Sections 4-138 All Outside Sections
Section 4: Massachusetts Commission Against Discrimination Modernization 1
Section 17 of chapter 6 of the General Laws is hereby amended by striking out, in lines 6 and 7, as appearing in the 2022 Official Edition, the words ", the Massachusetts commission against discrimination".
Section 5: Massachusetts Commission Against Discrimination Modernization 2
Said chapter 6 is hereby further amended by striking out section 56, as amended by section 5 of chapter 28 of the acts of 2023, and inserting in place thereof the following section:-
Section 56. (a) There shall be a Massachusetts commission against discrimination. The commission shall be an independent agency of the commonwealth and shall not be subject to the control of any other department or agency.
(b) The commission shall consist of 5 commissioners, 3 of whom shall be appointed by the governor and 2 of whom shall be appointed by the attorney general. The governor shall designate 1 commissioner as chair, who shall devote their full time to the duties of the office and the remaining 4 commissioners shall serve per diem. At least 2 commissioners shall reside in Barnstable, Berkshire, Bristol, Franklin, Hampden, Hampshire, Plymouth or Worcester county. Each commissioner shall be appointed for a term of 3 years. A commissioner chosen to fill a vacancy on an unexpired term shall be appointed for the remainder of the unexpired term of the commissioner to be replaced. Three commissioners shall constitute a quorum and a majority of commissioners present and voting shall be required for any action to be taken by the commission. The chair may call a meeting of the commission and may call for a vote on any matter designated on the notice of the meeting. A vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the commission. A commissioner may be removed by their appointing authority for inefficiency, neglect of duty, misconduct or malfeasance in office after being given a written statement of the charges and an opportunity to be heard thereon.
(c) The commission shall appoint an executive director. The executive director shall serve at the pleasure of the commission, receive a salary, which shall be not less than the salary received by the chair, as may be determined by the commission, and shall devote their full time to the duties of the office. The executive director shall be a person with skill and experience in management and shall be the executive and administrative head of the commission. The executive director shall be responsible for the day-to-day operations of the commission and for administering and ensuring the commission's ability to enforce laws and regulations relative to the commission and to each administrative unit thereof, which shall include, but not be limited to, developing protocols and procedures to execute the commission's regulations and to expedite the handling of cases and complaints by the commission. The executive director shall employ a chief financial officer, who shall be responsible for all funds and expenditures of the commission. The executive director may employ such attorneys, clerks and other employees and agents as the executive director may deem necessary and prescribe their duties and fix their compensation as may be provided by law. The executive director shall annually submit a written report to the governor and to the general court on the commission's activities, including any recommendations.
(d) All employees of the commission, except the executive director, an executive secretary, the heads and deputy heads of divisions, attorneys, field representatives and such other positions as the commission may from time to time designate, shall be subject to chapter 31.
(e) The commission shall maintain regional offices located in the cities of Fall River, Springfield and Worcester. The commission shall hold public hearings as needed in the respective regions of those cities. Every case shall, to the extent practicable, be heard in the region in which the complainant resides.
(f) There shall be an advisory board to the commission, which shall consist of at least 21 persons, 13 of whom shall be appointed by the governor and 8 of whom shall be appointed by the attorney general. Each member shall be appointed for a term of 5 years. A board member chosen to fill a vacancy of an unexpired term shall be appointed for the remainder of the unexpired term of the member to be replaced. The board shall be comprised of members of diverse representation and the appointing authorities shall strive to appoint: (i) persons with expertise in fair housing laws; (ii) owners and brokers of residential real property; (iii) representatives of major lending and credit institutions; (iv) representatives of private employers; (v) a representative of the civil service commission; (vi) a representative of post-secondary educational institutions; (vii) a representative of labor organizations; (viii) individuals from minority racial, ethnic and linguistic groups; (ix) women; (x) elderly persons; (xi) persons with disabilities; and (xii) recipients of public assistance. The board shall advise the commission on matters of policy affecting the commission and shall review the implementation of the commission's programs and policies and, from time to time, submit their recommendations to the commission and to the commissioners' appointing authorities. The board shall coordinate the activities of the local or regional advisory boards appointed pursuant to clause 8 of section 3 of chapter 151B. The governor shall designate 1 member of the board to serve as chair. The members of the board shall not be compensated for their services but shall be reimbursed for travel and other expenses as may be necessary for the performance of their duties. The executive director may provide technical and clerical assistance to the advisory board.
Section 6: State Domestic Violence Fatality Review Team Membership
Section 18N of chapter 6A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in lines 30 and 31, the words "the chief justice of the trial court or a designee; the chief justice of the family and probate court or a designee" and inserting in place thereof the following words:- a retired judge of the trial court to be appointed by the governor.
Section 7: Department of Transportation Snow and Ice Deficiency
Section 4 of chapter 6C of the General Laws, as so appearing, is hereby amended by striking out, in line 98, the figure "$40,000,000" and inserting in place thereof the following figure:- $35,000,000.
Section 8: Castle Island and Marine Park Trust Fund
Chapter 10 of the General Laws is hereby amended by striking out section 35III, as amended by section 16 of chapter 140 of the acts of 2024, and inserting in place thereof the following section:-
Section 35III. There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Old Harbor Reservation Trust Fund, which shall be administered by the department of conservation and recreation. Amounts credited to the fund shall be expended, without further appropriation, for the purposes of advancing recreational, educational, conservation, public health and safety interests, including, but not limited to, dedicated environmental police and ranger staffing, maintenance staff, construction and maintenance of facilities and infrastructure improvements, of the Old Harbor reservation area, including, but not limited to, Castle island, Pleasure bay, McDonough sailing center, Marine park, Murphy memorial skating rink, M street beach, Carson beach, Day boulevard and Columbia road, in the South Boston section of the city of Boston.
The fund shall receive, hold and expend all fees generated by permits, licenses and all other agreements not currently directed to the General Fund relating to the use of department of conservation and recreation assets, facilities and land within the Old Harbor reservation. Any unexpended balance in the fund at the end of a fiscal year shall remain available for expenditure in subsequent fiscal years. Annually, not later than July 31, the department shall submit a report, which shall include, but shall not be limited to, an accounting of all funds generated for the trust and expenditures for the previous fiscal year, to the house and senate committees on ways and means. The department shall not make expenditures from this fund that would cause the fund to be deficient.
Section 9: Victim Compensation Program Transfer 1
Section 11K of chapter 12 of the General Laws is hereby repealed.
Section 10: Financial Assistance Program for Tourist Promotion
Section 14 of chapter 23A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting after the word "section", in line 38, the following words:- ; provided, however, that this restriction shall not apply to matching funds from nongovernmental sources or to funds expended for attendance and participation in trade shows to promote tourism, convention, travel and recreation in the commonwealth or to host tour operators and media visits to the commonwealth.
Section 11: Small Business Ombudsperson
Said chapter 23A is hereby further amended by adding the following section:-
Section 71. (a) There shall be a small business ombudsperson, focused on boosting economic growth in the commonwealth, within the executive office of economic development. The small business ombudsperson shall serve as a resource for small businesses within the commonwealth and provide support and advocacy for small businesses experiencing hardship while navigating complex federal policies that may hinder growth. The small business ombudsperson shall be vested with the authority and responsibility to: (i) provide timely information, guidance and assistance to small businesses, including, but not limited to, information related to regulatory frameworks, statutory obligations, any tariff policies or other changes with the potential to impact competitiveness of small businesses in the commonwealth; (ii) facilitate access to relevant programs, services and initiatives to bolster the economic growth and sustainability of small businesses; and (iii) support small businesses navigating the application and procurement processes.
(b) The ombudsperson shall engage in robust coordination and collaboration with MOBD established in section 1, the operational services division established in section 4L of chapter 7, the executive office of economic development's Business Front Door program, the office of consumer affairs and business regulation established in section 1 of chapter 24A, the supplier diversity office established in section 58A of chapter 7 and any other relevant state agencies or other entities to enhance support for small businesses and for the purpose of elevating the array of services and initiatives designed to foster the growth, resilience and success of small businesses in the commonwealth.
(c)(1) The responsibilities of the ombudsperson shall include, but shall not be limited to: (i) offering informed support and resources to navigate state and local licensing, permitting and regulatory compliance requirements; (ii) navigating the public procurement process; (iii) facilitating access to financial assistance programs, including, but not limited to, grants, loans and tax incentives available to small businesses; (iv) providing timely and accurate advice regarding developments in state and federal policy changes that impact small business operations, including, but not limited to, changes to federal tariff policies; (v) facilitating connections between small business owners and technical assistance providers, mentorship programs and business development resources to nurture informed innovation; (vi) supporting efforts to identify and promote workforce development opportunities, training programs and hiring incentives to foster growth within the commonwealth; and (vii) ensuring that small business owners are equipped with the knowledge and tools necessary to understand and comply with labor, health and safety regulations applicable to developing lawful and sustainable small businesses.
(2) The ombudsperson shall develop, disseminate and make available or direct small business owners seeking assistance to an array of educational presentations, written materials and other resources pertinent to small businesses and diverse suppliers. The presentations and materials shall include, but shall not be limited to, clear explanations of: (i) commonly used business terms and acronyms; (ii) documentation and application requirements necessary to establish and register a business in the commonwealth; (iii) applicable fees and payment obligations related to business formation and licensing; (iv) detailed step-by-step instructional guidance on how to complete required administrative and procurement processes, including, but not limited to, responding to a request for proposal, bidding on state contracts and registering with the commonwealth's procurement systems; (v) guidance on compliance with state and federal regulatory requirements; (vi) instructions on accessing financial assistance programs, including grants, loans and tax incentives available to small businesses; (vii) comprehensive information on workforce development programs, employee training resources and other opportunities designed to foster economic mobility; (viii) guidance on navigating the certification processes for small and diverse businesses; (ix) best practices for business planning, financial recordkeeping and preparing for audits or regulatory reviews; and (x) any other information the ombudsperson determines is necessary and proper to assist in navigating changes to federal tariff policies and equip small businesses with the tools to adapt to evolving federal policies.
(d) Annually, not later than January 1, the ombudsperson shall file a report on activities related to small businesses with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on financial services. For the purposes of the report, the words "small business" shall be as defined pursuant to: (i) applicable federal law; (ii) the supplier diversity office's small business purchasing program; (iii) the supplier diversity office small business certification; or (iv) any other definition in the General Laws as determined by the ombudsperson. The report shall include, but shall not be limited to: (i) the number of requests received by the ombudsperson from small business owners; (ii) the types of requests received by the ombudsperson from small business owners; (iii) the types of actions made for requests received; (iv) the number and type of requests related to changes to federal tariff policies; and (v) recommendations to improve the effectiveness of the position of small business ombudsperson.
Section 12: Housing Production Dashboard
Section 1 of chapter 23B of the General Laws, as most recently amended by section 3 of chapter 150 of the acts of 2024, is hereby further amended by adding the following subsection:-
(e) The executive office shall publish and maintain a publicly accessible online dashboard, which shall provide information on the use of all funding resources, including, but not limited to, loans, grants, project-based vouchers and state or federal tax credits, controlled or awarded, directly or indirectly, by the executive office for the purpose of housing production or preservation; provided, however, that the dashboard shall not include data on mobile rental assistance, downpayment assistance or other loans or grants to individuals. For each housing project for which funding is awarded, the dashboard shall include, but not be limited to: (i) the amount and source of the funding awarded; (ii) the date of the award; (iii) the project name, sponsor, address and total project cost itemized by project application; (iv) the number of units delineated by the number of bedrooms per unit; (v) the affordability mix of units; (vi) whether the units are new or rehabilitated; (vii) whether the units will be rented or owner occupied; (viii) the accessibility of the units; (ix) the reservation of units for special populations; (x) any affiliated projects; and (xi) the progress of the project from funding through construction. The dashboard shall allow users to search for individual projects and generate summaries of quantitative project variables by project attributes including, but not limited to, the county and municipality wherein a project is located. The secretary may issue guidance and post policies on the project dashboards to exclude project attributes, as necessary, to protect confidential or other legally protected information. The dashboard shall be updated at least annually.
Section 13: Sports Wagering Operator Licensee Records
Section 6 of chapter 23N of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out subsection (i) and inserting in place thereof the following subsection:-
(i) Applications for operator licenses shall be public records under section 10 of chapter 66; provided, however, that trade secrets, competitively-sensitive information or other proprietary information provided by an applicant for an operator license or an operator licensee to the commission under this chapter, the disclosure of which would place the applicant or licensee at a competitive disadvantage or would be detrimental to the applicant or licensee if it were made public, may be withheld from disclosure under section 10 of chapter 66 at the commission's discretion.
Section 14: Health Care Access Bureau Assessment
Section 7A of chapter 26 of the General Laws, as so appearing, is hereby amended, in lines 18, 33 and 38, by inserting after the figure "176B", in each instance, the following figure:- , 176E.
