Budget Amendment ID: FY2012-S3-110
GOV 110
Chapter 40S Reimbursements
Messrs. Rodrigues and DiDomenico moved that the proposed new text be amended in section 2, by adding after item 1233-2400 the following item:-
"1233-2401 For reimbursements to certain cities and towns for additional educational costs pursuant to chapter 40s of the general laws, provided further that cities and towns eligible for reimbursements in fiscal year 2010 shall receive funding........$363,399"
Budget Amendment ID: FY2012-S3-111
GOV 111
Competitive Grant Program
Mr. McGee and Ms. Clark moved that the proposed new text be amended in section 2, in item 1599-0026, by striking out the words "that the criteria for the competitive grant program shall include consideration for" and inserting in place thereof the following words:- "that the competitive grant program shall include only those"
Budget Amendment ID: FY2012-S3-111.1
Further GOV 111.1
School District Regionalization of Services
Mr. Michael Moore moved that the amendment be amended by adding the following words:-
“and in said Section 2, in said item 1599-0026, by inserting after the word “district”, in line 5, the following words:- “or regionalizing services”. ”
Budget Amendment ID: FY2012-S3-112
GOV 112
Surplus Land
Mr. Pacheco moved that the proposed new text be amended by striking in SECTION 137. (b) subsections (7) and (8).
Budget Amendment ID: FY2012-S3-113
GOV 113
SETTLEMENT AGREEMENTS
Mr. Tarr moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“SECTION ___ Except as required by law, a state agency, executive office, department, board, commission, bureau, division or authority of the commonwealth, or of any political subdivision thereof, acting in its capacity as an employer, may not enter into a contract, severance or settlement agreement with an employee or former employee directing that employee or former employee to agree to keep confidential the nature and terms of the agreement or not freely express an opinion about the employer or an agent of the employer, unless the employer shall create and make publicly available, as specified by section 10 of chapter 66 of the General Laws, as appearing in the 2008 Official Edition, a detailed statement declaring why it is in the public’s best interest that the employer and employee or former employee include such language into the contract, severance or settlement agreement. The detailed statement shall be made available within 24 hours of the contract, severance or settlement agreement becoming enforceable.”
Budget Amendment ID: FY2012-S3-114-R1
Redraft GOV 114
CHILD SUPPORT MEDIATION
Messrs. Tarr and Hedlund moved that the proposed new text be amended in section 2, in item 1201-0160, by inserting at the end thereof the following:- “Provided further, that the department shall expend funds to facilitate mediation for men unable to pay child support and for which failure to pay may result in incarceration.”
Budget Amendment ID: FY2012-S3-115
GOV 115
TAXPAYER-FUNDED ADVERTISING
Messrs. Tarr and Hedlund moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“SECTION __. Notwithstanding any general or special law to the contrary, no agency of the commonwealth shall expend public funds for advertising or promotions regarding issues or information not necessary to public health or public safety”.
Budget Amendment ID: FY2012-S3-116
GOV 116
STATE SURPLUS LAND
Messrs. Tarr, Hedlund and Knapik moved that the proposed new text be amended by inserting, after Section __, the following new Sections:-
"SECTION __. Section 40F of Chapter 7 is hereby amended by inserting, after the sixth paragraph, the following:-
In order to determine if specified real property is surplus to the current and foreseeable needs of the commonwealth, the commissioner shall provide a suitable written notice and inquiry to the several secretaries, with a date certain for any response. If no executive office responds in writing by the date so specified that an agency has a current or foreseeable need for the real property, then the commissioner may declare said property as surplus and dispose of same in accordance with this section. Alternatively, if a written response is timely received specifying a current or foreseeable need for the real property, the commissioner shall, in consultation with the secretary of administration and finance and with those responding affirmatively, determine whether the real property shall (a) be made available for current use by a state agency, (b) be retained on account of a foreseeable use by a state agency, or (c) be declared surplus real property which may be disposed of pursuant to this section.
When real property is determined to be surplus to current state needs but not to foreseeable state needs, the commissioner shall take such necessary action to ensure that any disposition of the real property is temporary and maintains the commissioner's ability to make such real property available to a state agency as needed.
If the commissioner determines that the real property is surplus, he shall declare it available for disposition and shall identify restrictions, if any, on its use and development necessary to comply with established state plans and policies. The commissioner shall provide written notice of his finding to the executive of the community in which the property is located and upon the determination of a date for a public hearing on the disposition of the surplus real property. The commissioner may conduct a public hearing to consider potential reuses and appropriate restrictions. He shall ensure that any deed, lease or other disposition agreement shall set forth all such reuse restrictions and shall provide for effective remedies on behalf of the commonwealth; provided however, in the event of a failure to comply with the said reuse restrictions by the grantee, lessee or other recipient, title or such lesser interest as may have been conveyed, shall immediately revert to the commonwealth.
The commissioner shall establish the value of surplus real property using customarily accepted appraisal methodologies. The value shall be calculated both for (1) the highest and best use of the property as may be encumbered, and (2) subject to uses, restrictions and encumbrances defined by the commissioner. In the event the commissioner receives three or more offers for such property in response to a competitive disposition process, the value may be determined based solely on such offers. In no instance in which the commonwealth retains responsibility for maintaining the said property shall the terms provide for payment of less than the annual maintenance costs.
The commissioner shall dispose of surplus real property utilizing such competitive processes and procedures, as he deems appropriate. Such competitive processes may include, but are not limited to, absolute auction, sealed bids, and requests for price and development proposals.
At least 30 days before the date of an auction or the date on which bids or proposals or other offers to purchase or lease surplus real property are due, the commissioner shall place a notice in the central register published by the state secretary pursuant to section 20A of chapter 9 stating the availability of such property, the nature of the competitive process and other information deemed relevant, including the time and location of the auction, the submission of bids or proposals, and the opening thereof.
The commissioner shall place a notice in the central register identifying the individual or firm selected as party to such real property transaction, along with the amount of such transaction. If the commissioner accepts an amount below the value calculated under subsection (f), he shall include the justification therefore specifying the difference between the calculated value and the price received.
No agreement for the sale, lease, transfer, or other disposition of surplus real property shall be valid unless the purchaser or lessee has executed and filed with the commissioner the statement required by section 40J of chapter 7.
The grantee or lessee of any surplus real property shall be responsible for all costs including but not limited to appraisals, surveys, plans, recordings and any other expenses relating to the said transfer, as shall be deemed necessary by the commissioner.
This section shall not apply to the disposition of real property that is the subject of a special act having an effective date prior to the enactment of this act.
SECTION __. Paragraphs seven to fifteen, inclusive, of section 40F of chapter 7, inclusive, are hereby repealed."
