Outside Sections


Outside Sections    (view all)      (view all - with summaries)      (view all - summaries only)

 

SECTION 4 - Collection of Sex Offender Registration Fee

Summary:
This section requires the Sex Offender Registry Board to notify the Department of Revenue (DOR) and the Registry of Motor Vehicles (RMV) when a sex offender fails to pay the annual registration fee and further requires DOR to intercept refunds and RMV to refuse to issue or renew licenses or registrations until the fee is paid.


 

SECTION 5 - EOHHS Commissioner Terms

Summary:
This section aligns the terms of all Commissioners appointed by the Secretary of the Executive Office of Health and Human Services.


 

SECTION 6 - MassHealth Drug Pricing 1

Summary:
This section gives the Health Policy Commission the authority to hold public hearings and to require drug manufacturers to disclose information and documents related to the pricing of high-cost prescription drugs. It would also allow the Commission to impose appropriate sanctions for noncompliance.


 

SECTION 7 - DALA Appeal Fees

Summary:
This section enables the Division of Administrative Law Appeals to set a schedule of fees for appeals, with the exception of retirement board appeals, veterans' appeals and special education appeals. The schedule may include a waiver for financial hardship, and would be approved by the Secretary of Administration and Finance.


 

SECTION 8 - Supplier Diversity Definitions 1

Summary:
This section removes from the Supplier Diversity Office's section of the General Laws the definition of a "Disadvantaged Business Enterprise," for which certification is now provided by MassDOT.


 

SECTION 9 - Supplier Diversity Definitions 2

Summary:
This section removes from the Supplier Diversity Office's section of the General Laws the definition of the "Unified Certification Program," which is now administered by MassDOT.


 

SECTION 10 - Transfer of Unified Certification Program Trust Fund

Summary:
This section removes from the Supplier Diversity Office's section of the General Laws the requirement that the Supplier Diversity Office administer the Unified Certification Program, which is now administered by MassDOT.


 

SECTION 11 - State Leasing 1

Summary:
This section, together with the subsequent section, provides the Division of Capital Asset Management and Maintenance (DCAMM) with one additional option to renew a state lease for five years, which if exercised would result in a maximum lease term of twenty years.


 

SECTION 12 - State Leasing 2

Summary:
This section, together with the preceding section, provides DCAMM with one additional option to renew a state lease for five years, which if exercised would result in a maximum lease term of twenty years.


 

SECTION 13 - Excise on Vapor Products and E-cigarettes 1

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 14 - Excise on Vapor Products and E-cigarettes 2

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 15 - Chapter 10 Funds

Summary:
This section establishes a Public School Regionalization Fund and a Public School Turnaround Fund as part of the Governor's School Finance Reform proposal. The section also establishes a trust fund for the Childhood Lead Poisoning Prevention Program.


 

SECTION 16 - Excise on Vapor Products and E-cigarettes 3

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 17 - HR Consolidation 1

Summary:
This section, with HR Consolidation 2, enables the Executive Office of Energy and Environmental Affairs to provide centralized information technology, HR and payroll services to the agencies within EEA.


 

SECTION 18 - RGGI I

Summary:
This section amends the statute governing MA's participation in the Regional Greenhouse Gas Initiative ("RGGI") program to expand the purposes for which RGGI revenues can be spent, to include "greenhouse gas mitigation and climate change adaptation."


 

SECTION 19 - Gaming Revenue 1

Summary:
This section alters the current statutory framework for Category 1 gaming revenue in order to dedicate 15% of Category 1 gaming revenue to the Commonwealth Transportation Fund as opposed to the Transportation Infrastructure and Development Fund that currently exists in the gaming statute.


 

SECTION 20 - RGGI II

Summary:
This section eliminates an existing restriction regarding the allocation of RGGI Trust Fund revenues in order to maximize their use on programs to further greenhouse gas mitigation and climate change adaptation.


 

SECTION 21 - Authorization to Insure Commonwealth Property

Summary:
This section creates a limited exception to the blanket prohibition in state finance law that "no officer or board shall insure property of the commonwealth without special authority of law." This exception would allow A&F, in consultation with MEMA, to approve a state agency request to procure insurance on damaged property if the costs are eligible under a presidential disaster declaration, and if not having insurance would preclude federal reimbursement.