Section 15: Board of Appeals Modernization 1
Said chapter 26 is hereby further amended by striking out section 8A, as so appearing, and inserting in place thereof the following section:-
Section 8A. (a) There shall be a board of appeal on motor vehicle liability policies and bonds serving in the division of insurance and consisting of 4 members: 1 of whom shall be designated by the commissioner of insurance; 1 of whom shall be designated by the registrar of motor vehicles; and 2 of whom shall be designated by the attorney general. All members of the board shall serve at the pleasure of their designating authority. The commissioner, the registrar of motor vehicles, and the attorney general may each designate alternate members. Any designation of alternate members may be revoked at any time and may run for such period as prescribed by the designating authority. In the case of an absence, inability to act or unavailability on the part of a principal member, whether temporary or permanent, the place of the principal member may be taken by an alternate member of the same designating authority. Board members, as well as their designated alternates, shall hold a current license to practice law in the Commonwealth or have experience in the areas of road safety or motor vehicle law. The compensation of a principal or alternate member, if not an employee of the commonwealth, shall be fixed by the commissioner. The commissioner shall designate the chair of the board.
(b) The commissioner shall appoint an executive director. The executive director shall report to and serve at the pleasure of the commissioner and shall devote their full time and attention to the duties of the office. The executive director shall be the executive and administrative head of the board. The executive director shall be responsible for the day-to-day operations of the board and may employ such employees and agents as the executive director may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. The executive director shall keep a record of all proceedings before the board and shall collect data on appeals, board outcomes and key performance metrics as determined by the commissioner.
(c) There shall be an executive secretary, employed by the division, who reports to the executive director. As deemed necessary by the commissioner, the division may employ staff to support the executive director and the board.
(d) All expenditures incurred under this section shall be paid from the highway fund. Section 11 of chapter 233 shall apply to the board and any witnesses summoned before it. The fees for attendance and travel of witnesses before the board shall be paid in an amount commensurate with the provisions of section 29 of chapter 262 and need not be paid nor tendered to them prior to their attendance. Said fees shall be paid by the commonwealth upon the certificate of the board or a member thereof or the executive director filed with the comptroller. An office and a room for hearings shall be provided or facilitated by the commissioner. The board may hold hearings at any place within the commonwealth, as well as virtually, and the members and board staff thereof shall be allowed their necessary travel and other expenses incurred from holding hearings outside the city of Boston. The board, with the approval of the commissioner, the registrar of motor vehicles and the attorney general, shall make and amend reasonable rules and regulations to expedite and regulate hearings and the procedures before it; provided, however, that rules and regulations regarding hearings on appeals made to the board pursuant to sections 113D and 113P of chapter 175 and section 7A of chapter 175E, shall only need to be approved by the commissioner.
(e) Except as provided in section 113P of chapter 175 and section 7A of chapter 175E, cases before the board shall be heard by panels of not more than 4 members; provided, however, that the board, with the approval of the commissioner, registrar of motor vehicles and the attorney general, may provide by regulation for categories of cases that may be heard by a single board member or a designated hearing officer, or which may be decided upon written submissions if no party objects. Any designated hearing officer shall be an employee of the board or the division. A designated hearing officer shall file a memorandum of their findings or order in the office of the board and shall send a copy to all parties to the appeal. A memorandum of findings or an order so filed by a designated hearing officer shall be considered a final determination of the board.
Section 16: DLTA Municipal Grants
Section 2XXX of chapter 29 of the General Laws is hereby amended by inserting after the word "modeling", in line 50, as so appearing, the following words:- ; state and federal grant application support.
Section 17: Behavioral Health Access and Crisis Intervention Trust Fund
Section 2WWWWW of said chapter 29, as so appearing, is hereby amended by striking out, in lines 5 and 6, the words "system including, but not limited to" and inserting in place thereof the following words:- continuum of care and to provide high-quality and equitable access to clinical, emergent, urgent, diversionary and rehabilitative care for individuals with a behavioral health condition. Expenditures may include, but shall not be limited to.
Section 18: Education and Transportation Fund Update
Subsection (a) of section 2BBBBBB of said chapter 29, as appearing in section 52 of chapter 140 of the acts of 2024, is hereby amended by striking out the figure "$250,000,000" and inserting in place thereof the following figure:- $550,000,000.
Section 19: Surtax Revenue Transportation Website
Subsection (a1/2) of said section 2BBBBBB of said chapter 29, as appearing in said section 52 of said chapter 140, is hereby amended by striking out the words "locations; provided, however, that annually, not later than October 31, the secretary for administration and finance shall submit a report to the joint committee on transportation detailing approved transportation projects funded during the prior fiscal year" and inserting in place thereof the following words:- locations; provided, however, that said increase in capacity shall not be used to support or fund, in whole or in part, a single transportation project with a total project cost, regardless of source, in excess of $1,000,000,000 unless the borrowing for the project is specifically authorized and approved by the general court after being proposed in the 5-year spending plan required by this paragraph; and provided further, that the Massachusetts Department of Transportation shall maintain a public website to track and monitor spending and progress on projects funded as a result of the increase in capacity to issue special obligation bonds or notes from the transportation income surtax revenue amount dedicated pursuant to this section. Annually, not later than October 31, the secretary of administration and finance shall submit a report to the joint committee on transportation and the chairs of the senate and house committees on ways and means detailing: (i) approved transportation projects funded during the prior fiscal year; (ii) a 5-year spending plan for the projects to be funded, in whole or in part, by special obligation bonds or notes issued by virtue of the increase in bonding capacity from the transportation income surtax revenue amount dedicated pursuant to this section; and (iii) the bonds or notes issued or scheduled to be issued.
Section 20: Secure Choice 1
Said chapter 29 is hereby further amended by inserting after section 2KKKKKK the following section:-
Section 2LLLLLL. (a) There is hereby established in the office of the state treasurer a separate, non-budgeted special revenue fund known as the Massachusetts Secure Choice Savings Fund which shall be administered by the state treasurer. The fund shall be credited with: (i) money from the payment of fees, penalties and other payments due to the Massachusetts secure choice savings program established in section 64H; (ii) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund and any funds appropriated by the federal or local governments; (iii) private contributions and publicly or privately-funded grants; and (iv) any interest earned on the assets of the fund. Monies in the fund that are unexpended at the end of the fiscal year shall not revert to the General Fund and shall be available for expenditure in the subsequent fiscal year. Section 38 shall not apply to any investment of the fund.
(b) The fund shall cover all expenses associated with the administration of the Massachusetts secure choice savings program not otherwise covered by the program, including, but not limited to, expenses related to program compliance and oversight responsibilities.
(c) The Massachusetts secure choice savings board, as established in section 64G, shall establish guidelines regarding administration of the fund.
Section 21: CORE Plan 1
Section 64E of said chapter 29, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 5, the figure "20" and inserting in place thereof the following figure:- 100.
Section 22: CORE Plan 2
Said section 64E of said chapter 29, as so appearing, is hereby further amended by adding the following subsection:-
(g) Notwithstanding any general or special law to the contrary, the treasurer, or a designee, may seek to reduce operating expenses for the plan through private donation or grants, including, but not limited to, direct and indirect fundraising.
Section 23: Secure Choice 2
Said chapter 29 is hereby further amended by inserting after section 64E the following 5 sections:-
Section 64F. For the purposes of this section and sections 64G through 64J, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:
"Board", the Massachusetts secure choice savings board established pursuant to section 64G.
"Code", as defined in section 1 of chapter 62.
"Commissioner", the commissioner of revenue.
"Department", the department of revenue.
"Employee", any individual who: (i) is 18 years of age or older; (ii) is employed by an employer; and (iii) has wages that are allocable to the commonwealth during a calendar year under chapter 62.
"Employer", a person or entity engaged in a business, industry, profession, trade or other enterprise in the commonwealth, whether for-profit or not-for-profit, that has: (i) at no time during the previous calendar year employed fewer than 25 employees in the commonwealth; (ii) been in business not less than 2 years; and (iii) not offered a qualified retirement plan, including, but not limited to, a plan qualified under sections 401(a), 401(k), 403(a), 403(b), 408(k), 408(p) or 457(b) of the Code in the preceding 2 calendar years.
"Enrollee", any employee or former employee who is enrolled in the program.
"Fund", the Massachusetts Secure Choice Savings Fund, established pursuant to section 2LLLLLL.
"IRA", an individual retirement account that is either a: (i) Roth IRA, under section 408A of the Code; or (ii) individual retirement account under section 408 of the Code.
"Participating employer", an employer that provides a payroll deposit retirement savings arrangement as provided for by section 64I for its employees who are enrolled in the program.
"Payroll deposit retirement savings arrangement", an arrangement by which a participating employer allows enrollees to remit payroll deduction contributions to the program.
"Program", the Massachusetts secure choice savings program, established pursuant to section 64H.
"Wages", any compensation within the meaning of section 219(f)(1) of the Code that is received by an enrollee from a participating employer during the calendar year.
Section 64G. (a)(1) There is hereby established the Massachusetts secure choice savings board. The board shall consist of the following 5 members: the state treasurer or a designee, who shall serve as chair; the comptroller or a designee; the secretary of the commonwealth or a designee; a public representative with expertise in retirement savings plan administration or investment, or both, who is representative of participating employees, appointed by the governor; and a public representative with expertise in retirement savings plan administration or investment, or both, who is representative of participating employers, appointed by the state treasurer.
(2) Each member shall be appointed for a term of 4 years; provided, however, that the public representative of employers shall be appointed initially for a term of 3 years; and provided further, that all members shall be eligible for reappointment. A vacancy in the term of an appointed board member shall be filled for the balance of the unexpired term in the same manner as the original appointment. Members of the board shall serve without compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
(3) The board may appoint or engage agents. The board, the individual members of the board, any other agents appointed or engaged by the board and all persons serving as program staff shall discharge their duties with respect to the program solely in the interest of the program's enrollees and beneficiaries.
(b) The board shall be responsible for ongoing fiduciary administrative oversight of the program for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost and portable manner, pursuant to subsection (a) of section 64H.
(c) The board shall report annually to the state treasurer, governor, comptroller, secretary of the commonwealth and the house and senate committees on ways and means. The report shall include, but shall not be limited to: (i) an audited financial report, prepared in accordance with generally accepted accounting principles; (ii) a summary of the benefits provided by the program, including the number of enrollees; and (iii) the percentage and amounts of investment options and rates of return.
(d) All agencies of the commonwealth shall cooperate as requested by the board in the performance of their duties under this section, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
Section 64H. (a) There is hereby established in the office of the state treasurer the Massachusetts secure choice savings program, subject to appropriation. The program shall be developed and administered by the state treasurer with ongoing fiduciary administrative oversight provided by the board for the purpose of promoting greater retirement savings for private-sector employees in a convenient, low-cost and portable manner.
(b)(1) The state treasurer shall design, establish and operate the program in a manner that: (i) accords with best practices for retirement savings vehicles; (ii) maximizes participation, savings and sound investment practices; (iii) maximizes simplicity, including ease of administration for participating employers and enrollees; (iv) provides an efficient product to enrollees by pooling investment funds; and (v) ensures the portability of benefits.
(2) The state treasurer and the department shall maintain, on their websites, information for employers on the requirements of the program and information on retirement plans an employer may offer as an alternative to the program, including, but not limited to, a defined benefit plan, 401(k) plan, a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan.
(c) The state treasurer shall request, in writing, an opinion or ruling from the appropriate entity with jurisdiction over the federal Employee Retirement Income Security Act regarding the applicability of the federal Employee Retirement Income Security Act to the program. The state treasurer shall not implement the program if the IRA arrangements offered under the program fail to qualify for the favorable federal income tax treatment ordinarily accorded to IRAs under the Code or if it is determined that the program is an employee benefit plan and state or employer liability is established under the federal Employee Retirement Income Security Act.
(d) The state treasurer shall prepare a written statement of investment policy that includes a risk management and oversight program for consideration and adoption by the board.
(e) The state treasurer may contract with practitioners, administrators, investment managers and other entities to design, administer and provide investment options under the program. Any practitioner, administrator, investment manager or other entity with which the state treasurer contracts shall comply with all applicable federal and state laws, rules and regulations and all rules, policies and guidelines promulgated by the board with respect to the program and the investment of the fund, including, but not limited to, the investment policy. Any practitioner, administrator, investment manager or other entity with which the state treasurer contracts shall provide such reports as the board deems necessary to assess performance.
(f) The state treasurer shall assess the feasibility of multistate or regional agreements to administer the program through shared administrative and operational resources and may enter into those agreements if deemed beneficial to the program.
(g)(1) The commonwealth, the board, each member of the board or other commonwealth official, other commonwealth boards, commissions or agencies, or any member, officer or employee thereof, and the program: (i) shall have no responsibility for compliance by individuals with the conditions and other provisions of the Code that determine which individuals are eligible to make tax-favored contributions to IRAs, in what amount and in what time frame and manner; (ii) shall have no duty, responsibility or liability to any party for the payment of any benefits under the program, regardless of whether sufficient funds are available under the program to pay such benefits; (iii) do not and shall not guarantee any interest rate or other rate of return on or investment performance of any contribution or account balance; and (iv) are not and shall not be liable or responsible for any loss, deficiency, failure to realize any gain or any other adverse consequences, including, but not limited to, any adverse tax consequences or loss of favorable tax treatment, public assistance or other benefits incurred by any person as a result of participating in the program.
(2) The debts, contracts and obligations of the program shall not be considered the debts, contracts and obligations of the commonwealth, and neither the faith and credit nor the taxing power of the commonwealth shall be pledged directly or indirectly to the payment of the debts, contracts and obligations of the program.
(3) Participating employers shall not have any liability for an employee's decision to participate in, or opt out of, the program or for the investment decisions of the board or of any enrollee.
