HOUSE . . . . . . . . . . . . . . . No. 3702
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act making appropriations for the fiscal year 2019 to provide for supplementing certain existing appropriations and for certain other activities and projects.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to make supplemental appropriations for fiscal year 2019 and to make certain changes in law, each of which is immediately necessary to carry out those appropriations or to accomplish other important public purposes, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for supplementing certain items in the general appropriation act and other appropriation acts for fiscal year 2019, the sums set forth in section 2 are hereby appropriated from the General Fund unless specifically designated otherwise in this act or in those appropriation acts, for the several purposes and subject to the conditions specified in this act or in those appropriation acts, and subject to the laws regulating the disbursement of public funds for the fiscal year ending June 30, 2019. These sums shall be in addition to any amounts previously appropriated and made available for the purposes of those items. These sums shall be made available until June 30, 2019, except as otherwise stated.
SECTION 2.
JUDICIARY
Committee for Public Counsel Services
0321-1510Private Counsel Compensation$5,000,000
DISTRICT ATTORNEYS
Plymouth District Attorney
0340-0800Plymouth District Attorney$207,201
Bristol District Attorney
0340-0998Bristol District Attorney State Police Overtime$125,208
Berkshire District Attorney
0340-1100Berkshire District Attorney$321,196
OFFICE OF THE STATE COMPTROLLER
1599-3384Judgments, Settlements and Legal Fees$14,200,000
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Human Resources Division
1750-0300Dental and Vision Contribution$1,742,434
Department of Revenue
1201-0160Child Support Enforcement Divisions$2,000,000
EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY
Military Division
8700-0001Military Division$140,000
SECTION 2B. To provide for supplementing certain intragovernmental chargeback authorizations in the general appropriation act and other appropriation acts for fiscal year 2019, to provide for certain unanticipated intragovernmental chargeback authorizations, to provide for an alteration of purpose for current intragovernmental chargeback authorizations, and to meet certain requirements of law, the sum set forth in this section is hereby authorized from the Intragovernmental Service Fund for the several purposes specified in this section or in the appropriation acts, and subject to the provisions of law regulating the disbursement of public funds for the fiscal year ending June 30, 2019. This sum shall be in addition to any amounts previously authorized and made available for the purposes of this item.
EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
Human Resources Division
1750-0105Chargeback for Workers’ Compensation$2,100,000
SECTION 3. Section 216 of chapter 6 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 3, the words “up to 4”.
SECTION 4. Said section 216 of said chapter 6, as so appearing, is hereby further amended by inserting, after the word “designee”, in line 22, the following words:- the secretary of technology services and security or a designee; the executive director of the Massachusetts Technology Park Corporation or a designee;.
SECTION 5. Subdivision (2) of section 14 of chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (c) and inserting in place thereof, the following 2 subsections:-
(c) If a member or a beneficiary entitled to a pension under the provisions of section 5, 6, 7 or 9, and also having a right to compensation under the provisions of chapter 152, neglects or fails to prosecute fully such right or to co-operate with the board in its prosecution thereof, as provided for by the provisions of section 73 of such chapter, the board may, during the period of such neglect or failure, suspend such member's or beneficiary's right to further payment under the provisions of section 6, 7 or 9. Under the circumstances set forth in the said section 73, the duty of the board to prosecute shall be mandatory.
(d) A member or beneficiary who is entitled to a pension under section 5 and also has a right to compensation under the provisions of chapter 152 shall receive a combined benefit of no more than the average annual rate of regular compensation computed by the state retirement board that is the basis for the superannuation retirement benefit under section 5. The workers’ compensation payment shall not exceed the difference between the superannuation retirement allowance received under section 5 and the average annual rate of annual compensation on which it was based, nor shall the workers’ compensation payment exceed the workers’ compensation statutory benefit calculated under the provisions of chapter 152.
SECTION 6. Section 28 of chapter 119 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) During the pendency of an action brought under section 24, temporary orders providing for the support of a child may be entered. The court may thereafter enter a judgment against the party chargeable with support. Any order of support entered under this section shall conform to and be enforced under section 12 of chapter 119A. When the court makes an order of support, the court shall determine whether health care coverage for the child is available at reasonable cost and accessible to the child pursuant to section 12 of chapter 119A, and if such coverage is available, enter an order for health care coverage in accordance with said section. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, the court shall enter written findings.
