, listed in said section 31 and with respect to a particular person, which such person represents or intends to have a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Class A, B, C, D or E, listed in said section 31; provided, however, that "controlled substance analogue" shall not include: (1) a controlled substance; (2) any substance for which there is an approved new drug application; (3) with respect to a particular person, any substance for which there is an exception in effect for investigational use for that person, under section 8, to the extent conduct with respect to the substance is pursuant to such exemption; or (4) any substance not intended for human consumption before such an exemption takes effect with respect to that substance; provided, however, that for the purposes of this chapter, a "controlled substance analogue" shall be treated as the Class A, B, C, D or E substance of which it is a controlled substance analogue.
Registration to dispense - nurse practitioner & nurse anesthetist VI
SECTION 131.
Section 7A of said chapter 94C, as so appearing, is hereby amended by inserting after the word "veterinarian", in line 7, the following words:- ; provided, however, that a practitioner shall include a physician assistant, nurse anesthetist or a registered nurse authorized by the board of registration in nursing to practice in an advanced practice nursing role.
Naloxone Standing Order
SECTION 132.
Said chapter 94C is hereby further amended by inserting after section 19A the following section:-
Section 19B. (a) As used in this section and unless the context clearly requires otherwise, "opioid antagonist" shall mean naloxone or any other drug approved by the United States Food and Drug Administration as a competitive narcotic antagonist used in the reversal of overdoses caused by opioids.
(b) Notwithstanding any general or special law to the contrary, a licensed pharmacist may dispense an opioid antagonist in accordance with written, standardized procedures or protocols developed by an actively practicing physician registered with the commissioner to distribute or dispense a controlled substance in the course of professional practice pursuant to section 7, if such procedures or protocols are filed at the pharmacist's place of practice and with the board of registration in pharmacy before implementation.
(c) Before dispensing an opioid antagonist pursuant to this section, a pharmacist shall complete a training program approved by the commissioner on opioid antagonists. The training program shall include, but not be limited to, proper documentation and quality assurance.
(d) A pharmacist dispensing an opioid antagonist under this section shall annually provide to the department the number of times an opioid antagonist is dispensed. Reports made pursuant to this section shall not identify an individual patient, shall be confidential and shall not be public records as defined in clause Twenty-sixth of section 7 of chapter 4.
(e) The department, the board of registration in medicine and the board of registration in pharmacy shall adopt regulations to implement this section.
Class C hallucinogenic substances
SECTION 133.
Class C of section 31 of said chapter 94C, as appearing in the 2012 Official Edition, is hereby amended by adding the following subsection:-
(f) Unless specifically excepted or listed in another schedule, any material, compound, mixture or preparation, which contains any quantity of the following hallucinogenic substances or cannabimimetic agents within the structural classes identified below:
(1) 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent;
(2) 3-(1-naphthoyl) indole or 3-(1-naphthyl) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
(3) 3-(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
(4) 1-(1-naphthylmethyl) indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
(5) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent;
(6) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
(7) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);
(8) 1-pentyl-3-(1-naphthoyl) indole (JWH-018 and AM678);
(9) 1-butyl-3-(1-naphthoyl) indole (JWH-073);
(10) 1-hexyl-3-(1-naphthoyl) indole (JWH-019);
(11) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole (JWH-200);
(12) 1-pentyl-3-(2-methoxyphenylacetyl) indole (JWH-250);
(13) 1-pentyl-3-[1-(4-methoxynaphthoyl)] indole (JWH-081);
(14) 1-pentyl-3-(4-methyl-1-naphthoyl) indole (JWH-122);
(15) 1-pentyl-3-(4-chloro-1-naphthoyl) indole (JWH-398);
(16) 1-(5-fluoropentyl)-3-(1-naphthoyl) indole (AM2201);
(17) 1-(5-fluoropentyl)-3-(2-iodobenzoyl) indole (AM694);
(18) 1-pentyl-3-[(4-methoxy)-benzoyl] indole (SR-19 and RCS-4);
(19) 1-cyclohexylethyl-3-(2-methoxyphenylacetyl) indole (SR-18 and RCS-8); and
(20) 1-pentyl-3-(2-chlorophenylacetyl) indole (JWH-203).
Increase penalties for heroin trafficking
SECTION 134.
Section 32E of said chapter 94C, as so appearing, is hereby amended by striking out, in lines 88 and 95, the figure "20" and inserting in place thereof, in each instance, the following figure:- 30.
Veto Explanation:
I am vetoing this section because it imposes disproportionate maximum penalties.
Increase Penalties for Heroin Trafficking III
SECTION 135.
Said section 32E of said chapter 94C, as so appearing, is hereby further amended by striking out, in lines 102 and 108, the word "twenty" and inserting in place thereof, in each instance, the following figure:- 30.
Prevention and wellness advisory board
SECTION 136.
Section 2H of chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the word "chairperson", in line 7, the following words:- ; the house and senate chairs of the joint committee on public health; the house and senate chairs of the joint committee on health care financing.
Substance Abuse Prevention Fund
SECTION 137.
Said chapter 111 is hereby further amended by inserting after section 2H the following section:-
Section 2I. (a) There shall be established and set up on the books of the commonwealth a Substance Abuse Services Fund to be expended, without further appropriation, by the department of public health. The commissioner of public health shall, as trustee, administer the fund. The fund shall consist of revenues collected by the commonwealth including: (i) any revenue from appropriations or other monies authorized by the general court and specifically designated to be credited to the fund; (ii) any funds from public and private sources, including gifts, grants and donations to provide substance use disorder treatment services; (iii) any interest earned on such revenues; and (iv) any funds provided from other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
(b) All expenditures from the fund shall support the expansion of substance use disorder treatment services including, but not limited to: (i) detoxification services; (ii) clinical stabilization services; (iii) residential treatment services; (iv) outpatient treatment services; (v) counseling; (vi) promoting the access of primary care providers, including nurse practitioners and physician assistants, to available, trained and certified addiction physician specialists for consultation or referral; and (vii) educating primary care providers, including nurse practitioners and physician assistants, about addiction prevention and treatment and encouraging primary care physicians, nurse practitioners and physician assistants to screen for signs of substance abuse.
(c) In making expenditures from the fund, the commissioner shall prioritize: (i) treatment methods that are evidence-based and cost effective; (ii) ensuring substance use disorder treatment access to historically underserved populations; and (iii) availability of a continuum of services and care for clients entering substance use disorder treatment at any level.
(d) The commissioner of public health shall report quarterly to the executive office for administration and finance, the joint committee on mental health and substance abuse and the house and senate committees on ways and means on: (i) the way funds were spent in the previous quarter including, but not limited to, an itemized accounting of the goods and services that were procured; (ii) an accounting of substance use disorder services provided by the fund, broken down by month and type of service, from 2011 to the current quarter, inclusive; (iii) the number of clients served, by month and type of service, by the goods and services procured in the previous quarter; (iv) amounts expended by type of service for each month in the prior quarter; and (v) procurement and service goals for the subsequent quarter.
Hepatitis B and C testing and prevention
SECTION 138.
Said chapter 111 is hereby further amended by striking out section 4M, as appearing in the 2012 Official Edition, and inserting in place thereof the following 2 sections:-
Section 4M. Subject to appropriation, the department shall:
(1) conduct a needs assessment to determine the incidence and prevalence of hepatitis B virus and hepatitis C virus in the commonwealth;
(2) develop and implement a program to prevent further transmission of viral hepatitis and to prevent onset of chronic liver disease caused by viral hepatitis;
(3) develop and implement a statewide public education and community outreach program to raise awareness and promote prevention of viral hepatitis;
(4) develop or approve evidence-based educational materials on the risks, diagnosis, treatment and prevention of viral hepatitis; provided that, the materials shall be made available in written and electronic form and shall be targeted to physicians and other health care providers and high-risk populations subject to an increased risk of contracting viral hepatitis as determined by the department;
(5) support the establishment and maintenance of a chronic and acute hepatitis B and hepatitis C surveillance program in order to identify (i) trends in the incidence of acute and chronic hepatitis B and acute and chronic hepatitis C, (ii) trends in the prevalence of acute and chronic hepatitis B and acute and chronic hepatitis C infection among groups that may be disproportionately affected and (iii) trends in liver cancer and end-stage liver disease incidence and deaths caused by chronic hepatitis B and chronic hepatitis C in high-risk populations; and
(6) annually report on the department's viral hepatitis education, awareness and prevention education and community outreach efforts to the joint committee on public health on or before January 1.
Section 4M1/2. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:-
"Hepatitis C diagnostic test", a laboratory test that detects the presence of hepatitis C virus in the blood and confirms whether the person whose blood is being tested has a hepatitis C virus infection.
"Hepatitis C screening test", any FDA-approved laboratory screening test, FDA-approved rapid point-of-care test or other FDA-approved tests that detect the presence of hepatitis C antibodies in the blood.
(b) Every person born between the years of 1945 and 1965 who receives health care services from a primary care provider shall be offered a hepatitis C screening test or a Hepatitis C diagnostic test unless the provider believes that: (i) the person is being treated for a life threatening emergency; (ii) the person has previously been offered or has received a hepatitis screening test; or (iii) the person lacks capacity to consent to a hepatitis C screening test.
Hospice program licensing
SECTION 139.
Section 57D of said chapter 111, as so appearing , is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
The department shall issue for a term of 2 years and renew for a like term a license to maintain a hospice program to any organization it considers responsible and suitable to maintain such a program. The department may issue not more than 8 licenses under this section to maintain an inpatient hospice program and shall promulgate regulations to govern the issuance of licenses to such programs. Hospice program licensees shall be subject to suspension, revocation or refusal to renew for cause. The department shall determine the fee and renewal of the license. Prior to issuing a new license, and every 4 years thereafter, the department, in consultation with the Hospice and Palliative Care Federation of Massachusetts, shall review the number of inpatient hospice facilities operating under this section, as well as the demand for such facilities, and make recommendations on the appropriate number of inpatient hospice facility licenses that should be available in the commonwealth. The department shall report its recommendations to the executive office of health and human services and the joint committee on public health.
Nursing home psychotropic medication informed consent I
SECTION 140.
Said chapter 111 is hereby further amended by inserting after section 72AA the following section:-
Section 72BB. (a) For the purposes of this section, the term "facility" shall mean a nursing home, rest home or other long-term care facility.
(b) The department shall establish a schedule of psychotropic medications that shall not be administered to a resident by a facility without informed written consent.
(c) Prior to administering psychotropic medication listed on the schedule created under subsection (b), a facility shall obtain the informed written consent of the resident, the resident's health care proxy or the resident's guardian. Informed written consent shall be obtained on a form approved by the department, which shall include, at a minimum, the following information: (i) the purpose for administering the listed psychotropic drug; (ii) the prescribed dosage; and (iii) any known effect or side effect of the psychotropic medication. The written consent form shall be kept in the resident's medical record.
Sober Homes IV
SECTION 141.
Section 7 of chapter 111B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word "treatment", in line 41, the following words:- ; provided, however, that a patient shall not be referred to alcohol and drug free housing unless such housing is certified pursuant to section 18A of chapter 17.
Definitions - clinical laboratories I
SECTION 142.
Section 1 of chapter 111D of the General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:-
(3) "Company", a corporation, partnership, limited liability company, limited liability partnership, an association, a trust or an organized group of persons, whether incorporated or not.
Definitions - clinical laboratories II
SECTION 143.
Said section 1 of said chapter 111D, as so appearing, is hereby further amended by striking out clause (7) and inserting in place thereof the following 2 clauses:-
(7) "Ownership interest", interests including, but not limited to, any membership, proprietary interest, shares of stock in a corporation, units or other interest in a partnership, bonds, debentures, notes or other equity interest or debt instrument or co-ownership in any form.
(7A) "Person", corporations, societies, associations, partnerships, limited liability companies, limited liability partnerships, trusts, organized group of persons, whether incorporated or not, an individual or the individual's estate upon death, any other entity including, but not limited to, medical practice, medical office, clinic, counseling center, substance use disorder treatment program or sober house or a political subdivision of the commonwealth.
Prohibition on clinical laboratory self-referrals I
SECTION 144.
Section 8 of said chapter 111D, as so appearing, is hereby amended by adding the following clause:-
(17) knowingly solicit, accept or test any specimen derived from the human body that is received from, ordered, requested or referred by: (a) any person or company in which the clinical laboratory or its directors, owners, partners, employees or family members thereof have any direct or indirect ownership interest; or (b) any person or company or its directors, owners, partners, employees or family members thereof having any direct or indirect ownership interest in the clinical laboratory; provided, however, that this clause shall not apply to: (i) a clinical laboratory owned by a licensed physician or group of licensed physicians used exclusively in connection with the diagnosis and treatment of the physician's or group of physicians' own patients and where all testing is performed by or under the direct supervision of the physician or group of physicians; (ii) a hospital or clinic licensed under section 51 of chapter 111 used exclusively in connection with the diagnosis or treatment of the hospital's or clinic's own patients; or (iii) any case exempted under subsection (b) to (d), inclusive, of 42 U.S.C. section 1395nn, or specifically permitted by regulations or rules of the United States Secretary of Health and Human Services, the federal Centers for Medicare or Medicaid Services, the executive office of health and human services or the executive office for administration and finance.
Prohibition on clinical laboratory self-referrals II
SECTION 145.
Said chapter 111D is hereby further amended by inserting after section 8 the following section:-
Section 8A. No person or company shall knowingly refer, request, order or send any specimen derived from the human body for examination to a clinical laboratory in which the person or company, or any of its owners, directors, partners, employees or family members thereof have a direct or indirect ownership interest. This section shall not apply to: (i) a clinical laboratory owned by a licensed physician or group of licensed physicians and used exclusively in connection with the diagnosis and treatment of the physician's or group of physicians' own patients and where all testing is performed by or under the direct supervision of said physician or group of physicians; (ii) a hospital or clinic licensed under section 51 of chapter 111 used exclusively in connection with the diagnosis or treatment of the hospital's or clinic's own patients; or (iii) any case exempted under subsections (b) to (d), inclusive, of 42 U.S.C. section 1395nn or specifically permitted by regulations or rules of the United States Secretary of Health and Human Services, the federal Centers for Medicare or Medicaid Services, the executive office of health and human services or the executive office for administration and finance.
Prohibition on clinical laboratory self-referrals III
SECTION 146.
Said chapter 111D is hereby further amended by striking out section 13, as appearing in the 2012 Official Edition, and inserting in place thereof the following 2 sections:-
Section 13. (a) No individual shall: (i) maintain a clinical laboratory in the commonwealth without a license in violation of section 4; (ii) maintain a clinical laboratory in violation of the terms of a license issued under section 5; (iii) engage in, aid, abet, cause or permit any act prohibited under section 8; or (iv) refer, request, order or send any specimen derived from the human body in violation of section 8A. A violation of this subsection, shall be punished by imprisonment for not more than 5 years in state prison, or by imprisonment in a jail or house of correction for not more than 2 1/2 years, or by a fine of not more than $10,000 or by both such fine and imprisonment. The commissioner shall transmit to the attorney general evidence of an offense, which is in the department's possession.
(b) If a person or company violates clause (17) of section 8 or section 8A, the attorney general may bring a civil action, either in lieu of or in addition to a criminal prosecution, and may recover a civil penalty of not less than $5,000 and not more than $10,000 per violation, plus 3 times the amount of damages sustained, including consequential damages. A person violating clause (17) of section 8 or section 8A shall be liable to the commonwealth for the expenses of the civil action brought to recover any such penalty or damages, including, but not limited to, reasonable attorney's fees, reasonable expert's fees and the costs of investigation. No action shall be brought under this section more than 6 years after it accrues. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
(c) A person or company that solicits, offers or enters into a referral arrangement or scheme with a clinical laboratory which the person or company knows or should know has a principal purpose of assuring referrals by the person or company to a particular clinical laboratory which, if the person or company directly made referrals to such clinical laboratory, would be in violation of clause (17) of section 8 or section 8A, shall be liable to the commonwealth for a civil penalty of not more than $100,000 for each referral arrangement or scheme plus 3 times the amount of damages sustained, including consequential damages. No action shall be brought under this section more than 6 years after it accrues. The commissioner shall transmit to the attorney general such evidence of an offense as the department may have in its possession.
Section 14. The department shall require all clinical laboratories to disclose any ownership interests in writing to the department every 2 years. The disclosure shall contain the name and ownership interest of the disclosing person or company, as well as the names and all ownership interests of all other parties with an ownership interest in the clinical laboratory. A copy of the disclosure shall be provided by the clinical laboratory to the attorney general. Any person who fails to provide such disclosure shall be subject to a fine not exceeding $5,000 by the department.
Sober Homes V
SECTION 147.