(4) A participating employer shall not be a fiduciary, or considered to be a fiduciary, over the program. A participating employer shall not bear responsibility for the administration, investment options or investment performance of the program. A participating employer shall not be liable with regard to investment returns, program design and benefits paid to program participants.
(h) All agencies of the commonwealth shall cooperate as requested by the state treasurer in the performance of their duties under this section, including, unless otherwise prohibited, the sharing of relevant data as the parties shall mutually agree.
Section 64I. (a)(1) Each employer shall establish a payroll deposit retirement savings arrangement to allow each employee to participate in the program on a timeline set by the board.
(2) Employers shall automatically enroll each employee, who has not opted out of participation, in the program and shall provide payroll deduction retirement savings arrangements and deposit, on behalf of each such employee, these funds into the program.
(3) Employers shall retain the option at all times to set up any type of employer-sponsored retirement plan, including, but not limited to, a defined benefit plan, a 401(k), a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan, instead of having a payroll deposit retirement savings arrangement to allow employee participation in the program.
(b)(1) Enrollees shall have the ability to: (i) select a contribution level into the fund; or (ii) opt out of participation in the program. The contribution level may be expressed as a percentage of wages or as a dollar amount up to the deductible amount for the enrollee's taxable year under section 219(b)(1)(A) of the Code. Enrollees may change their contribution level at any time and that election shall be honored as soon as administratively feasible. If an enrollee fails to select a contribution level using the form prescribed, the enrollee shall contribute the default contribution rate of 6 per cent, with an annual escalation of 1 per cent and up to 10 per cent, of their wages to the program.
(2) Enrollees may select an investment option from the permitted investment options available under the program. Enrollees may change their investment option at any time. If an enrollee fails to select an investment option, the enrollee shall be placed in a qualified default investment alternative specified by the program.
(3) An enrollee may terminate their participation in the program at any time in a manner prescribed by the program.
Section 64J. (a) An employer who fails without reasonable cause to enroll an employee, who has not elected out of participation, in the program within the time prescribed by the state treasurer, in consultation with the department, shall be subject to a penalty equal to:
(i) $250 for each employee for each calendar year or portion of a calendar year during which the employee neither was enrolled in the program nor had elected out of participation in the program, and the employee or any appropriate official of the commonwealth may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney's fees as may be allowed by the court; and
(ii) for each calendar year beginning after the date a penalty has been assessed with respect to an employee, $500 for any portion of that calendar year during which such employee continues to be unenrolled without electing out of participation in the program, and the employee or any appropriate official of the commonwealth may bring a civil action to require the employer to enroll the employee and shall recover such costs and reasonable attorney's fees as may be allowed by the court.
(b) No penalty shall be imposed under subsection (a) for any failure for which it is established that the employer, subject to liability for the penalty, did not know that the failure existed and exercised reasonable diligence to meet the requirements of this section or where:
(i) the employer subject to liability for the penalty exercised reasonable diligence to meet those requirements; and
(ii) the employer complies with those requirements with respect to each employee by the end of the 90-day period beginning on the first date the employer knew, or exercising reasonable diligence would have known, that the failure existed.
(c) In the case of a failure that is due to reasonable cause and not to willful neglect, all or part of the penalty may be waived to the extent that the payment of the penalty would be excessive or otherwise inequitable relative to the failure involved.
(d) If a participating employer fails to transmit a payroll deduction contribution to the program on the earliest date the amount withheld from the enrollee's compensation may reasonably be segregated from the participating employer's assets, but not later than the 15th day of the month following the month in which the enrollee's contribution amounts are withheld from their paycheck, the failure to remit such contributions on a timely basis shall be subject to the same sanctions as employer misappropriation of employee wage withholdings, including those pursuant to sections 148 and 150 of chapter 149 and to the penalties specified in subsection (a).
(e) Except as provided in this subsection, all information received by the department from returns filed by an employer or from any investigation conducted under this section shall be confidential, except for official purposes within the department or pursuant to official procedures for collection of penalties assessed under this section. Nothing contained in this section shall prevent the commissioner from publishing or making available to the public reasonable statistics concerning the operation of this section wherein the contents of returns are grouped into aggregates in such a way that the specific information of any employer shall not be disclosed. Nothing contained in this section shall prevent the commissioner from divulging information to an authorized representative of the employer or to any person pursuant to a request or authorization made by the employer or by an authorized representative of the employer.
(f) Civil penalties and fees collected under this section shall be deposited into the fund.
(g) The department may promulgate rules and regulations as necessary or proper for the administration and enforcement of this section.
Section 24: MBTA Advisory Board 1
The definition of "Employee" in section 1 of chapter 32 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- "Employee", as applied to persons whose regular compensation is paid by the advisory board to the Massachusetts Bay Transportation Authority established in section 7A of chapter 161A, shall mean any person who is engaged in duties that require that the person's time be devoted to the service of said advisory board in each year during the ordinary working hours of regular and permanent employees.
Section 25: MBTA Advisory Board 2
Said section 1 of said chapter 32, as so appearing, is hereby further amended by inserting after the word "District,", in line 389, the following words:- the advisory board to the Massachusetts Bay Transportation Authority as established in section 7A of chapter 161A.
Section 26: Creditable Service
Said section 1 of said chapter 32, as so appearing, is hereby further amended by inserting after the word "employer", in line 602, the following words:- , including any accrued sick, personal or vacation leave except when paid as a supplement to the receipt of weekly workers' compensation benefits pursuant to section 69 of chapter 152.
Section 27: MBTA Advisory Board 3
Section 2 of said chapter 32, as so appearing, is hereby amended by inserting after the word "Council", in line 21, the following words:- , the advisory board to the Massachusetts Bay Transportation Authority established in section 7A of chapter 161A.
Section 28: MBTA Advisory Board 4
Section 2 of chapter 32A of the General Laws, as so appearing, is hereby amended by inserting after the word "Authority", in line 16, the following words:- , the advisory board to the Massachusetts Bay Transportation Authority as established in section 7A of chapter 161A.
Section 29: Vital Records Outdated Language 1
Chapter 46 of the General Laws is hereby amended by striking out section 1, as amended by section 1 of chapter 166 of the acts of 2024, and inserting in place thereof the following section:-
Section 1. Each local clerk shall obtain and record the following facts set forth in this section, as well as such additional information that may be required under federal statutes or contracts, regulations promulgated pursuant to section 4 of chapter 17 or as the commissioner of public health may require, relative to births, marriages, acknowledgments and adjudications of parentage and deaths which occurred in the town or city and for certificates of marriage issued by the town or city:
In the record of births, the date of birth, place of birth, the name, residence and sex of child and the names, names at birth or adoption, places of birth and dates of birth of the parent or parents;
In the record of birth of a child born to parents not married to each other, the name of and other facts relating to the other parent or parents shall not be recorded except as provided in section 2 of chapter 209C where parentage has been acknowledged or adjudicated under the laws of the commonwealth or under the laws of any other jurisdiction;
In the record of marriages, date of record, date and place of marriage, name, residence and official station of the person by whom solemnized; for each of the parties to be married the name, date and place of birth, residence, age, number of the marriage and if previously married, whether widowed or divorced and the name at birth or adoption of the parties' parents;
In the record of death, date of death, name of deceased, including surname at birth or adoption, gender, race, marital status, education, name of spouse if ever married, supposed age, residence, occupation, place of death, place of birth, surname at birth or adoption and places of birth of the deceased's parent or parents, disease or cause of death, defined so that it can be classified under the international classification of causes of death, and place and type of immediate disposition. The record of death shall not include the social security number of the deceased. As used in this section, the word "residence" shall include the name of the street and number, if any, of the house.
Section 30: Vital Records Outdated Language 2
Section 1E of said chapter 46, as amended by section 8 of chapter 186 of the acts of 2024, is hereby further amended by striking out the definition of "town clerk or clerk" and inserting in place thereof the following definition:-
"Local clerk" or "town clerk", a town clerk, city clerk or local registrar as provided in section 22.
Section 31: Vital Records Outdated Language 3
Said chapter 46 is hereby further amended by striking out section 13, as most recently amended by section 3 of chapter 166 of the acts of 2024, and inserting in place thereof the following section:-
Section 13. (a) If a record relating to a birth, marriage, acknowledgment or adjudication of parentage or death does not contain all the facts required under section 1, or if it is claimed that the facts are not correctly stated therein, the local clerk or state registrar shall receive from the person required by law to furnish the information for the original record, or by credible persons having knowledge of the case, an affidavit containing the missing or corrected facts required to correct or complete the record, accompanied by documentary evidence substantiating such facts beyond a reasonable doubt. Except as hereinafter provided, such amendments shall be made only to reflect the correct information at the time of the event. The minimum documentary evidence to be required shall be specified by regulations promulgated pursuant to section 4 of chapter 17.
(b) Any record filed under this chapter may be amended, corrected or supplemented within 1 year after the date of the event without such affidavit or documentary evidence if allowed by regulations promulgated pursuant to section 4 of chapter 17, except such amendments, corrections or supplements which are expressly provided for hereinafter.
(c) If a person shall have acquired the status of a marital child by the intermarriage of the person's parents and the acknowledgment of the child's other parent or an adjudication of parentage by a court or administrative agency of competent jurisdiction under the laws of the commonwealth or any other jurisdiction, the record of the person's birth shall be amended so as to read, in all respects, as if such person had been reported at the time of birth as born to such parents in lawful wedlock.
(d) If a person is born to parents not married to each other or if the person who gave birth and such person's spouse at the time of the birth or conception of the child complete an affidavit denying that the spouse is the parent of the child or if there is an adjudication of nonparentage of the spouse, such person's birth record shall be amended to include the alleged genetic parent's information required by section 1; provided, however, that:
(i) the person who gave birth and the alleged genetic parent have signed and filed an acknowledgment of parentage with the local clerk in the city or town where the birth occurred, the state registrar or the probate and family court having jurisdiction over the parties or the child pursuant to chapter 209C;
(ii) there has been a judgment of parentage by a court or administrative agency of competent jurisdiction under the laws of the commonwealth and the court presents to the state registrar a certified copy of such judgment on a form provided by the state registrar to amend the birth certificate;
(iii) there has been an acknowledgment of parentage or a judgment of parentage by a court or administrative agency of competent jurisdiction under the laws of the commonwealth or of another state or a foreign country and 1 of the following persons requests an amendment and presents to the state registrar a copy of such judgment: (A) the parent who gave birth; (B) the other parent named in such acknowledgment or judgment of parentage; (C) the other parent named currently on the birth record; (D) the subject of the record; (E) the legal guardian of the subject; or (F) the legal representative of any of the foregoing;
(iv) there has been a judgment of parentage by a court or administrative agency of competent jurisdiction in the commonwealth and the court orders the state registrar to amend the birth certificate to include the information relating to the other parent; provided, however, that such order may include an order to amend information relating to the name of the child; or
(v) there has been a judgment of parentage by a court or administrative agency of competent jurisdiction in the commonwealth approving or adopting a judgment establishing parentage issued by a court or administrative agency of competent jurisdiction under the laws of another state or a foreign country and the court presents to the state registrar a certified copy of such judgment on a form provided by the state registrar to amend the birth certificate; provided, however, that the local clerk of the city or town where the child was born or the state registrar shall amend the birth certificate consistent with the findings of the court and the certificate shall be required to read, in all respects, as if such information had been reported at the time of such birth; provided further, that the fact that parentage was established after the child's birth shall not be ascertainable from the new certificate but the actual place and date of birth shall be shown; provided further, that the original certificate and the evidence upon which the amended birth certificate was made shall be subject to inspection by the parent who gave birth, the other parent, the subject of the record, any person presumed to be the parent under section 6 of chapter 209C or a government official requiring access for their official duties, including the IV-D agency as set forth in chapter 119A or a legal representative of the subject of the birth record; and provided further, that an order of the probate and family court in the county where the child was born shall be required for anyone else seeking access to the original birth record or the evidence upon which the amended birth certificate was made.
(e)(1) A person who is 18 years of age or older, an emancipated minor or the parent or guardian of a minor may request a change in the sex designation on the person's birth record to a sex designation including, but not limited to, "female", "male" or "X". An "X" designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates or by the parent or guardian of the person if the person is a minor attesting that the request is to conform the person's birth record to the person's gender identity and is not made for any fraudulent purpose; provided, however, that no medical or healthcare related documentation, court order or proof of change of name shall be required by a local clerk, the state registrar or any other official in connection with a request under this paragraph.
(2) A person who requests a change in the sex designation on the person's birth record pursuant to paragraph (1) may request a change of name on the person's birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a local clerk, the state registrar or any other official in connection with a request under this paragraph.
(3) A person who has changed the sex designation on the person's birth record pursuant to paragraph (1) but did not request a change of name on the person's birth record pursuant to paragraph (2) may request a change of name on the person's birth record within 3 years from the date of the change in the sex designation on the person's birth record pursuant to said paragraph (1); provided, however, that a person whose sex designation on their birth record was changed while the person was a minor shall have 3 years from the date of their eighteenth birthday to request a change of name on the person's birth record; and provided further, that the department may waive the 3-year limitation for a person that demonstrates good cause, as determined by the department. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a local clerk, the state registrar or any other official in connection with a request under this paragraph.
(4) Upon joint application by parents, the birth record of a minor child shall be amended to change a parent or parents' names upon receipt by the state registrar or local clerk of a request for a change of name along with a certified copy of the legal change of name or names. A request shall be accompanied by an affidavit executed under the penalty of perjury that the request is to conform the record to a change of name pursuant to paragraph (2) or (3) and is not made for any fraudulent purpose.