 

SECTION 22 - Sick Leave Buyback 1

Summary:
This section along with three others limits the accrual of unused sick time to 1,000 hours for executive branch and public higher education employees. It also freezes the accrual of sick time for any employee who has already accrued more than 1,000 hours.


 

SECTION 23 - GIC Balance Billing Protections

Summary:
This section expands the balance billing protections currently available to members of Group Insurance Commission indemnity plans to all of the plans offered through the Group Insurance Commission. This change would prevent providers from billing GIC members the balance of costs for which they are not reimbursed by the health plan.


 

SECTION 24 - Excise on Vapor Products and E-cigarettes 4

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products. This section requires retailers of vapor products to file a return on the same days as a cigar retailer.


 

SECTION 25 - Sales Tax Modernization 1

Summary:
This section allows the Department of Revenue to require that vendors file returns for the sales and use tax, the local option meals excise, and the room occupancy tax within 30 days after the relevant filing period.


 

SECTION 26 - Sales Tax Modernization 2

Summary:
This section permits the Commissioner of Revenue to require vendors to remit an initial payment of the sales and use tax, the local option meals excise, and room occupancy tax, but exempts vendors who collected $100,000 or less of those taxes in the previous year from such a requirement.


 

SECTION 27 - Sales Tax Integrity

Summary:
This section imposes civil penalties on those who sell or install "zapper" software, which is software that falsifies the electronic records of electronic cash registers and other point-of-sale systems.


 

SECTION 28 - Excise on Vapor Products and E-cigarettes 5

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 29 - Excise on Vapor Products and E-cigarettes 6

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 30 - Gross Receipts Tax on Opioid Manufacturers 1

Summary:
These sections impose a gross receipts tax of 15% on the revenues of opioid manufacturers from the sale of their opioid products. Revenues associated with drugs used for medication assisted treatment and those used in inpatient settings are exempted from the tax.


 

SECTION 31 - Excise on Vapor Products and E-cigarettes 7

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 32 - Smokeless Tobacco Stamping

Summary:
This section requires the Department of Revenue to issue regulations for the stamping of smokeless tobacco.


 

SECTION 33 - Excise on Vapor Products and E-cigarettes 8

Summary:
This section extends the current 40% excise imposed on cigars and smoking tobacco to vapor products, and applies the current regulatory regime for other tobacco products to vapor products.


 

SECTION 34 - Sales Tax Treatment of Marketplace Vendors 1

Summary:
These sections require online marketplace facilitators to collect and remit Massachusetts sales and use tax on behalf of vendors who sell their goods on the marketplace, provided the marketplace's sales to the Commonwealth exceed a threshold set by the Commissioner of the Department of Revenue. These sections also subject remote sellers to the registration, collection, and remittance requirements of the sales and use tax if the remote seller's sales to the Commonwealth exceed a threshold set by the Commissioner.


 

SECTION 35 - Excise on Vapor Products and E-cigarettes 9

Summary:
These sections apply the current regulatory regime for other tobacco products to vapor products.


 

SECTION 36 - Sales Tax Treatment of Marketplace Vendors 2

Summary:
These sections require online marketplace facilitators to collect and remit Massachusetts sales and use tax on behalf of vendors who sell their goods on the marketplace, provided the marketplace's sales to the Commonwealth exceed a threshold set by the Commissioner of the Department of Revenue. These sections also subject remote sellers to the registration, collection, and remittance requirements of the sales and use tax if the remote seller's sales to the Commonwealth exceed a threshold set by the Commissioner.


 

SECTION 37 - Sales Tax Treatment of Marketplace Vendors 3

Summary:
These sections require online marketplace facilitators to collect and remit Massachusetts sales and use tax on behalf of vendors who sell their goods on the marketplace, provided the marketplace's sales to the Commonwealth exceed a threshold set by the Commissioner of the Department of Revenue. These sections also subject remote sellers to the registration, collection, and remittance requirements of the sales and use tax if the remote seller's sales to the Commonwealth exceed a threshold set by the Commissioner.