Budget Amendment ID: FY2012-S3-117
GOV 117
PAPER USE REDUCTION
Messrs. Tarr, Hedlund, Ross and Montigny moved that the proposed new text be amended by inserting, after Section __, the following new Sections:-
“SECTION __. The secretary of administration and finance shall increase the efficiency of government through:
(1) Reducing the use of paper through maximizing the available uses of information technology, including alternative information technologies to substitute for paper and increasing the use of electronic methods for the maintenance, submission, or disclosure of information, to improve data quality, agency efficiency and responsiveness to the public;
(2) Eliminating costly and wasteful government publications through the expanded use of electronic methods for distribution of documentation throughout state government, where feasible and appropriate;
(3) Increasing and maximizing the availability of online transactions; including statutorily and regulatorily required corporate filings and frequently transacted governmental business with the citizens of the Commonwealth;
(4) Maximizing the use and availability electronic forms of payment and eliminating or minimizing any prohibitive fees associated with such transactions; and
(5) Eliminating duplicative permitting and paperwork requirements through implementing inter-agency file sharing technologies in order that electronically stored data can be viewed and routed, where appropriate, by multiple agencies.
Section __. The secretary shall investigate any current statutory impediments for the reduction of the use of paper by state government and any impediments both statutory and technological, for more efficient electronic data storage and dissemination. The secretary shall submit his findings, along with any legislative recommendations to address those findings, to the house and senate clerks, and the joint committee on state administration and regulatory oversight no later than August 31, 2011.
Section __. Notwithstanding any special or general law to the contrary there shall be a special commission to investigate and make recommendations as to the feasibility of increasing electronic filings, records management and transactions within the judiciary. Said commission shall investigate the possibility of eliminating, or substantially reducing the utilization of paper filings in court proceedings.
Said commission shall consist of twenty-five members, one of which shall be the chief justice of the supreme judicial court, or her designee, who shall also serve as chair, one of which shall be the chief justice of the appeals court, or his designee, one of which shall be the chief justice for administration and management, or his designee, one of which shall be the chief judge of the probate and family court, or his designee, one of which shall be the chief judge of the land court, or his designee, one of which shall be the attorney general of the commonwealth, or her designee; nineteen of which shall be appointed by the chief justice of the supreme judicial court, provided that three of which shall be district attorneys from diverse dispersed areas of the commonwealth, or their designees; provided further that three of which shall be clerk of courts in the commonwealth, or their designees; provided further that two of which shall be registers of deeds in the commonwealth, or their designees; provided further that two of which shall be registers of probate in the commonwealth, or their designees; provided further that six of which shall be selected from nominations provided by the Massachusetts Bar Association, provided that such persons shall represent diverse practice areas and practice sizes; provided further that four of which shall be experts in areas of information technology, data storage, security and privacy protection.
Said commission shall submit its findings, along with any legislative recommendations necessary to address those findings, to the house and senate clerks, the joint committee on the judiciary, and the joint committee on state administration and regulatory oversight no later than October 15, 2012.”
Budget Amendment ID: FY2012-S3-118
GOV 118
HUMAN CONTACT WITH STATE AGENCIES
Mr. Tarr moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
"SECTION __. Notwithstanding any general or special law to the contrary, any electronic answering service in use by a department, board, commission, authority or agency of the commonwealth for the purpose of receiving telephone calls shall present all callers with the option of speaking with a live operator."
Budget Amendment ID: FY2012-S3-119
GOV 119
GUBERNATORIAL PERSONNEL COST SAVINGS
Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“SECTION __. Notwithstanding any general or special law to the contrary, the Governor shall, through the Secretary of Administration and Finance, develop a report detailing all action undertaken by the Executive Branch in Fiscal Year 2011, and those planned to be undertaken in Fiscal Year 2012, to reduce the costs of employee compensation. Said report shall also include an itemization of any and all staffing reductions, furlough and salary wage reductions in addition to any salary and wage increases and any increases in staffing levels from 2010 to 2011 to those projected for 2012.
Said report shall be filed with the clerks of the House and Senate and the House and Senate Committees on Ways and Means and posted electronically on the official website of the Commonwealth not later than three months following the passage of this act.”
Budget Amendment ID: FY2012-S3-120
GOV 120
GOVERNMENT TRANSPARENCY AND ACCOUNTABILITY
Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting, after Section __, the following new Sections:-
"SECTION __. Definitions – For the purposes of this section, the terms below shall be defined as follows:
Entity – whether for-profit or not for profit,
a corporation
an association
a partnership
a limited liability corporation
a limited liability partnership
a sole proprietorship
any other legal business entity
a political subdivision of the Commonwealth
provided that an employee of the Commonwealth or an individual recipient of assistance shall not be considered an entity.
State expenditure – an expenditure of state funds including grants, subgrants, loans, awards, cooperative agreements, financial assistance, contracts, subcontracts, purchase order, task orders and delivery orders, and excluding transactions below $25,000.
Searchable website – a website which allows the public to:
Search and aggregate state expenditures by any item identified in the definition of website contained herein
Ascertain through a single search the total amount of state funding awarded to an entity by fiscal year, and
Download information, including the results of searches.
Website – a searchable website which includes for each state expenditure:
The name of the receiving entity
The amount of the expenditure
Information describing the expenditure such as transaction type, funding agency or program, and title descriptive of the purpose of the expenditure
The location of the entity receiving the expenditure and the primary location of performance pursuant to the expenditure, including the city, state, country and legislative district
A unique identifier of the entity receiving the award and of any parent entity of the recipient
Any other relevant information specified by the Operational Services Division.
SECTION __. The Secretary of Administration and Finance, the Comptroller, the Treasurer and the Operational Services Division are hereby authorized and directed to develop a single searchable website, accessible by the public without cost, to enable the public to research and examine state expenditures as defined herein. Said website shall be designed so as to maximize utility, minimize cost and promote accessibility of information, and shall build upon resources currently existing, including, but not limited to, the “EASI” website, so-called, administered by the Executive Office of Administration and Finance, and the Comm-Pass system, so-called, administered by the Operational Services Division of the Executive Office of Administration and Finance.
In developing said website, the Secretary shall seek to obtain the use of coding and other information management infrastructure developed by the federal government pursuant to the “Federal Funding Accountability and Transparency Act of 2006”.
Said website shall seek to provide information for Fiscal Year 2012 and subsequent years.
A plan for the development and implementation of said website, together with any estimates for funding required and other legislative recommendations, shall be filed with the clerks of the House and Senate not later than November 30, 2011."
Budget Amendment ID: FY2012-S3-121
GOV 121
FISCAL RESPONSIBILITY WITH GRANTS
Messrs. Tarr, Hedlund, Ross and Montigny moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“Section __. Notwithstanding any general or special law, rule or regulation to the contrary, before the governor, any state agency or quasi-state agency provides a discretionary tax credit or refund under chapters 58 to 65C, inclusive, of the General Laws, or any loan, grant or other financial assistance of at least $500,000 to a person, as defined in section 1 of chapter 63 of the General Laws, the governor, state agency or quasi-state agency shall submit a cost-benefit analysis detailing the prospective financial and employment impacts in the commonwealth, in writing, to the clerks of the house and senate; provided, however, that the cost-benefit analysis shall not disclose any trade secrets as defined in Clause 20-6 of Section 7 of Chapter 4 of the General Laws.”