(f) If the birth of a child is recorded as that of a marital child, and the nonparentage of the spouse has been legally determined by a court of competent jurisdiction pursuant to the laws of the commonwealth or by a court or administrative agency of competent jurisdiction under the laws of another state or foreign country, or if the birth of a child is recorded as that of a child whose parentage has been acknowledged by the person who gave birth and the other parent and either parent rescinds the acknowledgment as provided in section 11 of chapter 209C or under similar law of another state or foreign country, the birth record shall be amended to remove the other parent's information; provided, however, that:
(i) there has been a notarized rescission filed with the department of public health or a judgment of nonparentage or judgment of divorce by a court under the laws of the commonwealth and the court presents to the state registrar a certified copy of such judgment, together with a form provided by the state registrar to amend the birth certificate; or
(ii) there has been a judgment of nonparentage or judgment of divorce by a court or administrative agency of competent jurisdiction under the laws of another state or foreign country and 1 of the following persons requests an amendment and presents to the state registrar a certified copy of such judgment: (A) the person who gave birth; (B) the parent named in such judgment of nonparentage or judgment of divorce; (C) the subject of the record; (D) the legal guardian of the subject of the record; or (E) the legal representative of any of the foregoing.
(g) If a person shall have been adopted by judicial decree, the local clerk where such person was born or the state registrar shall receive the certificate of such adoption issued under the authority of section 6A of chapter 210 or a certified copy of the decree for such adoption, whether issued by a probate court for the commonwealth or by the appropriate court of any other state or country. Except as hereinafter provided, said clerk or state registrar, after receiving such certificate of adoption or any such certified copy, shall correct the record of birth of the adopted person. If such record or certified copy does not contain the facts required by this section relative to the adopting parents for correcting such record, the local clerk or state registrar shall not correct such record until they have received an affidavit signed and sworn to by the adopting parents, or by the person adopted, furnishing such facts. If a person who was in the custody of the department of children and families is adopted and the adopting parents surrender the person back to the department, that person shall have the right to change the birth certificate back to that person's birth name.
(h) The local clerk or state registrar in receipt of an adoption record pursuant to this section shall, on forms provided by the state registrar, complete an amended, corrected or supplemented record of birth, death or marriage or acknowledgment or adjudication of parentage. The original record of birth, death or marriage or acknowledgment or adjudication of parentage and all returns and index entries in whatever format they are maintained shall be identified as corrected, amended or supplemented. All documentary evidence, including certificates of adoption or certified copies thereof, shall be sent to the state registrar for a permanent filing. If the affidavit is initially submitted to the state registrar, the state registrar shall forward to the local clerk of the municipality where the birth or death occurred, a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit, and the local clerk shall thereupon correct, amend or supplement the record in the office of the clerk. If a copy of the record is sent to the local clerk of the municipality where the parents resided at the time of birth or where the deceased lived at the time of death, the state registrar shall forward to such local clerk a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit, and the local clerk shall thereupon correct, amend or supplement the record in the office of the clerk. Reference to the record of the affidavit or such decree shall be made on the margin of the original record. If the local clerk or state registrar furnishes a copy of such a record, they shall certify the facts contained therein as corrected, amended or supplemented. Except as provided in this section, the local clerk or other official responsible for the keeping of such records shall not release information contained in the original record except upon proper judicial order or when requested by a person seeking their own birth or marriage record or by a person whose official duties, in the opinion of the local clerk or state registrar, entitle them to the information contained in the original record. Death records corrected, amended or supplemented after January 1, 1996, as well as the affidavit of the party seeking the correction, amendment or supplementation of the death record and all documentary evidence or related records submitted in support of such affidavit, shall not be restricted, except for records or other items of documentary evidence submitted in support of the affidavit which are: (i) considered medical records for purposes of paragraph (c) of clause twenty-sixth of section 7 of chapter 4; (ii) restricted by section 2A; or (iii) restricted by judicial order. If the original record has been amended following adoption in accordance with this section, the local clerk or state registrar shall issue information contained in the original record only upon receipt of an order of the probate court for the county in which said adoption was granted or in accordance with section 2B or, in the case of an adoption granted outside the commonwealth, upon receipt of an order of the probate court for the county in which the birth of the adopted person occurred or in accordance with section 2B, instructing said clerk or state registrar to release the information contained in such original record. Evidence contained in the adoption record of a parent's willingness to provide information about their identity to the adopted person shall, except in extraordinary circumstances, be considered sufficient evidence to warrant the granting of an order for release of the information contained in the birth certificate registered prior to adoption. If the corrected, amended or supplemented record is that of a person who has acquired the status of a marital child or whose record has been amended through an adoption decree or whose record has been amended through addition of a named parent or whose record has been amended pursuant to subsection (e), the local clerk or state registrar shall not indicate on such copy that the record has been corrected, amended or supplemented.
(i) An affidavit or a certified copy of the record of any other municipality or of a written statement made at the time by any person since deceased required by law to furnish evidence of said affidavit, may be the basis for completing the record of a birth, marriage or death not containing all the facts required by section 1. No record of birth shall be established for a deceased person more than 5 years after the date of death nor shall a record of marriage be established if both spouses are deceased, except as provided by sections 13A, 13B and 13C.
(j) Upon the adoption of an abandoned child or foundling within the commonwealth the facts of whose birth are not recorded pursuant to sections 1 or 1A, or, if such facts are recorded, cannot otherwise be identified, the state registrar, upon receipt of: (i) an affidavit executed by the adopting parents setting forth all material facts known concerning said abandoned child or foundling; and (ii) an order issued by the commissioner of children and families determining the most probable date of birth of such abandoned child or foundling shall record the facts relative to the birth pursuant to sections 1 or 1A. In addition to any other certificates or copies of records authorized by law, the commissioner may, upon application, issue certificates setting forth the facts concerning an abandoned child or foundling appearing in any records of the department of children and families if no certificate of birth is recorded in the municipality where the abandoned child or foundling was born or the state registry.
(k) If an application to correct or amend a record of birth, marriage or death or a delayed record of a birth, marriage or death is approved, the applicant shall pay a fee as determined by the secretary of administration and finance.
(l) Upon application of both parties to a marriage, the record of such marriage shall be amended to remove the sex of either or both parties to the marriage and, if applicable, to change the name of either or both parties to the marriage. Such application shall be made to the state registrar or local clerk of the city or town where the marriage record was issued and shall include: (i) an affidavit executed by both parties to the marriage on a form provided by the state registrar attesting to their concurrence that the record be amended to remove sex of either or both parties; and (ii) if applicable, a request by a party to the marriage for a change of name along with evidence of the party's legal change of name.
Section 32: Campaign Funds for Adult-Care Services 1
Section 1 of chapter 55 of the General Laws, as amended by section 181 of chapter 238 of the acts of 2024, is hereby further amended by inserting before the definition of "Ballot question committee" the following definition:-
"Adult-care services", care services provided to a candidate's parent or other adult dependent, including, but not limited to, caregiving services by an individual or nonprofit or for-profit organization that provides such services and any other costs directly related to such services that occur as a result of campaign activities; provided, however, that expenses related to adult-care services shall not include payments to a family member, as defined in section 1 of chapter 50, of the parent or other adult dependent receiving care, unless the family member owns, operates or is employed by a professional caregiving service or a nonprofit or for-profit organization that provides adult-care services and the cost of the service is not greater than such family member would otherwise charge.
Section 33: Campaign Funds for Adult-Care Services 2
Section 6 of said chapter 55 is hereby amended by inserting after the word "services", as inserted by section 182 of said chapter 238, the following words:- , provision of adult-care services.
Section 34: Motor Vehicle Excise Tax
The third paragraph of section 1 of chapter 60A of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following sentence:- For the purposes of this section, a motor vehicle and trailer registered under chapter 90 shall include registrations in revoked, suspended or similar status as determined by the registrar.
Section 35: Estate Tax Clarifications
Section 2A of chapter 65C of the General Laws, as most recently amended by section 13 of chapter 206 of the acts of 2024, is hereby further amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
(a) A tax is hereby imposed upon the transfer of the estate of each person dying on or after January 1, 1997 who, at the time of death, was a resident of the commonwealth. The amount of the tax shall be equal to the credit for state death taxes that would have been allowable to a decedent's estate as computed under section 2011 of the Code, as in effect on December 31, 2000, hereinafter referred to as the "credit". The credit shall be determined based on the value of the federal gross estate after such estate is increased by the value of any property: (i) not included in the federal gross estate; (ii) in which the decedent had at death a qualifying income interest for life described in subsection (c) of section 3A; (iii) for which a deduction was allowed for Massachusetts estate tax purposes with respect to the transfer of such property to the decedent; and (iv) which is not real or tangible personal property located outside of the commonwealth at the time of death. If the federal gross estate of a person includes real or tangible personal property located outside of the commonwealth at the time of death, the credit shall be determined based on the value of the federal gross estate after such estate is reduced by the value of such real or tangible personal property located outside of the commonwealth and increased by the value of any property: (i) not included in the federal gross estate; (ii) in which the decedent had at death a qualifying income interest for life described in subsection (c) of section 3A; (iii) for which a deduction was allowed for Massachusetts estate tax purposes with respect to the transfer of such property to the decedent; and (iv) that is not real or tangible personal property located outside of the commonwealth at the time of death; provided, however, that for the purposes of calculating the federal taxable estate, no deduction shall be allowed that is attributable to such real or tangible personal property located outside of the commonwealth.
(b) A tax is hereby imposed upon the transfer of real property situated in this commonwealth and upon tangible personal property having an actual situs in this commonwealth of every person who at the time of their death was not a resident of this commonwealth. The amount of this tax is the amount of the credit calculated based upon a federal gross estate that is equal to the sum of: (i) the value of the estate's real or tangible personal property located in the commonwealth; and (ii) the value of any real or tangible property: (A) not included in the federal gross estate; (B) in which the decedent had at death a qualifying income interest for life described in subsection (c) of section 3A; (C) for which a deduction was allowed for Massachusetts estate tax purposes with respect to the transfer of such property to the decedent; and (D) which is not located outside of the commonwealth at the time of death. Under this subsection, for the purposes of calculating the federal taxable estate, no deduction shall be allowed that is attributable to property other than such real or tangible personal property located in the commonwealth.
Section 36: Board of Appeals Modernization 2
Section 28 of chapter 90 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out, in line 2, the word "ten" and inserting in place thereof the following figure:- 30.
Section 37: Board of Appeals Modernization 3
Said section 28 of said chapter 90, as so appearing, is hereby further amended by inserting after the words "after a hearing", in line 5, the following words:- or decision on written submissions.
Section 38: Electronic Motor Vehicle Certificates of Title 1
Section 11A of chapter 90D of the General Laws, as so appearing, is hereby amended by adding the following 2 paragraphs:-
Upon receiving notification of satisfaction of a security interest pursuant to section 24, the registrar may waive the issuance and mailing of the certificate of title to the owner or a third party authorized by the registrar and requested by the lienholder. If the registrar waives the issuance and mailing of the certificate of title, the registrar shall ensure that: (i) the owner or authorized third party may receive a paper certificate of title upon request; and (ii) there is a process or system established to ensure that the owner or authorized third party may effect action that would otherwise be necessary upon the certificate of title. The registrar may promulgate rules and regulations related to this section.
Nothing in this section shall relieve a seller's obligation under section 15 to assign and deliver title to a purchaser or the registrar at the time of delivery of the vehicle, nor shall anything in this section relieve a purchaser's obligation under sections 1A and 2 of chapter 90 to take title to said vehicle prior to insuring or registering the vehicle.
Section 39: Electronic Motor Vehicle Certificates of Title 2
Section 24 of said chapter 90D, as so appearing, is hereby amended by adding the following 2 paragraphs:-
Notwithstanding subsection (a) of section 16, the registrar shall promulgate rules and regulations to establish an electronic process whereby a vehicle may be sold at retail, reassigned between dealers, or any other method of ownership transfer or sale approved by the registrar. The conveyor of the vehicle shall maintain, invalidate or surrender the existing paper certificate of title, if applicable, upon completion of the transaction and update of the electronic certificate of title for a vehicle that is retailed, reassigned or transferred under this paragraph, in a form or format prescribed by the registrar.
Nothing in this section shall relieve a seller's obligation under section 15 to assign and deliver title to a purchaser or the registrar at the time of delivery of the vehicle, nor shall anything in this section relieve a purchaser's obligation under sections 1A and 2 of chapter 90 to take title to said vehicle prior to insuring or registering the vehicle.
Section 40: Electronic Motor Vehicle Certificates of Title 3
Said chapter 90D is hereby further amended by adding the following section:-
Section 39. Electronic signatures as prescribed in section 9 of chapter 110G shall be accepted by the registrar through the electronic process prescribed under section 24. The registrar may promulgate rules and regulations for the requirements for electronic signature authentication, maintenance, invalidation or surrender of a secure paper title bearing an original signature.
Nothing in this chapter shall relieve a seller's obligation under section 15 to assign and deliver title to a purchaser or the registrar at the time of delivery of the vehicle, nor shall anything in this chapter relieve a purchaser's obligation under sections 1A and 2 of chapter 90 to take title to said vehicle prior to insuring or registering the vehicle.