 

SECTION 38 - Sales Tax Treatment of Marketplace Vendors 4

Summary:
These sections require online marketplace facilitators to collect and remit Massachusetts sales and use tax on behalf of vendors who sell their goods on the marketplace, provided the marketplace's sales to the Commonwealth exceed a threshold set by the Commissioner of the Department of Revenue. These sections also subject remote sellers to the registration, collection, and remittance requirements of the sales and use tax if the remote seller's sales to the Commonwealth exceed a threshold set by the Commissioner.


 

SECTION 39 - Sales Tax Treatment of Marketplace Vendors 5

Summary:
These sections require online marketplace facilitators to collect and remit Massachusetts sales and use tax on behalf of vendors who sell their goods on the marketplace, provided the marketplace's sales to the Commonwealth exceed a threshold set by the Commissioner of the Department of Revenue. These sections also subject remote sellers to the registration, collection, and remittance requirements of the sales and use tax if the remote seller's sales to the Commonwealth exceed a threshold set by the Commissioner.


 

SECTION 40 - Excise on Vapor Products and E-cigarettes 10

Summary:
This section imposes a 13.75% retail tax on electronic cigarettes.


 

SECTION 41 - Civil Motor Vehicle Citations 1

Summary:
This section and the subsequent section will facilitate the refund of the court filing fee that is paid when a motorist contests responsibility for a civil motor vehicle infraction, if the motorist is ultimately found not responsible after a clerk magistrate's hearing.


 

SECTION 42 - Civil Motor Vehicle Citations 2

Summary:
This section and the previous section will facilitate the refund of the court filing fee that is paid when a motorist contests responsibility for a civil motor vehicle infraction, if the motorist is ultimately found not responsible after a clerk magistrate's hearing.


 

SECTION 43 - Laboratory Analysis of Cocaine

Summary:
Current law defines cocaine as coming from a plant, requiring the State Police lab to conduct a separate test to confirm that each sample of cocaine it analyzes is not synthetically produced. This section brings our statutory definition of cocaine in line with that of the majority of states, eliminating the need for that separate test and realizing associated cost, time and resource savings at the lab.


 

SECTION 44 - Sheriff Forfeiture Trust Funds

Summary:
This section would add sheriffs to the current statutory structure that allows the Attorney General and district attorneys to establish forfeiture accounts.


 

SECTION 45 - Voluntary Contributions to the Vaccine Purchase Trust Fund

Summary:
This section amends the Vaccine Purchase Trust Fund, administered by the Department of Public Health, so as to allow voluntary contributions to the trust fund from third party payers and third party administrators.


 

SECTION 46 - Senior Care Options Enrollment

Summary:
This section enables Senior Care Option members to enroll on the first day of the month in which they turn 65.


 

SECTION 47 - Senior Care Options Disenrollment

Summary:
This section aligns disenrollment from a MassHealth Senior Care Option plan with recently promulgated revisions to the federal Medicare Advantage regulations.


 

SECTION 48 - MassHealth Drug Pricing 2

Summary:
This section allows MassHealth to negotiate supplemental rebate agreements directly with drug manufacturers, including value-based agreements, regardless of state procurement rules. It also provides MassHealth additional tools to encourage manufacturers to engage in good faith negotiations for supplemental rebate agreements, including a public process to determine the value of a drug and referral to the Health Policy Commission to determine if the manufacturer has priced the drug excessively.


 

SECTION 49 - Expanded Medicare Saving Programs 1

Summary:
This section expands eligibility for Medicare buy-in programs, which allow certain qualifying individuals to buy into Medicare even if they would not otherwise qualify.


 

SECTION 50 - Nursing Facility Assessment 1

Summary:
This section adds the definition of Licensee, as defined by the Department of Public Health in regulation, to the nursing facility assessment statute.


 

SECTION 51 - Nursing Facility Assessment 2

Summary:
This section allows the Department of Public Health to enforce compliance with the nursing facility assessment by imposing a freeze on new admissions to a facility rather than revocation of licensure. This section also allows the Executive Office of Health and Human Services to enforce compliance with the assessment by means similar to those available to enforce compliance with other provider assessments.


 

SECTION 52 - Sunday Hunting

Summary:
This section would authorize the Director of Fish and Game, with the approval of the fisheries and wildlife board, to allow the hunting of deer by bow and arrow on Sundays.


