Amendment #812 to H4100

Greater accountability for non-profits

Representatives Winslow of Norfolk and Durant of Spencer moves to amend the bill by inserting at the end thereof the following sections:-

 

"Section XX. Limiting nonprofit corporation and public charity salaries.

 

SECTION 1.  Chapter 180 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following section:-

 

Section 30. (a) A nonprofit corporation incorporated under the laws of the commonwealth and subject to this chapter or a public charity holding funds subject to the provisions of section 8 of chapter 12 that receives any public funds from the commonwealth equal to or greater than 50 percent of such nonprofit or public charity’s yearly budget shall be subject to the provisions of this section; provided, however that a non-profit hospital corporation organized under chapter 176A shall not be subject to this section.

(b) The annual compensation of the directors, officers and employees of a nonprofit corporation or public charity governed by this section shall not exceed the salary authorized for the office of governor of the commonwealth, unless the secretary of the executive office of administration and finance certifies in writing that annual compensation in excess of that amount is necessary for the provision of the contracted services.

 

SECTION 2.   Notwithstanding any general or special law to the contrary, a nonprofit corporation incorporated under the laws of the commonwealth and subject to chapter 180 of the General Laws or a public charity holding funds subject to the provisions of section 8 of chapter 12 of the General Laws receiving any public funds from the commonwealth which are equal to or greater than 50 per cent of such nonprofit or public charity’s yearly budget shall file with the state secretary the amount of the annual compensation of its directors, officers and employees for each calendar year on or before March 31, of the following year.   For the purposes of this section, compensation shall include salary, bonus and incentive pay, deferred compensation and nontaxable level benefits.

 

SECTION 3. The state inspector general shall oversee compliance with this chapter.

 

SECTION 4.  Subsection (b) of section 30 of chapter 180 of the General Laws shall take effect January 1, 2013.”