Section 12 of chapter 111E of the General Laws, as so appearing, is hereby amended by inserting after the fourth sentence the following sentence:- If the court requires as a condition of probation that the defendant shall reside in alcohol and drug free housing, the judge issuing the order shall require the probation officer to refer the defendant only to alcohol and drug free housing certified pursuant to section 18A of chapter 17 and the probation officer shall require the defendant to reside in housing so certified in order to satisfy such condition if such certified housing is available.
Registration; applications; requirements
SECTION 148.
Section 9I of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the words "degree", in line 8, the following words:- or higher.
Estate Recovery - Updates to the Uniform Probate Code I
SECTION 149.
Section 32 of chapter 118E of the General Laws, as so appearing, is hereby amended by inserting after the word "mail", in line 5, the following words:- in accordance with sections 3-306(f) and 3-403(f) of chapter 190B.
Estate Recovery - Updates to the Uniform Probate Code II
SECTION 150.
Said section 32 of said chapter 118E, as so appearing, is hereby further amended by striking out, in lines 5 and 6 and in line 78, the words "an executor or administrator" and inserting in place thereof, in each instance, the following words:- a personal representative.
Estate Recovery - Updates to the Uniform Probate Code III
SECTION 151.
Said section 32 of said chapter 118E, as so appearing, is hereby further amended by striking out, in lines 15 and 16, 18, 23, 28, 45 and 46, 63, 68 and 69, 76, 98 and in lines 101 and 102, the words "executor or administrator" and inserting in place thereof, in each instance, the following words:- personal representative.
DCF Fingerprinting and Crime Prohibition for Foster Families I
SECTION 152.
Chapter 119 of the General Laws, is hereby amended by striking out section 26A, as so appearing, and inserting in place thereof the following section:-
Section 26A. (a) In addition to the department's criminal offender record check process pursuant to section 172B of chapter 6, the department shall conduct fingerprint-based checks of the state and national criminal history databases, as authorized by 42 U.S.C. § 16962, for all applicants filing a request to become adoptive or foster parents and their household members age 15 or older. When the department obtains the results of checks of state and national criminal history databases, it shall treat the information according to sections 167 to 178, inclusive, of chapter 6 and the regulations thereunder regarding criminal offender record information.
(b) Fingerprints, as referenced in subsection (a), shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the state identification section and the department of criminal justice information services to assist the department in its review of suitability for initial or continued approval of pre-adoptive or foster parents. The department of criminal justice information services may disseminate the results of a state and national criminal history check to authorized department of children and families staff to determine the suitability of adoptive and foster parent applicants and their household members age 15 or older. If the department receives information from a fingerprint-based check that does not include a final disposition or is otherwise incomplete, the department may request that an applicant provide additional information to assist the department in determining the suitability of the individual for approval.
(c) The department shall, subject to appropriation and the approval of the secretary of administration and finance, pay all fees required to operate and administer the fingerprint-based criminal background check system established in this section. The secretary of administration and finance, in consultation with the secretary of public safety and the commissioner, shall determine the appropriate fees necessary to offset the costs of the program. Any fees required for fingerprinting activity pursuant to this section shall be deposited into the Fingerprint-Based Background Check Trust Fund established by section 2HHHH of chapter 29.
(d) The department shall also obtain from the sex offender registry board all available sex offender registry information associated with the address of all persons filing a registration of interest for pre-adoptive or foster care placement and their household members age 15 or older.
(e) The department shall promulgate regulations requiring pre-adoptive or foster parents and their household members age 15 or older to be subject to a fingerprint-based check of the state and national criminal history databases pursuant to 42 U.S.C. § 16962, as well as a sexual offender registry information check pursuant to sections 178I and 178J of chapter 6. The regulations shall incorporate all fees associated with conducting fingerprint-based checks, under 42 U.S.C. § 16962, as set by the department.
(f) If a record check pursuant to this section reveals a state felony conviction for: (1) assault and battery upon a child under section 13J of chapter 265; (2) assault with intent to rape under section 24 of chapter 265; (3) forcible rape of a child or assault with intent to rape a child under sections 22A, 22B, 22C, 23, or 24B of chapter 265; (4) rape and abuse of a child aggravated by age under section 23A of chapter 265; (5) rape and abuse of a child by previous offenders under section 23B of chapter 265; (6) posing or exhibiting a child under section 29A of chapter 272; (7) incest under section 17 of chapter 272; (8) indecent assault and battery under sections 13B, 13F or 13H of chapter 265; (9) inducing a minor into prostitution under section 4A of chapter 272; (10) murder under section 1 of chapter 265; (11) rape under section 22 of chapter 265; (12) unnatural acts with a child under 16 under section 35A of chapter 272; (13) enticement of a child under 18 to engage in prostitution under section 26D of chapter 265; or (14) human trafficking under sections 50 to 53, inclusive, of chapter 265 or similar conviction under the law of another state, the United States or a military, territorial or Native American tribal authority and a court of competent jurisdiction has determined that the felony was committed, the department shall reject the request for foster care placement, adoption or kinship care.
(g) If a record check pursuant to this section reveals a felony conviction under state, federal or a military, territorial or Native American tribal authority law for physical assault, battery or a drug-related offense and a court of competent jurisdiction has determined that the felony was committed in the past 5 years, the department shall reject the request for foster care placement, adoption or kinship care.
(h) If an applicant for foster care placement, adoption or kinship care was convicted for a crime other than those included in subsections (f) and (g), the department shall consider the following factors in making its decision whether to approve the request for foster care placement, adoption or kinship care: (1) the type of crime; (2) the number of crimes; (3) the nature of the offenses; (4) the age of the individual at the time of conviction; (5) the length of time that has elapsed since the last conviction; (6) the relationship of the crime and the capacity to care for children; (7) the current and future needs of the child to be placed and the probable effect that the misdemeanor would have on the applicant's ability to fulfill those needs; (8) the relationship between the individual and the child in question; (9) evidence of rehabilitation; and (10) opinions of community members concerning the individual in question. Prior to the approval of any such application, the department shall require screening and a written opinion by a mental health or criminal justice professional that the individual does not pose a risk of harm to the child.
Raise the Age Correction
SECTION 153.
Subsection (a) of section 72 of chapter 119 of the General Laws is hereby amended by striking out the words "before his", inserted by section 22 of chapter 84 of the acts of 2013, and inserting in place thereof the following words:- until between such child's eighteenth and.
Housing Stabilization and Preservation Trust Fund
SECTION 154.
Section 60 of chapter 121B of the General Laws is hereby amended by striking out subsections (e) and (f), as appearing in section 106 of chapter 38 of the acts of 2013, and inserting in place thereof the following 2 subsections:-
(e) Not later than August 1 of each fiscal year, the undersecretary shall submit a spending plan to the secretary of administration and finance and the house and senate committees on ways and means. The spending plan shall include the specific programs that shall be supported through the fund including, if applicable, relevant state budget items through which the programs receive additional state support. The spending plan shall include the fund balance at the start of the current fiscal year and expenditures and incomes from the prior fiscal year. Spending from the fund shall be subject to approval of the secretary of administration and finance. The undersecretary shall report not less than every 6 months to the secretary of administration and finance and the house and senate committees on ways and means on how the funds have been expended and how expenditures have differed from the spending plan submitted on August 1. For the purpose of accommodating discrepancies between the receipt of revenues and related expenditures, the undersecretary may incur obligations and the comptroller may certify payment amounts not to exceed the most recent revenue estimate submitted by the undersecretary and approved by the secretary of administration and finance but the fund shall be in balance by the close of each fiscal year.
(f) The undersecretary shall determine eligibility and benefit levels for programs supported by the fund, but programs shall be structured in a sustainable manner. Any funds expended on programs that are also funded through the general appropriations act shall follow all eligibility and program requirements as described in the item language for each such program.
Section 35 Evaluation by Social Workers
SECTION 155.
Section 35 of chapter 123 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 32 and 33, the words "or a qualified psychologist" and inserting in place thereof the following words:- , a qualified psychologist or a social worker.
Sober Homes VI
SECTION 156.
Section 20B of chapter 127 of the General Laws, as so appearing, is hereby amended by striking out, in line 11, the word "and" and inserting in place thereof the following words:- ; provided, however, that such place of confinement shall not include alcohol and drug free housing unless such housing is certified pursuant to section 18A of chapter 17; and provided further, that the sheriff.
Sober Homes VII
SECTION 157.
Section 130 of said chapter 127, as so appearing, is hereby amended by adding the following sentence:- If the terms and conditions prescribed by the board include residence in alcohol and drug free housing, the board shall refer and require that the prisoner to whom the permit is granted reside in alcohol and drug free housing that is certified under section 18A of chapter 17 in order to satisfy those terms and conditions.
Sober Homes VIII
SECTION 158.
The first paragraph of section 133B of said chapter 127, as so appearing, is hereby amended by inserting after the third sentence the following sentence:- If the terms and conditions prescribed by the board include residence in alcohol and drug free housing, the board shall refer and require that the holder of the permit reside in alcohol and drug free housing that is certified pursuant to section 18A of chapter 17 in order to satisfy those terms and conditions.
Sober Homes IX
SECTION 159.
The second paragraph of section 133D of said chapter 127, as so appearing, is hereby amended by adding the following sentence:- If the terms and conditions prescribed by the board include residence in alcohol and drug free housing, the board shall refer and require that the person serving the sentence reside in alcohol and drug free housing that is certified pursuant to section 18A of chapter 17 in order to satisfy those terms and conditions.
Direct Wine Shipment 1
SECTION 160.
Section 1 of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting after the definition of "Commission" the following definition:-
"Direct wine shipper", a person who sells, delivers or exports wine to consumers in the commonwealth under a license issued pursuant to section 19F.
Farmer Winery Samples
SECTION 161.
Subsection (g) of section 19B of chapter 138 of the General Laws, as so appearing, is hereby amended by inserting after paragraph (5) the following paragraph:- (6) at retail if provided as a sample of wine or winery product to be consumed on the premises; provided, however, that no sample shall exceed 1 ounce and no more than 5 samples shall be served to any individual.
Direct Wine Shipment 2
SECTION 162.
Said chapter 138 of the General Laws is hereby further amended by striking out section 19F and inserting in place thereof the following section:-
Section 19F. (a) The commission may issue a direct wine shipper license pursuant to this section to any person, firm or corporation that holds a federal basic permit pursuant to the federal Alcohol Administration Act, compiled in 27 U.S.C. § 201 et seq.; holds a license in the commonwealth or any other state to manufacture and export wine; and is in the business of manufacturing, bottling or rectifying wine.
(b) Under this section, a direct wine shipper licensee may make sales and delivery of wine directly to residents of the commonwealth who are 21 years of age or older, for personal use and not for resale.
(c) The fee for a license issued pursuant to this section shall be $300 per winery; provided that an affiliate, franchise or subsidiary of the winery shall require a separate license. Licenses shall be renewed annually at a fee of $150. If a direct wine shipper's license expires and is not renewed, a subsequent application shall be treated as an application for a new license. An applicant for a direct wine shipper license shall provide the commission and the department of revenue with a true copy of the applicable alcoholic beverage license to manufacture, export and sell the applicant's wine as issued by the appropriate licensing authority. A copy of the direct wine shipment license obtained pursuant to this section shall be provided by the commission to the department of revenue.
(d) A direct wine shipper licensee under this section shall ship wine in accordance with section 22.
(e) A direct wine shipper licensee may ship up to 12 cases of wine, containing not more than 9 liters of wine per case, per year to a resident of the commonwealth.
(f) A licensee under this section shall: (i) report yearly to the commission and the department of revenue the total number of gallons of wine shipped into the commonwealth for the preceding year; (ii) pay to the department of revenue, under the department's rules and regulations, for each shipment of wine the excise levied on importations of wine calculated under section 21 and any and all other applicable taxes; and (iii) upon request, allow the commission or the department of revenue to perform an audit of the direct shipper licensee's records.
(g) No person, firm or corporation shall ship wine directly to consumers without a direct wine shipper license. A person, firm or corporation who manufactures, transports, imports or exports wine in violation of this section shall be deemed to have engaged in a deceptive act or practice under chapter 93A.
(h) Whoever ships wine in violation of this section shall be subject to the following penalties: for a first violation, by suspension of the direct wine shipper license for 60 days or a fine of $500, or both; for a second violation, by suspension of the direct wine shipper license for 120 days or a fine of $1,000, or both; and for a third or subsequent violation, by suspension of the direct wine shipper license for 1 year or by a fine of $3,000, or both. A licensee whose license has been suspended for 1 year or more may apply for a direct wine shipper license and shall be treated as a new applicant. The commission may revoke a direct wine shipper license after 3 or more violations.
(i) If a violation of this section involves the sale or delivery of wine to a person under 21 years of age, the commission may impose the following additional penalties: for a first violation, by suspension of the direct shipper license for 180 days or a fine of $1,000, or both; for a second violation, by suspension of the direct shipper license for 1 year or a fine of $2,000, or both; and for a third or subsequent violation, by suspension of the direct shipper license for 2 years or by a fine of $5,000, or both. Nothing in this section shall preclude enforcement of violations of section 34.
(j) The commission shall promulgate rules and regulations to effectuate this section. The department of revenue may promulgate rules and regulations necessary to effectuate the oversight and collection of taxes due to the commonwealth as a result of the sale and shipment of wine into the commonwealth pursuant to this section.
(k) The commission shall issue an annual report to the joint committee on consumer protection and professional licensure, which shall include, but not be limited to, the number of direct wine shipment licenses issued and a review of violations and enforcement measures taken pursuant to this section.
Direct Wine Shipment 3
SECTION 163.
Section 22 of said chapter 138, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 57 and 58, the words "section 19F, or farmer-brewery licensees under section nineteen E" and inserting in place thereof the following words:- sections 19B, 19C and 19F.
Direct Wine Shipment 4
SECTION 164.
Said section 22 of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 63 to 67, inclusive, the words "the words "CONTAINS ALCOHOL: REQUIRES SIGNATURE OF AND PERSONAL DELIVERY TO A PERSON LEGALLY AUTHORIZED TO CONSUME ALCOHOLIC BEVERAGES IN THE COMMONWEALTH" and with a seal of licensure attached thereto as provided by the commission" and inserting in place thereof the following words:- words that indicate that the package contains alcohol and that the signature of a person, age 21 years or older, is required for delivery.
Direct Wine Shipment 5
SECTION 165.
Said section 22 of said chapter 138, as so appearing, is hereby further amended by striking out, in line 76, the word "twenty" and inserting in place thereof the following figure:- 108.
Licenses: Suspension; revocation; forfeiture
SECTION 166.
Section 9 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word "license", in line 8, the following words:- or impose a fine; provided that, the fine for the first offense within a 6-month period shall be not less than $500 and not more than $1,000; for the second offense within a 6-month period the fine shall be not less than $1,000 and not more than $2,000; for the third offense within a 6-month period the fine shall be not less than $2,000 and not more than $5,000; for the fourth offense within a 6-month period the fine shall be not less than $5,000 and not more than $10,000; and for the fifth offense within a 6-month period the fine shall be not less than $10,000.
Elevator Inspections
SECTION 167.
The second paragraph of section 65 of chapter 143 of the General Laws, as appearing in section 6 of chapter 3 of the acts of 2013, is hereby amended by inserting after the third sentence the following sentence:- The commissioner or the commissioner's designee may waive all or a portion of the $100 per day fine and may promulgate rules and regulations establishing criteria used to determine whether the fine may be waived.
Workers' compensation employer insurance I
SECTION 168.
Section 63 of chapter 152 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word "chapter", in line 15, the following words:- ; provided, however, that if the reason for cancellation is for nonpayment of premium, if the insured pays the amount of premium due on or before the effective date of cancellation, the assigned carrier shall issue an accurate renewal policy.
Workers' compensation employer insurance II
SECTION 169.
Section 65B of said chapter 152, as so appearing, is hereby amended by inserting after the word "same", in line 7, following words:- ; and provided further, that if the reason for cancellation is for nonpayment of premium, if the insurer receives the amount of premium due on or before the effective date of cancellation, the assigned carrier shall issue an accurate renewal policy.
Insufficiency of funds; payments by commonwealth
SECTION 170.
Section 18 of chapter 161A of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
The secretary of administration and finance, on behalf of the commonwealth shall, with the concurrence of the secretary of the Massachusetts Department of Transportation, enter into a contract with the authority. The contract shall provide for payments by the commonwealth of $160,000,000 annually to the authority, in substantially equal monthly payments not later than the last day of each month.
The authority may pledge the contract and the rights of the authority to receive amounts thereunder as security for the payment of notes or bonds issued under this chapter. Such 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 and of the holders of any notes or bonds of the authority which may be secured by a pledge of such contract or of amounts to be received by the authority under such contract.
Massachusetts Bay Transportation Authority retirement information
SECTION 171.
