Budget Amendment ID: FY2012-S3-47-R1
Redraft OTH 47
Corrective Amendment
Mr. Brewer moved that the proposed new text be amended in section 2, in item 0321-1500, by striking out, in line 2, the words “begin the process of moving toward” and inserting in place thereof the following words:- “develop and implement”; and
in said section 2, in said item 0321-1500, by striking out, in line 3, the word “are” and inserting in place thereof the following words:- “shall be”; and
in said section 2 by striking out item 0340-2100 and inserting in place thereof the following item:-
“0340-2100 For the operation of the Massachusetts District Attorneys Association, including the implementation and related expenses of the district attorneys’ offices automation and case management and tracking system; provided, that expenses associated with the system may be charged directly to this item; provided further, that the 11 district attorneys may contribute a portion of their fiscal year 2012 appropriation to the Massachusetts District Attorneys Association in order to alleviate the cost of the system and the cost of data lines associated with the district attorneys’ computer network; provided further, that the department shall work in conjunction with the disabled persons protection commission and the 11 district attorneys' offices to prepare a report that shall include, but not be limited to: (a) the number of abuse cases that are referred to each district attorney’s office for further investigation; (b) the number of those referrals resulting in the filing of criminal charges, delineated by type of charge; (c) the number of cases referred to each district attorney's office that remains open as of the date for submission of the report; and (d) the number of cases that resulted in a criminal prosecution and the disposition of each such prosecution; provided further, that the report shall be submitted to the house and senate committees on ways and means and the clerks of the house of representatives and the senate not later than March 14, 2012; provided further, that the association shall work in conjunction with the 11 district attorneys' offices to prepare and submit a report to the house and senate committees on ways and means and the clerks of the house of representatives and the senate not later than February 28, 2012, summarizing the number and types of criminal cases managed or prosecuted by all district attorneys' offices in calendar year 2011 and the disposition or status thereof which shall be delineated by each jurisdiction of the district, juvenile, probate, superior, appeals and supreme judicial courts in which the cases were managed or prosecuted; provided further, that for each jurisdiction of the courts, the report shall include, but not be limited to: (a) the type of criminal case; (b) the total number of defendants charged under the type of case; and (c) a summary of the dispositions or statuses thereof; provided further, that the association shall work in conjunction with the 11 district attorneys' offices to prepare and submit a report to the house and senate committees on ways and means and the clerks of the house of representatives and the senate not later than February 28, 2012, detailing all district attorneys’ offices' use of drug forfeiture funds collected pursuant to chapter 94C of the General Laws; provided further, that the report shall include, but not be limited to: (a) the amount of the funds deposited into an office's special law enforcement trust fund in fiscal years 2009, 2010 and 2011; (b) how the funds were used in those fiscal years; and (c) the balance in the fund as of January 2, 2012; provided further, that the department shall work together with the 11 district attorneys' offices to submit a report to the house and senate committees on ways and means and the clerks of the house of representatives and the senate not later than January 31, 2012, detailing the total number and use of private attorneys participating in any volunteer prosecutor program; and provided further, that the report shall include, but not be limited to: (a) the total number of personnel from private law firms participating in the program at each of the 11 district attorney’s offices; (b) the name and address of the law firms; (c) the duties performed by the personnel; and (d) the benefits and cost savings associated with the program………………………………………………….$1,660,006”; and
in said section 2, by striking out item 0340-8908 and inserting in place thereof the following item:-
“0340-8908 For the costs associated with maintaining the Massachusetts District Attorneys Association’s wide area network ................................................$1,317,090”; and
in said section 2, in item 1599-0026, by inserting after the word “municipalities”, in line 8, the following words:- “; provided further, that funds may be expended to reimburse municipalities for planning costs associated with municipal infrastructure improvements incurred in fiscal year 2011”; and
in said section 2, in item 2000-0100, by adding the following words:- “; provided, that the executive office shall expend not less than $150,000 for a program of collaborative research with academic institutions that apply satellite and other technologies in an innovative manner to an existing methodological model previously used in other fisheries to assess the biomass of groundfish in the region managed by the New England Fishery Management Council; provided further, that the executive office shall execute a memorandum of agreement with any such academic institution not later than 30 days after the effective date of this act; and provided further, that the memorandum shall require the timely production of information for use in the fisheries management process”; and
in said section 2, in said item 2000-0100, by striking out the figure “$5,545,430” and inserting in place thereof the following figure:- “$5,695,430”; and