Budget Amendment ID: FY2012-S3-122-R1
Redraft GOV 122
FAIR EMPLOYMENT AND SECURITY
Messrs. Tarr, Hedlund, Knapik and Timilty moved that the proposed new text be amended by inserting after section 37 the following section:-
"SECTION 37A. The General Laws are hereby amended by inserting after chapter 30B the following chapter:- “Chapter 30C. PUBLIC CONTRACT INTEGRITY
Section 1. For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:
“Public employer”, a department, agency or public instrumentality of the commonwealth or a person, corporation, partnership, sole proprietorship, joint venture or other business entity providing goods or services to a department, agency or public instrumentality of the commonwealth including, but not limited to, the Massachusetts Department of Transportation, the Massachusetts Water Resources Authority, the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority.
“Work authorization program”, an electronic verification of work authorization program or an equivalent work authorization program operated by the United States Department of Homeland Security, the United States Department of Labor, the Social Security Administration, other federal agency or by a private verification system authorized by the director of labor to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 and its successor acts.
Section 2. No public employer shall enter into a contract for the provision of goods or services within the commonwealth unless the contractor registers and participates in a work authorization program to verify information on all new employees and certifies to that effect in writing to the director of labor.
Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into a contract or subcontract in connection with the provision of goods or services in the commonwealth unless the contractor or subcontractor registers and participates in a work authorization program to verify information on all employees and certifies to that effect in writing to the director of labor.
Section 4. This chapter shall be enforced without regard to race, religion, gender, ethnicity or national origin.
Section 5. Except as may be otherwise provided in this chapter, the director of labor shall prescribe forms and promulgate rules and regulations necessary to implement and administer this chapter.
Section 6. The inspector general shall develop and promulgate regulations to ensure that a person receiving funds pursuant to a contract awarded pursuant to chapter 30B and section 44A of chapter 149 is in compliance with federal laws pertaining to immigration and citizenship including, but not limited to 42 U.S.C. section 1436(a). Such regulations shall include, but not be limited to, ascertaining and verifying immigration and citizenship status through a work authorization program .
Section 7. No contract shall be awarded by or to a public employer and no public funds shall be expended under any such contract unless the public employer complies with the regulations prescribed in this chapter.”
and by inserting after section 54 the following 4 sections:-
SECTION 54A. The first paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the second and third sentences and inserting in place thereof the following 4 sentences:- If the owner is a corporation or business entity, the application shall contain the name of the corporation or business entity, the full address, including the street, city or town, state and zip code, the federal tax identification number if a corporation and the social security number if the business entity is a sole proprietorship and does not have a federal tax identification number. If an applicant is a natural person, the application shall contain his name, full residential address, date of birth, license number or identification card number issued by the registrar and such other particulars as the registrar may require. Except as otherwise provided in this chapter or in regulations adopted by the registrar, no registration shall be issued for a motor vehicle or trailer owned or leased by a natural person unless 1 of its registering owners or lessees holds a valid license or identification card issued by the registrar. The registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons.
SECTION 54B. Said section 2 of said chapter 90 is hereby further amended by inserting after the word “statement”, in line 13, as so appearing, the following word:- signed.
SECTION 54C. Said section 2 of said chapter 90 is hereby further amended by striking out, in lines 21 to 23, inclusive, as so appearing, the words “register in a book or upon suitable index cards to be kept for the purpose the motor vehicle or trailer described in the application, giving to the vehicle” and inserting in place thereof the following words:- "keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer."
SECTION 54D. Section 20 of said chapter 90 is hereby amended by striking out, in lines 10 to 11, as so appearing, the words “of not less than $100 nor more than $1000” and inserting in place thereof the following words:- of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1000 for a second offense, by a fine of not less than $1,000 nor more than $2,000 or by imprisonment for not more than 30 days, or both such fine and imprisonment, for a third or subsequent offense.";
and by inserting after section 55 the following section:-
SECTION 55A. Section 24B of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner’s permit, license to operate motor vehicles or identification card or knowingly assists another to do so, shall be punished as follows: (i) for acts involving 1 to 5 documents, by a fine of not more than $500 dollars or by imprisonment in the house of correction for not more than 1 year; (ii) for acts involving 6 to 10 documents, by a fine of not more than $1,000 dollars or by imprisonment in the state prison for not more than 5 years or in jail or house of correction for not more than 2 1/2 years; for acts involving more than 10 documents, by a fine of not more than $10,000 dollars or by imprisonment in the state prison for not more than 15 years.";
and by inserting after section 64 the following section:- “SECTION 64A. Section 32 of chapter 121B of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law or rule or regulation to the contrary, an applicant for assisted housing under this chapter who is not eligible for federal assisted housing under 42 U.S.C. section 1436a or who is not a person residing in the United States under color of law as provided in section 16D of chapter 118E shall not be given priority over or otherwise displace an applicant who has such status.”;
and by inserting after section 75 the following 2 sections:-
SECTION 75A. Section 2 of chapter 149 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding the following paragraph:-
The attorney general shall continue to be available to receive reports of suspected violations of this chapter, including sections 19C and 26 relative to immigration status and wage laws and for violations of 8 U.S.C. section 1324a relative to the employment of individuals in violation of federal immigration laws. All complaints, whether received in writing, electronically or in any other form shall be documented and may be investigated as appropriate by the attorney general to the extent permitted by federal law. The attorney general shall promptly refer any substantiated violations of federal immigration law to Immigration and Customs Enforcement. The attorney general shall annually prepare a report detailing all reported violations of said sections 19C and 26 and reported violations of 8 U.S.C. sections 1324a, the nature of the violations, the date on which each complaint was received and documented, any enforcement action taken against an employer who knowingly employs illegal aliens and any violations of federal law forwarded to United States Immigration and Customs Enforcement. The report shall be submitted annually to the chairs of the house and senate committees on ways and means and to the chairs of the joint committee on labor and workforce development not later than February 1.
SECTION 75B. Section 19C of said chapter 149, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
Any person who violates this section or who knowingly utilizes a false identification document for the purposes of soliciting, securing or maintaining employment from a public employer shall be punished by a fine of not more than $500 nor less than $200 or by imprisonment in the jail or house of correction for not more than 1 year.”; and
by inserting after section 105 the following 2 sections:-
SECTION 105A. Section 183 of chapter 131 of the Acts of 2010 is herby amended by striking out subsection (a) and inserting in place thereof the following subsection:-
(a) Notwithstanding any general or special law to the contrary, the MassHealth program within the department of health and human services shall register for the federal Systematic Alien Verification for Entitlements or SAVE system by January 1, 2012, and shall use that system to verify whether applicants whose documentation is not available or is questionable are qualified aliens for benefit eligibility purposes. The department shall be exempt from this requirement if it has reported before January 1, 2012, to the senate and house committees on ways and means and the executive office for administration and finance a report detailing the specific steps it has undertaken to implement SAVE, the other departments it worked with to implement such steps, and the specific reason or reasons it was unable to implement the program before December 31, 2011. Should the department find that it is not able to implement the SAVE system prior to January 1, 2012, it shall continue to undertake all reasonable, cost-effective measures to verify the eligibility of applicants, including ensuring eligibility on the basis of citizenship, during all times it is not implementing the SAVE system and shall begin implementing a cost effective system that utilizes SAVE.