Chapter 161A of the General Laws is hereby amended by adding the following section:-
Section 50. The Massachusetts Bay Transportation Authority, or its successor, shall make available retirement information, for all current, former and future Massachusetts Bay Transportation Authority employees and retirees, which includes total annual and monthly pension benefit contributions, in an electronically searchable and aggregate format in accordance with chapter 66 and section 14C of chapter 7. The information shall include name, position, annual salary, monthly and annual pension payment, age and number of years in service for each employee or retiree at retirement.
Health insurance criteria and protocol availability II
SECTION 172.
The second paragraph of subsection (a) of section 12 of chapter 176O of the General Laws, as appearing in section 199 of chapter 224 of the acts of 2012, is hereby amended by striking out the third sentence and inserting in place thereof the following sentence:- Utilization review criteria shall be applied consistently by a carrier or a utilization review organization and made easily accessible and up-to-date on a carrier or utilization review organization's website and upon request to the general public; provided, however, that a carrier shall not be required to disclose licensed, proprietary criteria purchased by a carrier or utilization review organization on its website, but shall disclose such licensed, proprietary criteria relevant to particular treatments and services to insureds, prospective insureds and health care providers upon request.
Health insurance criteria and protocol availability III
SECTION 173.
Subsection (b) of section 16 of said chapter 176O, as appearing in the 2012 Official Edition, is hereby amended by striking out the fifth sentence in inserting in place thereof the following sentence:- Any such medical necessity guidelines criteria shall be applied consistently by a carrier or a utilization review organization and made easily accessible and up-to-date on a carrier or utilization review organization's website to insureds, prospective insureds and health care providers consistent with subsection (a) of section 12.
Estate Recovery - Updates to the Uniform Probate Code IV
SECTION 174.
Section 3-306 of chapter 190B of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(g) The petitioner shall give written notice 7 days prior to petitioning for informal probate or appointment by sending a copy of the petition and death certificate by certified mail to the division of medical assistance.
Estate Recovery - Updates to the Uniform Probate Code V
SECTION 175.
Section 3-403 of said chapter 190B, as so appearing, is hereby amended by adding the following subsection:-
(g) The petitioner shall give notice by certified mail to the division of medical assistance together with a copy of the petition and death certificate.
Estate Recovery - Updates to the Uniform Probate Code VI
SECTION 176.
Section 3-1201 of said chapter 190B, as so appearing, is hereby amended by inserting after the word "person", in line 5, the following words:- or, in the case of a person who at the person's death, was receiving services from the department of mental health, the department of developmental services or the division of medical assistance, any person designated to act as a voluntary personal representative of the estate of the person by the department of mental health, the department of developmental services or the division of medical assistance.
Assault and battery upon public employees; penalty
SECTION 177.
Section 13D of chapter 265 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
An officer authorized to make arrests may arrest any person upon probable cause and without a warrant if the person has committed an offense under this section upon a public employee when the public employee was operating a public transit vehicle and the officer may keep the person in custody during which period the officer shall seek the issuance of a complaint and request a bail determination with all reasonable promptness.
Raffles and bazaars; conduct by certain organizations
SECTION 178.
Section 7A of chapter 271 of the General Laws, as so appearing, is hereby amended by striking out, in lines 8 and 85, the words "twenty-five dollars" and inserting in place thereof, in each instance, the following figure:- "$250".
Sober Homes X
SECTION 179.
The first paragraph of section 87A of chapter 276 of the General Laws, as so appearing, is hereby amended by adding the following 3 sentences:- If the court requires as a condition of probation that the defendant reside in alcohol and drug free housing within the commonwealth, the judge issuing the order shall require the probation officer to refer the defendant only to alcohol and drug free housing certified under section 18A of chapter 17 and the probation officer shall require the defendant to reside in such certified housing in order to satisfy such condition. If accredited alcohol and drug free housing is not available, the judge issuing the order may permit the probation officer to refer the person placed on supervised probation to alcohol and substance free housing that is available and that, in the judge's discretion, appropriately supports the recovery goals of the person. If the court imposes as a condition of probation that the person reside in alcohol and drug free housing in another state, the judge issuing the order may permit the probation officer to refer the person to alcohol and drug free housing that, in the judge's discretion, appropriately supports the recovery goals of the person.
Pretrial Diversion Program for Substance Use Disorder Treatment
SECTION 180.
Section 1 of chapter 276A of the General Laws, as so appearing, is hereby amended by inserting after the word "social", in line 21, the following words:- , substance use disorder treatment.
Salary of clerk of appellate division
SECTION 181.
Section 28D1/2 of chapter 278 of the General Laws, as so appearing, is hereby amended by adding the following 2 paragraphs:-
The first assistant clerk and the second assistant clerk of the appellate division shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salaries established and paid to them as the first assistant clerk and second assistant clerk, respectively, of the superior court for criminal business in the county of Suffolk.
An employee of the office of the clerk of the superior court for criminal business in the county of Suffolk shall be designated by the clerk as the clerical assistant in matters pertaining to the business of the appellate division. The clerical assistant, so designated, shall receive from the commonwealth as salary an amount equal to 10 per cent of, and in addition to, the salary established and paid to said employee in the position held by said employee in the office of the clerk.
Acceptable accredited forensic services providers I
SECTION 182.
Section 8 of chapter 278A of the General Laws, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "the American Society of Crime Laboratory Directors Laboratory Accreditation Board" and inserting in place thereof the following words:- an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and offers forensic laboratory accreditation services.
Acceptable accredited forensic services providers II
SECTION 183.
Said section 8 of said chapter 278A, as so appearing, is hereby further amended by striking out, in lines 14 and 15, the words "the American Society of Crime Laboratory Directors Laboratory Accreditation Board" and inserting in place thereof the following words:- an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Agreement and offers forensic laboratory accreditation services.
Rehabilitiation of Elm Bank property in Dover
SECTION 184.
Section 5 of chapter 624 of the acts of 1986 is hereby amended by striking out, in lines 10 and 11, the words "construction of the Framingham extension relief sewer" and inserting in place thereof the following words:- rehabilitation of Elm Bank.
Fall River State Heritage Park long-term leases
SECTION 185.
Chapter 530 of the acts of 1991 is hereby amended by striking out section 2 and inserting in place thereof the following section:-
Section 2. Such leases shall be subject to such conditions and restrictions as may be considered necessary and appropriate and consistent with this act by the commissioner of capital asset management and maintenance, in consultation with the department of conservation and recreation, and shall provide for fair and reasonable compensation from the city of Fall River.
Historic property addition - Cochituate Headhouse at Lake Cochituate
SECTION 186.
Section 44 of chapter 85 of the acts of 1994 is hereby amended by inserting after the words "River Reservation", inserted by section 1 of chapter 67 of the acts of 2011, the following words:- , Cochituate Headhouse at Lake Cochituate in the town of Wayland.
Essex North Shore Agricultural & Technical School District retirement
SECTION 187.
Section 13A of chapter 463 of the acts of 2004, inserted by chapter 95 of the acts of 2014, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Employees of the district shall become members of the city of Salem contributory retirement system, except an employee who is employed by the district as a teacher, as defined in section 1 of chapter 32 of the General Laws, shall be members of the Massachusetts teachers retirement system under said chapter 32.
Provision of behavioral health services
SECTION 188.
Section 113 of chapter 58 of the acts of 2006 is hereby amended by inserting after the first sentence the following sentence:- Managed care organizations shall be required to file with MassHealth any contracts or subcontracts for the management and delivery of behavioral health services by specialty behavioral health organizations to MassHealth members and MassHealth shall disclose such contracts upon request.
Delay FAS 109 Deduction
SECTION 189.
Subsection (2) of section 95 of chapter 173 of the acts of 2008 is hereby amended by striking out the figure "2015", inserted by section 142 of chapter 38 of the acts of 2013, and inserting in place thereof the following figure:- 2016.
Optional retirement system enrollment
SECTION 190.
Chapter 176 of the acts of 2011 is hereby amended by striking out section 60 and inserting in place thereof the following section:-
Section 60. (a) Notwithstanding any general or special law to the contrary, any active member of the optional retirement system established under subsection (3) of section 40 of chapter 15A of the General Laws, or inactive member of the optional retirement system who is currently an active member of the state retirement system, or optional retirement plan enrollee on an approved leave of absence of 2 years or less shall have 1 opportunity to transfer to the state employees' retirement system, governed by chapter 32 of the General Laws, with creditable service allowed for any such time they were active participants of the optional retirement program. Any such employee choosing to transfer shall also be allowed creditable service for any years of participation or portions thereof in the state employee retirement system immediately prior to their enrollment in the optional retirement program.
(b) Eligibility for creditable service for time spent in the optional retirement program and service relinquished in the state employees' retirement system by enrollment in the optional retirement program shall be conditioned upon the payment, in 1 lump sum or in installments upon such terms as the state retirement board may provide, the larger of (i) an amount equal to the contributions the employee would have otherwise paid into the state employees' retirement system had the employee been a member, plus actuarial-assumed interest for the years spent as an actively contributing member in the optional retirement plan; or (ii) an amount equal to all assets under the optional retirement plan to the state employees' retirement system; provided, that the assets shall be credited toward the purchase of creditable service minus employer-funded assets; and provided further, that the accrual of interest for creditable service prior to January 1, 2014 established under this section shall be calculated through December 31, 2013. Optional retirement program participants electing to transfer to the state retirement system shall, upon the transfer, forfeit all benefits, rights and privileges attributable to employer-funded assets in the optional retirement program. The optional retirement program administrator shall take immediate steps to ensure that the employer-funded assets are transmitted to the Pension Reserve Fund as assets of the state employees' retirement system as a trustee-to trustee transfer. Notwithstanding this subsection, the accrual of actuarial-assumed interest shall not be applicable to any group of participants identified by the department of higher education if this section is intended to reflect the requirements of the Employee Plans Compliance Resolution System of the Internal Revenue Service.
(c) Within 180 days of the effective date of this section the state retirement board and the department of higher education shall request of the Internal Revenue Service the necessary letters of determination or ruling on whether this section may be implemented without impairing the compliance of either or both the optional retirement plan and the state employees' retirement system with the Internal Revenue Code of 1986 including, but not limited to, subsection 414(h). The state employees' retirement system shall also request a determination or ruling from the Internal Revenue Service on whether this section may be implemented, without impairing the aforementioned compliance, provided that it only applies to any employee who elected, before May 16, 2004, to participate in the optional retirement program because the option of marriage did not become available to the employee under the laws of the commonwealth prior to May 16, 2004. Subsections (a), (b) and (d) to (g), inclusive, of this section shall not take effect unless and until the Internal Revenue Service issues a favorable ruling or determination, as the case may be, which determines that the transfers described in this section will not result in non-compliance of either or both the optional retirement program and the state employees' retirement system with the Internal Revenue Code including, but not limited to, subsection 414(h).
(d) Upon a favorable ruling or determination from the Internal Revenue Service, the department of higher education shall notify active members of the optional retirement program, inactive members of the optional retirement system who are currently active members of the state retirement system and those members on an excused leave of absence of 2 years or less, of their eligibility for this 1-time transfer opportunity to the state employee retirement system. Eligible employees who choose to transfer to the state employees' retirement system shall apply for the transfer to the state retirement board within 180 days of notification by the department of higher education of their eligibility for the transfer. Any elections under this section shall apply to current active members of the optional retirement plan, inactive members of the optional retirement system who are currently active members of the state retirement system and those on an approved leave of absence of 2 years or less on the effective date of this section and shall be for 1 time. No further changes in participation, either into the state retirement plan or out of the optional retirement program, shall be permitted.
(e) Within 180 days of application for transfer to the state retirement system, the employees, subject to the rules and regulations of the state board of retirement, shall be notified by the state board of retirement of their eligibility for transfer and the cost of the transfer. If eligible, the members shall have 180 days from notification to make the transfers to the state employees' retirement system as set forth in subsection (b). Any money remaining in an optional retirement program account following the transfer of an employee to the state employees' retirement system and the complete payment for such transfer under this section shall continue to be held on behalf of the member under the optional retirement program and shall continue to be subject to the terms of the optional retirement program.
(f) If an employee has a residual account remaining in the optional retirement program under subsection (e), the employee shall continue to be a member of the optional retirement program as long as the employee has an account under the program but shall not be permitted to make further contributions and shall not be eligible for any employer contributions thereunder. The department of higher education and the state board of retirement shall take such actions that are required or appropriate to ensure that the optional retirement program and the state employees' retirement system, as hereby amended, continue to be tax-qualified plans under the Internal Revenue Code of 1986, as amended.
(g) The application of chapter 32 of the General Laws to a member of the optional retirement program who elects to transfer to the state employees' retirement system pursuant to this section and who retains membership in the state employees' retirement system thereafter shall be those provisions that were in effect on the date the employee was or would have been eligible to become a member of the state employees' retirement system as determined by the state board of retirement.
Upon the effective date of this section the public employee retirement administration commission shall perform an actuarial study relative to the potential cost to the commonwealth of implementation of this section and shall submit a report to the joint committee on public service.
Racing Extension I
SECTION 191.
Section 92 of chapter 194 of the acts of 2011 is hereby amended by striking out the figure "2014" and inserting in place thereof the following figure:- 2016.
Horse and greyhound racing II
SECTION 192.
Section 112 of said chapter 194 is hereby amended by striking out the figure "2014" and inserting in place thereof the following figure:- 2016.
Medicaid reimbursement rates for specific hospital
SECTION 193.
Section 271 of chapter 224 of the acts of 2012 is hereby amended by striking out the words "fiscal year 2015 and fiscal year 2016" and inserting in place thereof the following words:- fiscal years 2015 to 2021, inclusive.
Veto Explanation:
I am vetoing this section because it inappropriately extends until 2021 Medicaid rates for a particular hospital.
Commission on prevention and wellness repeal
SECTION 194.
Section 276 of said chapter 224 is hereby repealed.
Chapter 224 Date Change to 2021
SECTION 195.
Section 307 of said chapter 224 is hereby amended by striking out the figure "2016" and inserting in place thereof the following figure:- 2021.
Licencing for pipefitters, refrigerator technicians, sprinkler filters
SECTION 196.
Chapter 239 of the acts of 2012 is hereby amended by striking out section 52, as appearing in section 22 of chapter 3 of the acts of 2013, and inserting in place thereof the following section:-
Section 52. The bureau of pipefitters, refrigeration technicians and sprinkler fitters shall adopt regulations and issue procedures related to the process piping pipefitter license under section 82 of chapter 146 of the General Laws not later than July 1, 2014. A person who was not required to be licensed under section 84 of said chapter 146 who submits satisfactory proof to the bureau of pipefitters, refrigeration technicians and sprinkler fitters that the person has been actively engaged in any area of process piping as defined in section 81 of said chapter 146 for 4 years prior to the effective date of this act and who has applied for a license within 180 days after the effective date of the regulations adopted under this section shall, upon payment of the applicable fee, be issued a process piping pipefitter license. A person with less than 4 years of documented relevant work experience shall demonstrate sufficient knowledge of the regulations in order to be issued a process piping pipefitter license. Any proof required to be submitted under this section shall be accompanied by a statement under the penalties of perjury.
Funding for bacterial contamination of marine waters
SECTION 197.
Item 2330-0100 of section 2 of chapter 38 of the acts of 2013, as amended by section 20 of chapter 52 of the acts of 2014, is hereby further amended by adding the following words:- ; and provided further, that up to $220,000 in funds unexpended in fiscal year 2014 shall not revert and shall be made available to implement an interdepartmental service agreement with the department of public health to address new concerns associated with bacterial contamination of marine waters and shellfish until June 30, 2015.
Definition of public records - covered persons and entities
SECTION 198.
Section 4 of said chapter 38 is hereby repealed.
Veto Explanation:
I am vetoing this section because, by removing certain entities from the Public Records Law, it removes an important tool to promote transparent and open government.
Commission to study elder economic security
SECTION 199.
Section 187 of said chapter 38 is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- The commission shall file its recommendations together with the drafts of legislation necessary to carry those recommendations into effect, with the clerks of the senate and the house of representatives, not later than 12 months after the first time the commission convenes.
South Coast Rail Mitigation
SECTION 200.
Section 38 of chapter 79 of the acts of 2014 is hereby amended by inserting after the first sentence the following sentence:- The department shall not use funds from this program to pay for any mitigation already required by existing state or federal law to facilitate construction on the project or any mitigation currently contemplated by the Massachusetts Department of Transportation as outlined in the South Coast Rail Corridor Plan.
Trial Court Transferability
SECTION 201.
(a) 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 court administrator may, from the effective date of this act through April 30, 2015, transfer funds from any item of appropriation within the trial court; provided, however, that the court administrator may not transfer more than 5 per cent of funds from items 0339-1001 and 0339-1003 to any other item of appropriation within the trial court. These transfers shall be made in accordance with schedules submitted to the house and senate committees on ways and means. The schedule shall include: (i) the amount of money transferred from any item of appropriation to any other item of appropriation; (ii) the reason for the necessity of the transfer; and (iii) the date on which the transfer shall 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.