 

SECTION 53 - CPCS Hour Caps

Summary:
This section repeals the existing "intermediate" cap that precludes private counsel from accepting new cases once they have reached an intermediate limit of 1,350 hours. In addition, it expands the authority of the Chief Counsel of CPCS to waive the billable hours caps for overall billing (currently, that cap is 1,650 hours) from only child and family law cases and care and protection cases to all sorts of cases in all courts. The overall hours cap after a waiver would be 2,000 hours instead of the current 1,800 hours.


 

SECTION 54 - TAFDC Reforms 1

Summary:
This section eliminates the "family cap", which currently provides that a Transitional Aid to Families with Dependent Children ("TAFDC") grant is not increased if a child is born or conceived while the family receives such public assistance. It would also allow an applicant for TAFDC to disregard the value of a single vehicle for the purposes of the applicant's eligibility determination. Finally, it would require that the Social Security Income of adults be counted for purposes of determining eligibility for TAFDC, consistent with the treatment of other income like Veterans' income or Retirement, Survivors, and Disability Insurance income.


 

SECTION 55 - TAFDC Reforms 2

Summary:
This section, in conformity with the preceding section, eliminates references to the "child of record."


 

SECTION 56 - Gaming Revenue 2

Summary:
This section repeals a provision of the 2011 Expanded Gaming Act that requires, beginning in fiscal year 2020, the transfer of a portion of gaming revenue from the Gaming Local Aid Fund to the Local Aid Stabilization Fund through a formula that continues to increase the amount in subsequent fiscal years.


 

SECTION 57 - Trial Court Transferability

Summary:
This section authorizes the trial court to transfer appropriations within its divisions, as long as such transfers are executed by April 30, 2020. It would also limit transfers from the appropriations for probation and community corrections to 5% of those appropriations. The section requires ten days advance notice to the House and Senate Committees on Ways and Means before a transfer under this section can be executed.


 

SECTION 58 - Deleading in Schools

Summary:
This section enables the funds transferred to the Water Pollution Abatement Revolving Fund as a result of the Sales Tax Modernization initiative to be used for school deleading.


 

SECTION 59 - FY 2019 Consolidated Net Surplus

Summary:
This section requires a transfer of up to $10 million from any consolidated net surplus in fiscal year 2019 to the Community Preservation Trust Fund, and up to $10 million to the Massachusetts Life Sciences Center, before the remaining funds are deposited into the Stabilization Fund.


 

SECTION 60 - FY 2020 Stabilization Fund Deposit

Summary:
This section describes the anticipated effect of transfers to the Stabilization Fund under Section 5G of Chapter 29 of the General Laws and that the other transfers required in that section (5% of the total transfer to OPEB, 5% of the total transfer to pension liability) will then be made from that transfer. It also describes the anticipated impact of the transfers and events that are anticipated in this legislation.


 

SECTION 61 - Gaming Revenue 3

Summary:
This section transfers an outstanding balance from the Local Aid Stabilization Fund established in the 2011 Expanded Gaming Act to the Gaming Local Aid Fund.


 

SECTION 62 - Investing in Education Trust Fund

Summary:
This section creates the trust fund structure to invest the one-time proceeds of the Sales Tax Modernization initiative to higher education scholarships, school deleading, school safety, public school improvement and the stabilization funds.


 

SECTION 63 - Other Post-Employment Benefits Liability

Summary:
This section authorizes the use of debt service reversions to pay for OPEB funding. If debt service reversions are insufficient to cover the required funding, tobacco settlement proceeds would be used to make up that deficiency.


 

SECTION 64 - Pension Cost of Living Adjustment

Summary:
This annual section explains how the Commonwealth is fulfilling its various obligations to the state retirement system, including the obligation to fund a 3% cost-of-living adjustment on the first $13,000 of a retiree's annual retirement allowance.


 

SECTION 65 - Sick Leave Buyback 2

Summary:
This section along with three others limits the accrual of unused sick time to 1,000 hours for executive branch and public higher education employees. It also freezes the accrual of sick time for any employee who has already accrued more than 1,000 hours.