SECTION 7. Subsection (a) of section 12 of chapter 119A of the General Laws, as so appearing, is hereby amended by striking out, in line 2, the words “, section 40 of chapter 201”.
SECTION 8. Said subsection (a) of said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out, in lines 11 to 13, the words “, unless the obligor and obligee agree in writing that the obligee shall obtain health care coverage for his child or children or that such coverage will be provided by other means”.
SECTION 9. Paragraph (5) of subsection (b) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the third, fourth and fifth sentences and inserting in place thereof the following paragraphs:- Each such judgment or order shall also include a provision for health care coverage for the child in accordance with this section; and may require the obligor to pay an amount toward the cost of health care coverage or toward uninsured medical expenses on behalf of the child. The court shall enter an order that requires the obligor or the obligee to provide health care coverage if such coverage is available at reasonable cost and accessible to the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for the obligor or the obligee, then the court shall enter written findings.
If the child is enrolled in Medicaid, the court shall order the obligee to maintain such coverage for so long as the child remains eligible, provided that if private health insurance is available to the obligor at reasonable cost and accessible to the child, the court shall also order the obligor to enroll the child in such insurance.
If health care coverage pursuant to this section is not available to the obligor or the obligee at the time the order is entered, the court shall order the parties to notify the IV-D agency if such coverage becomes available. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 8% of the gross income of said party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the primary residence of the child; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to obligors or obligees who receive Medicaid on behalf of themselves or the child.
If the IV-D agency is responsible for enforcing the order, the court shall order the obligor and the obligee to notify the IV-D agency of any changes in the availability and terms of health care coverage. If the obligor is required to provide health care coverage for a child of his through an employment-related health plan and if the IV-D agency has the name and address of the employer, the IV-D agency shall transfer the national medical support notice, as required by Title IV, Part D of the Social Security Act, to the employer notifying the employer to enroll the child in a health care plan provided by the employer for which the obligor is eligible. If the obligee is required to provide health care coverage, the IV-D agency may transmit such national medical support notice to the employer of the obligee and the provisions of this section with respect to the notice shall apply to such obligee and such employer.
SECTION 10. Subsection (c) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the last three sentences.
SECTION 11. Subsection (d) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- When said agency ascertains that an obligor has failed to comply with a judgment or order for health care coverage and health care coverage is available to the obligor at reasonable cost and accessible to the child, the IV-D agency shall send notice of the judgment or national medical support notice to the employer or to a provider of health care coverage together with notice of the provisions of subsection (f).
SECTION 12. Said subsection (d) of said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out the last sentence and inserting in place thereof the following sentence:- The obligor may contest an order for health care coverage by requesting that the court that issued the order determine whether such coverage is available to the obligor at reasonable cost and accessible to the child; provided, however, that the obligor shall bear the burden of proving that such coverage is not available at reasonable cost or accessible to the child; and provided further that the provider of health care coverage shall maintain coverage for the child under the order pending a modification of the order.
SECTION 13. Said section 12 of said chapter 119A, as so appearing, is hereby further amended by striking out subsection (k) and inserting in place thereof, the following subsection:-
(k) Upon receipt of the national medical support notice or upon application of the employee pursuant to the order for health care coverage, the employer shall enroll the child in the health care plan. The national medical support notice shall have the same effect as an enrollment application signed by the employee and shall operate to enroll the child in the health care plan. The employer shall comply with the requirements of the national medical support notice, as set forth in the instructions incorporated into such notice. Where health care coverage is provided by the obligor, the employer or the provider of health care coverage shall furnish the obligee with such information as may be necessary for the child to obtain benefits through the plan and shall permit the obligee or, with the approval of the obligee, the provider of medical services to submit claims for covered services without the approval of the obligor. A claim submitted in accordance with this subsection shall be payable, as appropriate, directly to the obligee, to the provider of medical services or, if the individual has assigned his rights to medical support pursuant to Title XIX of the Social Security Act, to the division of medical assistance. In any case where the division of medical assistance has been assigned the rights of an individual covered for health benefits from the provider of health care coverage and eligible for medical assistance under Title XIX of the Social Security Act, the provider of health care coverage shall apply to the division the same requirements applicable to an agent or assignee of any other individual so covered.
SECTION 14. Subsection (m) of said section 12 of said chapter 119A, as so appearing, is hereby amended by striking out the last sentence.