in said section 2, in item 4000-0300, by adding the following words:- “; and provided further, that the executive office shall conduct a study to determine whether individuals in the Greater Brockton area who are receiving MassHealth benefits through a health maintenance organization under contract with the executive office have adequate access to those health care providers that have historically served those individuals” and
in said section 2, in item 4120-4000, by adding the following words:- “; provided, that all independent living centers identified in item 4120-4000 of section 2 of chapter 182 of the acts of 2008 shall receive the same amount in fiscal year 2012 as they received in said chapter 182”; and
in said section 2, in said item 4120-4000, by striking out the figure “$11,851,933” and inserting in place thereof the following figure:- “$12,176,933”; and
in said section 2, in item 4400-1100, by adding the following words:- “, prior appropriation continued"; and
in said section 2, in item 4590-1507, by adding the following words:- “provided further, that the Alliance of Massachusetts YMCAS shall distribute funds to all YMCAs that received grants from this item in fiscal year 2011”; and
by inserting 4513-1020 the following item:-
"4513-1023.. For the universal newborn hearing screening program; provided, that funds appropriated in this item shall be expended for the notification of and follow through with affected families, primary care providers and early intervention programs upon the department's receipt of data indicative of potential hearing disorders in newborns….$65,494"; and
in said section 2, in item 4800-0015, by adding the following words:- “; and provided further, that no funds shall be transferred from 4800-0040 to any of those items”; and
in said section 2, by inserting before item 7003-0702 the following item:-
“7003-0605..For the operation and maintenance of the Massachusetts Manufacturing Extension Partnership for the purpose of maintaining and promoting manufacturing as an integral part of the economy and for programs designed to assist small and mid-sized manufacturing companies........$325,000”; and
in said section 2, in item 7004-0101, by striking out, in line 89, the words “available housing or housing assistance necessary to maintain housing”, inserted by amendment 254, and inserting in place thereof the following words:- “housing assistance”; and
in said section 2, in item 7027-0019, by adding the following words:- “, prior appropriation continued"; and
in said section 2, in item 8900-0001, by adding the following words:-“; and provided further, that an amount of funding that was allocated to the program for mothers who have been incarcerated in item 8900-0001 of section 2 of chapter 131 of the acts of 2010 shall be consistent with allocations relative to MCI Cedar Junction in item 8900-0001 of section 2 of chapter 61 of the acts of 2007”; and
in said section 2, in item 8910-8200, by adding the following words:- "provided, that funds may be expended for the continued operation of the centralized emergency medical dispatch system"; and
in said section 2, in said item 8910-8200, by striking out the figure "$21,517,391" and inserting in place thereof the following figure:- $21,617,391"; and
in said section 2, in item 8910-8700, by adding the following words:- "provided, that funds may be expended for the continued operation of the Plymouth Bristol emergency alert/notification system"; and
in said section 2, in said item 8910-8700, by striking out the figure "$24,810,825" and inserting in place thereof the following figure:- $24,910,825.; and
in section 2E, in item 1595-5819, by adding the following words:- “; provided further, that the commonwealth health insurance connector authority shall conduct a study to determine whether individuals in the Greater Brockton area who are receiving Commonwealth Care subsidized health insurance benefits through a health maintenance organization under contract with the connector authority have adequate access to those health care providers that have historically served those individuals” and
in said section 2E, in said item 1595-5819, by adding the following words:- “; and provided further, that notwithstanding said section 7A of said chapter 176Q, for fiscal year 2012, the connector shall provide an annual health insurance wellness subsidy not to exceed 15 per cent of eligible employer health care costs as calculated by the employer for credit by the federal government under the federal Patient Protection and Affordable Care Act”; and
in section 13, by striking out, in line 3, the figure "2" and inserting in place thereof the following figure:- "3"; and
by inserting after section 32 the following section:-
“SECTION 32A. Section 5 of chapter 23I of the General Laws, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-
(d) There shall be established a life sciences tax incentive program. The center, in consultation with the department, may annually authorize incentives, including incentives carried forward or refunded pursuant to subsections (m), (n) and (r) of section 6 of chapter 62, paragraph 17 of section 30 of chapter 63, the second time it appears, section 31M of said chapter 63, the second time it appears, paragraph 6 of subsection (f) of section 38 of said chapter 63, subsection (j) of section 38M of said chapter 63, section 38U of said chapter 63, section 38V of said chapter 63, section 38W of said chapter 63, section 38CC of said chapter 63, the second paragraph of subsection (c) of section 42B of said chapter 63 and subsection (xx) of section 6 of chapter 64H in a cumulative amount, including the current year cost of incentives allowed in previous years, that shall not exceed $25,000,000 annually. The center may, in consultation with the department, limit any incentive to a specific dollar amount or time duration or in any other manner deemed appropriate by the department; provided, however, that the department shall only allocate any such incentives among commonwealth certified life sciences companies pursuant to subsection (b) and shall award such tax incentives pursuant to subsection (c).