SECTION 105B. Section 184 of Chapter 131 of the Acts of 2010 is hereby amended by striking out clause (5).";
and by inserting after section 145 the following 8 sections:-
"SECTION 145A. Notwithstanding any general or special law to the contrary, public employers, contractors, or subcontractors, as defined in section 1 of chapter 30C of the General Laws, with not more than 500 employees shall not be subject to sections 2 and 3 of said chapter 30C.
SECTION 145B. Notwithstanding any general or special law to the contrary, public employers, contractors, or subcontractors, as defined in section 1 of chapter 30C of the General Laws, with not more than 100 employees shall not be subject to sections 2 and 3 of said chapter 30C.
SECTION 145C. Section 145A is hereby repealed.
SECTION 145D. Section 145B is hereby repealed.
SECTION 145E. Section 145C shall take effect on September 1, 2012.
SECTION 145F. Section 145D shall take effect on September 1, 2013.
SECTION 145G. Sections 2 and 3 of chapter 30C of the General Laws, inserted by section 37A, and sections 145A and 145B shall take effect on September 1, 2011.
"SECTION 145H. Notwithstanding any general or special law to the contrary, by December 31, 2011, the Governor shall issue a report to the clerks of the house of representatives and the senate on the progress made in securing an agreement relative to and programs pursuant to the United States Immigration and Customs Enforcement Secure Communities program."
Budget Amendment ID: FY2012-S3-123
GOV 123
ELECTRONIC PAY STUBS
Messrs. Tarr and Ross moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“SECTION __. Notwithstanding any special or general law to the contrary, the state treasurer shall furnish by electronic means a check stub or pay slip to every person who receives compensation from the Commonwealth and whose compensation is provided to them by direct deposit, unless such person does not have an electronic mail address provided by and maintained by the Commonwealth. The treasurer shall continue to provide paper checks stubs and pay slips to all such persons who receive a paper check from the Commonwealth and to those who do not have an electronic mail address provided by and maintained by the Commonwealth. Any person who does not wish to receive their check stub or pay slip electronically may request to continue to receive a paper copy of their check stub or pay slip so long as they provide written notice to the treasurer.”
Budget Amendment ID: FY2012-S3-124
GOV 124
CHARITABLE GAMING
Messrs. Tarr, Hedlund, Knapik, Timilty and Pacheco moved that the proposed new text be amended by inserting, after Section __, the following new Section:-
“SECTION __. Section 7A of chapter 271 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended, by inserting at line 36, after the word ‘bazaar’, the following:—
‘, except that the sponsoring organization may retain, at a reasonable fee, non-members to assist in the operation of such raffle or bazaar, including providing paid dealers and game supervisors to ensure that the rules of the game are properly administered and complied with, so long as only qualified members of the sponsoring organization handle the funds collected and disbursed at the raffle or bazaar."
Budget Amendment ID: FY2012-S3-125-R1
Redraft GOV 125
VOTER IDENTIFICATION
Mr. Tarr moved that the proposed new text be amended by inserting, after Section ___, the following new Section:-
“SECTION ___. Section 76 of Chapter 54 of the General Laws is hereby amended by striking the first sentence and inserting the following language:-
"Each voter desiring to vote at a polling place shall give to one of the officers at the entrance to the space within the guard rail that voter’s name and, if requested, residence, and an identification document, including but not limited to any document issued by any federal or state government agency or political subdivision, debit or credit card, tribal identification card, student identification card, retirement center identification, public assistance identification, utility bill, bank statement, or pay check. A person who desires to vote in person but does not meet the identification document requirement of the previous sentence may cast a provisional ballot under section 76C.”
Budget Amendment ID: FY2012-S3-126
GOV 126
DIVISION OF ADMINISTRATIVE LAW APPEALS
Mr. Tarr moved that the proposed new text be amended in section 2, in item 1110-1000, by inserting after the words "appealed to it;" the following:- "provided further, that the division shall submit a report to the clerk of the house of representatives and the clerk of the senate no later than September 30, 2011 listing all of the outstanding cases that have been pending for more than two years as of the date of passage of this act and detailing, for each individual case, the reason or reasons why the case has not yet been resolved;"
Budget Amendment ID: FY2012-S3-128
GOV 128
Transliteration
Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 0511-0000, by inserting after the words “generated for the commonwealth” the following words:- “provided further, that no less than $20,000 shall be allocated to the City of Boston for the purpose of preparing, printing, and distributing bilingual ballots in English and Chinese and in English and Vietnamese as required in Chapter 201 of the Acts and Resolves of 2010” and in said item by striking out the figure “$4,203,698” and inserting in place thereof the following figure:- “$4,223,698”
Budget Amendment ID: FY2012-S3-129
GOV 129
George Fingold Library
Mr. Eldridge moved that the proposed new text be amended in section 2, in item 1120-4005, by striking the figure ”$769,229” and inserting in place thereof the following figure:- “853,172”.
Budget Amendment ID: FY2012-S3-130
GOV 130
Library of the Commonwealth
Messrs. Hart and Tolman and Ms. Donoghue moved that the proposed new text be amended SECTION __ Section 19C of Chapter 78 of the General Laws, as so appearing, is hereby amended by striking out, in lines 34 and 35, the words “library of last recourse for reference and research services for the commonwealth” and inserting in place thereof the following words:- the library of the commonwealth for reference and research services.
Budget Amendment ID: FY2012-S3-131-R1
Redraft GOV 131
Library of the Commonwealth
Messrs. Hart and Tolman and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 7000-9401, by inserting the following text:-
“; and provided further, that notwithstanding any general or special law to the contrary, the library of the commonwealth shall receive not less than thirty-five and nine tenths cents for each resident of the commonwealth”
And in the same item by striking out the figure “$8,781,475” and inserting in place thereof the following figure:- “$9,131,475”
Budget Amendment ID: FY2012-S3-133
GOV 133
ABCC
Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 0610-0050, by striking out the figure “$1,893,262” and inserting in place thereof the following figure:- “$1,993,336”
Budget Amendment ID: FY2012-S3-134
GOV 134
Prevention of Underage Drinking
Mr. Petruccelli moved that the proposed new text be amended in section 2, by inserting after item 0610-0050 the following item:-
“0610-0051 For the operations of the alcoholic beverages control commission relative to the prevention of underage drinking and related programs, including but not limited to applying for and obtaining federal Alcohol, Tobacco, and Firearms funds, grants, and other federal appropriations; provided further, that the commission is hereby authorized to expend revenues up to $171,664 collected from fees generated by said commission; provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenue and related expenditures, said commission may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system……………………………………………………………...$171,664”
Budget Amendment ID: FY2012-S3-135
GOV 135
Department of Career Services
Mr. Hart moved that the proposed new text be amended in section 2, in item 7003-0702, by adding at the end thereof the following: “Provided further, that the department shall resume its grant to the ULEM pursuant to C. 182 of the Acts of 2008.”