SECTION 15. Section 73 of chapter 152 of the General Laws, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
An employee of the commonwealth who is receiving compensation benefits pursuant to this chapter and who has qualified for a superannuation retirement allowance pursuant to section 5 of chapter 32, shall receive a combined benefit of no more than the average annual rate of regular compensation computed by the state retirement board that is the basis for the superannuation retirement benefit under section 5. The workers’ compensation payment shall not exceed the difference between the superannuation retirement allowance received under section 5 and the average annual rate of annual compensation on which it was based, nor shall the workers’ compensation payment exceed the workers’ compensation statutory benefit calculated under the provisions of this chapter.
SECTION 16. The first paragraph of section 28 of chapter 208 of the General Laws, as so appearing, is hereby amended by striking out the last two sentences and inserting in place thereof the following paragraphs:- When the court makes an order for maintenance or support of a child, said court shall include a provision requiring either parent to provide health care coverage for the child, if such coverage is available at reasonable cost and accessible to the child; and may require the obligor to pay an amount toward the cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, then the court shall enter written findings.
If the child is enrolled in Medicaid, the court shall order the obligee to maintain such coverage for so long as the child remains eligible, provided that if private health insurance is available to the obligor at reasonable cost and accessible to the child, the court shall also order the obligor to enroll the child in such insurance.
If the IV-D agency as set forth in chapter 119A is responsible for enforcing the order, the court shall order the parents to notify the IV-D agency of any changes in the availability and terms of health care coverage. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 8% of the gross income of said party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the primary residence of the child; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) ) private health insurance shall be deemed not available at reasonable cost to parents who receive Medicaid on behalf of themselves or the child.
SECTION 17. The fifth paragraph of section 32 of chapter 209 of the General Laws, as so appearing, is hereby amended by striking out the last two sentences of the fifth paragraph and inserting in place thereof the following paragraphs:- When the court makes an order for maintenance or support on behalf of a spouse or child, said court shall include a provision requiring either parent to provide health care coverage for the child, if such coverage is available at reasonable cost and accessible to the child; and may require the obligor to pay an amount toward the cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, then the court shall enter written findings.
If the child is enrolled in Medicaid, the court shall order the obligee to maintain such coverage for so long as the child remains eligible, provided that if private health insurance is available to the obligor at reasonable cost and accessible to the child, the court shall also order the obligor to enroll the child in such insurance.
If the IV-D agency as set forth in chapter 119A is responsible for enforcing the order, the court shall order the parents to notify the IV-D agency of any changes in the availability and terms of health care coverage. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 8% of the gross income of said party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the primary residence of the child; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to parents who receive Medicaid on behalf of themselves or the child.
SECTION 18. The first paragraph of section 37 of said chapter 209, as so appearing, is hereby amended by striking out the last two sentences and inserting in place thereof the following paragraphs:-
When the court makes an order for support or maintenance on behalf of a child, said court shall include a provision requiring either parent to provide health care coverage for the child, if such coverage is available at reasonable cost and accessible to the child; and may require the obligor to pay an amount toward the cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, then the court shall enter written findings.
If the child is enrolled in Medicaid, the court shall order the obligee to maintain such coverage for so long as the child remains eligible, provided that if private health insurance is available to the obligor at reasonable cost and accessible to the child, the court shall also order the obligor to enroll the child in such insurance.
If the IV-D agency as set forth in chapter 119A is responsible for enforcing the order, the court shall order the parents to notify the IV-D agency of any changes in the availability and terms of health care coverage. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 8% of the gross income of said party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the primary residence of the child; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to parents who receive Medicaid on behalf of themselves or the child.
SECTION 19. The first paragraph of section 9 of chapter 209C, as so appearing, is hereby amended by striking out the seventh and eighth sentences and inserting in place thereof the following paragraphs:- When the court makes an order or judgment for maintenance or support of a child, said court shall include a provision requiring either parent to provide health care coverage for the child, if such coverage is available at reasonable cost and accessible to the child; and may require the obligor to pay an amount toward the cost of health care coverage or toward uninsured medical expenses on behalf of the child. If the court determines that an order for health care coverage is not in the best interest of the child or creates an undue hardship for either parent, then the court shall enter written findings.
If the child is enrolled in Medicaid, the court shall order the obligee to maintain such coverage for so long as the child remains eligible, provided that if private health insurance is available to the obligor at reasonable cost and accessible to the child, the court shall also order the obligor to enroll the child in such insurance.