Tobacco Settlement/OPEB Transfer II
SECTION 202.
Notwithstanding any general or special law to the contrary, section 152 of chapter 68 of the acts of 2011 shall not apply in fiscal year 2015; provided that the deposit to the State Retiree Benefits Trust Fund required under said section 152 of said chapter 68 for fiscal year 2015 shall be met under section 225.
Department of Children and Families Medical Staff
SECTION 203.
Notwithstanding any general of special law to the contrary, the department of children and families shall, within 60 days of the passage of this act, hire a licensed, professional medical staff member in each of the department's regional offices for the purpose of providing initial medical screenings for all children who enter the department's care within 72 hours of entering the department's care. The department shall also hire a medical director to manage, oversee and coordinate medical staff members in providing initial medical screenings within 72 hours and other medical services for children served by the department.
Local and regional needs for conflict resolution study
SECTION 204.
The Massachusetts office of public collaboration at the University of Massachusetts at Boston shall conduct a study of current local and regional needs for conflict resolution and collaborative infrastructure in the commonwealth.
The study shall include but not be limited to: (i) a literature review of research and publications on the utilization by local governments of public policy dispute resolution and other collaborative processes to address complex, contentious public issues; (ii) a municipal needs assessment involving select Massachusetts local government representatives, representatives of regional planning associations and municipal associations to examine the challenges faced by Massachusetts local governments; (iii) investigation of existing state infrastructure that can support municipal conflict resolution and collaborative problem-solving; (iv) investigation of programmatic approaches in other states for deployment and funding of community dispute resolution and public engagement and benchmarking effective programs and models for potential replication; (v) preliminary design of an evidence-based policy framework for state and private investment and provision of grants, technical resources and capacity-building services to local governments; and (vi) recommendations for the infrastructure and resources needed to oversee and administer a technical assistance grant program and recommendations for implementation and timeframes.
The study shall be completed and submitted to the joint committee on municipalities and regional government and the executive office for administration and finance not later than January 1, 2015.
Zero emissions vehicle commission
SECTION 205.
(a) There shall be a zero emission vehicle commission to study the economic and environmental benefits and costs of increased use of zero emission vehicles in the commonwealth. For the purposes of this commission, zero emission vehicles shall include electric vehicles, both battery electric vehicles and plug-in hybrid electric vehicles, and fuel cell vehicles.
(b) The commission shall consist of 27 members: (i) the secretary of energy and environmental affairs or a designee who shall serve as chair; (ii) 2 of whom shall be undersecretaries of the executive office of energy and environmental affairs or their designees; (iii) the secretary of transportation or a designee; (iv) the commissioner of energy resources or a designee; (v) the commissioner of environmental protection or a designee; (vi) the deputy director of the division of standards or a designee; (vii) 1 of whom shall be appointed by the mayor of the city of Boston; (viii) 2 of whom shall be appointed by the Massachusetts Municipal Association; and (ix) 17 members to be appointed by the governor, 3 of whom shall be representatives of the environmental community, 2 of whom shall be representatives of the business community, 1 of whom shall be a representative of parking garage or lot owners or operators, 2 of whom shall be representatives of an electric distribution company, 2 of whom shall be franchised motor vehicle dealers who possess a class 1 license under sections 58 and 59 of chapter 140 of the General Laws and sell electric vehicles as a segment of their vehicle inventory, 1 of whom shall be a representative of a municipal light plant organization, 2 of whom shall be representatives of electric vehicle charging infrastructure manufacturers, 1 of whom shall be a representative of a hydrogen fueling infrastructure manufacturer and 3 of whom shall be representatives of electric or fuel cell vehicle manufacturers. The secretary of energy and environmental affairs may appoint additional non-voting members. The study shall include, but not be limited to, recommendations for policies to: (A) further expand access to electric and fuel cell vehicle infrastructure in the commonwealth; (B) encourage the purchase and lease of electric and fuel cell vehicles; (C) reduce the up-front costs associated with electric and fuel cell vehicle purchases; and (D) identify strategies for removing barriers to electric and fuel cell vehicle deployment. The commission shall file an action plan based on the work of the Massachusetts electric vehicle task force by September 30, 2014. A full report of the commission's findings and recommendations, including any draft legislation, shall be filed with the clerks of the house of representatives and senate by April 15, 2015.
Medical device tax credit feasibility commission
SECTION 206.
(a) There shall be a commission to study the feasibility of establishing a tax credit for medical device manufacturing companies that are adversely affected by increases in the excise tax on medical device manufacturers pursuant to 26 U.S.C. section 4191, added by section 1405 of the Health Care and Education Reconciliation Act, Public Law 111-152. In studying the feasibility of such a credit, the commission shall examine factors including, but not limited to: (i) the potential cost to the commonwealth; (ii) the potential benefit derived by affected businesses; and (iii) the economic impact on the commonwealth of instituting such a credit.
(b) The commission shall be comprised of the following 11 members: the commissioner of revenue or a designee who shall serve as chair; the house and senate chairs of the joint committee on revenue; the house and senate chairs of the joint committee on economic development and emerging technologies; 1 member of the senate to be appointed by the minority leader; 1 member of the house of representatives to be appointed by the minority leader; 1 representative of the Massachusetts Medical Society; 1 representative of the Massachusetts Medical Device Industry Council, Inc.; 1 representative of the Associated Industries of Massachusetts, Inc.; and 1 representative of the Donahue Institute at the University of Massachusetts.
(c) The commission shall hold its first meeting within 90 days after the effective date of this section. The commission shall file a report detailing its work, findings and the feasibility of such a credit, including any legislative recommendations, with the clerks of the house of representatives and the senate not later than December 31, 2014.
Bridgewater state hospital working group
SECTION 207.
(a) There shall be a legislative and executive working group to examine and make recommendations relative to Bridgewater state hospital including the provision of mental health services, the care and protection of the inmates at the hospital and the development and implementation of specialized or general training requirements for all hospital employees coming into contact with the inmates at the hospital. The working group shall consider and make recommendations for ways to effectuate better coordination and cost containment of mental health services, care and protection, initial and in-service trainings, record keeping and oversight of the hospital.
(b) The working group shall consist of the following 9 members: the house and senate chairs of the joint committee on public safety and homeland security, who shall serve as co-chairs; the house and senate chairs of the joint committee on mental health and substance abuse; 1 member of the house of representatives, who shall be selected by the house minority leader; 1 member of the senate, who shall be selected by the senate minority leader; the commissioner of mental health or a designee; the commissioner of correction or a designee; and the commissioner of public health or a designee. As necessary, the working group: (i) shall meet with affected stakeholders; (ii) shall consult and collaborate with nongovernmental organizations that have expertise that may benefit the working group; and (iii) may create advisory groups that include affected stakeholders.
(c) The working group shall file a report not later than March 1 2015, including recommendations and any proposed legislation necessary to carry those recommendations into effect, with the clerks of the house of representatives and senate and the chairs of the senate and house committees on ways and means.
CORI available to navigator organizations IV
SECTION 208.
Navigator organizations certified by the commonwealth health insurance connector under 42 U.S.C. § 18031(i) shall obtain from the department of criminal justice information services all available criminal offender record information, as defined in section 167 of chapter 6 of the General Laws, for all current employees within 1 year of the effective date of this section. Any organization obtaining information under this section shall not disseminate the information for any purpose other than the protection of persons utilizing the services of a navigator organization.
Substance abuse prevention public awareness campaign
SECTION 209.
The department of public health shall conduct a public awareness campaign on substance abuse prevention. The department shall place public service announcements through the Massachusetts Department of Transportation office of outdoor advertising public service announcement program. The public service announcements shall include, but not be limited to: (i) information about substance abuse; (ii) information on where to find resources on treatment for a substance use disorder; and (iii) the phone number for the toll-free helpline established under section 18 of chapter 17 of the General Laws.
Substance Abuse School Policy Task Force
SECTION 210.
The department of elementary and secondary education, in conjunction with the department of public health, shall create a task force to develop a model alcohol, tobacco and drug use prevention and education policy for school districts in the commonwealth. The model policy shall include, but not be limited to: (i) clearly defined goals; (ii) community, parent, teacher and student involvement; (iii) a strategy to encourage communication between students, parents, teachers and administrators; (iv) implementation of an evidence?based substance abuse prevention curriculum for grades 5 to 12, inclusive; (v) prohibitions against substance use as well as discipline and enforcement provisions; (vi) intervention provisions and treatment opportunities; and (vii) a timetable for periodic review and revision. The task force may take into consideration the advisory council on violence prevention's drug use prevention recommendations as required under section 1 of chapter 71 of the General Laws.
The substance abuse prevention curriculum recommended under clause (iv) shall: be an evidence-based curriculum that is age appropriate for the grade in which it will be taught; provide an opportunity for interactive learning opportunities in a small group setting; be a continuous program throughout the school year; and be flexible and able to be modified based upon cultural and geographical differences between school districts. The substance abuse prevention curriculum recommended under clause (iv) may include the participation of a substance abuse counselor.
The task force shall prepare a report outlining the model policy and a plan for implementation in school districts in the commonwealth. The report shall identify the cost of implementing the model policy in each school district in the commonwealth. The task force may, in its report, recommend a grant program or multiple grant programs, which it believes would supplement the model policy in its efforts to educate students about the dangers of tobacco, alcohol and drug use and eradicate opiate use among teens; provided, however, that the task force shall identify the cost associated with each grant program that it recommends. The task force shall file its report with the clerks of the senate and the house of representatives, the chairs of the house and senate committees on ways and means and the joint committee on education not later than March 2, 2015.
The department of elementary and secondary education shall publish the model policy on its website and shall distribute the policy to each school district in the commonwealth.
Massachusetts School Building Authority Report
SECTION 211.
The Massachusetts School Building Authority, in collaboration with the department of elementary and secondary education, shall complete a report on the Massachusetts School Building Authority program. The report shall: (i) highlight and assess the program's progress since its creation in meeting the school construction and renovation needs of public school districts; (ii) estimate the number of construction and renovation projects eligible for support through the program over the next 5 years; (iii) estimate the financial capacity of the program over the next 5 years to support suitable projects; (iv) identify any deficit or surplus in projected financial resources in meeting the demand for eligible projects; (v) identify public education capital improvement project types including, but not limited to, education technology, school security, environmental health and energy efficiency, with the greatest current unmet need that are not currently eligible for financial support through the program; (vi) make recommendations regarding new project types that should be considered eligible for Massachusetts School Building Authority support; (vii) make recommendations of changes to the Massachusetts School Building Authority's existing financing model to meet unmet need for projects currently eligible for support and project types not currently eligible for support; and (viii) make other recommendations as necessary with the goal of improving the commonwealth's ability to support capital needs of public schools. The report, and any recommended legislative changes, shall be submitted to the executive office for administration and finance, the joint committee on education and the house and senate committees on ways and means, not later than March 16, 2015.
Administration and Finance Efficiencies
SECTION 212.
(a) If the secretary of administration and finance determines that reforms or initiatives related to: (i) procurement or (ii) energy consumption have resulted in cost savings for an agency of the executive department during fiscal year 2015, the secretary may reduce allotments under section 9B of chapter 29 of the General Laws to reflect some or all of the amounts saved; provided, however, that within 15 days of reducing allotments, the secretary shall notify the house and senate committees on ways and means in writing.
(b) If, as of October 1, 2014, the secretary of administration and finance determines that allotment reductions related to integrity enhancements in fiscal year 2015 shall be insufficient to generate $30,000,000, the secretary shall submit to the house and senate committees on ways and means a cost saving plan to reduce allotments under said section 9B of said chapter 29; provided, however, that allotment reductions shall not be made under this subsection before the submission of a cost savings plan.
(c) The total amount of allotment reductions under this section shall not exceed $30,000,000 in fiscal year 2015.
MassHealth Dental Coverage
SECTION 213.
Notwithstanding section 53 of chapter 118E of the General Laws, for fiscal year 2015, the executive office of health and human services may determine the extent to which to include within its covered services for adults the federally-optional dental services that were included in its state plan or demonstration program in effect on January 1, 2002 and the dental services that were covered for adults in the MassHealth basic program as of January 1, 2002; provided, however, that notwithstanding any general or special law to the contrary, at least 45 days before restructuring any MassHealth dental benefits, the executive office of health and human services shall file a report with the executive office for administration and finance and the house and senate committees on ways and means detailing the proposed changes and the anticipated fiscal impact of the changes.
Department of Correction procurement
SECTION 214.
Notwithstanding any general or special law to the contrary, the department of correction shall reprocure food and commissary services provided at all institutions with a contract to decrease expenses and increase efficiencies throughout the department. The department shall solicit new bids for such services and reprocurement shall be subject to an open and competitive bid process. The department of correction shall file a report with the house and senate committees on ways and means on the reprocurement progress and projected cost-savings on or before January 15, 2015. In executing the reprocurement of such services, the department shall notify each county sheriff who may elect to participate in the reprocurement of such services.
Veto Explanation:
I am vetoing this section, as I did a year ago, because the Department of Correction recently re-procured its food and commissary contracts after lengthy processes, and it cannot legally interfere with existing contracts.
Inspector General's Audits of Health Safety Net and MassHealth Program
SECTION 215.
Notwithstanding any general or special law to the contrary, in hospital fiscal year 2015, the office of the inspector general may expend a total of $1,000,000 from the Health Safety Net Trust Fund, established by section 66 of chapter 118E of the General Laws, for costs associated with maintaining a health safety net 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 charges. The unit shall also study and review the commonwealth's Medicaid program including, but not limited to, reviewing the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. 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 on or before March 1, 2015.
MassHealth Savings Report
SECTION 216.
Notwithstanding any general or special law to the contrary, MassHealth shall, not later than October 1, 2014, file a report with the executive office for administration and finance and the house and senate committees on ways and means identifying savings initiatives and cash management strategies that the executive office of health and human services shall pursue in fiscal year 2015 in order to operate the MassHealth program within the amounts appropriated in items 4000-0430, 4000-0500, 4000-0600, 4000-0700, 4000-0875, 4000-0880, 4000-0885, 4000-0940, 4000-0950, 4000-0990 and 4000-1400 of this act; provided, that MassHealth shall notify the executive office for administration and finance and the house and senate committees on ways and means not fewer than 15 days in advance of any deviation from the planned implementation of savings initiatives and cash management strategies included in this initial report; and provided further, that MassHealth shall notify the executive office for administration and finance and the house and senate committees on ways and means not fewer than 45 days in advance of implementing any proposed rate cuts to providers or service cuts to members.
Department of Children and Families IT
SECTION 217.
Pursuant to section 6 of chapter 7D of the General Laws, the chief information officer shall prioritize the development of an information technology strategic plan for the department of children and families. The plan shall detail the means by which the following technological improvements or upgrades shall be accomplished: (i) providing social workers with portable communication devices to facilitate communication with supervisors and emergency personnel; (ii) developing a platform to enter and access real-time data that documents home visitation and affiliated reports; and (iii) ensuring that photos of children, upon being placed in the care of the department, and annually thereafter, are uploaded into the Massachusetts statewide automated child welfare information system. The department of children and families, in consultation with and upon the approval by the Massachusetts office of information technology, shall expend available capital funds to upgrade its information technology. The office shall file a report on the development of the strategic plan and its progress in carrying out this section with the department of children and families to the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means on or before September 30, 2014.
DCF Fingerprinting and Crime Prohibition for Foster Parents IV
SECTION 218.
In a manner prescribed by the department of children and families, all pre-adoptive or foster parents currently licensed by the department and in custody of foster children shall comply with section 26A of chapter 119 of the General Laws on or before January 1, 2016, to determine the suitability of current foster parents. The department shall also conduct state and national fingerprint-based background checks for pre-adoptive or foster parents upon any license renewal. Said section 26A of said chapter 119 shall not apply to a foster care provider providing temporary, emergency housing for children, as defined by the department.
Child Advocate Department of Children and Families Review
SECTION 219.
Pursuant to section 5 of chapter 18C of the General Laws, the office of the child advocate, in consultation with the inspector general, shall conduct an emergency review and analysis of the office management, recordkeeping and background check policies of the department of children and families. The office shall develop best business practices and management recommendations to ensure the improved administration of the department, including, but not limited to, the development of: (1) comprehensive paper and electronic recordkeeping of the intake and status of children under the care of the department, including an annual update of the photographs of such children and documentation of all required medical examinations; (2) comprehensive paper and electronic recordkeeping of all required background checks of pre-adoptive and foster parents and their household members age 15 or older; (3) collection and maintenance practices to better access information related to approved criminal history waivers of foster parents, including a centralized, up-to-date compilation of all such waivers approved by the department and subsequent monthly reviews; (4) performance measurement tools to access the effectiveness of programs and services delivered; (5) improved communication between the commission's office, supervisors, staff members and children receiving services; (6) a concise procedure manual to be distributed and implemented with every department office; and (7) other administrative or business practices to ensure the effective management of the department. The office of the child advocate shall request any information necessary to complete the review from the department of children and families, the executive office of health and human services, or any other office, department or agency as needed, and such departments shall grant all requests unless prohibited by law.