Budget Amendment ID: FY2012-S3-136
GOV 136
Legislative Oversight of Regualtions
Ms. Candaras moved that the proposed new text be amended Ms. Candaras moves to amend the bill by inseting,after Section _______, the following new Section:-
“Section _____. Chapter 30A of the General Laws is hereby amended by inserting after section 4 the following new Section:-
Section 4A. Except for emergency regulations adopted pursuant to section two, any regulation, as defined in section one or any amendment or repeal of any such regulation adopted by an agency pursuant to this chapter, shall, after compliance with all applicable provisions of this chapter, except section five, be submitted to the general court. The agency shall file the proposed regulation, amendment or repeal with the clerks of the house of representatives and the senate, together with a statement that the pertinent provisions of this chapter, except section five have been compiled with. The clerks of the house of representatives and the senate, with the approval of the president of the senate and the speaker of the house of representatives, shall refer such regulations to the joint committee having jurisdiction of the subject matter of the regulations and to the joint committee on state administration and regulatory oversight. If a proposed regulation involves health care then it shall be referred to the joint committee on health care financing. Within thirty days after such referral, either or both committees may hold a public hearing on the regulations and shall issue a report to the appropriate agency. The report shall contain any proposed changes to the regulations voted upon by the committees. The agency shall review the report and adopt final regulations as deemed appropriate in view of the report and shall file with the chairs of the committees making the report its final regulations. If the final regulations do not contain the changes proposed by the committees, the agency shall send a letter to committees accompanying the final regulations stating the reasons why such proposed changes were not adopted. Not earlier than forty-five days after filing of such a letter and final regulations with the committees, the agency shall file the final regulations with the state secretary as provided in section five and said regulations shall thereupon take effect.
If no such proposed changes to the regulations are made to the appropriate agency within sixty days of the initial filing of the proposed regulation or any amendment or a repeal of such regulation with the clerk of the house of representatives, the agency may file the final regulations with the state secretary as provided in section five and said regulations shall thereupon take effect.”
Budget Amendment ID: FY2012-S3-139-R1
Redraft GOV 139
Massachusetts Cultural Council
Ms. Donoghue, Messrs. Wolf and Downing, Ms. Chang-Diaz, Messrs. Rosenberg, Montigny, DiDomenico and Kennedy, Ms. Clark, Ms. Creem, Messrs. Michael O. Moore and Eldridge, Ms. Chandler, Mr. Knapik, Ms. Spilka, Ms. Fargo, Mr. McGee, Ms. Candaras and Mr. Hart moved that the proposed new text be amended in section 2, in item 0640-0300, by striking out the figure “$4,449,866” and inserting in place thereof the figure “$5,449,866”.
Budget Amendment ID: FY2012-S3-140
GOV 140
Board of Library Commissioners
Ms. Clark and Ms. Creem moved that the proposed new text be amended in section 2, in item 7000-9101, by striking out the figure “$817,877” and inserting in place thereof the figure:- “$914,448”.
Budget Amendment ID: FY2012-S3-141
GOV 141
RESPONSIBLE COMPENSATION AND EMPLOYMENT PRACTICES
Messrs. Montigny and Tarr moved that the proposed new text be amended by inserting, after Section 152. The following new Section:
SECTION_____. No at-will employee of a state authority as defined in section 1 of chapter 29 of the General Laws shall be provided compensation in salary or wages in excess of the salary provided to the governor under section 1 of chapter 6 of the General Laws unless documentation, signed by the secretary of administration and finance, exists justifying such higher compensation.
SECTION_____. No state authority as defined in section 1 of chapter 29 of the General Laws shall enter into a contract with an employee that provides compensation in salary or wages in excess of the salary provided to the governor under section 1 of chapter 6 of the General Laws unless documentation, signed by the secretary of administration and finance, exists justifying such higher compensation.
SECTION_____. Any increase in compensation for at-will employees of a state authority as defined in section 1 of chapter 29 of the General Laws shall be reported to the secretary of administration and finance 30 days in advance of the proposed increase taking effect, with an explanation justifying the proposed increase.
SECTION_____. Chapter 29 of the General Laws is hereby amended by inserting after section 30 the following section:
Section 30A. Notwithstanding section 50 of chapter 3, or any other general or special law to the contrary, a state agency or state authority shall not use state funds to pay for an executive or legislative agent, as defined in section 39 of chapter 3, unless the executive or legislative agent is a fulltime employee of the state agency or state authority.
SECTION_____. Notwithstanding any general or special law to the contrary, no at-will employees of a state authority as defined in section 1 of chapter 29 of the General Laws shall receive an increase in salaries, wages, or other compensation for the period beginning July 1, 2011 and ending June 30, 2012.
Budget Amendment ID: FY2012-S3-142
GOV 142
Agency Consolidation Study
Mr. Ross moved that the proposed new text be amended by inserting, after Section_____, the following new Section:-
“SECTION ___. The secretary of administration and finance shall conduct a cost-benefit analysis of consolidating the responsibilities and charges of the inspector general, the state auditor and the attorney general. The study shall include, but not be limited to: (i) investigating potential cost savings associated with the consolidation of agency responsibilities with regards to the timely intervention of waste, fraud and abuse by the inspector general, the state auditor, and the attorney general, (ii) the possibility of centralizing the civil and criminal investigation programs and practices between the inspector general’s office and the office of the attorney general, (iii) the impact of a transfer or consolidation of efforts and responsibilities between these state agencies and any others the secretary of administration and finance deems responsible for government inspection, auditing, accountability and oversight.
The secretary shall consult with and receive information as needed from the inspector general, the attorney general and the state auditor. A report on the result of the study shall be filed not later than October 1, 2012 with the governor, the clerks of the house of representatives and the senate, and the house and senate committees on ways and means.”
Budget Amendment ID: FY2012-S3-143-R1
Redraft GOV 143
Parcel of Land in Roxbury
Ms. Chang-Diaz and Mr. Rosenberg moved that the proposed new text be amended by striking out clauses (2) and (5) of subsection (b) of section 137;
And by adding the following 2 subsections:-
“(l) Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance may sell, lease for a term up to 99 years, including all renewals and extensions, or otherwise grant, convey or transfer to the city of Northampton, for nominal consideration, those certain parcels of land located in the city of Northampton behind the property used as a department of mental health center for children and families at 78 Pomeroy terrace, or portions thereof, containing approximately 6 acres, together with any buildings and structures thereon, used as a department of mental health center for children and families.