The center shall provide an estimate to the secretary of administration and finance of the tax cost of extending benefits to a proposed project before certification, as approved by the commissioner of revenue, based on reasonable projections of project activities and costs. Tax incentives shall not be available to a certified life sciences company unless expressly granted by the secretary of administration and finance in writing.”; and
in section 36, in subsection (e) of proposed section 29K, by striking out the first and second sentences and inserting in place thereof the following sentence:- “The commonwealth shall not subsidize the health insurance, pension and other post-employment benefits of state authority employees and retirees.”; and
in section 40, by inserting after the word “reduction”, in line 21, the following words:- “, but the commission shall not alter the contribution ratios provided in the most recent applicable appropriation act”; and
in section 45, by striking out, in line 60, the word “employees” and inserting in place thereof the following word:- “subscribers”; and
by inserting after section 51 the following section:-
“SECTION 51A. Section 6 of chapter 62 of the General Laws is hereby amended by striking out, in line 495, as appearing in the 2008 Official Edition”, the words “in subsection (n)” and inserting in place thereof the following words:- subsections (n) and (r).”; and
by inserting after section 52 the following section:-
“SECTION 52A. Said section 6 of said chapter 62, as most recently amended by section 37 of chapter 454 of the acts of 2010, is hereby further amended by adding the following subsection:-
(r)(1) A taxpayer, to the extent authorized by the life sciences tax incentive program established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts Life Sciences Center in consultation with the department.
(2) A taxpayer taking a credit under this subsection shall commit to the creation of a minimum of 50 net new permanent full-time jobs in the commonwealth.
(3) A credit allowed under this subsection shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this subsection by a taxpayer exceeds the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized by the life sciences tax incentive program shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(4) The department shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, that shall not exceed $25,000,000 annually as set forth in subsection (d) of said section 5of said chapter 23I.”; and
by inserting after section 53 the following section:-
“SECTION 53A. Said chapter 63 is hereby further amended by inserting after section 38BB the following section:-
Section 38CC. (a) A taxpayer, to the extent authorized by the life sciences tax incentive program established in section 5 of chapter 23I, may be allowed a refundable jobs credit against the tax liability imposed under this chapter in an amount determined by the Massachusetts Life Sciences Center in consultation with the department.
(b) A taxpayer taking a credit under this subsection shall commit to the creation of a minimum of 50 net new permanent full-time jobs in the commonwealth.
(c) A credit allowed under this section shall reduce the liability of the taxpayer under this chapter for the taxable year. If a credit claimed under this section by a taxpayer exceeds the taxpayer’s liability as otherwise determined under this chapter for the taxable year, 90 per cent of such excess credit, to the extent authorized pursuant to the life sciences tax incentive program established in section 5 of chapter 23I, shall be refundable to the taxpayer. Excess credit amounts shall not be carried forward to other taxable years.
(d) The department shall issue the refundable portion of the jobs credit without further appropriation and in accordance with the cumulative amount, including the current year costs of incentives allowed in previous years, that shall not exceed $25,000,000 annually as set forth in subsection (d) of said section 5 of said chapter 23I.”; and
in section 66A, by striking out the last paragraph and inserting in place thereof the following paragraph:-
“An owner or operator of an elevator shall not be assessed a fine for having violated this section if: (i) 30 days prior to the expiration of a certificate, the owner or operator has, in writing or in any manner prescribed by the department, requested an inspection of such elevator by the department and an inspection was not completed within such 30-day period; and (ii) such elevator was not determined to be unsafe at any time during such 30-day period, notwithstanding that the results of an inspection was rendered beyond such 30-day period.”; and
by inserting, after section 66A the following section:-
“SECTION 66B. Section 64 of said chapter 143, as so appearing, is hereby amended by striking out the third sentence.”; and
by inserting after section 78A the following section:-
“SECTION 78C. Subsection (f) of said section 6 of said chapter 176J, as appearing in section 78B, is hereby repealed.”; and
in section 97, by striking out, in line 6, the words “that the” and inserting in place thereof the following words:- “that beginning in fiscal year 2012, the”; and
by inserting after section 95 the following section:-
“SECTION 95A. Item 6033-0417 of section 2A of chapter 291 of the acts of 2004, as most recently amended by section 84 of chapter 139 of the acts of 2006, is hereby further amended by striking out the words “relocation of the Amesbury department of public works barn in the town of Amesbury to the site formerly known as Microfab” and inserting in place thereof the following words:- “redevelopment and revitalization of the Lower Mill yard in the town of Amesbury.”; and
by inserting after section 101 the following section:-
“SECTION 101A. Item 6035-0817 of section 2A of chapter 303 of the acts of 2008, as amended by section 30 of chapter 26 of the acts of 2009, is hereby further amended by striking out the words “$350,000 shall be expended for lighting improvements to the new Parker river bridge or the North and South approaches to the bridge on route 1A in the town of Newbury” and inserting in place thereof the following “$250,000 may be expended for the town’s rehabilitation of a portion of River road in the town of Merrimac; provided further, that $50,000 may be expended for the improvement of the DPW garage, located at 197 High road in the town of Newbury; provided further, that such sum shall be placed into the town of Newbury’s chapter 90 account in the event that improvements are made prior to the release of funds in this item.”