The office of the child advocate, subject to appropriation, may retain an independent third party expert or a consultant to assist in the emergency review. The office shall file a preliminary report with the joint committee on children, families and persons with disabilities on or before July 31, 2014.
On or before December 31, 2014, the office of the child advocate shall prepare and distribute a survey to clients and employees of the department of children and families, including social workers and supervisors. The office shall work with the department to ensure that the survey is distributed appropriately and standards for client privacy are upheld. The survey may be returned anonymously to the office. The survey should be designed to assess the problems that clients face with the department. The survey should also be designed to assess the problems that department employees experience during the course of their employment with the department. The office shall study, review and report on the outcome of the surveys and assess the needs and resources of the department of children and families and submit 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 and senate on or before April 1, 2015.
Public Housing Health Study
SECTION 220.
The center for health information and analysis shall submit a report to the house and senate chairs of the joint committee on public health and the joint committee on health care financing evaluating the geographic concentration of morbidity, health costs and access to care in public housing developments in the commonwealth. The report shall include, but not be limited to, the following: (1) evaluation of available data on insurance coverage; (2) a description of the level of morbidity; (3) a description of health care utilization patterns; (4) an analysis of health care costs; and (5) options for interventions appropriate to improve access to effective and efficient health care for public housing residents, based on a review of national practices. The center may choose to study a limited number of public housing developments in consultation with the house and senate chairs of the joint committee on public health. The center may enter into an interagency services agreement with the office of Medicaid or the department of public health in order to develop the report.
Nursing Facility Assessment
SECTION 221.
Notwithstanding any general or special law to the contrary, the nursing home assessment established in subsection (b) of section 63 of chapter 118E of the General Laws shall be sufficient in the aggregate to generate $220,000,000 in fiscal year 2015.
Social worker licensing deadline
SECTION 222.
Notwithstanding any general or special law to the contrary, the commissioner of children and families shall ensure that all social workers employed by the department of children and families as of January 1, 2014 have obtained a license as a social worker by July 1, 2015.
Separate federal and state ballots
SECTION 223.
Notwithstanding any general or special law to the contrary, the state secretary may, as the state secretary considers necessary for the orderly administration of elections, print separate ballots containing federal offices only for the September 9, 2014 and November 4, 2014 state elections to ensure compliance with federal law.
Initial Gross Payments to Qualifying Acute Care Hospitals
SECTION 224.
Notwithstanding any general or special law to the contrary, by October 1, 2014 and without further appropriation, the comptroller shall transfer from the General Fund to the Health Safety Net Trust Fund, established in section 66 of chapter 118E of the General Laws, the greater of $45,000,000 or 1/12 of the total expenditures to hospitals and community health centers required pursuant to this act to make initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2014. These payments shall be made to hospitals before, and in anticipation of, the payment by hospitals of their gross liability to the Health Safety Net Trust Fund. The comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund by June 30, 2015 the amount authorized by this section and any allocation of that amount as certified by the director of the health safety net office.
Tobacco Settlement/OPEB Transfer III
SECTION 225.
Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 shall be deposited into the State Retiree Benefits Trust Fund, established by section 24 of chapter 32A of the General Laws, not later than June 30, 2015. The amount deposited shall be an amount equal to 30 per cent of all payments received by the commonwealth in fiscal year 2015 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378; provided, however, that if, in fiscal year 2015, the unexpended balances of items 0699-0014, 0699-0015, 0699-2005 and 0699-9100 is less than 30 per cent of all payments received by the commonwealth in fiscal year 2015 under the master settlement agreement payments, an amount equal to the difference shall be transferred to the State Retiree Benefits Trust Fund from payments received by the commonwealth under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378.
Prohibition of sale of electronic student data
SECTION 226.
For the purposes of this section the term "educational institution" shall mean a primary or secondary school, a school district or a board of cooperative educational services. Any person: (1) who provides account-based access to a website or an online service for an educational institution; (2) who marketed and designed the online service for the educational institution; and (3) who has knowledge that the online service collects data related to a student, shall not use the online service to sell student data or to process student data in furtherance of advertising; provided that the online service provider may process student data to provide, improve, develop or maintain the integrity of its online services.
MassHealth Status of Inmates
SECTION 227.
(a) Notwithstanding any general or special law to the contrary, the office of Medicaid shall suspend MassHealth benefits for inmates of penal institutions, including those awaiting trial and during incarceration, as defined in 130 CMR 501.001. MassHealth benefits shall be reactivated or provided to an inmate if: (i) an inmate is otherwise eligible for MassHealth; and (ii) is admitted as an inpatient, as defined in 42 CFR 435.1010, to a hospital or other eligible institution. If an inmate, upon incarceration, is determined to be eligible for MassHealth but is currently not a member of MassHealth, the office of Medicaid shall enroll the inmate in MassHealth and immediately suspend benefits until the inmate is eligible to receive MassHealth benefits. An inmate's MassHealth benefits shall be immediately reactivated upon release from incarceration. The office of Medicaid shall implement this section subject to all required federal approvals.
(b) The director of Medicaid shall submit a plan to implement this section to the house and senate chairs of the committees on ways and means and the chairs of the joint committee on health care financing not later than December 31, 2014. The implementation plan shall include, but not be limited to: (i) progress and status updates of any state plan amendment or other necessary federal approval; (ii) details on collaboration with the department of correction and sheriffs; and (iii) a proposed timeline for full implementation of this section.
(c) Not later than March 1 of each year, up to and including March 1, 2017, the office of Medicaid shall provide a status report to the clerks of the house of representatives and the senate who shall forward the report to the house and senate chairs of the committees on ways and means. The report shall identify: (i) the number of inmates enrolled in MassHealth prior to incarceration and the number of inmates enrolled in MassHealth while incarcerated and whether the inmate is in a house of correction or state prison; (ii) the number of inmates that had their MassHealth benefits reactivated; (iii) the period of time that each inmate received benefits through their reactivated MassHealth benefits; and (iv) the cost to MassHealth for those benefits and any federal financial participation received.
Commission to study aging and infirm inmate population
SECTION 228.
There shall be a special commission to study options available to address the aging and infirm inmate population and lower costs associated with providing healthcare, assisted living and other related issues related to aging and infirm inmates. The commission shall consist of 7 members including: the secretary of public safety and security or a designee, who shall serve as the chair of the commission; the commissioner of correction or a designee; the secretary of health and human services or a designee; the commissioner of public health or a designee; the director of Medicaid or a designee; the executive director of the Massachusetts sheriffs association or a designee; and the executive director of the Massachusetts district attorneys association or a designee.
The study shall include an examination of the options available to address an aging inmate population and lowering costs associated with providing healthcare, assisted living and other related services to an aging inmate population. In conducting the study, the commission shall: (i) assess the current health needs of that population; (ii) conduct a cost analysis of providing long-term care to terminally-ill inmates; (iii) make recommendations related to the feasibility of providing aging inmate focused medical care both within the penal system and outside of the penal system through services contracted with public and private facilities; (iv) analyze the feasibility of developing a compassionate release program for aging inmates, infirm inmates and inmates with a condition, disease or syndrome that is terminal, debilitiating or incapacitating including, but not limited to, inmates diagnosed with Alzheimer's disease, dementia or other degenerative diseases; and (v) make recommendations on the development of a hospice care program to train inmates as hospice care volunteers. To the maximum extent possible, the commission shall take into consideration existing state properties and facilities that may be used to provide assisted living and other long-term health care services when making recommendations. The commission shall also determine opportunities to receive Medicaid funds, to the extent they are available, for medical services provided to aging inmates.
Not later than November 3, 2014, the department of correction shall make available to the commission the following information: (A) the number of inmates over the age of 45 and the number of inmates over the age of 55 for each 6-month period over the past 5 fiscal years for which complete data is available; (B) the number of department of correction inmates receiving a skilled nursing facility level of care by month for the last 3 fiscal years for which complete data is available; (C) the number of inmates who have passed away from chronic or long-term medical issues while in custody for each of the last 5 fiscal years for which complete data is available; (D) the number of inmates who have spent a minimum of 15 consecutive days in the infirmary within each 6-month period during the last 3 fiscal years for which complete data is available; provided, that this data shall organize the information provided in 5-day increments beginning with the number of prisoners who meet the criteria who spent not fewer than 15 and not more than 19 consecutive days in the infirmary; (e) the cost of creating an assisted living facility to care for inmates of correctional institutions within a prison; and (f) the cost of contracting with a private facility for assisted living or long-term skilled nursing care to care for inmates of correctional institutions.
Not later than November 3, 2014, the department of public health shall make available to the commission the following information: (1) the number of bed days, by month, provided to department of correction inmates and the number of bed days, by month, provided to house of correction inmates for the last 3 fiscal years for which complete data is available; (2) the cost of increasing the number of wings at public health hospitals to provide inpatient medical care to inmates of correctional facilities; (3) the cost of creating a wing at a public health hospital facility to provide hospice care to inmates of correctional institutions; (4) the cost of creating a wing at a public health hospital facility to provide skilled nursing facility care to inmates of correctional institutions.
The department of public health and the department of correction shall provide any additional information requested by the commission within 15 days of the request.
The commission shall file a report of its study and any drafts of recommended legislation with the clerks of the senate and the house of representatives not later than March 1, 2015, which shall be forwarded to the house and senate chairs of the joint committee on public safety and homeland security, the chairs of the joint committee on health care financing and the house and senate chairs of the committees on ways and means.
Task force on the discontinuation of essential health services
SECTION 229.
There shall be a task force to investigate the causes of and the effects of the discontinuation of essential health services by hospitals and existing administrative procedures for the discontinuations under chapter 111 of the General Laws. The task force shall be composed of: the secretary of health and human services or a designee, who shall serve as chair, the commissioner of public health or a designee, the executive director of the center for health information and analysis or a designee, the attorney general or a designee, the secretary of labor and workforce development or a designee and the executive director of the health policy commission or a designee.
The task force shall: (i) review recent discontinuations of essential health services by hospitals; (ii) review recent hospital closures; (iii) review methods implemented in other states to discourage and to manage the discontinuation of essential health services by hospitals and hospital closures; and (iv) review methods implemented in other states to ensure continued access to essential health services by communities affected by a discontinuation of an essential health service or a hospital closure.
The task force shall provide recommendations on ways to: (1) improve the notification processes when a hospital intends to discontinue an essential health service or cease operations; (2) ensure that communities in the affected service area have access to alternative providers for discontinued essential health services; (3) ensure uniform reporting of hospital costs and financial conditions across state agencies to better identify hospitals in distress that are on the verge of closing or discontinuing an essential health service; and (4) impose penalties through the department of public health to hospitals who discontinue an essential health service prior to receiving approval by the department.
The task force shall file a report of its findings and recommendations for legislation, if any, with the clerks of the senate and house of representatives who shall forward the same to the house and senate chairs of the joint committee on health care financing, the house and senate chairs of the joint committee on public health and the chairs of the senate and house committees on ways and means not later than January 31, 2015.
Behavioral Health Task Force
SECTION 230.
There shall be a special task force convened to identify existing structural or policy-based impediments to delivering comprehensive and cost-effective behavioral and mental health treatment within the commonwealth's health care system. The task force shall consist of 14 members: 1 of whom shall be the executive director of the center for health information and analysis, who shall serve as chair; 1 of whom shall be the commissioner of mental health; 1 of whom shall be a representative of the Massachusetts Hospital Association; 1 of whom shall be a representative of the Massachusetts Association of Health Plans; 1 of whom shall be a representative of the Massachusetts Psychiatric Society; 1 of whom shall be a representative of the Massachusetts Psychological Association; 1 of whom shall be a representative of the Massachusetts Association of Registered Nurses; 1 of whom shall be a representative of the Massachusetts Nurses Association; 1 of whom shall be a representative of the Massachusetts Association of Behavioral Health Systems; 1 of whom shall be a representative of the Association for Behavioral Healthcare; 1 of whom shall be a representative of SEIU Local 509; 1 of whom shall be a representative of the Massachusetts College of Emergency Physicians; 1 of whom shall be a representative of the Statewide Primary Care Association serving on behalf of community health centers; and 1 of whom shall be a representative of the National Alliance on Mental Illness Massachusetts.
In its examination, the task force shall review how health care providers deliver behavioral health services, including but not limited to: (i) an analysis of existing state and health care provider policies for collecting and evaluating aggregate data regarding the numbers of patients treated for behavioral or mental health diagnoses, provided treatments and patient outcomes; (ii) a review of existing state and industry policies for collecting and evaluating aggregate data regarding the annual number of people hospitalized due to a behavioral or mental health related diagnosis, including emergency room visits and the associated costs for treatment; (iii) a review and analysis of existing state and industry policies regarding access to behavioral health services data and information, including recommendations to encourage increased coordination and improved access to relevant data among providers, hospitals and state agencies; and (iv) recommendations for necessary industry, regulatory or legislative changes in order to improve collection and access to behavioral health data among providers, regulators, hospitals and other stakeholders. The task force shall also develop recommendations to reduce the number of long-term patients in department of mental health continuing care facilities, acute psychiatric units and emergency departments including, but not limited to, increasing the capacity of specialized crisis stabilization units and requiring the department of mental health to implement policies that prioritize the readmission of patients who are discharged from continuing care facilities and subsequently require hospitalization within 30 days of their discharge.
The task force shall submit its report, findings, recommendations and any proposed legislation and regulatory changes to the health policy commission, the joint committee on mental health and substance abuse and the joint committee on health care financing not later than July 1, 2015.
Task force for reporting on mental health/substance abuse services
SECTION 231.
The secretary of the executive office of health and human services, in coordination with the center for health information and analysis and the division of insurance, shall convene and chair a special task force to implement new reporting mechanisms for the collection of information related to the provision of mental health or substance abuse services.
The special task force shall include the legislative chairs of the advisory committee convened pursuant to section 186 of chapter 139 of the acts of 2012, representatives of the insurance agency, patient advocates and behavioral healthcare providers, including hospitals operating emergency departments.
The task force shall consider the collection and coordination of current emergency department case mix reporting in the commonwealth and develop a statewide plan for the commonwealth to collect and centralize the following information: (i) the number of visits to each emergency department in the commonwealth per month; broken down by visit type: medical, mental health, substance abuse and combined medical, mental health or substance abuse; (ii) length of time between admission and evaluation by the attending emergency department physician; (iii) the type of insurance and carriers and the number of patients who are current or former clients of the department of mental health, the department of children and families or the department of developmental services; (iv) the number of required evaluations by an emergency service provider and, when applicable, the average length of time between the initial calls to the emergency service provider and the time the emergency service provider responded; (v) whether the patient's insurance type required a prior authorization request and, when applicable, the length of time between a submission of a prior authorization request to the patient's insurance plan and response time by the insurance plan; and (vi) the length of time between the admission decision and the departure time to post-emergency treatment.
The special task force shall file a report detailing its actions and any recommendations for statutory changes with the joint committee on mental health and substance abuse and the joint committee on health care financing by May 1, 2015.
Special commission on appropriate use of opiate medications
SECTION 232.
There shall be a special commission to study and establish recommendations to promote the safe and appropriate use of opiate medications by patients that may be employed by state agencies and the private sector companies who provide insurance coverage. The commission shall consist of: the secretary of administration and finance or a designee, who shall serve as chair; the commissioner of public health or a designee; the commissioner of insurance or a designee; the director of Medicaid or a designee; the executive director of the group insurance commission or a designee; and 3 members appointed by the governor, 1 of whom shall be a representative from The Massachusetts Hospital Association, Inc., 1 of whom shall be a representative from the Massachusetts Medical Society and 1 of whom shall be a representative from the Massachusetts Association of Health Plans, Inc. The commission shall examine best practices currently used in the public and private sector to ensure patient safety through prescription monitoring of opiates including, but not limited to, prior authorization requirements, restrictions on prescription refills, determination of excessive use, addiction assessments, the need for substance abuse treatment plans and data collection practices. The commission shall file its report and recommendations with the clerks of the senate and the house of representatives, the chairs of the joint committee on health care financing and the chairs of the house and senate committees on ways and means by January 15, 2015.
495/MetroWest suburban edge community commission
SECTION 233.