(m) The city of Northampton shall be responsible for all costs and expenses including, but not limited to, costs associated with any engineering, surveys, appraisals and deed preparation related to the conveyance authorized in subsection (l) as such costs may be determined by the commissioner of capital asset management and maintenance.”
Budget Amendment ID: FY2012-S3-144
GOV 144
Office of Access and Opportunity
Ms. Chang-Diaz moved that the proposed new text be amended in Section 9 by inserting after the words "shall also include" the following words:- "an office of access and opportunity and"
And in Section 12 by striking the words “following paragraph” and inserting in place thereof the following words:- “following paragraphs”
And in said Section 12 by inserting at the end thereof the following paragraph:- "(f) The office of access and opportunity shall be headed by an assistant secretary for access and opportunity, who shall be appointed by the secretary with the approval of the governor. With the approval of the secretary of administration and finance, take administrative actions, including but not limited to promulgating administrative bulletins and other policies, to promote and ensure nondiscrimination and equal opportunity in the policies, services, programs, and activities of executive agencies."
Budget Amendment ID: FY2012-S3-145
GOV 145
SPONSORSHIP OF STATE FACILITIES AND ASSETS
Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended by inserting after Section__ the following new Section:-
“SECTION __. Notwithstanding any general or special law to the contrary, the Secretary of Administration and Finance shall pursue any and all opportunities for the sponsorship or naming of state assets and facilities for compensation that the Secretary deems appropriate and that is not otherwise prohibited by law. To this end the Secretary shall issue request for proposals not later than September 1, 2011 and as often as the Secretary deems necessary thereafter. Not later than January 1, 2012 the Secretary shall file reports with the House Committees on Ways and Means and the Senate Committee on Ways and Means detailing proceeds generated through sponsorships or naming rights and the details of any contracts entered into for such purposes.”
Budget Amendment ID: FY2012-S3-146
GOV 146
OFFICE OF PERFORMANCE, ACCOUNTABILITY & TRANSPARENCY
Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended in section 2, in item 1100-1100, by inserting after the end thereof the following:- “provided further, the office of the secretary shall execute a performance management program throughout the executive department including, within statutory limits for each agency: defining missions; creating measurable goals; establishing strategies for achieving those goals and relating them to budget development; monitor and review federal grant applications made on behalf of the commonwealth and coordinate efforts to maximize federal revenue opportunities and oversight of compliance with federal reporting requirements; ensure transparency of the commonwealth's administration and finance activities, including the operation of the searchable website required by section 14C of Chapter 56 of the Acts of 2010;establish and maintain a central intake unit for reports of fraud, waste and abuse; establish and maintain an economic forecasting and analysis unit to coordinate all spending and revenue forecasting by state agencies; perform duties for privatization contracts; reduce and simplify paperwork of state agencies and departments by adopting uniform forms or federal forms, if possible, when they are shorter than the corresponding state forms; implement and streamline electronic paperwork options to better facilitate public interaction with state agencies; and collaborate with other state agencies, authorities and other entities to carry out these purposes; provided further , that the secretary of administration and finance shall report to the house and senate committees on ways and means, on or before April 1, 2012, on transparency missions, measurable goals, and strategies for achieving goals in relation to budget development relative to performance, accountability and transparency; and provided further, the office of the secretary of administration and finance is unable to perform the performance management program within the amounts provided herein, the secretary shall file with the house and senate committees on ways and means an analysis of the necessary appropriations to carry out all of the elements of said program no later than 60 days after the passage of this act.”
Mr. Tarr moved to further amend the bill, in section 2, by striking line item 1100-1201 in its entirety,
And moved that the bill be amended by striking out Sections 9, 12, and 13.
Budget Amendment ID: FY2012-S3-149
GOV 149
Land Taking
Ms. Candaras moved that the proposed new text be amended Ms. Candaras moved that the bill be amended by inserting after Section ______, the following new Section:-
"SECTION_____. Section 1. Notwithstanding any general or special law to the contrary, the Massachusetts Division of Fisheries and Wildlife, hereafter referred to as the “Division”, shall not promulgate any regulation under the auspices of M.G.L. c. 131A which may result in the taking or restriction of land, including restrictions resulting from the issuance of a permit, unless such regulation is in accordance with processes set out in M.G.L. c 131A §§4-5 and such land is deemed Significant Habitat as defined by M.G.L. c. 131A §1.
Section 2. The Division shall rescind or revise any and all regulations, including, but not limited to 321 CMR 10.11-10.26 et seq., which may involve the taking or restriction of land, including restrictions resulting from the issuance of a permit, unless such regulation is in accordance with processes set out in M.G.L. c 131A §§4-5 and such land is deemed Significant Habitat as defined by M.G.L. c. 131A §1.
Section 3. The Division shall have 180 days from the date of this law taking effect to rescind or revise regulations pursuant to Section 2. If after 180 days such regulations are not rescinded, 321 CMR 10.11-10.26 et seq. shall be considered rescinded."
Budget Amendment ID: FY2012-S3-150
GOV 150
District Local Technical Assistance
Mr. Eldridge and Ms. Flanagan and Ms. Spilka and Messrs. Donnelly, Downing and Welch and Ms. Clark and Messrs. Rodrigues, Wolf, Rosenberg and DiDomenico and Ms. Fargo and Mr. Moore and Ms. Donoghue and Ms. Candaras and Mr. Pacheco moved that the proposed new text be amended by inserting after item 1599-1997 the following item:-
1599-2010. For a reserve to fund the District Local Technical Assistance Fund including projects that encourage regionalization to be administered by the division of local services and distributed through the District Local Technical Assistance Fund, established in section 2XXX of chapter 29 of the General Laws................. $2,000,000
Budget Amendment ID: FY2012-S3-151
GOV 151
Office of Performance, Accountability and Transparency
Mr. Eldridge moved that the proposed new text be amended by striking out item 1100-1201 and inserting in place thereof the following item:-
“1100-1201 For the operation of the office of commonwealth performance, accountability and transparency; provided, that the activities funded from this item may include, but not be limited to, the operations and maintenance of a performance management program, maximization of federal revenue opportunities and oversight of compliance with federal reporting requirements including the implementation and oversight of the Federal Financial Accountability and Transparency Act, section 14C of chapter 7 of the General Laws, and other statewide transparency initiatives to enhance program integrity and ongoing efforts to prevent fraud, waste and abuse throughout the executive branch………………………………………………………………$400,000”;
and by inserting after section 13 the following section:-
“SECTION 13A. Said chapter 7 is hereby further amended by inserting after section 4F the following section:-
Section 4F 1/2. There shall be established and set up a separate account, to be known as the Commonwealth Performance, Accountability, and Transparency Trust , in this section called the trust. The secretary of administration and finance shall expend funds in the trust without further appropriation to support the purposes of the office of commonwealth performance, accountability and transparency, established by paragraph (e) of section 4A. The comptroller shall annually transfer to the trust, from the indirect costs charged under section 5D of chapter 29, an amount determined by the secretary for these purposes, not exceeding $500,000 plus the one-time costs of any technology determined by the secretary.”