Section 41: Middlesex Fells Reservation Trust Fund
Chapter 92 of the General Laws is hereby amended by striking out section 34F, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
Section 34F. (a) There shall be established and set up on the books of the commonwealth the Middlesex Fells Reservation Fund which shall be administered by the commissioner of conservation and recreation. The commissioner shall consult with relevant stakeholders including, but not limited to, Friends of the Middlesex Fells Reservation, Inc. and any abutting municipalities. The fund shall be credited with: (i) appropriations or other money authorized or transferred by the general court and specifically designated to be credited to the fund; (ii) funds from public and private sources including, but not limited to, gifts, grants and donations; (iii) fees generated by permits, licenses or other agreements relating to the use of the Middlesex Fells reservation that are not directed to the General Fund; and (iv) any interest earned on such money.
(b) Amounts credited to the fund shall be expended, without further appropriation, to advance recreational, educational and conservation interests including, but not limited to, the construction and maintenance of facilities and infrastructure improvements for the area within the Middlesex Fells reservation.
(c) The unexpended balance in the fund at the close of a fiscal year shall remain available for expenditure in subsequent fiscal years and shall not revert to the General Fund. No expenditure from the fund shall cause the fund to be in deficit at any point.
Section 42: Affirming Health Care Trust Fund
Chapter 111 of the General Laws is hereby amended by inserting after section 2J the following section:-
Section 2K. (a) As used in this section, the term "gender-affirming health care services" shall, unless the context clearly requires otherwise, mean all supplies, care and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative or supportive nature relating to the treatment of gender dysphoria.
(b) There shall be established and set up on the books of the commonwealth a non-budgeted special revenue fund known as the Affirming Health Care Trust Fund. The fund shall be administered by the commissioner. The fund shall be credited with: (i) appropriations or other money authorized by the general court and specifically designated to be credited to the fund; (ii) funds from public or private sources, including, but not limited to, gifts, grants, donations, rebates and settlements; (iii) interest earned on amounts in the fund; and (iv) any funds provided from other sources.
(c) Amounts credited to the fund shall be expended, without further appropriation, for gender-affirming health care services, including at institutions over which the commissioner has supervision and control pursuant to section 69E; provided, that the commissioner may also expend money in the fund to cover costs of medical malpractice liability and general liability insurance for health care providers involved in the provision of gender-affirming health care services and to support research relating to LGBTQ+ health promotion and gender-affirming health care services. The unexpended balance in the fund at the end of the fiscal year shall remain available for expenditure in subsequent fiscal years. No expenditure from the fund shall cause the fund to be in a deficit at any point.
(d) Annually, not later than October 1, the department shall report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on health care financing on the fund's activity. The report shall include, but shall not be limited to: (i) money received by the fund; (ii) anticipated amounts to be deposited into the fund for the forthcoming fiscal year; (iii) projections for expenditures in the forthcoming fiscal year; (iv) details of all expenditures from the fund; and (v) results from any research efforts supported by the fund.
Section 43: Residential Rental Broker Fees 1
Section 87DDD1/2 of chapter 112 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding the following 2 sentences:- A licensed broker or salesperson may solely contract with a prospective tenant to find rental residential real property for a tenant and present an offer to lease to the landlord or landlord's agent and negotiate on behalf of the tenant or may solely contract with a landlord or landlord's agent to find a tenant for a property. Any fee shall only be paid by the party, lessor or tenant who originally engaged and entered into a contract with the licensed broker or salesperson.
Section 44: Annuity Eligibility for Gold Star Spouses 1
Section 6B of chapter 115 of the General Laws is hereby amended by striking out, in lines 31 and 32, as so appearing, the words ", provided that surviving spouse does not remarry,".
Section 45: MassHealth Senior Care Options Initiative 1
Section 9D of chapter 118E of the General Laws is hereby amended by striking out, in line 21, as so appearing, the words "or MassHealth-only".
Section 46: MassHealth Senior Care Options Initiative 2
Said section 9D of said chapter 118E is hereby further amended by striking out, in line 31, as so appearing, the word "or" and inserting in place thereof the following word:- and.
Section 47: MassHealth Senior Care Options Initiative 3
Said section 9D of said chapter 118E is hereby further amended by striking out, in lines 55 and 56, as so appearing, the words "or only eligible for benefits under Title XIX of the Social Security Act".
Section 48: Nursing Facility Assessment
Section 63 of said chapter 118E, as so appearing, is hereby amended by striking out, in lines 27 and 28, the words "the lesser of $240,000,000, or an amount" and inserting in place thereof the following words:- an amount less than or.
Section 49: Benefits Owed to Foster Children (ABLE Accounts) 1
Section 23 of chapter 119 of the General Laws, as so appearing, is hereby amended by adding the following subsection:-
(j) The department shall comply with section 23D by providing benefit management services to children and young adults in the department's care, custody or responsibility, including eligibility screening, representative payee or fiduciary assistance, as defined in said section 23D, notice, benefits accounting, conservation of benefits and other services relative to benefits, as defined in said section 23D.
Section 50: Benefits Owed to Foster Children (ABLE Accounts) 2
Said chapter 119 is hereby further amended by inserting after section 23C the following section:-
Section 23D. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Benefits", (i) supplemental security income benefits under Title XVI of the Social Security Act; (ii) retirement, survivors or disability insurance benefits under Title II of the Social Security Act; and (iii) other federal benefits.
"Representative payee or fiduciary", any person or entity designated to receive benefits for a minor child or young adult under the agency rules governing such benefits.
(b) Not more than 60 days after a child is committed to the custody of the department including, but not limited to, placement in foster care under a voluntary placement agreement or court-ordered custody arrangement, the department shall make all reasonable efforts to identify whether the child is receiving or may be eligible to receive benefits. In reviewing eligibility, the department shall consult with the parents and other individuals who may have information about the child's eligibility. If the department determines, or has cause to believe, that the child may be eligible for benefits, it shall apply for benefits on the child's behalf. If the agency administering such benefits denies the application, the department may appeal the decision as permitted by the agency administering the benefits. The department shall review cases of children in foster care annually to determine whether the child may have become eligible for benefits after the initial assessment determined them to be ineligible or whether the child may be eligible for new benefits after the initial assessment. The department shall seek federal foster care reimbursement for a child only if such reimbursement will not impact the child's eligibility for benefits or the dollar amount of benefits.
(c) The department may apply to be the representative payee or fiduciary of a child under its care and custody if the child is already receiving benefits prior to entering the department's custody. The department may also apply to be the representative payee or fiduciary if the department is applying for benefits for the child. The department shall consider whether applying to become the child's representative payee or fiduciary under this section will undermine the goal of reunification and not be in the child's best interests.
(d) The department shall provide timely notice to counsel for a child in its care and custody and the counsel for the parent, parents or legal guardian or guardians of the child of: (i) the department's submission of an application for benefits on the child's behalf; (ii) the department's submission of a request to become the child's representative payee or fiduciary; (iii) the decision of an agency received by the department regarding benefits including denial, termination or reduction in benefits; (iv) the department's decision on whether to appeal an adverse benefits eligibility determination; (v) the outcome of any appeal filed in response to a benefits eligibility determination; and (vi) the department's receipt of any notice of an eligibility redetermination.
No notice shall be provided to a parent for whom a decree to dispense with consent to adoption has been entered under paragraph (4) of subsection (b) of section 26.
(e) The department shall maintain an accounting of a child's benefits when the department is the child's representative payee or fiduciary and shall make current accounting information available to the child's counsel electronically or by other means. The accounting information shall include: (i) the amount and source of benefits collected by the department and credited to any account maintained on behalf of the child; (ii) the balance of any account maintained on behalf of the child; (iii) any amounts deducted by the department and the reasons for the deductions; and (iv) information regarding all the child's assets and resources, including benefits, insurance, cash assets, trust accounts and earnings if such assets or resources are controlled by the department. The department shall provide such accounting information to the court at permanency hearings, at other court proceedings, as necessary, or upon request.
(f) The department shall not use a child's benefits to reimburse the commonwealth for the child's placement in foster care if the department is the child's representative payee or fiduciary. The department shall ensure that if the child is receiving supplemental security income benefits under Title XVI of the Social Security Act, any funds retained on the child's behalf are kept in a manner that does not exceed any federal asset or resource limit that would affect the child's eligibility to continue receiving such benefits. Benefits held by the department as a representative payee or fiduciary may be spent on the child's unmet needs, which would not ordinarily be funded by another source, subject to program rules for the use of such benefits, or otherwise conserved for the child. For a child who is a recipient of supplemental security income or other federal means-tested benefits with an asset or resource limit, the department shall conserve any funds that are above the federal asset or resource limits for such benefits in an Achieving a Better Life Experience (ABLE) account, authorized by 26 U.S.C. 529A, as amended or another account for the child determined not to interfere with federal asset or resource limits for any other federal means-tested benefit program. For a child who is not receiving supplemental security income or other federal means-tested benefits with an asset or resource limit, the department shall place excess funds in an interest-bearing account or other savings or investment vehicle for the benefit of the child. The department shall keep retroactive benefits received if the department is the child's representative payee or fiduciary as required by the program rules of the agency administering such benefits.
(g) The department shall take steps to conserve the benefits of children under its care and custody who are receiving benefits to assist them in the transition to adulthood and living independently. The department shall establish accounts as specified in subsection (f) in conserving a child's benefits. The department shall work actively with the agency administering such benefits and the child to ensure that when the child leaves foster care, becomes eligible for direct payment or another representative payee is identified, all payments of benefits or conserved funds will be: (i) returned to the agency following program rules; or (ii) upon agreement by the agency, if necessary, transferred to the child or to a new representative payee or fiduciary.
(h) The department shall provide a child under its care and custody who is not less than 14 years old and the child's legal counsel with ongoing financial information regarding the eligibility for benefits, as well as the existence, amount, availability, past use and limitations of funds conserved for the child; provided, however, that such information shall be tailored to the individual child based on age and other factors. For a youth not less than 17 years of age, financial information shall also include basic guidance on and assistance with understanding budgeting and money management, including checking and savings accounts, tailored to the youth.
(i) The department shall provide each child under its care and custody who has attained the age of 14 years with ongoing financial literacy training and support and tailored to the child based on age and other factors. Financial literacy and support may include, but not be limited to, information on: (i) budgeting; (ii) money management; (iii) informed decision-making; (iv) banking, checking and savings accounts; (v) credit card counseling; (vi) managing debt; (vii) planning for financial security and stability; (viii) financing options for post-secondary education or training; (ix) long term asset-building; and (x) available community and agency services. Financial literacy resources concerning the use of conserved funds shall also be made available to all parents, guardians and adoptive parents who gain access to funds conserved by the department.
(j) Annually, the department shall submit a report to the senate and house committees on ways and means, the joint committee on children, families and persons with disabilities, the clerks of the senate and house of representative and the secretary of administration and finance. The report shall include: (i) the numbers of children in the department's care and custody receiving benefits for which the department is the representative payee or fiduciary; (ii) the numbers of children in the department's care or custody who are receiving supplemental security income, retirement, survivors or disability insurance or other federal benefits; (iii) the dollar amount of benefits being conserved by the department; (iv) the number and type of accounts established by the department on behalf of such children; and (v) to the extent such data is available, the number of children in the department's care or custody: (A) who were screened for eligibility for benefits and whether such screening occurred within 60 days of being committed to the department's custody, and if not, the date of the screening and reason for the delay; (B) who were already receiving benefits after screening; and (C) for whom the department submitted applications for benefits, by type of application, and the outcome of those applications, including the number of appeals filed; provided, however, that if such data is not available, the department shall provide information regarding its ongoing efforts to gather and report upon such information.
(k) The department shall continue to administer the benefits of young adults aged 18 to 22, inclusive, for whom the department was previously appointed representative payee or fiduciary, subject to the same requirements set forth in subsections (b) to (i), inclusive, and subject to the young adult's consent. The department shall continue to provide financial literacy training under subsection (i) to young adults who become eligible for direct payment of benefits and continue to receive young adult services from the department.
(l) The department shall promulgate rules and regulations as necessary to implement this section.
Section 51: Liquor License Conversion Option
Chapter 138 of the General Laws is hereby amended by inserting after section 12C the following section:-
Section 12D. (a) In any city or town that accepts this section, the local licensing authority may allow any licensee that is licensed to sell only wines and malt beverages pursuant to section 12 to trade in said license and be issued a license to sell all alcoholic beverages pursuant to said section 12; provided, however, that any wine and malt beverage license that is traded in to the local licensing authority for an all alcoholic beverage license under this section shall become non-transferable upon the issuance of the license to sell all alcoholic beverages; provided further, that a license converted under this section shall be subject to all other relevant provisions of this chapter.
(b) The local licensing authority of a city or town that accepts this section may charge a reasonable fee that shall not be excessive for a license for wine and malt beverage to be traded in for an all alcoholic beverages license under this section.
(c) The local licensing authority of a city or town that accepts this section may establish additional requirements for a license for wine and malt beverage to be traded in for an all alcoholic beverages license under this section.
(d) A license for wine and malt beverage traded in for an all alcoholic beverages license under this section shall not increase the total number of licenses authorized pursuant to section 17 or any other general or special law.