by inserting after section 103 the following 2 sections:-
“SECTION 103A. Item 4000-0640 of section 2 of chapter 131 of the acts of 2010is hereby amended by striking out the words “notwithstanding any general or special law to the contrary, contingent upon receipt of not less than $27,200,000 in TANF contingency funds authorized by Title IV, section 403(b) of the Social Security Act, the division shall establish nursing facility supplemental Medicaid rates and that a sum of $27,200,000 shall be distributed as supplemental nursing facility Medicaid rates for fiscal year 2011”, inserted by section 51A of chapter 359 of the acts of 2010, and inserting in place thereof the following words:- the division shall establish additional nursing facility supplemental Medicaid rates that cumulatively total $27,000,000 which shall be distributed as supplemental nursing facility Medicaid rates; provided further, that not less than $2,800,000 shall be expended as incentive payments to nursing facilities meeting the criteria determined by the MassHealth Nursing Facility Pay for Performance (P4P) Program in 114.2 CMR 6.07 and that have established and participated in a cooperative effort in each qualifying nursing facility between representatives of employees and management that is focused on implementing that criteria and improving the quality of services available to MassHealth members; and provided further, that any unexpended funds in this item shall not revert but shall be made available for the purposes of this item until June 30, 2012.”
SECTION 103B. Said item 4000-0640 of said section 2 of chapter 131, as most recently amended by said section 51A of said chapter 359, is hereby further amended by striking out the figure $288,500,000 and inserting in place thereof the following figure:- $318,300,000.”; and
in section 109, by striking out, in lines 2 to 4, inclusive, the words “shall not take effect for any group of employees covered by a collective bargaining agreement in effect as of July 1, 2011 by a governmental unit prior to” and inserting in place thereof the following words:- “which are inconsistent with specific dollar amount limits on co-payments, deductibles or other health care plan design features that are included in a collective bargaining agreement in effect on July 1, 2011 or an agreement under section 19 of said chapter 32B between an appropriate public authority and a public employee committee in effect on July 1, 2011 shall not take effect until”; and
in section 132A, by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:-
“(a) There shall be a special commission to identify and evaluate potential sites suitable for the location of a replacement jail facility in Middlesex county, consistent with chapter 304 of the acts of 2008. The commission shall establish whether such sites are appropriate to adjoin facilities to house related criminal justice functions, including courts, pre-arraignment lockup facilities and special population facilities.
(b) The special commission shall also identify and evaluate potential sites in Middlesex county suitable for the placement of a correctional facility to house female pretrial detainees and female offenders sentenced to incarceration in the house of correction for 2½ years or less. The commission shall document the needs of the communities in the vicinity of such sites and of the individuals in those communities, and make recommendations relative to the most efficient and effective investment of public resources to meet all of those needs.”; and
by striking out section 140 and inserting in place thereof the following section:-
“SECTION 140. There shall be a special commission to study the commonwealth’s criminal justice system, to consist of: the secretary of public safety and security, who shall serve as the chair; the attorney general or a designee; the chief justice of the supreme judicial court or a designee; the president of the Massachusetts Sheriffs Association or a designee; the president of the Massachusetts District Attorneys Association or a designee; the chief counsel of the committee for public counsel services or a designee; a representative from the Massachusetts Bar Association; a representative from the Boston Bar Association; a representative from the Massachusetts Association of Criminal Defense Lawyers; 3 members of the house of representatives, 1 of whom shall be appointed by the minority leader; 3 members of the senate, 1 of whom shall be appointed by the minority leader; and 3 persons to be appointed by the governor, 1 of whom shall have experience in mental health and substance abuse and addiction treatment, 1 of whom shall have experience in providing services or supervision for offenders, and 1 of whom shall have experience in juvenile justice.