Budget Amendment ID: FY2012-S3-152
GOV 152
Ethics Commission Classification Exemption
Mr. Joyce moved that the proposed new text be amended by inserting after Section 152, the following new Section:-
Section____. Section 45 of chapter 30 of the General Laws is hereby amended by inserting in subsection (1), after the words “…and legislative branches…”, the following:— “…in the state ethics commission…”.
Budget Amendment ID: FY2012-S3-154
GOV 154
ANF OFFICE OF COMMONWEALTH PERFORMANCE, ACCOUNTABILITY AND TRANSPARENCY 2
Mr. Tarr moved that the proposed new text be amended by striking out Section 12 in its entirety and inserting in place thereof the following Section:-
“SECTION 12. Said section 4A of said chapter 7 is hereby further amended by inserting after the second paragraph of paragraph (d), inserted by section 10 of chapter 56 of the acts of 2010, the following paragraph:-
(e) The office of commonwealth performance, accountability and transparency shall be headed by an assistant secretary of commonwealth performance, accountability and transparency who shall be appointed by the secretary. The assistant secretary shall have at least 5 years experience in the area of performance management systems.
The office shall:
(1) execute a performance management program throughout the executive department including, within statutory limits for each agency: defining missions; creating measurable goals; establishing strategies for achieving those goals and relating them to budget development;
(2) monitor and review federal grant applications made on behalf of the commonwealth and coordinate efforts to maximize federal revenue opportunities and oversight of compliance with federal reporting requirements;
(3) ensure transparency of the commonwealth's administration and finance activities, including the operation of the searchable website required by section 14C;
(4) establish and maintain a central intake unit for reports of fraud, waste and abuse;
(5) establish and maintain an economic forecasting and analysis unit to coordinate all spending and revenue forecasting by state agencies and coordinate with the caseload forecasting office established in section 16T of chapter 6A;
(6) perform the executive office's duties for privatization contracts under section 54;
(7) reduce and simplify paperwork of state agencies and departments by adopting uniform forms or federal forms, if possible, when they are shorter than the corresponding state forms;
(8) implement and streamline electronic paperwork options to better facilitate public interaction with state agencies;
(9) have whatever other duties with respect to state agencies that the governor or secretary may assign;
(10) collaborate with other state agencies, authorities and other entities to carry out these purposes; and
(11) identify and act to capitalize on opportunities to reduce the cost of state government through competition, competitive procurement, outsourcing and privatization.”
Budget Amendment ID: FY2012-S3-158-R1
Redraft GOV 158
Amendment Restoring Funding for County Sheriffs
Messrs. Keenan and Knapik and Ms. Candaras and Ms. Clark and Messrs. Welch, Eldridge, DiDomenico, Kennedy and Timilty moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">Senator Keenan moves to amend the bill, in section 2,
in item 8910-0102, by striking out the figure "$64,209,988" and inserting in place thereof the following figure:- "$65,520,396”; and
in item 8910-0105, by striking out the figure "$39,729,986" and inserting in place thereof the following figure:- "$40,540,802”; and
in item 8910-0107, by striking out the figure "$58,708,427" and inserting in place thereof the following figure:- "$59,906,558”; and
in item 8910-0108, by striking out the figure "$8,671,430" and inserting in place thereof the following figure:- "$8,848,400”; and
in item 8910-0110, by striking out the figure "$11,559,175" and inserting in place thereof the following figure:- "$11,795,077”; and
in item 8910-0145, by striking out the figure "$14,108,413" and inserting in place thereof the following figure:- "$14,396,339”; and
in item 8910-0619, by striking out the figure "$43,356,922" and inserting in place thereof the following figure:- "$44,241,756”; and
in item 8910-8200, by striking out the figure "$21,517,391" and inserting in place thereof the following figure:- "$21,956,519”; and
in item 8910-8300, by striking out the figure "$27,202,704" and inserting in place thereof the following figure:- "$27,757,860”; and
in item 8910-8400, by striking out the figure "$2,453,748" and inserting in place thereof the following figure:- "$2,516,480”; and
in item 8910-8500, by striking out the figure "$747,844" and inserting in place thereof the following figure:- "$766,940”; and
in item 8910-8600, by striking out the figure "$23,980,272" and inserting in place thereof the following figure:- "$24,469,667”; and
in item 8910-8700, by striking out the figure "$24,810,825" and inserting in place thereof the following figure:- "$25,317,169”; and
in item 8910-8800, by striking out the figure "$88,042,732" and inserting in place thereof the following figure:- "$89,839,522”.
Budget Amendment ID: FY2012-S3-159-R1
Redraft GOV 159
COMMONWEALTH COMPETITION COUNCIL
Mr. Tarr moved that the proposed new text be amended by inserting, after Section ___, the following new Sections:-
“SECTION __. Chapter 7 of the General Laws is herby amended by striking Sections 52 to 55, inclusive in their entirety and inserting in place thereof the following sections:-
Section 52. Definitions
As used in sections fifty-two to fifty-five, inclusive, the following words shall have the following meanings:--
"Council", the Commonwealth Competition Council.
"Privatization" means a variety of techniques and activities which promote more involvement of the private sector in providing services that have traditionally been provided by government. It also includes methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector.
"Agency'', an executive office, department, division, board, commission or other office or officer in the executive branch of the government of the commonwealth, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Port Authority and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.
Section 53. Creation of Council and Duties
A. There is hereby created in the executive branch the Commonwealth Competition Council.
B. The council shall examine and promote methods of providing a portion or all of select government-provided or government-produced programs and services through the private sector by a competitive contracting program, and advise the governor, the legislature, and executive branch agencies of the council's findings and recommendations.
C. The council shall develop an institutional framework for a statewide competitive program to encourage innovation and competition within state government.
D. The council shall establish a system to encourage the use of feasibility studies and innovation to determine where competition could reduce government costs without adversely impacting the public.
E. The council shall monitor the products and services of state agencies to bring an element of competition and to ensure a spirit of innovation and entrepreneurship.
F. The council shall advocate, develop and accelerate implementation of a competitive program for state entities to ensure competition for the provision or production of government services, or both, from both public and private sector entities.
G. The council shall determine the privatization potential of a program or activity; perform cost/benefit analyses; and conduct public and private performance analyses. The secretary for administration and finance shall independently certify the results of the comparison.
H. The council shall devise, in consultation with the secretary for administration and finance, evaluation criteria to be used in conducting performance reviews of any program or activity which is subject to a privatization recommendation.
I. The council shall, to the extent practicable and to the extent that resources are available, make its services available for a fair compensation to any political subdivision of the Commonwealth.