Section 52: Fare-Free RTA
Chapter 161B of the General Laws is hereby amended by inserting after section 6 the following section:-
Section 6A. (a) Notwithstanding any general or special law to the contrary, an authority established pursuant to this chapter shall not, subject to appropriation, charge passenger fare for a trip on regularly scheduled fixed route service, or for a trip on complementary paratransit service that an authority is required to provide pursuant to the Americans with Disabilities Act, 42 U.S.C. 12143. The Massachusetts Department of Transportation shall, subject to appropriation, reimburse an authority for lost fare revenue attributable to providing fare-free service pursuant to this section.
(b) An authority shall collect and report ridership data to the Massachusetts Department of Transportation in such form and with such frequency as the department may prescribe.
(c) The Massachusetts Department of Transportation may promulgate regulations to implement this section.
Section 53: Insurers Insolvency Fund
Paragraph (2) of subsection (b) of section 12 of chapter 175D of the General Laws, as appearing in section 3 of chapter 389 of the acts of 2024, is hereby amended by striking out the word "insured", the first time it appears, and inserting in place thereof the following word:- insurer.
Section 54: Residential Rental Broker Fees 2
Section 15B of chapter 186 of the General Laws is hereby amended by inserting after the word "lessor", in line 16, as appearing in the 2022 Official Edition, the following words:- or agent of the lessor.
Section 55: Residential Rental Broker Fees 3
Said section 15B of said chapter 186 is hereby further amended by striking out, in line 17, as so appearing, the words "pay any" and inserting in place thereof the following words:- pay, to the lessor or to an agent of the lessor, any.
Section 56: Vital Records Outdated Language 4
Section 11 of chapter 209C of the General Laws is hereby amended by inserting after the word "file", in line 32, as so appearing, the following words:- with the department of public health a notarized rescission or file.
Section 57: Worcester County District Courts 1
Section 1 of chapter 218 of the General Laws, as so appearing, is hereby amended by striking out, in line 282, the words "Gardner, Petersham, Hubbardston and Westminster" and inserting in place thereof the following words:- Ashburnham, Gardner, Hubbardston, Petersham, Phillipston, Royalston, Templeton, Westminster and Winchendon.
Section 58: Worcester County District Courts 2
Said section 1 of said chapter 218, as so appearing, is hereby further amended by striking out, in lines 307 and 308, the words "The district court at Winchendon, held at Winchendon; Winchendon, Ashburnham, Phillipston, Royalston and Templeton.".
Section 59: East Norfolk District Court
Section 10 of said chapter 218, as most recently amended by section 153 of chapter 140 of the acts of 2024, is hereby further amended by adding the following paragraph:-
In the district court of East Norfolk, the clerk may designate 1 assistant clerk as an additional first assistant clerk for specialty courts. The salary of said assistant clerk shall be paid by the commonwealth in accordance with the job classification and pay plan established, subject to appropriation by the court administrator.
Section 60: Victim Compensation Program Transfer 2
The fifth paragraph of section 4 of chapter 258B of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out clauses (c) to (e), inclusive, and inserting in place thereof the following 5 clauses:-
(c) assist law enforcement agencies in familiarizing all of their officers and employees with the crime victims' rights as provided under this chapter. This assistance may include supplying informational literature on this subject to be utilized as part of the training curriculum for all trainee officers;
(d) assist all local law enforcement agencies in establishing procedures whereby expedient notification is given to victims and witnesses, as defined under this chapter, of the rights provided under this chapter. In municipalities which do not have a local law enforcement agency, the board shall establish procedures whereby it, in cooperation with the state police, shall give notice to victims of crimes as provided in this section;
(e) assume the management and administration of the Garden of Peace, a public memorial garden located on the plaza of 100 Cambridge street in the city of Boston to honor victims of homicide, to receive gifts or grants of money or property to assist the board in the maintenance and operation of the memorial and to establish an advisory committee which shall consist of individuals who have served on the board of directors of the Garden of Peace or other interested citizens appointed by the victim witness assistance board to provide ongoing advice to the board;
(f) administer the provisions of chapter 258C through the Massachusetts office for victim assistance; and
(g) have the authority to promulgate rules and regulations pursuant to chapter 30A as may be necessary to carry out this chapter.
Section 61: Victim Compensation Program Transfer 3
Section 1 of chapter 258C of the General Laws, as so appearing, is hereby amended by striking out the definition of "Catastrophic injury", and inserting in place thereof the following 2 definitions:-
"Agency", the Massachusetts office for victim assistance, which administers the provisions of chapter 258B on behalf of the victim and witness assistance board.
"Catastrophic injury", an injury that creates a permanent impairment for the victim, including: (i) a spinal cord injury involving paralysis; (ii) amputation of an arm, hand, foot or leg; (iii) severe brain injury; (iv) second or third degree burns on 25 per cent or more of the total body surface or third degree burns on 5 per cent or more of the face and hands; (v) total or functional loss of vision or hearing; (vi) severe communication, sensory or motor disturbances; or (vii) any other injury that would otherwise qualify pursuant to this chapter.
Section 62: Victim Compensation Program Transfer 4
Said section 1 of said chapter 258C, as so appearing, is hereby further amended by striking out the definition of "Department".
Section 63: Victim Compensation Program Transfer 5
Said section 1 of said chapter 258C, as so appearing, is hereby further amended by striking out, in lines 32, 64 and 65, the word "his" and inserting in place thereof, in each instance, the following words:- the victim's.
Section 64: Victim Compensation Program Transfer 6
Said section 1 of said chapter 258C, as so appearing, is hereby further amended by striking out the definition of "Division" and inserting in place thereof the following definition:-
"Director", the executive director of the Massachusetts office for victim assistance.
Section 65: Victim Compensation Program Transfer 7
Section 2 of said chapter 258C, as so appearing, is hereby amended by striking out, in lines 2, 9, 29, 40 and 41, the word "division" and inserting in place thereof, in each instance, the following word:- agency.
Section 66: Victim Compensation Program Transfer 8
Said section 2 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 17, the word "he", and inserting in place thereof the following words:- the claimant.
Section 67: Victim Compensation Program Transfer 9
Section 3 of said chapter 258C is hereby amended by striking out, in lines 27 and 28, as so appearing, the word "program".
Section 68: Victim Compensation Program Transfer 10
Said section 3 of said chapter 258C is hereby further amended by striking out, in lines 61 and 68, as so appearing, the word "he" and inserting in place thereof, in each instance, the following words:- the victim.
Section 69: Victim Compensation Program Transfer 11
Said section 3 of said chapter 258C is hereby further amended by striking out, in line 73, as so appearing, the word "his" and inserting in place thereof the following words:- the victim's.
Section 70: Victim Compensation Program Transfer 12
Said chapter 258C is hereby further amended by striking out section 4, as so appearing, and inserting in place thereof the following section:-
Section 4. (a) The agency shall administer the provisions of this chapter. The director may appoint and remove such investigative, legal, clerical or other staff as the work of the agency requires.
(b) The director may promulgate rules and regulations pursuant to chapter 30A as may be necessary to carry out the provisions of this chapter.
(c) The director may apply for and receive sums which may be transmitted to the victim compensation fund maintained by the treasurer and for any other funds as may become available to administer the requirements of this chapter.
Section 71: Victim Compensation Program Transfer 13
Section 5 of said chapter 258C, as so appearing, is hereby amended by striking out, in line 4, the word "he" and inserting in place thereof the following words:- the claimant.
Section 72: Victim Compensation Program Transfer 14
Said section 5 of said chapter 258C, as so appearing, is hereby further amended by striking out, in lines 6, 18, 20 and 26, the word "division" and inserting in place thereof, in each instance, the following word:- agency.
Section 73: Victim Compensation Program Transfer 15
Said section 5 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 22, the words "division shall" and inserting in place thereof the following words:- agency, through the attorney general, shall.
Section 74: Victim Compensation Program Transfer 16
Said section 5 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 33, the word "him" and inserting in place thereof the following word:- the person.
Section 75: Victim Compensation Program Transfer 17
Said section 5 of said chapter 258C, as so appearing, is hereby further amended by striking out, in lines 33 and 34, the words "attorney general may" and inserting in place thereof the following words:- agency, through the attorney general, may.
Section 76: Victim Compensation Program Transfer 18
Section 6 of said chapter 258C, as so appearing, is hereby amended by striking out, in line 2, the word "division", and inserting in place thereof the following word:- agency.
Section 77: Victim Compensation Program Transfer 19
Said chapter 258C is hereby further amended by striking out section 7, as so appearing, and inserting in place thereof the following section:-
Section 7. Within 15 days of completion of the claims review, the director shall notify the claimant of compensation to be paid or denied and the reasons therefor and issue payment in accordance with regulations established under this chapter. The notice shall contain information regarding the right of the claimant to petition for judicial review of the decision by the director.
Section 78: Victim Compensation Program Transfer 20
Section 8 of said chapter 258C, as so appearing, is hereby amended by striking out, in lines 2, 4, 5, 8, 11 and 16, the word "program".
Section 79: Victim Compensation Program Transfer 21
Said section 8 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 5, the word "his" and inserting in place thereof the following words:- the director's.
Section 80: Victim Compensation Program Transfer 22
Section 9 of said chapter 258C, as so appearing, is hereby amended by striking out, in lines 2, 6, 9, 11 and 42, each time it appears, the word "program".
Section 81: Victim Compensation Program Transfer 23
Said section 9 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 12, the word "his" and inserting in place thereof the following words:- the director's.
Section 82: Victim Compensation Program Transfer 24
The first paragraph of subsection (e) of said section 9 of said chapter 258C, as so appearing, is hereby amended by striking out the fourth and fifth sentences and inserting in place thereof the following 2 sentences:- The clerk of the court shall immediately notify the claimant in writing of the decision and shall forward to the agency a certified copy of the decision. The agency without further authorization shall, subject to appropriation, pay the claimant the amount determined by the court.
Section 83: Victim Compensation Program Transfer 25
Said section 9 of said chapter 258C, as so appearing, is hereby further amended by striking out, in lines 33, 34, 37, 40 and 41, the word "his" and inserting in place thereof, in each instance, the following words:- the victim's.
Section 84: Victim Compensation Program Transfer 26
Section 11 of said chapter 258C, as so appearing, is hereby amended by striking out, in lines 6 and 7, the words "attorney general" and inserting in place thereof, in each instance, the following word:- agency.
Section 85: Victim Compensation Program Transfer 27
Said section 11 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 7, the words "attorney general may" and inserting in place thereof the following words:- agency, through the attorney general, may.
Section 86: Victim Compensation Program Transfer 28
Said section 11 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 8, the word "he".
Section 87: Victim Compensation Program Transfer 29
Section 12 of said chapter 258C, as so appearing, is hereby amended by striking out, in line 4, the word "division" and inserting in place thereof the following word:- agency.
Section 88: Victim Compensation Program Transfer 30
Said section 12 of said chapter 258C, as so appearing, is hereby further amended by striking out, in line 15, the words "attorney general may" and inserting in place thereof the following words:- agency, through the attorney general, may.
Section 89: Victim Compensation Program Transfer 31
Said chapter 258C is hereby further amended by adding the following section:-
Section 15. (a) Except as otherwise provided in this section, all records and information received, obtained or maintained by the agency in connection with any claim for crime victim compensation shall be confidential and privileged. All records and information shall not be disclosed by the agency or by anyone who receives such records or information from the agency.
(b) Nothing in this section shall preclude disclosure of records or information:
(i) for the processing of a claim by the agency or responding to an action in court seeking review of a decision by the agency;
(ii) consisting of information exchanged between the claimant or the claimant's authorized representative and the agency if the claimant or the claimant's authorized representative consents to such disclosure in writing; or
(iii) upon an order issued by a court of competent jurisdiction.
Section 90: Lowell Housing 1
Section 2 of chapter 193 of the acts of 2000, as appearing in section 1 of chapter 97 of the acts of 2002, is hereby further amended by striking out the figure "45", each time it appears, and inserting in place thereof, in each instance, the following figure:- 40.
Section 91: Lowell Housing 2
The second sentence of section 3 of said chapter 193, as so appearing, is hereby further amended by striking out the figure "180" and inserting in place thereof the following figure:- 187.
Section 92: Lowell Housing 3
Said second sentence of said section 3 of said chapter 193, as so appearing, is hereby further amended by striking out the figure "81" and inserting in place thereof the following figure:- 75.
Section 93: Master Tobacco Settlement Agreement Repeal
Section 152 of chapter 68 of the acts of 2011 is hereby repealed.
Section 94: Prescription Drug Discounts
Section 226 of chapter 139 of the acts of 2012 is hereby amended by striking out the figure "2026", inserted by section 111 of chapter 126 of the acts of 2022, and inserting in place thereof the following figure:- 2031.
Section 95: APRA Tech Fix
Item 1599-2050 of section 2A of chapter 102 of the acts of 2021, as amended by section 50 of chapter 42 of the acts of 2022, is hereby further amended by striking out the words "Allen Avenue school" and inserting in place thereof the following words:- 451 Elm street, North Attleboro.
Section 96: Health Connector Pilot Extension 1
Section 81 of chapter 28 of the acts of 2023 is hereby amended by striking out the word "2-year", each time it appears, and inserting in place thereof, in each instance, the following word:- 3-year.
Section 97: Health Connector Pilot Extension 2
Subsection (d) of said section 81 of said chapter 28 is hereby amended by striking out the words "and July 1, 2026" and inserting in place thereof the following words:- , and all subsequent annual reports shall be submitted not later than July 1 of each year thereafter.