(a) There shall be a special commission to be known as the 495/MetroWest Suburban Edge Community Commission and to consist of 27 members: 3 members of the senate, 1 of whom shall be appointed by the minority leader; 3 members from the house of representatives, 1 of whom shall be appointed by the minority leader; the secretary of housing and economic development or a designee, who shall serve as chair; the secretary of transportation or a designee; the secretary of energy and environmental affairs or a designee; the executive director of the Massachusetts Development Finance Agency or a designee; the chair of the John Adams Innovation Institute or a designee; 1 member selected by the 495/MetroWest Corridor Partnership, Inc.; 1 member selected by the Metropolitan Area Planning Council; 1 member selected by the Massachusetts Municipal Association, Inc.; 1 member selected by the Massachusetts Association of Planning Directors; 1 member selected by NAIOP Massachusetts, Inc.; 1 member selected by Massachusetts Water Works Association Inc.; 1 member selected by the MetroWest Regional Transit Authority; and 9 persons to be appointed by the governor, 1 of whom shall be an academic focused on suburban development, 1 of whom shall be a real estate professional with experience working in edge communities, 1 of whom shall be a water resources expert with experience working in edge communities, 1 of whom shall be a transportation engineer with experience working in edge communities and 5 of whom shall be municipal officials who represent different municipalities served by the 495/MetroWest Corridor Partnership, Inc.
(b) The commission shall make an investigation and study relative to development challenges being experienced by edge communities, such as needs to address transportation, water, cellular, and energy infrastructure, transit services, residential development, reuse of former industrial facilities and historic mills, brownfields reclamation, downtown redevelopment and other such constraints. The commission shall develop policy responses and recommendations to ensure that edge communities can participate in state development initiatives and benefit from state resources. The commission shall focus its investigation and study on the 34 municipalities served by the 495/MetroWest Corridor Partnership, Inc. and develop a pilot program to address the issues to be studied and investigated by the commission. The commission shall choose certain municipalities served by the 495/MetroWest Corridor Partnership, Inc. to partake in the pilot program; provided, however, that the 5 municipalities represented by a municipal official chosen by the governor for appointment on the commission shall partake in the pilot program. For purposes of this section, "edge community" shall mean a municipality with a population of not more than 35,000 that is not adjacent to a gateway municipality, as that term is defined in section 3A of chapter 23A of the General Laws.
(c) The commission shall report to the clerks of the senate and the house of representatives and the joint committee on economic development and emerging technologies the results of its investigation and study and its recommendations, if any, by filing the same with the clerks of the senate and the house of representatives by December 31, 2015.
(d) All appointments to the commission shall be made within 90 days of the effective date of this act.
Sheltered Workshops Study
SECTION 234.
The department of developmental services shall submit a report by August 31, 2014 to the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means regarding the implementation of the Employment First Initiative. The report shall include, but not be limited to: (i) the total number of participants in sheltered workshop programs per provider and the full-time or part-time status of the participants; (ii) the total number of staff at sheltered workshops per provider, their job descriptions and the full-time or part-time status of the staff members; (iii) the total number of participants and staff in community-based day support programs, group-supported employment programs and individual-supported employment programs; and (iv) the total number of vehicles for transportation per provider for sheltered workshops and community-based day support programs.
The department shall issue a second report by July 31, 2015 and each subsequent year by July 31 to the joint committee on children, families and persons with disabilities and the house and senate committees on ways and means for the purpose of monitoring any transition from sheltered workshops to programs under the Employment First Initiative. The report shall include, but not be limited to: (A) the total number of participants in sheltered workshop, community-based day support, group-supported employment programs and individual-supported employment programs and the full-time or part-time status of the participants; (B) the total number of participants who have transitioned from sheltered workshop programs and the new programs that are currently serving the participants; (iii) the total number of participants in new job placements within the previous fiscal year; (iv) the total number of staff at sheltered workshops, community-based day support programs, group-supported employment programs and individual-supported employment programs; and (v) the development of performance measurement tools to collect data and assess the success of community-based day support programs, including direct input from participants of the programs and their families.
Commission on inventory tax
SECTION 235.
(a) Notwithstanding any general or special law to the contrary, there shall be a special commission to study and report on the inventory tax. The commission shall consist of: 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader of the house; 2 members of the senate, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader of the senate; 1 representative of the National Federation of Independent Business; 1 representative of the department of revenue; and 1 representative of the Massachusetts Municipal Association, Inc. The members of the commission may elect a member to serve as chair. The scope of the commission shall include, but not be limited to, studying the impact of the inventory tax on the state budget and municipal budgets, the budgetary cost of phasing out or eliminating the inventory tax, the financial and employment impacts on businesses in the commonwealth, a comprehensive review and evaluation of the inventory tax throughout the United States and the results of reforming, phasing out or eliminating the inventory tax throughout the United States. As used in this section, "inventory tax" shall refer collectively to: (i) both the tangible property measure and the net worth measure of the non-income portion of the corporate excise tax as levied by the department of revenue; and (ii) personal property tax as levied by municipalities in the commonwealth.
(b) The commission shall report the results of its investigation and study and its recommendations by filing the same with the clerks of the senate and the house of representatives, the department of revenue and the joint committee on revenue not later than 1 year after the first meeting of the commission is convened.
(c) The commission shall conduct its first meeting not later than 60 days after the effective date of this act.
Commission to study relative to public school library programs
SECTION 236.
There shall be a special commission to investigate and study public school library programs. The commission shall consist of: 2 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on education or a designee, who shall serve as co-chair, and 1 of whom shall be a member of the minority party appointed by the minority leader; 2 members of the senate, 1 of whom shall be the senate chair of the joint committee on education or a designee, who shall serve as co-chair, and 1 of whom shall be a member of the minority party appointed by the minority leader; the commissioner of elementary and secondary education or a designee; the president of the Massachusetts Association of School Superintendents, Inc. or a designee; the president of the Massachusetts Association of School Committees, Inc. or a designee; 2 executive board members of the Massachusetts School Library Association, Inc.; 2 members chosen by the American Federation of Teachers Massachusetts Professional Development Institute, a non-profit corporation; 1 member each from the Massachusetts Library Association, the Massachusetts Library System, Inc. and the board of library commissioners; and 3 persons to be appointed by the governor, 1 of whom shall be from the business community, 1 of whom shall be from a charter school and 1 of whom shall be chosen from a list of 2 members recommended by the Massachusetts Teachers Association. The co-chairs shall convene the organizational session of the commission not later than 60 days after the effective date of this act.
The special commission shall study the public school library programs in the commonwealth. In its investigation and study, the commission shall include, but not be limited to, determining: (i) how school library programs can be further developed to ensure that the programs reflect changing technology; (ii) how many schools in each district have a school library and a full-time or part-time credentialed school librarian; (iii) the ratio of students per credentialed school librarian; (iv) what other support staff work in the school library program; (v) the hours that school libraries are open each week for students and faculty use; (vi) how many hours each week school librarians provide direct library-related instruction to students; (vii) the number of available computers in school libraries; (viii) the size and age of the collection in each school library and the extent to which electronic and digital materials are available for student access; (ix) the extent to which electronic and digital materials are available for remote student access; and (x) current funding per student for school library materials and services.
The special commission may conduct public hearings to gather information, including the sponsorship of statewide or regional conferences involving educators, students and the public. The department of education may provide staff and other resources to the commission as the department considers appropriate. The special commission's report shall include long-range plans for public school library programs to ensure that the programs best serve the students. The plans may include guidelines for school library facilities, budget, staffing, collection development and curriculum standards for school library programs. The commission shall file its final report and recommendations, if any, and drafts of legislation necessary to implement the recommendations with the joint committee on education not later than December 31, 2014.
Review of the Financial Impact of the Failure of the Health Connector Website
SECTION 237.
Notwithstanding any general or special law to the contrary, the executive office of health and human services shall conduct a review of the financial impact of the failure of the health connector website following the implementation of the federal Patient Protection and Affordable Care Act, Public Law 111-148. The review shall include a cost analysis of state funds expended for temporary coverage, including funds that would have been reimbursed by the federal government had the health connector website been properly functioning. The executive office of health and human services shall provide a report of its findings to the joint committee on health care financing not later than July 31, 2014.
Distressed Hospital Trust Fund grant exception
SECTION 238.
Notwithstanding subsection (d) of section 2GGGG of chapter 29 of the General Laws, an acute care hospital that serves patients in a geographic area previously served by a qualified acute hospital that was a grantee under said section 2GGGG of said chapter 29 prior to its closure including, but not limited to, providing an essential service on the former premises of the grantee shall be a qualified acute hospital and may apply for grant funds in the competitive grant process established in said section 2GGGG of said chapter 29 and by the health policy commission in 958 CMR 5.00 and any requests for proposals issued thereunder; provided, however, that the acute care hospital shall only be eligible to receive grant funds during the time it is providing the essential services.
Special advisory commission on elected officials compensation
SECTION 239.
There shall be a special advisory commission regarding the compensation of public officials identified in Article LXIV of the Articles of Amendment to the Constitution. The commission shall consist of 7 members: (i) 1 of whom shall have experience in human resources and represent an organization of employers in the commonwealth, to be appointed by the state secretary; (ii) 1 of whom shall represent a school of business administration located in the commonwealth, to be appointed by the state auditor; (iii) 2 of whom shall represent a membership-based public advocacy organization with experience in matters relating to government accountability, transparency and public integrity; 1 of whom shall represent a Massachusetts-based public policy research organization; and 1 of whom shall represent a taxpayer advocacy organization in the commonwealth, all to be appointed by the governor; and (iv) 1 of whom shall be the secretary of administration and finance. The governor shall select 1 of the nonprofit or private sector appointees to serve as chair. The commission shall study compensation issues which shall include, but not be limited to: (A) a review of all forms of direct and indirect compensation of public officials identified in said Article LXIV, including base salaries, stipends, general expenses, per-diem allowances and any other form of compensation; (B) a state-by-state comparison of direct and indirect compensation of comparable public officials; (C) a comparison of direct and indirect compensation of public officials with similar employment in the private sector in the commonwealth; and (D) an analysis of the methods of calculating median family income for the purpose of Article CXVIII of the Articles of Amendment to the Constitution. The commission shall submit a report, including drafts of any recommendations for legislation, on or before September 30, 2014. The comptroller shall provide the commission with all records of compensation requested by the commission.
Ethanol transport licenses
SECTION 240.
(a) Notwithstanding any general or special law to the contrary, no license shall be issued pursuant to section 14 of chapter 91 of the General Laws permitting the development of rail lines or rail facilities for the transportation of ethanol to ethanol storage or blending facilities in the cities of Cambridge, Chelsea, Revere, Everett, Somerville, the East Boston section of the city of Boston or the Chelsea Creek designated port area until January 1, 2017.
(b) Notwithstanding any general or special law to the contrary, the status of licenses issued pursuant to said section 14 of said chapter 91 before the effective date of this section shall not be impacted by this section.
(c) Notwithstanding any general or special law to the contrary, the Massachusetts emergency management agency, or MEMA, shall develop a comprehensive plan for how state agencies shall prepare for and respond to incidents involving the transportation of ethanol by rail. Additionally, MEMA shall develop a comprehensive municipal planning guide and plan template that may be used by a municipality, through which ethanol is transported by rail, to develop a plan for how the municipality shall prepare for and respond to incidents involving the transportation of ethanol by rail. MEMA shall provide technical guidance to a municipality seeking assistance for the implementation of the municipal planning guide. The response plan shall be developed in consultation with the Massachusetts Department of Transportation, the department of fire services, the United States Department of Homeland Security, the Federal Railroad Administration, the United States Department of Transportation, the National Transportation Safety Board and 1 representative appointed jointly by the fire chiefs of the cities of Cambridge, Boston, Revere, Everett, Somerville and Chelsea. The response plan shall include, but not be limited to: (i) training related to ethanol and other flammable materials; (ii) identification of critical facilities along the potential ethanol transportation routes, which may include consequence modeling of incidents near the facilities; (iii) development of a regional foam response task force, including an inventory and analysis of the amount of alcohol-resistant foam needed to combat an ethanol-related accident and the vehicles and equipment needed to utilize the foam effectively; (iv) potential evacuation routes and procedures for when the public shall be advised to shelter in place; (v) methods to communicate with limited English language speakers in the event of an incident; and (vi) necessary improvements to the transportation, infrastructure and rail facilities to be utilized during ethanol transport.
By January 1, 2016, MEMA shall file the response plan with the joint committee on public safety and homeland security; provided, however, that an interim report on the status of the response plan and recommendations for an extension shall be filed by July 1, 2015. The response plan may also include legislative recommendations that MEMA considers appropriate. The response plan shall include a methodology under which an entity receiving ethanol by rail shall be assessed to provide funding for the development of the response plan and the training, equipment and other mitigation measures as recommended by the response plan. Impacted municipalities and agencies shall pursue federal grants as necessary in order to subsidize, to the extent feasible, the cost of the training and equipment recommended by the response plan. MEMA shall issue regulations to establish the means and methods by which it shall assess entities receiving ethanol by rail to fund the development of the response plan and the mitigation measures recommended by MEMA in the response plan.
Transfers between Health Funds
SECTION 241.
Notwithstanding any general or special law to the contrary, the executive office for administration and finance shall transfer $30,000,000 from the Commonwealth Care Trust Fund established in section 2OOO of chapter 29 of the General Laws to the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws. The executive office of health and human services and the health safety net office shall fund the hospital fiscal year 2015 payment amount to each hospital from the Health Safety Net Trust Fund. Payments may be made either as safety net care payments under the commonwealth's waiver pursuant to section 1115 of the federal Social Security Act or as an adjustment to Title XIX service rate payments or a combination of both. Other federally permissible funding mechanisms available for public service hospitals, as defined by regulations of the executive office of health and human services, may be used 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 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 authority, shall on a quarterly basis evaluate the revenue needs of the health safety net program funded by the Health Safety Net Trust Fund and subsidized health insurance programs funded by the Commonwealth Care Trust Fund and, if necessary, transfer monies between these funds to ensure that sufficient revenues are available to support projected program expenditures. The secretary of administration and finance shall report any transfers made between the Health Safety Net Trust Fund and the Commonwealth Care Trust Fund to the house and senate committees on ways and means and the joint committee on health care financing within 30 days of the proposed transfer.
Disposal of FY2014 consolidated net surplus
SECTION 242.
(a) Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds to the Commonwealth Stabilization Fund under 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 2014 as follows: (i) transfer 1/2 of the surplus, not to exceed $25,000,000, to the Massachusetts Life Sciences Investment Fund established in section 6 of chapter 23I of the General Laws; (ii) transfer 1/2 of the surplus, not to exceed $25,000,000, to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws; provided, however, that if the consolidated net surplus in the budgetary funds exceeds $50,000,000, the comptroller shall transfer the remaining amount, not to exceed $7,500,000, to the Social Innovation Financing Trust Fund established in section 35VV of chapter 10 of the General Laws.
Weekend service for Kingston and Plymouth lines
SECTION 243.
Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall ensure the operation of weekend service on the Kingston/Plymouth line on Saturdays and Sundays. The service shall be maintained to and from Kingston/Route 3 Station and South Station.
Weekend service for Needham lines
SECTION 244.
Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall ensure the operation of weekend service on the Needham line on Saturdays. The service shall be maintained to and from Needham Heights Station and South Station.
Weekend commuter rail feasibility - Kingston/Plymouth and Greenbush
SECTION 245.
The Massachusetts Bay Transportation Authority shall examine and report on the feasibility of restoring weekend commuter rail service on the Greenbush lines. The report shall include, but not be limited to: (i) the cost of restoring and providing service for the Greenbush lines; (ii) the levels of weekend ridership on such commuter lines before the weekend service was cancelled on such lines; (iii) a comparison of weekend ridership and cost of providing service on other commuter rail lines; and (iv) the ridership numbers that would be required to warrant restoration of the Greenbush lines. The Massachusetts Bay Transportation Authority shall file the report on or before November 30, 2014, with the clerks of the senate and the house of representatives and the joint committee on transportation.
Dissolution of special water infrastructure finance commission
SECTION 246.
Notwithstanding any general or special law to the contrary, the special water infrastructure finance commission established in section 145 of chapter 27 of the acts of 2009 shall be dissolved.
RGGI Auction Trust Fund payment
SECTION 247.
Notwithstanding any general or special law to the contrary, the department of energy resources shall expend an amount not to exceed $3,000,000 from the RGGI Auction Trust Fund established in section 35II of chapter 10 of the General Laws for a 1-time reimbursement to a municipality that has been negatively impacted by a reduction in property tax receipts from a dual coal and oil fired electric generating station due to a reduction in capacity factor occurring after July 1, 2012. The municipality shall be entitled to reimbursement of an amount by which the tax receipts, including payments in lieu of taxes or other compensation, paid by the affected property owner of the electric generating station in tax year 2014 is less than the amount of the tax receipts paid by the electric generating station in 2013. Before reimbursement to a municipality, the municipality and the affected property owner of the electric generating station shall negotiate in good faith payments in lieu of taxes or other compensation for subsequent years; provided, however, that, if the municipality and the affected property owner of the electric generating station have not negotiated in good faith payments in lieu of taxes and other compensation, the facility's tax liability shall be determined by an independent third-party assessor paid by the facility but selected jointly by the municipality and the affected property owner of the electric generating station or, if they are unable to arrive at a joint selection, by the department of revenue.