 

SECTION 66 - Sick Leave Buyback 3

Summary:
This section along with three others limits the accrual of unused sick time to 1,000 hours for executive branch and public higher education employees. It also freezes the accrual of sick time for any employee who has already accrued more than 1,000 hours.


 

SECTION 67 - Sick Leave Buyback 4

Summary:
This section along with three others limits the accrual of unused sick time to 1,000 hours for executive branch and public higher education employees. It also freezes the accrual of sick time for any employee who has already accrued more than 1,000 hours.


 

SECTION 68 - Gross Receipts Tax on Opioid Manufacturers 2

Summary:
This section describes how the gross receipts tax on opioid manufacturers will be implemented during the first six months of fiscal year 2020.


 

SECTION 69 - Sales Tax Registration for Remote Sellers

Summary:
This section authorizes the Department of Revenue to create a registration program for remote seller vendors who had less than $500,000 in Massachusetts sales in the previous twelve months, but who nevertheless have a physical presence in the state by virtue of their inventory being held within Massachusetts.


 

SECTION 70 - Sales Tax Treatment of Marketplace Vendors 6

Summary:
This section provides that the Sales Tax Treatment of Marketplace Vendors sections do not override pre-existing law or affect tax liability that accrued prior to the effective date of the act.


 

SECTION 71 - HR Consolidation 2

Summary:
This section, with HR Consolidation 1, enables the Executive Office of Energy and Environmental Affairs to provide centralized information technology, HR and payroll services to the agencies within EEA.


 

SECTION 72 - Expanded Medicare Saving Programs 2

Summary:
This section authorizes the transfer of funds from Health Safety Net Trust Fund and Prescription Advantage programs to fund the expanded Medicare Savings Program.


 

SECTION 73 - Health Safety Net Administration

Summary:
This section allows Health Safety Net payments to be made as 1115 waiver or state plan payments, and authorizes up to $70 million of uncompensated care to be paid from sources other than the Health Safety Net Trust Fund.


 

SECTION 74 - Initial Gross Payments to Qualifying Acute Care Hospitals

Summary:
This annual section requires the Comptroller to transfer sufficient money from the General Fund to the Health Safety Net Trust Fund to make the required initial gross payment to qualifying hospitals. It requires the Health Safety Net Trust Fund to repay the General Fund before the end of fiscal year 2020.


 

SECTION 75 - Inspector General's Health Care Audits

Summary:
This section authorizes the Inspector General's Office to conduct audits of the Health Safety Net and the MassHealth program, at a cost of $1 million for fiscal year 2020. As in past years, this cost will be borne by the Health Safety Net Trust Fund.


 

SECTION 76 - MassHealth Dental Coverage

Summary:
This section authorizes MassHealth to continue providing the same level of dental benefits that it is offering in fiscal year 2019.


 

SECTION 77 - Nursing and Resident Care Facility Base Year

Summary:
This section establishes 2007, or any subsequent year the Secretary of Health and Human Services may choose, as the base year for nursing facility rates in fiscal year 2020, as long as the total aggregate rates combined with the value of the direct care add-on at least amount to the value of total aggregate rates using a base year of 2014.


 

SECTION 78 - Transfers between Health Funds

Summary:
This section authorizes the Secretary of Administration and Finance to transfer up to $15 million from the Commonwealth Care Trust Fund to the Health Safety Net Trust Fund.


 

SECTION 79 - RTA Memorandum of Understanding

Summary:
This section conditions the transfer to each regional transit authority on a system of performance metrics to be developed by MassDOT and also directs $4M to RTAs that have executed an MOU with MassDOT.


 

SECTION 80 - TAFDC Reforms Effective Date

Summary:
This section sets an effective date of October 1, 2019 for the TAFDC reform sections.


 

SECTION 81 - Smokeless Tobacco Stamping Effective Date

Summary:
This section sets an effective date of July 1, 2020 for the Smokeless Tobacco Stamping section.


 

SECTION 82 - Excise on Vapor Products and E-cigarettes Effective Date

Summary:
This section sets an effective date of January 1, 2020 for the taxes on vapor products and e-cigarettes.


 

SECTION 83 - Effective Date

Summary:
This section provides that the budget shall take effect on July 1, 2019.


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