Section 98: Health Connector Pilot Extension 3
Section 114 of said chapter 28 is hereby amended by striking out the figure "2026" and inserting in place thereof the following figure:- 2027.
Section 99: Wellesley PAC
Item 1599-0026 of section 2 of chapter 140 of the acts of 2024 is hereby amended by inserting after the word "Wellesley" the following words:- and such funds shall be made available until June 30, 2026.
Section 100: State Seal and Motto Commission Extension
Item 7008-0900 of said section 2 of said chapter 140 is hereby amended by striking out the words "12 months after the effective date of this act" and inserting in place thereof the following words:- December 15, 2025.
Section 101: Allston-Brighton Community Development Corporation PAC - Insides
Item 7010-1192 of said section 2 of said chapter 140, as amended by section 122 of chapter 248 of the acts of 2024, is hereby further amended by inserting after the word "Boston", the third time it appears, the following words:- and such funds shall be made available until June 30, 2026.
Section 102: Revolutionary Spaces Tech Fix
Item 1599-1017 of section 2A of chapter 238 of the acts of 2024 is hereby amended by striking out the words "provided further, that not less than $2,500,000 shall be expended to the city of Boston for the construction planning, capital projects and deferred maintenance by Revolutionary Spaces, Inc. at the Old State House and Old South Meeting House" and inserting in place thereof the following words:- provided further, that not less than $2,500,000 shall be expended to Revolutionary Spaces, Inc. for construction planning, capital projects and deferred maintenance at the Old State House and Old South Meeting House.
Section 103: Civil Service Law Exemptions
Said chapter 238 is hereby further amended by striking out section 284 and inserting in place thereof the following section:-
Section 284. Notwithstanding chapter 31 of the General Laws or any other general or special law to the contrary, a city or town, on behalf of which legislation has been duly filed with the general court between January 4, 2023 and July 31, 2024, inclusive, relative to the participation in civil service of the police or fire department of the city or town or any or all positions within said police or fire department, and which includes a documented local approval as acknowledged by the clerk of the senate or house of representatives, may enact any such exemption, including, but not limited to, a procedural exemption related to hiring practices, as specified within such legislation without the need for any further action by the general court on such legislation; provided, however, that any city or town that seeks an exemption pursuant to this section shall submit a letter indicating that the city or town still seeks such exemption from said chapter 31 to the personnel administrator of the division of human resources within the executive office for administration and finance, the joint committee on public service and the chair of the civil service commission duly signed by: (i) the mayor or city manager, in the case of a city, or the chair of the select board or town manager, in the case of a town; and (ii) the police chief or fire chief, as applicable, of the department seeking exemption; provided further, that any such letter shall be received by the personnel administrator of the division of human resources in proper form not later than February 15, 2025; provided further, that the appropriate exemption for which such letter is so submitted shall take effect on March 1, 2025; provided further, that the personnel administrator shall reconsider and approve any request for exemption outlined in such letter which previously received an adverse determination of eligibility on the basis of the scope of the local approval as soon as practicable but not later than August 30, 2025; and provided further, that an exemption approved after reconsideration shall be effective as of March 1, 2025.
Section 104: FY26 Gaming Revenue Distribution
Notwithstanding section 59 of chapter 23K of the General Laws or any other general or special law to the contrary, 100 per cent of the revenue received from a category 1 licensee, as defined in section 2 of said chapter 23K, pursuant to subsection (a) of section 55 of said chapter 23K, in fiscal year 2026 shall be transferred as follows:
(i) 30.1 per cent to the Gaming Local Aid Fund established in section 63 of said chapter 23K;
(ii) 20.6 per cent to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws;
(iii) 19.4 per cent to the Education Fund established in section 64 of said chapter 23K;
(iv) 13.2 per cent to the Gaming Economic Development Fund established in section 2DDDD of said chapter 29;
(v) 6.2 per cent to the Local Capital Projects Fund established in section 2EEEE of said chapter 29;
(vi) 5 per cent to the Public Health Trust Fund established in section 58 of said chapter 23K;
(vii) 2.5 per cent to the Race Horse Development Fund established in section 60 of said chapter 23K;
(viii) 2 per cent to the Massachusetts Cultural and Performing Arts Mitigation Trust Fund established in section 2HHHHH of said chapter 29; and
(ix) 1 per cent to the Massachusetts Tourism Trust Fund to fund tourist promotion agencies under subsection (b) of section 13T of chapter 23A of the General Laws.
Section 105: Crumbling Concrete Stakeholder Working Group
The secretary of housing and livable communities shall convene a stakeholder working group to make recommendations for any regulatory and legislative changes necessary to comprehensively address the remediation of residential property foundations that have deteriorated due to the presence of pyrite or pyrrhotite. The working group shall include: the secretary of housing and livable communities or a designee who shall serve as chair; the secretary of transportation or a designee; the undersecretary of consumer affairs and business regulation or a designee; the commissioner of insurance or a designee; the commissioner of banks or a designee; 2 members appointed by the attorney general who shall have experience in advocating for homeowners and consumers; the house and senate chairs and house and senate ranking minority members of the joint committee on financial services; 2 representatives of the Massachusetts Residents Against Crumbling Foundations; a representative of the Massachusetts Concrete & Aggregate Producers Association, Inc; a representative of the Massachusetts Municipal Association, Inc.; a representative of the Massachusetts Insurance Federation, Inc.; and a representative of the Massachusetts Mortgage Bankers Association, Inc.
The working group shall examine: (i) which executive office, department, agency or bureau within an executive office, if any, is best equipped to administer a program to assist residential property owners impacted by the presence of pyrite or pyrrhotite or which executive office or department is best equipped to oversee a new agency or bureau; (ii) relevant models to assist impacted homeowners including, but not limited to, a captive insurance company, a supplemental loan program, an interstate agreement with a captive insurance company with expertise in assessing residential property foundation claims, property tax abatement and waiving local and state permit fees; (iii) models to assist impacted homeowners including, but not limited to: (A) insurance surcharges on certain homeowners' insurance policies which shall not exceed $12 annually and when and on which policies the surcharge would apply; and (B) other sources of state and federal funding opportunities; and (iv) methods to improve consumer protection through means including disclosures, appointment of a homeowner advocate within a department, agency or bureau to assist impacted homeowners and consumer education.
The working group shall submit its report and any recommendations to the clerks of the senate and house of representatives, the joint committee on environment and natural resources, the joint committee on housing and the senate and house committees on ways and means not later than March 31, 2026.
Section 106: Housing Construction Sales Tax Study
The executive office of housing and livable communities, in consultation with the department of revenue, shall study the feasibility and efficacy of a housing construction sales tax exemption program or other form of state support for multifamily housing projects that are stalled or at risk of being stalled due to increased cost of materials associated with federal tariffs or other economic volatility for which there are no state or federal subsidies available. The executive office shall submit a report on its findings which shall include recommendations regarding potential cost and how such a program would achieve statewide housing affordability goals. The report shall consider construction cost variation across regions of the commonwealth, including in geographically isolated communities. The report shall be filed with the clerks of the senate and the house of representatives, the joint committee on housing, the joint committee on revenue and the house and senate committees on ways and means not later than January 1, 2026.
Section 107: Multifamily Housing Project Inspection Study
The executive office of housing and livable communities, in consultation with the office of public safety and inspections and the state board of building regulations and standards, shall study the feasibility and efficacy of allowing licensed third-party inspectors to conduct inspections of manufactured housing, off-site construction and multifamily housing projects. The executive office shall submit a report on its findings which shall include training recommendations and licensure guidelines and processes. The report shall be filed with the clerks of the senate and the house of representatives, the joint committee on housing, the joint committee on revenue and the house and senate committees on ways and means not later than January 1, 2026.
Section 108: Local Property Tax Exemption Study
The executive office of housing and livable communities, in consultation with the executive office for administration and finance, the division of local services and the department of revenue, shall study the feasibility and impact of allowing municipalities, by local option, to exempt new affordable housing developments from paragraphs (b) and (f) of section 21C of chapter 59 of the General Laws. The study shall include, but not be limited to: (i) potential revenue benefits; (ii) potential new affordable housing units created; (iii) the impact of allowing municipalities, by local option, to exempt new affordable housing developments at multipliers of 5 and 10 times the value prescribed in said paragraphs (b) and (f) of said section 21C of said chapter 59; (iv) the impact on housing developments with different percentages of affordable units; (v) the impact of requiring affordability thresholds to qualify for such exemptions; and (vi) a comparison of potential impacts across different municipalities. The executive office of housing and livable communities shall submit a report of its findings to the clerks of the senate and house of representatives, the joint committee on housing, the joint committee on revenue and the house and senate committees on ways and means not later than March 1, 2026.
Section 109: Telehealth Task Force
(a) The executive office of health and human services shall establish a task force to address barriers and impediments to the practice of telehealth across state lines. The task force shall consist of the following 9 members: the secretary of the executive office of health and human services or a designee, who shall serve as chair; the commissioner of the department of public health or a designee; the commissioner of the department of mental health or a designee; the executive director of the board of registration in medicine or a designee; the undersecretary of the office of consumer affairs and business regulation or a designee; a representative from the health policy commission; a representative from the Massachusetts Medical Society; a representative from the Massachusetts Health and Hospital Association; and a representative from the Massachusetts League of Community Health Centers.
(b)(1) The task force shall conduct an analysis and issue a report evaluating the commonwealth's options to facilitate appropriate interstate medical practice and the practice of telemedicine, including, but not limited to, consideration of the recommendations from the Federation of State Medical Boards Workgroup on telemedicine, the Telehealth Act developed by the Uniform Law Commission, model legislation developed by the American Medical Association, the interstate medical licensure compact and other licensure reciprocity agreements.
(2) The analysis and report shall include, but shall not be limited to: (i) an analysis of physician job vacancies in the commonwealth broken down by practice specialization and projected vacancies based on the demographics of the commonwealth's physician workforce and medical school graduate retention rates; (ii) an analysis of other states' entry into the interstate medical licensure compact and any impact on quality of care resulting from entry; (iii) an analysis of the ability of physicians to provide follow-up care across state lines, including via telehealth; (iv) an analysis of registration models for providers who may provide care for patients via telehealth with the provider located in 1 state and the patient located in another state; provided, that said analysis shall include delineation of provider responsibilities for registration and reporting to state professional licensure boards; (v) an analysis of impacts to health care quality, cost and access resulting from other states' entry into a medical licensure compact and anticipated impacts to health care quality, cost and access associated with entry into an interstate medical licensure compact; (vi) evaluations of barriers and solutions regarding prescribing across state lines; (vii) evaluations of the feasibility of a regional reciprocity agreement allowing telemedicine across state lines both for existing patient provider relationships and the establishment of new relationships; (viii) evaluations of the feasibility of the establishment of interstate proxy credentialing; and (ix) recommendations to support the continuity of care for patients utilizing telehealth across state lines, including, but not limited to, recommendations to support the continuity of care for people aged 25 and under when providing telehealth across state lines.
(c) The task force shall submit its report, including any recommendations, to the clerks of the house of representatives and the senate and the joint committee on health care financing not later than July 1, 2026.
Section 110: Secure Choice 3
(a) Upon implementation of the Massachusetts secure choice savings program established pursuant to section 64H of chapter 29 of the General Laws, inserted by section 23, the Massachusetts secure choice savings board established pursuant to section 64G of said chapter 29, inserted by said section 23, shall provide written confirmation to the department of revenue.
(b) Upon receipt of the notice pursuant to subsection (a), the department of revenue shall immediately make publicly available a notice informing employers of the requirements of the Massachusetts secure choice savings program. The notice shall inform employers that rather than enrolling employees in the program, employers may sponsor an alternative plan, including, but not limited to, a defined benefit plan, a 401(k) plan, a Simplified Employee Pension (SEP) plan or a Savings Incentive Match Plan for Employees (SIMPLE) plan.
(c) Notwithstanding section 64J of chapter 29 of the General Laws, inserted by section 23, no penalty shall be assessed against an employer for noncompliance with section 64I of said chapter 29, inserted by said section 23, until 1 year after the department of revenue issues the notice required pursuant to subsection (b).
Section 111: PCA Working Group Extension
(a) The working group established pursuant to item 4000-0601 of section 2 of chapter 140 of the acts of 2024 shall continue to develop recommendations, in addition to those filed in the personal care attendant working group report finalized on February 28, 2025, for the long-term sustainability of the personal care attendant program, including, but not limited to, cost growth targets and how to achieve those targets for the program. Said recommendations shall be filed with the secretary of administration and finance and the house and senate committees on ways and means not later than November 28, 2025.
(b)(1) The executive office of health and human services shall establish an implementation plan to preserve and allow for the long-term sustainability and cost containment of the personal care attendant program. The implementation plan shall include, but shall not be limited to: (i) a detailed description of how the recommendations from the February 28, 2025 report and the report required pursuant to subsection (a) will be implemented, including, but not limited to: (A) any actions already taken to implement the recommendations and the dates on which said actions were taken; and (B) future actions needed to implement the recommendations; (ii) savings realized and anticipated from the implementation of the recommendations from the reports with a detailed description of any changes or adjustments from projected savings included in said reports; (iii) a timeline for the implementation of said recommendations; (iv) the program's growth rate in fiscal year 2026 as of December 15, 2025; (v) any additional changes to the program necessary to contain the program costs consistent with the goals of the working group and the cost growth targets determined by the working group pursuant to subsection (a); and (vi) any other information necessary to explain cost containment measures to be implemented for the program. Said implementation plan shall be filed with the secretary of administration and finance and the house and senate committees on ways and means not later than January 1, 2026.