Study to amend guidelines of John and Abigail Adams Scholarship
SECTION 248.
The board of higher education shall conduct a study on the feasibility of amending the guidelines of the John and Abigail Adams Scholarship. The study shall include, but not be limited to: a recommendation related to amending the definition of award value to include mandatory fees in addition to tuition; a recommendation related to amending the definition of eligible student to include heightened academic requirements; and prepared estimates of the costs to the commonwealth to include mandatory fees in the award value with the estimates being based on various definitions of eligible student. The board shall submit its findings and recommendations to the joint committee on higher education and the house and senate committees on ways and means not later than December 15, 2014.
Elevator study commission
SECTION 249.
There shall be an elevator study commission to examine elevator safety, maintenance and inspections, including current regulations and practices industry-wide. The commission shall recommend reforms that are fair and reasonable to the consumer but increase efficiency of use of public resources while maintaining a high level of public safety. The examination shall not be limited to: practices in other states and jurisdictions; frequency of inspections; methods of inspection; licensing processes; costs and fees to maintain elevator safety; costs and fees to certify elevator safety; department fines; use of information technology; elevator inspector licensing; updating the elevator code; and elevator operator and elevator mechanic industry practices and fees.
The commission shall consist of: the secretary of public safety or a designee; the commissioner of public safety or a designee, who shall serve as chair; the chief of inspections of the board of elevator regulations; and 7 persons to be appointed by the governor, 1 of whom shall have expertise as an elevator mechanic, 1 of whom shall be a licensed elevator inspector, 1 of whom shall have expertise in the construction industry, 1 of whom shall represent labor, 1 of whom shall represent the commercial real estate industry, 1 whom shall represent the elevator manufacturing industry and 1 of whom shall be a representative from the National Elevator Industry, Inc.
The commission shall file its final report, including its recommendations and any drafts of legislation necessary to carry those recommendations into effect, by filing the same with the house and senate chairs of the joint committee on public safety and homeland security, the chairs of the house and senate committees on ways and means and the clerks of the senate and the house of representatives on or before January 1, 2015.
Prevention and Wellness Trust Fund evaluation
SECTION 250.
The Prevention and Wellness Advisory Board established in section 2H of chapter 111 of the General Laws shall evaluate the program authorized in section 2G of said chapter 111 and shall issue a report. The report shall include an analysis of all relevant data to determine the effectiveness and return on investment of the program including, but not limited to, an analysis of: (i) the extent to which the program impacted the prevalence of preventable health conditions; (ii) the extent to which the program reduced health care costs or the growth in health care cost trends; (iii) whether health care costs were reduced and who benefited from the reduction; (iv) the extent to which workplace-based wellness or health management programs were expanded and whether those programs improved employee health, productivity and recidivism; (v) if employee health and productivity were improved or employee recidivism was reduced, the estimated statewide financial benefit to employers; (vi) recommendations for whether the program should be discontinued, amended or expanded and a timetable for implementation of the recommendations; and (vii) recommendations for whether the funding mechanism for the fund should be extended beyond 2016 or whether an alternative funding mechanism should be established.
The department of public health shall contract with an outside organization that has expertise in the analysis of health care financing to assist the board in conducting its evaluation. The outside organization shall, to the extent possible, obtain and use actual health plan data from the all-payer claims database as administered by the center for health information and analysis; provided, however, that the data shall be confidential and shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 of the General Laws.
The board shall report the results of its evaluation and its recommendations, if any, and drafts of legislation necessary to carry out the recommendations to the house and senate committees on ways and means and the joint committee on public health and shall post the board's report on the website of the department of public health not later than January 31, 2017.
Franklin regional council retirement system membership transfer
SECTION 251.
(a) Notwithstanding any general or special law to the contrary, the accumulated deductions, including interest, computed as the actuarial assumed interest, credited as of July 1, 2014 to the annuity savings accounts of persons actively employed by the Franklin Regional Council of Governments who are active members of the Franklin regional retirement system and otherwise eligible for membership in the state employees' retirement system, shall be transferred to the state employees' retirement system. The public employee retirement administration commission shall certify to the state board of retirement that the amounts transferred under this section are accurate.
(b) Upon completion of the required documentation and acceptance by the state board of retirement under applicable laws and regulations, persons actively employed by the Franklin Regional Council of Governments who are active members of the Franklin regional retirement system shall become members of the state employees' retirement system as of July 1, 2014 and shall be subject to the rules and regulations of the state employees' retirement system.
The Franklin Regional Council of Governments and the Franklin regional retirement system shall transfer to the state board of retirement all records related to the employment of persons affected by this section related to their membership in the Franklin regional retirement system.
For any transferred employee under this section, determinations related to the membership, retirement benefits including, but not limited to, eligibility for benefits, creditable service amounts, accumulated retirement deductions and interest and group classifications shall be made solely by the state board of retirement.
(c) Under paragraph (c) of subdivision (8) of section 3 of chapter 32 of the General Laws, the Franklin regional retirement system shall reimburse the state employees' retirement system and any other retirement system governed by said chapter 32 for its pro rata share of the amount of any retirement allowance paid to employees transferred under this section that is attributable to their creditable service while employees of the Franklin Regional Council of Governments and members of the Franklin regional retirement system. This subsection shall have no effect on: (i) any other liability under said chapter 32 that the Franklin regional retirement system may have to the state employees' retirement system or any other applicable retirement system; or (ii) any liability related to former employees of the Franklin Regional Council of Governments.
This section shall apply to former employees of the Franklin Regional Council of Governments that are inactive members of the Franklin regional retirement system as of July 1, 2014 that return to active service with the Franklin regional council of governments on or after July 1, 2014 and become members of the state employees' retirement system; provided, however, that any such former employees shall be subject to the normal transfer procedures under applicable laws and regulations.
The Franklin regional retirement system shall reimburse the state employees' retirement system and any other retirement system governed by said chapter 32 for its pro rata share of the amount of any retirement allowance paid to the employees. The state employees' retirement system shall not be responsible under said paragraph (c) of said subdivision (8) of said section 3 of said chapter 32 or any other general or special law for the creditable service of former employees of the Franklin Regional Council of Governments who were members of the Franklin regional retirement system and are not actively employed by the Franklin Regional Council of Governments and not also members of the Franklin regional retirement system as of July 1, 2014.
(d) The state board of retirement shall not be responsible for any amount of retirement allowance, pension, disability allowance or other benefit under said chapter 32 for any employee, retiree, survivor or beneficiary of the Franklin Regional Council of Governments due or otherwise in effect by July 1, 2014 from the Franklin regional retirement system or for any portion of any unfunded liability that may exist for an employee, survivor or beneficiary of the Franklin Regional Council of Governments related to the Franklin regional retirement system. The state board of retirement shall not be responsible for benefits related to any disability retirement application that has been filed or may be pending with the Franklin regional retirement board or with the public employee retirement administration commission as of July 1, 2014 or for benefits related to any disability retirement applications that arise out of injuries that occurred prior to July 1, 2014.
The state board of retirement shall not be responsible for liability for any service accrued prior to July 1, 2014 by retirees of the Franklin Regional Council of Governments that are retirees of the Franklin regional retirement system as of July 1, 2014 that return to active service with the Franklin Regional Council of Governments on or after July 1, 2014 and become members of the state employees' retirement system with the intention of reinstatement as provided in section 105 of said chapter 32. Any repayment of a retirement allowance shall be made to the Franklin regional retirement system, which shall retain liability for service accrued by the reinstated member while a member of the Franklin regional retirement system and shall be subject to the normal transfer procedures under applicable laws and regulations.
Employees of the Franklin Regional Council of Governments shall be eligible for membership in the state employees' retirement system only if they meet the membership requirements of the state board of retirement. The Franklin Regional Council of Governments shall conform to the payroll reporting requirements of the state board of retirement.
MassHealth provider payment account operating transfer
SECTION 252.
The executive office of health and human services shall make an additional operating transfer of $52,000,000 under item 1595-1068 of section 2E to the MassHealth provider payment account in the Medical Assistance Trust Fund established in section 2QQQ of chapter 29 of the General Laws. The additional payment shall be made in a manner consistent with said item 1595-1068 of said section 2E and shall be subject to the availability of federal financial participation, shall be made only under 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.
Homemaker services to elderly - rates adjustments funding
SECTION 253.
Not less than $6,100,000 from the Community First Trust Fund established in section 35AAA of chapter 10 of the General Laws shall be expended to adjust the approved program rates issued under 101 CMR 417.03 to provide a rate add-on for wages, compensation or salary and associated employee-related costs to personnel providing homemaker and personal care homemaker services to elderly clients under items 9110-1500, 9110-1630 and 4000-0600 of section 2.
Home and Community-Based Services Policy Lab 2
SECTION 254.
The secretary of elder affairs shall submit the first annual report of the Home and Community-based Services Policy Lab Fund established under section 2MMMM of chapter 29 of the General Laws by September 30, 2015; provided, however, that, not later than September 15, 2014, the secretary of elder affairs shall also file with the house and senate committees on ways and means, the joint committee on elder affairs and the joint committee on health care financing its initial plan for the research and analytic activities to be supported by the fund.
Suspension of Tourism Formula
SECTION 255.
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 2015.
Local Aid Stabilization Fund deposit remittance to General Fund
SECTION 256.
For fiscal year 2015, the comptroller shall credit to the General Fund the funds remitted to the comptroller under clause (8) of subsection (a) of section 93 of chapter 194 of the acts of 2011.
Employment Status of Certain Parole Officers
SECTION 257.
Notwithstanding any general or special law to the contrary, any person currently employed by the parole board as a parole officer, whose appointment or promotion was made provisionally, who has served satisfactorily in the position for at least 6 months immediately before March 1, 2014 and who has passed a qualifying examination prescribed by the personnel administrator, shall be granted permanent civil service status in that position as of the date of the parole officer's appointment or promotion.
Pension Cost of Living Adjustment
SECTION 258.
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 in 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' retirement system and the state teachers' retirement system, 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' retirement system or state teachers' retirement system and also including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. 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 administration and finance with the house and senate committees on ways and means and the joint committee on public service in advance of the 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. If 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 in subdivision (8) of section 22 of said chapter 32 for the purpose of reducing the unfunded pension liability of the commonwealth.
Stabilization Fund Transfers
SECTION 259.
(a) Notwithstanding any general or special law to the contrary, the comptroller shall by June 30, 2015 transfer $140,000,000, to the General Fund from the Commonwealth Stabilization Fund; provided, however, that the comptroller shall transfer a lesser amount if the secretary of administration and finance so requests in writing. The comptroller, in consultation with the secretary, may take the overall cash flow needs of the commonwealth into consideration in determining the timing of any transfer of funds. The comptroller shall provide a schedule of transfers to the secretary and to the house and senate committees on ways and means.
(b) Notwithstanding any general or special law to the contrary, the comptroller, by June 30, 2015, shall transfer to the General Fund the interest earned from the Commonwealth Stabilization Fund during fiscal year 2015.
Net School Spending 1
SECTION 260.
(a) Notwithstanding any general or special law to the contrary, the commissioner of elementary and secondary education shall begin a 4-year phase-in of equal increments to include health care costs for retired teachers as part of net school spending for any district which accepts this section by a vote taken pursuant to section 4 and in which such costs were not considered part of net school spending in fiscal year 1994. For fiscal year 2016, 1/4 of the cost shall be included in calculating fulfillment of net school spending requirements; provided, however, that in districts currently in level IV or level V status under the commonwealth's accountability and assistance system, the commissioner may delay or limit the inclusion of the costs in calculating net school spending until their such district's status is lowered to level III or below, at which time the commissioner shall begin or resume a 4-year phase in of the remaining costs; provided further, that during the 4-year phase in period authorized under this section, the commissioner may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to noninclusion of health care costs for retired teachers if the commissioner approves a schedule submitted by the district to meet the requirements not later than at the end of the 4-year phase in period; and provided further, that the commissioner shall consider deficiencies in net school spending requirements in fiscal year 2015, if any, when approving such schedule.
(b) The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal years 2013 and 2014.
(c) The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal year 2015 if the district submits a schedule under this section and the commissioner approves the schedule.
(d) Notwithstanding any general or special law to the contrary, for the period beginning July 1, 2014 and ending June 1, 2015, this section may be accepted in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to charter of such town; in a town, by a vote of the board of selectmen; and in a regional school district, by a vote of the regional district school committee. The vote shall be by approval of all members of the district. Approval of each member shall be given in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to the charter of such town; in a town, by a vote of the board of selectmen.
(e) Any school district which accepts this section shall annually certify to the commissioner the treatment of retired teacher health insurance costs to ensure accurate counting of such costs toward required net school spending.
Tobacco Settlement/OPEB Transfer I
SECTION 261.
Notwithstanding any general or special law to the contrary, all payments received by the commonwealth in fiscal year 2015 under the master settlement agreement in Commonwealth of Massachusetts v. Philip Morris, Inc. et al., Middlesex Superior Court, No. 95-7378 shall be deposited into the General Fund.
Children with special needs programs price determinations
SECTION 262.
Notwithstanding any general or special law to the contrary, the bureau of purchased services in the operational services division shall determine prices for programs under chapter 71B of the General Laws in fiscal year 2015 by increasing the final fiscal year 2014 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief as defined in 808 CMR 1.06(4). The division shall accept applications for program reconstruction and special circumstances in fiscal year 2015. The division shall authorize the annual price for out-of-state purchasers requested by a program, not to exceed a maximum price determined by the bureau by identifying the most recent price calculated for the program and applying the estimated rate of inflation for each year, as determined by the bureau under section 22N of chapter 7 of the General Laws, in which the rate of inflation is frozen beginning with fiscal year 2004, in a compounded manner for each fiscal year.
Chapter 257 Report
SECTION 263.
The executive office of health and human services shall file a report with the executive office for administration and finance and the house and senate committees on ways and means not later than March 2, 2015 on the implementation of chapter 257 of the acts of 2008. The report shall include: (i) actual fiscal year 2013 and fiscal year 2014 spending and revenue for rates by line-item, revenue source, service class and start date of implementation; (ii) estimated fiscal year 2015 spending and revenue for new rates by line-item, revenue source, service class and projected start date of implementation; and (iii) estimated fiscal year 2015 spending and revenue for rates undergoing the review process by line-item, revenue source, service class and start date of implementation.
Tax amnesty program
SECTION 264.
(a) Notwithstanding any general or special law to the contrary, the commissioner of revenue shall establish a tax amnesty program during which all penalties that could be assessed by the commissioner shall be waived without the need for any showing by the taxpayer of reasonable cause or the absence of willful neglect for the failure of the taxpayer to: (i) timely file any proper return for any tax type and for any tax period; (ii) file proper returns which report the full amount of the taxpayer's liability for any tax type and for any tax period; (iii) timely pay any tax liability; or (iv) pay the proper amount of any required estimated payment toward a tax liability. The waiver of a taxpayer's liability under this section shall apply if the taxpayer files returns, makes payments as required by the commissioner or otherwise comes into compliance with the tax laws of the commonwealth pursuant to the tax amnesty program. The scope of the program, including the particular tax types and periods covered, including any limited look-back period for unfiled returns, shall be determined by the commissioner; provided, however, that the commissioner shall include, but not be limited to, the following tax types within the scope: sales and use taxes; sales tax on telecommunications services; meals taxes; meals tax local options; materialman sales taxes; withholding income; performer withholdings; pass-through entity withholdings; lottery annuity withholdings; room occupancy excises; room occupancy excise local options; convention center financing fees on room occupancy in the cities of Boston, Cambridge, Chicopee, Springfield and Worcester and the city known as the town of West Springfield; convention center financing surcharges for sightseeing tours; convention center financing surcharges on vehicle rentals in the city of Boston; convention center financing surcharges on parking in the cities of Boston, Springfield and Worcester; deeds excises, cigarette excises, cigars and smoking tobacco excises; club alcoholic beverages excises; gasoline excises; special fuels excises; special fuels excise local options; and boat and recreational vehicles sales taxes.
(b) The amnesty program shall be established for 2 consecutive months in fiscal year 2015 to be determined by the commissioner and all required payments shall be made by June 30, 2015 in order for the amnesty to apply. If a taxpayer fails to pay the full liability before June 30, 2015, the commissioner shall retain any payments made and shall apply those payments against the outstanding liability and the tax amnesty program shall not apply.