Section 54. Appointment
A. The council shall consist of eleven members; 2 members of the senate, 1 of whom shall be appointed by the minority leader; 2 members of the house of representatives, 1 of whom shall be appointed by the minority leader; two employees of executive branch agencies to be appointed by the governor; one member appointed by the inspector general; one member of the private sector to be appointed by the governor; one member of the private sector to be appointed by the speaker of the house; one member of the private sector to be appointed by the president of the senate; and one member of an organized labor group appointed by the governor.
B. The council shall convene on a quarterly basis. Six members of the council shall constitute a quorum. No action shall be taken by the council without the concurrence of at least six members.
C. The council shall present a quarterly analysis report to the general court; the governor; and the house and senate committee on ways and means. The report shall be published on the official website of the commonwealth.
Section 55. Cooperation of other state agencies.
All agencies of the Commonwealth shall cooperate with the council and, upon request, assist the council in the performance of its duties and responsibilities. The council shall not impose unreasonable burdens or costs in connection with requests of agencies.
The provisions of this act, unless otherwise extended, terminated or modified, shall expire on June 30, 2016.”
Budget Amendment ID: FY2012-S3-160
GOV 160
For the south middlesex registry of deeds
Ms. Jehlen and Mr. DiDomenico moved that the proposed new text be amended in section 2, in item 0540-1500, in section 0540-1500 by striking the figure "2,875,012" and inserting in place thereof, "2,905,012".
Budget Amendment ID: FY2012-S3-161-R1
Redraft GOV 161
Direct Care Salary Reserve
Mr. Rodrigues and Ms. Spilka and Mr. Knapik and Ms. Jehlen and Messrs. Michael Moore and Welch and Ms. Fargo and Ms. Chang-Diaz and Messrs. Petruccelli, Kennedy and DiDomenico and Ms. Clark and Messrs. Eldridge and Keenan and Ms. Candaras and Messrs. Donnelly and Richard Moore moved that the proposed new text be amended in section 2, by inserting at the end thereof the following new section:-
"Section XX. Notwithstanding any general or special law to the contrary, the commonwealth health insurance connector authority shall conduct a procurement in fiscal year 2012 for personnel, including direct care workers, earning less than $40,000 in annual compensation who are employed by private human service providers that deliver human and social services under contracts with departments within the executive office of health and human services and the executive office of elder affairs. The procurement shall be released no later than January 1, 2012 for coverage effective in fiscal year 2012. In developing regulations as necessary for the procurement, bid, the administration of, and the procedures of this section the Connector shall consult with the Massachusetts council on human service providers. Any purchaser of health insurance coverage pursuant to this section shall pay the commonwealth health insurance connector authority for 100% of the costs of such coverage, including reasonable administrative expenses."
Budget Amendment ID: FY2012-S3-162-R2
2nd Redraft GOV 162
Disabled Persons Protection Commission
Messrs. Berry, DiDomenico, Keenan and Kennedy moved that the proposed new text be amended in section 2, in item 1107-2501, <w:p><w:r><w:t xml:space="preserve">Messrs. Berry, DiDomenico, Keenan and Kennedy moved that the bill be amended, in Section 2, in item 1107-2501, by striking out the figure "$2,174,159" and inserting in place thereof the following figure:- "$2,214,159".
Budget Amendment ID: FY2012-S3-163-R1
Redraft GOV 163
Election Division
Mr. Kennedy moved that the proposed new text be amended in section 2, in item 0521-0000, by inserting at the end thereof the following words:- “prior appropriation continued”
Budget Amendment ID: FY2012-S3-165
GOV 165
Relief for Coastal Communities
Messrs. Hedlund and Tarr moved that the proposed new text be amended in Section 2, in item 1599-XXXX, by inserting at the end thereof the following:- "For a reserve to reimburse municipalities for costs incurred by said municipalities during and as a result of the Nor'easter of December 26 and 27 of 2010; provided that all damages having been previously calculated by said municipalities and submitted to the Massachusetts Emergency Management Agency for review prior to April 1, 2011; provided further that not less than $2,000,000 be placed in said reserve to fund reimbursement claims submitted by said municipalities; provided further that funds be distributed to said municipalities by the Massachusetts Emergency Management Agency in a fair and equitable manner based on the total damage claim submitted by each eligible municipality before April 1, 2011; provided further that the Massachusetts Emergency Management Agency must distribute all funds to said municipalities that have made claims under this item no later than December 1, 2011"
Budget Amendment ID: FY2012-S3-167-R2
2nd Redraft GOV 167
Stamper allowance
Messrs. Welch, Knapik and Pacheco moved that the proposed new text be amended by inserting after section 53 the following section:-
“SECTION 53A. Section 30 of chapter 64C of the General Laws, as so appearing, is hereby amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-
A stamper who has complied with his chapter and, to the extent applicable, section 3A of chapter 64H and chapter 94F, including the rules and regulations promulgated thereunder, may withhold and retain from each payment to be made by him for such stamps as compensation for service rendered in compliance with this chapter and, to the extent applicable, said section 3A of said chapter 64H and said chapter 94F the following amounts:(1) in the case of encrypted cigarette excise stamps purchased and not returned for an abatement, with respect to a roll of 1,200 encrypted stamps, $12 per roll; and (2) in every annual 12-month period beginning July 1 with respect to a roll of 30,000 encrypted stamps, $600 per roll for the first 50 rolls purchased by a stamper and $200 per roll for each additional roll; and (3) in the case of non-encrypted cigarette excise adhesive stamps purchased and not returned for an abatement, $1.85 for each 600 and a proportionate amount for any fraction thereof.”;
And by inserting after section 150 the following section:-
“SECTION 150A. Section 53A shall apply to stamps purchased on or after January 1, 2012.”
Budget Amendment ID: FY2012-S3-168-R1
Redraft GOV 168
Information Technology
Mr. Pacheco moved that the proposed new text be amended by striking out section 14 and inserting in place thereof the following section:-
"SECTION 14. The definition of "Privatization contract" in section 53 of said chapter 7, as appearing in the 2008 Official Edition, is hereby amended by adding the following sentence:- A contract for information technology services is not a privatization contract if an employee organization recognized under chapter 150E as the exclusive representative of an affected employee, as determined by the secretary of administration and finance, agrees to its terms in writing."
Budget Amendment ID: FY2012-S3-169
GOV 169
MUNICIPAL LESSEES
Messrs. Tarr and Donnelly moved that the proposed new text be amended in Section 136 by inserting after the word "except" in subsection (k) the words "any selected offeror that is a municipality or a partnership of or with one or more municipalities, or except".
Budget Amendment ID: FY2012-S3-169.1
Further GOV 169.1
Municipal Lessees
Mr. Donnelly moved that the amendment be amended (No. 169 by Mr. Tarr) by striking the amendment in its entirety and inserting in place thereof the following:- Mr. Donnelly moves that the bill be amended in section 136 by inserting after the word “except” in subsection (k) the words “any selected offeror that is a municipality or a partnership of or with one or more municipalities, or except”,