(2) Not later than March 7, 2026, the executive office of health and human services shall submit an update on the progress of the implementation of the recommendations of the reports pursuant to subsection (a) and said report finalized February 28, 2025 and any other actions taken to preserve and allow for the long-term sustainability and cost containment of the personal care attendant program. The update on the progress of the implementation shall outline the impact of the cost growth targets and how those targets are being achieved. The report shall be submitted to the secretary of administration and finance and the house and senate committees on ways and means.
Section 112: Pappas Rehabilitation Hospital Commission
(a) There shall be established a special legislative commission, pursuant to section 2A of chapter 4 of the General Laws, to conduct a comprehensive investigation and study into the future of the Pappas Rehabilitation Hospital for Children, as designated in chapter 87 of the acts of 2016, formerly known as the Massachusetts hospital school. The investigation and study shall include, but shall not be limited to, a review of the hospital's finances, programs, pediatric services and infrastructure.
(b) The special legislative commission shall be comprised of: the chairs of the joint committee on public health, who shall serve as co-chairs; 1 member appointed by the president of the senate; 1 member appointed by the speaker of the house of representatives; the commissioner of the department of public health, or their designee; the commissioner of the department of elementary and secondary education, or their designee; the commissioner of the division of capital asset management and maintenance, or their designee; and 6 members to be appointed by the governor, 1 of whom shall be recommended by the select board of the town of Canton, 1 of whom shall be the parent of a current patient at the Pappas Rehabilitation Hospital for Children, 1 of whom shall be a member of the Massachusetts Nurses Association currently employed at the Pappas Rehabilitation Hospital for Children, 1 of whom shall be a member of the Service Employees International Union currently employed at the Pappas Rehabilitation Hospital for Children, 1 of whom shall be a pediatrician licensed to practice medicine in the commonwealth and 1 of whom shall be a person with experience in health care finance and management.
(c) Notwithstanding any general or special law to the contrary, services provided to patients of the Pappas Rehabilitation Hospital for Children shall not be reduced or eliminated, nor shall the Pappas Rehabilitation Hospital for Children be closed or consolidated with any other facility until the completion of the report pursuant to subsection (d).
(d) The special legislative commission shall submit a report of its findings and recommendations, if any, to the clerks of the house of representatives and the senate not later than December 31, 2026.
Section 113: Payment of Wages of Certain Nonprofit Organizations
Nonprofit institutions of higher education and nonprofit organizations that comprise a health care delivery system shall be immune from liability with regard to any claim or cause of action seeking a legal or equitable remedy or other relief commenced between July 1, 2024 and September 30, 2028, inclusive, that alleges that the institution's or organization's payment of wages on a monthly basis or pursuant to any written policy, schedule, or agreement presented or made available to an employee concerning payment for work performed over an academic term violated section 148 of chapter 149 of the General Laws; provided, however, that earned wages shall have been paid in full within 6 days of the termination of a pay period occurring: (i) on a monthly basis; or (ii) pursuant to any written policy, schedule or agreement presented to an employee concerning payment for work performed over a specific period or an academic term.
Section 114: Special Education Out-of-State Tuition Rates
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 2026 by increasing the final fiscal year 2025 price by the rate of inflation as determined by the division. The division shall adjust prices for extraordinary relief pursuant to 808 CMR 1.06(4). The division shall accept applications for program reconstruction and special circumstances in fiscal year 2026. The division shall authorize the fiscal year 2026 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.
Section 115: Tourism Marketing and Promotion Grant Distribution 1
Notwithstanding any general or special law to the contrary, grants from the amounts collected pursuant to subsection (a) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2026 shall be distributed not later than December 1, 2025 pursuant to a transfer schedule determined by the executive office for administration and finance.
Section 116: Tourism Marketing and Promotion Grant Distribution 2
Notwithstanding any general or special law to the contrary, grants from the amounts collected pursuant to subsection (b) of section 13T of chapter 23A of the General Laws allocated to regional tourism councils pursuant to clause (ii) of subsection (d) of said section 13T of said chapter 23A for fiscal year 2025 shall be distributed not later than December 1, 2025 pursuant to a transfer schedule as determined by the executive office for administration and finance.
Section 117: Excess Capital Gains
Notwithstanding any general or special law to the contrary, the comptroller shall transfer capital gains collected in excess of the threshold under section 5G of chapter 29 of the General Laws on a quarterly basis as follows: (i) 90 per cent to the Commonwealth's Pension Liability Fund established in subsection (e) of subdivision (8) of section 22 of chapter 32 of the General Laws, which shall satisfy the fiscal year 2026 requirements set forth in subdivision (1) of section 22C of said chapter 32; (ii) 5 per cent to the Commonwealth Stabilization Fund established in section 2H of chapter 29 of the General Laws; and (iii) 5 per cent to the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws.
Section 118: COVID-19 Allotments
Notwithstanding any general or special law to the contrary, the secretary of administration and finance may reduce the allotments of appropriations made in chapter 102 of the acts of 2021 and chapter 268 of the acts of 2022 by not more than $350,000,000, which shall revert to the General Fund in the fiscal year ending June 30, 2026. Not less than 15 days prior to reducing said allotments, the secretary shall provide written notice to the senate and house committees on ways and means summarizing the allotment reduced pursuant to this section.
Section 119: FY26 RTA Funding Formula
Notwithstanding any general or special law to the contrary, for fiscal year 2026, $115,000,000 shall be considered operating assistance and distributed to regional transit authorities from item 1595-6370 of section 2E. For fiscal year 2026, $94,000,000 of the amount transferred in item 1595-6370 shall be distributed based on fiscal year 2025 distributions in accordance with the updated fiscal year 2025 bilateral memorandum of understanding between each regional transit authority and the Massachusetts Department of Transportation; provided, however, that each regional transit authority shall receive operating assistance from said item 1595-6370 of said section 2E of not less than the amount received in fiscal year 2025; and provided further, that not less than $3,500,000 shall be distributed to each regional transit authority based on the following formula: (i) 60 per cent based on total transit ridership as reported on the most recent certified national transit data base report; (ii) 30 per cent based on the population of its member communities from the most recent census; and (iii) 10 per cent based on service coverage area determined by the total square miles of its member communities. The department may require each regional transit authority to provide data on ridership, customer service and satisfaction, asset management and financial performance, including farebox recovery, and shall compile any such collected data into a report on the performance of regional transit authorities and detail each authority's progress towards meeting the performance metrics established in each memorandum of understanding.
Section 120: Pension COLA
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 rules that shall be adopted by the state treasurer. The state treasurer may make payments upon a transfer of funds to reimburse certain cities and towns for pensions of retired teachers, including any other obligation that the commonwealth has assumed on behalf of a retirement system other than the state employees' retirement system or state teachers' retirement system, including the commonwealth's share of the amounts to be transferred pursuant to section 22B of said chapter 32. The payments under this section shall be made only pursuant to distribution of money from the Commonwealth's Pension Liability Fund and any distribution, and the payments for which distributions are required, shall be detailed in a written report prepared quarterly by the secretary of administration and finance and submitted to 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. 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 said section 22 of said chapter 32 to reduce the unfunded pension liability of the commonwealth.
Section 121: OPEB Liability
Notwithstanding any general or special law to the contrary, the unexpended balances in items 0699-0015 and 0699-9100 of section 2 shall be deposited into the State Retiree Benefits Trust Fund established in section 24 of chapter 32A of the General Laws before the certification of the fiscal year 2026 consolidated net surplus, pursuant to section 5C of chapter 29 of the General Laws. The amount deposited shall be an amount equal to 10 per cent of all payments received by the commonwealth in fiscal year 2026 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 2026 the unexpended balances of said items 0699-0015 and 0699-9100 of said section 2 are less than 10 per cent of all payments received by the commonwealth in fiscal year 2026 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.
Section 122: CNS Transfer to Disaster Relief and Resiliency Fund
Notwithstanding any general or special law to the contrary, prior to transferring the consolidated net surplus in the budgetary funds for fiscal year 2026 to the Commonwealth Stabilization Fund pursuant to section 5C of chapter 29 of the General Laws, the comptroller shall transfer $14,000,000 from the General Fund to the Disaster Relief and Resiliency Fund established in section 2HHHHHH of said chapter 29.
Section 123: Castle Island and Marine Park Trust Fund Transfer
Notwithstanding any general or special law to the contrary, any funds previously transferred to or existing in the Castle Island and Marine Park Trust Fund shall be transferred to the Old Harbor Reservation Trust Fund established in section 35III of chapter 10 of the General Laws.
Section 124: Expanded Medicare Savings Program Transfer
Notwithstanding any general or special law to the contrary, the secretary of administration and finance, in consultation with the secretary of health and human services, may transfer not more than $15,000,000 from the prescription advantage program in item 9110-1455 of section 2 and the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws in fiscal year 2026 to support the Medicare Saving or Medicare Buy-In programs established in section 25A of said chapter 118E; provided, however, that the secretary of health and human services shall certify to the house and senate committees on ways and means, not less than 45 days in advance of the transfer, in writing, the amount to be transferred and an explanation of the amount of expected savings to those programs resulting from the transfer.
Section 125: Health Safety Net Administration
Notwithstanding any general or special law to the contrary, payments from the Health Safety Net Trust Fund established in section 66 of chapter 118E of the General Laws may be made either as safety net care payments under the commonwealth's waiver pursuant to section 1115 of the federal Social Security Act, 42 U.S.C. 1315, or as an adjustment to service rate payments under Titles XIX and XXI of the federal Social Security Act or a combination of both. Other federally permissible funding mechanisms available for certain 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 pursuant to said section 66 and section 69 of said chapter 118E using sources distinct from the funding made available to the Health Safety Net Trust Fund.
Section 126: Initial Gross Payments to Acute Care Hospitals
Notwithstanding any general or special law to the contrary, not later than October 1, 2025, 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, for the purposes of making initial gross payments to qualifying acute care hospitals for the hospital fiscal year beginning October 1, 2025. 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. Not later than June 30, 2026, the comptroller shall transfer from the Health Safety Net Trust Fund to the General Fund the amount of the transfer authorized by this section and any allocation of that amount as certified by the director of the health safety net office established in section 65 of said chapter 118E.
Section 127: Inspector General Health Care Audit
Notwithstanding any general or special law to the contrary, in hospital fiscal year 2026, the office of the inspector general may expend not more than $1,000,000 from the Health Safety Net Trust Fund established in 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 hospitals, including, but not limited to, the care of the uninsured and the resulting free charges. The unit shall also study and review the Medicaid program pursuant to said chapter 118E, including, but not limited to, a review of the program's eligibility requirements, utilization, claims administration and compliance with federal mandates. The inspector general shall submit a report to the chairs of the house and senate committees on ways and means on the results of the audits and any other completed analyses not later than March 1, 2026.
Section 128: Nursing Facility Base Year
Notwithstanding any general or special law to the contrary, nursing facility rates effective on October 1, 2025, pursuant to section 13D of chapter 118E of the General Laws, may be developed using the costs of calendar year 2019.
Section 129: Transfers Between Health Funds
Notwithstanding any general or special law to the contrary, the comptroller, at the direction of the secretary of administration and finance, may transfer up to $15,000,000 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.
Section 130: Annuity Eligibility for Gold Star Spouses 2
Notwithstanding section 6B of chapter 115 of the General Laws or any other general or special law to the contrary, payments under said section 6B of said chapter 115 to a spouse who has remarried prior to July 1, 2025 shall be calculated based on an initial date of eligibility of July 1, 2025.
Section 131: Benefits Owed to Foster Children (ABLE Accounts) 3
The department of children and families shall promulgate regulations as necessary to implement section 23D of chapter 119 of the General Laws not more than 90 days after the effective date of this act.
Section 132: Housing Production Dashboard Effective Date
The dashboard required under subsection (e) of section 1 of chapter 23B of the General Laws shall be operational not later than December 31, 2026. The initial publication of the dashboard shall include complete data on all projects approved on or after January 1, 2023 and may include any prior project history as determined by the executive office of housing and livable communities.
Section 133: Campaign Funds for Adult-Care Services 3
The director of campaign and political finance shall promulgate regulations for the implementation of section 33 not later than October 1, 2025.
Section 134: Electronic Motor Vehicle Certificates of Title 4
Not later than January 1, 2026, the registrar of motor vehicles shall promulgate regulations to implement the last 2 paragraphs of section 24 of chapter 90D of the General Laws, inserted by section 39.
Section 135: Senior Care, MCAD Modernization, and Elec. Motor Vehicle Title Effective Date
Sections 4, 5, 38, 39, 40, 45 to 47, inclusive, and section 134 shall take effect on January 1, 2026.
Section 136: Broker Fees and Estate Tax Clarifications Effective Date
Sections 35, 43, 54 and 55 shall take effect on August 1, 2025.
Section 137: Benefits Owed to Foster Children (ABLE Accounts) Effective Date
Subsections (d), (h) and (i) of section 23D of chapter 119 of the General Laws shall take effect on January 1, 2027; provided, however, that the department of children and families shall make best efforts to ensure compliance with said subsections (d), (h) and (i) of said section 23D of said chapter 119 as of the effective date of this act.
Section 138: Effective Date
Except as otherwise specified, this act shall take effect on July 1, 2025.