(c) (1) The commissioner's authority to waive penalties during the amnesty period shall not apply to any taxpayer who, before or during the period of the amnesty program selected by the commissioner, was or is the subject of a tax-related criminal investigation or prosecution or to any taxpayer who delivers or discloses or has delivered or disclosed any false or fraudulent application, document, return or other statement. The amnesty program shall not authorize the waiver of interest or any amount treated as interest. The commissioner may offer tax amnesty to those taxpayers who have either an unpaid self-assessed liability or who have been assessed a tax liability, whether before or after the filing of a return, which assessed liability remains unpaid.
(2) A taxpayer who delivers or discloses any false or fraudulent application, document, return or other statement to the department of revenue in connection with an amnesty application under this section shall be ineligible for amnesty and shall be subject to the greater of: (i) applicable penalties under chapter 62C of the General Laws; or (ii) a penalty not to exceed $10,000 which shall be calculated and assessed according to rules determined by the commissioner and may be subject to de minimis or other exceptions that the commissioner may consider appropriate. This penalty shall be subject to said chapter 62C and shall be added to and become part of the tax due.
(d) To the extent that a taxpayer within the scope of the amnesty program as determined by the commissioner and wishing to participate in the amnesty program has postponed the payment of an assessment of tax, interest and penalty under subsection (e) of section 32 of chapter 62C of the General Laws, the taxpayer shall waive in writing all rights under said subsection (e) of said section 32 of said chapter 62C to further delay the payment of the tax and interest portions of the assessment. The tax and interest portions of the assessment shall be payable in full from the date of the commissioner's notice of assessment. Upon payment by the taxpayer of the tax and interest of the outstanding assessment, the commissioner shall waive all penalties associated with that assessment. Thereafter, the taxpayer and the commissioner shall proceed with all administrative appeal rights that the taxpayer wishes to pursue with respect to the assessment.
(e) Amnesty shall not apply to those penalties which the commissioner would not have the sole authority to waive including, but not limited to, fuel taxes administered under the International Fuel Tax Agreement or under the local option portions of taxes or excises collected for the benefit of cities, towns or state governmental authorities.
(f) The commissioner shall maintain records of the amnesty provided under this section including, but not limited to: (i) the number of taxpayers provided with amnesty; (ii) the types of tax liability for which amnesty was provided and, for each type of liability, the amount of tax liability collected and the amount of penalties foregone by virtue of the amnesty program; and (iii) the total outstanding tax liability for amnesty-eligible taxpayers at the conclusion of the tax amnesty program after the collection of all funds under this section. The commissioner shall file a report detailing the information with the clerks of the senate and the house of representatives, the joint committee on revenue, the house and senate committees on ways and means and the house and senate minority leaders not later than September 1, 2015; provided, however, that the report shall not contain information sufficient to identify an individual taxpayer or the amnesty that an individual taxpayer was provided under this section.
(g) The commissioner shall establish administrative procedures and methods to prevent any taxpayer who utilizes the tax amnesty program from utilizing any future tax amnesty programs for the next consecutive 10 years, beginning in calendar year 2015.
(h) The department shall deposit the lesser of 1/2 or $5,000,000 of the amount collected under this section into the Substance Abuse Services Fund established in section 2I of chapter 111 of the General Laws.
Joseph R. Bianculli bridge dedication
SECTION 265.
Notwithstanding any general or special law to the contrary, a bridge located on state highway route 122A over the Blackstone River on Providence street in the town of Millbury shall be designated and known as the Joseph R. Bianculli bridge in honor of Joseph Bianculli's service and advocacy for veterans. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing that designation in compliance with the standards of the department.
Millbury Veterans Memorial Park
SECTION 266.
The parcel of state land at the intersection of Canal street and Providence street in the town of Millbury shall be designated and known as the Millbury Veterans Memorial Park. The department of conservation and recreation shall erect and maintain suitable markers bearing that designation in accordance with the standards of the department.
Roxbury Edward O. Gourdin Courthouse
SECTION 267.
The courthouse located at 85 Warren street in the city of Boston that houses the Roxbury division of the Boston municipal court department shall be designated and known as the Edward O. Gourdin Courthouse, in memory of the late honorable Edward Orval "Ned" Gourdin for his many contributions to the judiciary, his community and the commonwealth. The division of capital asset management and maintenance shall erect and maintain suitable markers bearing the designation in compliance with any applicable standards.
Official anti-bullying seal - Hanover
SECTION 268.
Notwithstanding section 37O of chapter 71 of the General Laws or any other general or special law to the contrary, the official anti-bullying seal for the school district of Hanover shall be the "Rise Above Bullying" seal as created by the Cedar Elementary School in the town of Hanover.
Leased property for department of conservation and recreation
SECTION 269.
(a) Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance may, on behalf of and in coordination with the department of conservation and recreation, enter into negotiations to execute a lease agreement with 1235-1237 VFW Parkway LLC, the owner of the property located at 1235-1237 VFW parkway in the West Roxbury section of the city of Boston. The property to be leased by the division consists of approximately 19,781 square feet or 0.45 acres and is currently used as a parking lot. The lease shall be on such terms and conditions as may be determined by the division, in consultation with the department and subject to the requirements of this section.
(b) The division, on behalf of the department, may lease the property from the lessor for an original term of not more than 5 years and may provide an option to extend the lease term for 1 consecutive term of 5 years. No additional renewals shall be executed without the approval of the general court. Consideration for the lease shall be for not more than fair market value, as determined by an independent appraisal, and shall require that the property only be used as a parking lot, under the care and control of the department, to be used for public parking and increased access to Havey beach, Riverdale park, Rivermoor park, Millennium park or other nearby properties maintained by the department.
(c) At least 21 days prior to the execution of the lease by the division, the commissioner of capital asset management and maintenance shall file a copy of the lease with the inspector general and the clerks of the senate and the house of representatives. The inspector general shall review the lease and file any comments and recommendations on the lease with the clerks of the senate and the house at least 10 days prior to the execution of the lease.
(d) The department shall have the right to renovate, repair or improve the property subject to this section. The lessor shall maintain any existing property or liability insurance in an amount and of a type sufficient to protect the commonwealth and its leasehold interest from any action arising from a claim against the property subject to the lease; provided, however, that the commissioner of capital asset management and maintenance and the commissioner of conservation and recreation shall review and approve the terms of the insurance.
Inventory of sexual assault evidence collection kits
SECTION 270.
(a) Notwithstanding any general or special law to the contrary, all state crime laboratories and facilities established pursuant to section 7 of chapter 22E of the General Laws and all local police departments shall undertake a physical inventory of sexual assault evidence collection kits in their possession by November 1, 2014. The director of the crime laboratory within the department of state police and the chief law enforcement officer of each city and town shall provide a written report to the secretary of public safety and security not later than December 1, 2014 indicating: (i) the number of sexual assault evidence collection kits in their possession containing forensic evidence, as defined by section 220 of chapter 111 of the General Laws, that have not undergone DNA analysis, as defined by section 1 of chapter 22E of the General Laws, as of September 1, 2014; and (ii) the month and year that each untested sexual assault evidence collection kit containing forensic evidence was received by the reporting laboratory or local police department.
(b) The secretary of public safety and security shall prepare and transmit a report to the clerks of the senate and the house of representatives containing the information reported under this section by January 1, 2015.
Feasibility of non-alphanumeric license plate symbols
SECTION 271.
There shall be a special task force to analyze the feasibility of a vehicle registration plate system that utilizes non-alphanumeric symbols as part of the registration identification for plates issued by the registrar of motor vehicles. The task force shall consist of: the registrar of motor vehicles, who shall serve as the chair; the colonel of state police or a designee; a representative of the Massachusetts Chiefs of Police Association Incorporated; a designee from The Molly Bish Foundation Incorporated; the secretary of administration and finance or a designee; the secretary of transportation or a designee; the secretary of public safety and security or a designee; a representative of the State Police Association of Massachusetts; and a member of a labor organization representing police officers designated by the governor. The task force shall seek input from the United States Department of Transportation, the United States Department of Justice, United States Immigration and Customs Enforcement and the United States Department of Homeland Security.
The task force shall study the feasibility of such a system, its cost, the time frame for implementation, impact on federal, state and local law enforcement and between states and the tools and equipment necessary to produce enhanced recognition and identification registration plates. The study shall assess: (i) human factors involved in the mental recognition of vehicle license plates, including human reaction to numbers, letters, characters and symbols and the ability to cognitively process them; provided, however, that the task force shall rely upon scientific studies that analyze and assess such human reaction and such ability as applied to not fewer than 15 non-alpha-numeric symbols as appearing on license plates traveling on public and non-public ways; provided further, that such scientific studies have been peer reviewed; and provided further, that the task force shall consult with relevant research or clinical scientists and medical professionals in the field of cognitive psychology and perception to verify the accuracy of the information it reviews; (ii) transportation-based factors including, but not limited to, the impact on toll revenues; (iii) interfaces with motor vehicle databases in other states including, without limitation, any licensing and registration system used by the registry of motor vehicles; and (iv) criminal information system accessibility.
The task force may conduct 1 or more public hearings to inform the public of its activities. The report of the task force shall be filed with the clerks of the senate and the house of representatives not later than December 31, 2014.
Special commission on aphasia
SECTION 272.
There is hereby established a special commission on aphasia which shall consist of: the secretary of the executive office of health and human services or a designee, who shall serve as chair; 1 of whom shall be the commissioner of public health, or a designee; 1 of whom shall be the commissioner of insurance, or a designee; 3 members appointed by the senate president, 1 of whom shall be the senate chairman of the joint committee on public health, or a designee, 1 of whom shall be a person with aphasia and 1 of whom provides services to persons with aphasia; 3 members appointed by the speaker of the house of representatives, 1 of whom shall be the house chairman of the joint committee on public health, or a designee, 1 of whom shall be a person with aphasia and 1 of whom provides services to persons with aphasia; and 4 members appointed by the governor, 1 of whom shall be a person with aphasia, 1 of whom provides services to persons with aphasia, and 2 members of the public with demonstrated expertise in issues relating to the work of the commission. The commission shall study and make recommendations regarding the need for support programs to meet the needs of persons with aphasia and their families, and which shall include, but not be limited to: (1) establishing a mechanism in order to ascertain the prevalence of aphasia in Massachusetts, and the unmet needs of persons with aphasia and those of their families; (2) studying model aphasia support programs, such as the Aphasia Center at Massachusetts General Hospital's Institute of Health Professions Department of Communication Sciences and Disorders and the Aphasia Resource Center at Boston University College of Health & Rehabilitation Sciences: Sargent College; and (3) providing recommendations for additional legislation, support programs and resources necessary to meet the unmet needs of persons with aphasia and their families.
The commission shall organize within 120 days following the appointment of a majority of its members. Vacancies in the membership of the commission shall be filled in the same manner provided for the original appointments. Public members shall serve without compensation, but shall be reimbursed for necessary travel expenses incurred in the performance of their duties. The executive office of health and human services may provide staff support to the commission.
The commission 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 clerk of the senate and the clerk of the house of representatives on or before December 31, 2014.
Ventless lobster trap survey program funding
SECTION 273.
The division of marine fisheries shall implement a new fee schedule in fiscal year 2015 for invertebrate species to fund the ventless lobster trap survey program.
ACA compliance - breast pumps
SECTION 274.
Effective July 1, 2014, MassHealth and any commercial insurer that insures MassHealth subscribers shall provide double electric breast pumps to expectant and new mothers as specifically prescribed by their attending physician, consistent with the Patient Protection and Affordable Care Act of 2010, Public Law 111-148.
Long-term care facilities notice of intent to sell or close
SECTION 275.
The department of public health shall amend the licensure procedure and suitability requirements for long-term care facilities to implement a hearing process that would precede approval of and allow for public input on any application for a license, notice of intent for transfer of ownership or notice of intent to sell or close any skilled nursing facility whether for profit or nonprofit.
Cranberry production designated land
SECTION 276.
Notwithstanding the minimum gross sales required under section 3 of chapter 61A of the General Laws, land not less than 5 acres shall be considered actively devoted to cranberry production during calendar years 2014, 2015, 2016 and 2017 if the use of the land for cranberry production is demonstrated by documenting normal maintenance or improvement practices conducted during that growing season. This section shall only apply to land classified under said chapter 61A in fiscal year 2014.
Soil delivery pre-approval
SECTION 277.
Not later than June 30, 2015, the department of environmental protection shall establish regulations, guidelines, standards or procedures for determining the suitability of soil used as fill material for the reclamation of quarries, sand pits and gravel pits. The regulations, standards or procedures shall ensure the reuse of soil poses no significant risk of harm to health, safety, public welfare or the environment considering the transport, filling operations and the foreseeable future use of the filled land. The department may adopt, amend or repeal regulations establishing: (i) classes or categories of fill or reclamation activities requiring prior issuance of a permit issued by the department; (ii) classes or categories of fill or reclamation activities that may be carried out without prior issuance of a permit issued by the department; and (iii) classes or categories of fill that shall require local approval based on the size, scope and location of a project; provided, however, that local approval shall not be required for projects involving less than 100,000 cubic yards of soil.
Veto Explanation:
I am vetoing this section because it imposes unnecessary regulatory burdens on businesses operating in the Commonwealth.
Foundation budget review commission report and membership
SECTION 278.
(a) The foundation budget review commission established in section 4 of chapter 70 of the General Laws shall file its report on or before June 30, 2015. A copy of the report and recommendations shall be made publicly available on the website of the department of elementary and secondary education and submitted to the joint committee on education.
(b) In addition to the membership listed in section 4 of chapter 70 of the General Laws and for the purposes of this review, there shall be 1 advisory nonvoting member of the foundation budget review commission from each the following organizations: the League of Women Voters of Massachusetts, the Massachusetts Budget and Policy Center, the Massachusetts Business Roundtable, the Massachusetts Parent Teacher Association, the Massachusetts Taxpayers Foundation, Stand for Children and Strategies for Children. Advisory members shall be informed in advance of any public hearings or meetings scheduled by the commission and may be provided with written or electronic materials deemed appropriate by the commission's co-chairs. Before finalizing its recommendations, the foundation budget commission established in said section 4 of said chapter 70 shall solicit input from advisory members who may offer comments or further recommendations for the commission's consideration.
Massachusetts Office of Information Technology IV
SECTION 279.
Notwithstanding any general or special law to the contrary, the commonwealth health insurance connector established under chapter 176Q of the General Laws shall be considered a state agency under chapter 7D of the General Laws.
ANF Contract with MBTA
SECTION 280.
The secretary of administration and finance shall enter into a contract under section 18 of chapter 161A of the General Laws with the Massachusetts Bay Transportation Authority as soon as practicable. The contract shall begin with equal monthly payments by the commonwealth to the Massachusetts Bay Transportation Authority not later than July 31, 2014.
Nursing home psychotropic medication informed consent II
SECTION 281.
The department of public health shall adopt regulations to implement section 72BB of chapter 111 of the General Laws prior to January 1, 2015.
Effective dates - Sober Homes I
SECTION 282.
The bureau of substance abuse services shall promulgate regulations as necessary to implement section 18A of chapter 17 of the General Laws not later than January 1, 2015.
Effective Dates
SECTION 283.
The authority of the commissioner of public safety or a designee under the fourth sentence of the second paragraph of section 65 of chapter 143 of the General Laws to waive all, or a portion of, the $100 per day fine assessed against the owner or operator of an elevator operating without a valid certificate shall apply to all fines assessed or any appeal of a fine filed on or after January 1, 2013.
Effective date - water supply protection
SECTION 284.
Section 26 shall take effect as of January 15, 2013 and the board of trustees of the Water Supply Protection Trust established in section 75 of chapter 10 of the General Laws may continue to serve on the board of trustees established in said section 75 of said chapter 10.
Effective Dates
SECTION 285.
Sections 16 and 17 and subsection (a) of section 260 shall take effect on July 1, 2015.
Effective dates
SECTION 286.
Sections 36, 131, 140, 160 and 162 to 165, inclusive shall take effect on January 1, 2015.
Effective dates
SECTION 287.
Section 37 shall take effect on January 1, 2015; provided, however, that subsection (h) of section 18A of chapter 17 of the General Laws shall take effect on June 1, 2015.
Effective Dates - sober homes III
SECTION 288.
Sections 38, 141, 147, 156 to 159, inclusive, and 179 shall take effect on June 1, 2015.
Effective dates - One-Time Settlements and Judgments
SECTION 289.
Section 47 shall take effect as of January 1, 2014.
Effective dates - assessment for Deeds Excise Fund
SECTION 290.
Section 120 shall take effect on July 1, 2024.
Effective date
SECTION 291.
Except as otherwise provided, this act shall take effect on July 1, 2014.