In reviewing the commonwealth’s criminal justice system, the commission shall examine a variety of areas including, but not limited to: the prisoner classification systems, mandatory minimum sentences, sentencing guidelines, the provision of cost-effective corrections’ healthcare, the probation system, the parole system, the operations of the sheriffs’ offices, overcrowding in prisons and houses of correction, recidivism rates, the treatment of juveniles within the criminal justice system, the role that mental health and substance abuse issues play, and best practices for reintegrating prisoners into the community.
The commission shall investigate the feasibility of developing an application for technical assistance from nationally recognized criminal justice reform programs with a data driven approach in order to develop bipartisan legislation that would reduce corrections spending and utilize the savings to reduce crime, strengthen public safety and fund other budget priorities; provided, however, that the commission shall give priority in applying for technical assistance to that which comes at no cost to the commonwealth.
The commission shall have access to information related to both adults and juveniles including, but not limited to, crime, arrest, conviction, jail, prison and probation and parole supervision data provided by state and local agencies. As necessary, the commission shall: (i) meet with other affected stakeholders; (ii) partner with nongovernmental organizations that have expertise that can benefit the commission; and (iii) create advisory subgroups that include affected stakeholders as necessary.
The commission shall convene its first official meeting not later than September 1, 2011. The commission shall submit to the house and senate committees on ways and means, the joint committee on the judiciary, the joint committee on public safety and homeland security and the secretary of administration and finance quarterly reports that include the dates of its meetings, meeting participants not named to the commission and whether it has identified, applied for or been selected for any federal or other funds.
The commission shall issue a report not later than March 31, 2012, which shall include recommendations for legislation to reduce recidivism, improve overall public safety outcomes, provide alternatives for drug addicted and mentally ill defendants, increase communication and cooperation among public safety entities, reduce overcrowding of facilities, increase reliance upon evidence-based criminal justice methods, improve the collection and reporting of data on adults and juveniles, contain correction costs and otherwise increase efficiencies within the state’s public safety entities.”; and
by inserting after section 143 the following section:-
“SECTION 143A. Notwithstanding any general or special law, rule or regulation or performance standard to the contrary and in order to promote the protection of shorelines, coastal banks and beaches and coastal properties from the growing dangers of coastal erosion and to further gain experience necessary for the evaluation of innovative coastal protection technologies that have not previously been used in the commonwealth, the department of environmental protection may issue required permits, certifications or approvals for a pilot project to deploy a coastal bank and beach protection technology; provided, however, that such pilot project shall be required to seek and obtain all permits, certifications or approvals otherwise required by law, subject to the modifications authorized by this act; and provided further, that the pilot project shall be required to comply with existing laws, rules and regulations, performance standards and requirements to the maximum extent feasible. In issuing such permits, certifications or approvals, the department of environmental protection may issue reasonable permit conditions to minimize adverse impacts from the construction and operation of the pilot project and to protect down-drift properties and property owners including, but not limited to, conditions requiring the pilot project’s owners and operators to indemnify others for any property damage caused by the pilot project or requiring the establishment of a financial assurance mechanism to provide funds for the costs of decommissioning the pilot project or for repairing any property damage caused by the pilot project. The department of environmental protection, in conjunction with the office of coastal zone management in the executive office of energy and environmental affairs, shall monitor the success of the pilot project undertaken pursuant to this section and shall report its findings and recommendations for further regulatory or statutory changes to promote the use of innovative coastal protection technologies to the joint committee on environment, natural resources and agriculture not later than 2 years after the deployment of the pilot project.”; and
by striking out section 148 and inserting in place thereof the following section:-
SECTION 148. Nothing in this act shall be construed to alter, amend or affect chapter 36 of the acts of 1998, chapter 423 of the acts of 2002, chapter 27 of the acts of 2003 or chapter 247 of the acts of 2004.
by inserting after Section 149 the following section:-
“SECTION 149A. Section 32A shall take effect as of January 1, 2009”; and
in section 150, by striking out, in line 1, the figure “2012” and inserting in place thereof the following figure:- “2011”; and
by inserting after section 150 the following 3 sections:-
“SECTION 150A. Sections 51A, 52A and 53A shall be effective for tax years beginning on or after January 1, 2011.
SECTION 150B. Sections 66A and 66B shall take effect 180 days after the effective date of this act.
SECTION 150C. Section 78C shall take effect on October 1, 2012.”