If the IV-D agency as set forth in chapter 119A is responsible for enforcing the order, the court shall order the parents to notify the IV-D agency of any changes in the availability and terms of health care coverage. For the purposes of this section: (i) health care coverage shall be deemed reasonable in cost if the cost to the party ordered to provide health care coverage does not exceed 8% of the gross income of said party; (ii) health care coverage shall be deemed accessible to the child if covered services are available within 15 miles of the primary residence of the child; (iii) health care coverage includes private health insurance available through employment, union affiliation or otherwise, and public health coverage administered by the Title XIX agency; and (iv) private health insurance shall be deemed not available at reasonable cost to parents who receive Medicaid on behalf of themselves or the child.
SECTION 20. Section 49 of chapter 9 of the acts of 2011, as most recently amended by section 25 of chapter 5 of the acts of 2019, is hereby further amended by inserting after subsection (d), the following subsection:-
(d1/2) (1) The commissioner may procure job order contracts for use by state agencies consisting of the division of capital asset management and maintenance, the department of correction and any higher education facilities subject to the department of higher education for facilities that are owned or operated by said state agencies for projects that (i) improve access to places of public accommodation listed in section 92A of chapter 272 of the General Laws; or (ii) remove barriers and create or improve accessible features for both physical and programmatic access necessary for compliance with state code and laws, including for compliance with Title II of the Americans with Disabilities Act of 1990 and for compliance with state codes and laws.
(2) These contracts shall be limited to job orders estimated to cost not more than $1,000,000 each and shall be procured through the procedures specified in section 39M of chapter 30 of the General Laws except that: (i) the amount of the bid deposit shall be $5,000; (ii) contractors who are awarded job orders under any job order contract shall be certified by the division for the category of work specified in the contract; and (iii) the amounts of surety bonds required by the contract may be satisfied with respect to each particular job order before the commencement of any work under that job order. The commissioner shall award a job order contract to the eligible and responsible bidder who offers the lowest mark-up over the base unit prices specified in the contract specifications.
SECTION 21. Item 7061-9814 of of chapter 154 of the acts of 2018 is hereby amended by inserting at the end thereof, the following words:-
; and provided further, that appropriated funds may be expended for programs or activities during the summer months.
SECTION 22. The first sentence of section 56 of chapter 228 of the acts of 2018 is hereby amended by inserting at the end thereof, the following words:-
; provided, that any such city or town that has entered into an agreement with an adjacent city or town to expend its grant proceeds in a manner that provides broadband service to areas within the adjacent city or town shall, upon receipt of reimbursement from the adjacent city or town, credit the funds paid in reimbursement to the grant from which the expenses were originally paid and such funds shall become part of the grant to be expended according to the provisions of the grant agreement.
SECTION 23. Item 7061-0010 of chapter 273 of the acts of 2018 is hereby amended by inserting at the end thereof, the following words:-
; and, provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2020.
SECTION 24. Item 7009-6800 of said chapter 273 is hereby amended by inserting, at the end thereof, the following words:-
; and, provided further, that any unexpended funds in this item shall not revert but shall be made available for the purpose of this item until June 30, 2020.
SECTION 25. The salary adjustments and other economic benefits authorized by the following collective bargaining agreements shall be effective for the purposes of section 7 of chapter 150E of the General Laws:
(1)between the commonwealth and the Massachusetts Correction Officers Federated Union, Unit 4;
(2)between the commonwealth and the Coalition of Public Safety, Unit 5;
(3)between the sheriff of Bristol county and the National Correctional Employees Union Administrative and Technical Staff Unit, Unit SA1;
(4)between the sheriff of Essex county and the National Correctional Employees Union, Local 123, Unit SE1;
(5)between the sheriff of Essex county and the Essex County Correctional Officers Association, Unit SE2;
(6)between the sheriff of Essex county and the Essex County Regional Emergency Communication Dispatchers, Unit SE5;
(7)between the sheriff of Middlesex county and the National Correctional Employees Union, Local 116, Civil Process Unit, Unit SM6;
(8)between the between the Worcester South registry of deeds and OPEIU, Local 6;
(9)between the University of Massachusetts and AFT Massachusetts Maintainers AFL-CIO, Local 6350, Unit D83;
(10)between the University of Massachusetts and the International Brotherhood of Teamsters, Local 25, Unit B33;
(11)between the Board of Higher Education and the Massachusetts State College Association/MTA/NEA;
(12)between the Massachusetts Department of Transportation and DOT Unit E, including the Massachusetts Organization of State Engineers and Scientists and United Steelworkers Local 5696.
