Government Amendments

Budget Amendment ID: FY2013-S4-99

GOV 99

Police Staffing Grants

Ms. Donoghue and Messrs. Rodrigues, McGee, Finegold and Michael O. Moore moved that the proposed new text be amended in section 2, in item 1599-0026, by striking out the figure “3,000,000” and inserting in place thereof the following figure:- “$4,000,000” and

by striking out the figure “$7,000,000” and inserting in place thereof the following figure:- “$8,000,000”.

Budget Amendment ID: FY2013-S4-100

GOV 100

YMCA of Greater Boston Capital Project

Mr. Rush moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting the following item:-

XXXX-XXXX For a capital projects reserve; provided further that not less than $500,000 shall be expended to assist in the expansion of the YMCA of Greater Boston in West Roxbury......$500,000

Budget Amendment ID: FY2013-S4-101

GOV 101

Massachusetts Cultural Council

Ms. Donoghue and Messrs. Eldridge and Rosenberg and Ms. Creem and Ms. Fargo and Messrs. Knapik, Joyce, Hart and DiDomenico and Ms. Chang-Diaz and Mr. Brownsberger and Ms. Clark and Michael O. Moore and Ms. Chandler and Messrs. Petruccelli, Montigny and Downing moved that the proposed new text be amended in section 2, in item 0640-0300, by striking out the figure “$6,254,109” and inserting in place thereof the following figure:- “$8,000,000”

Budget Amendment ID: FY2013-S4-102

GOV 102

LLC Filing Fees for Small Businesses

Ms. Donoghue and Mr. Joyce moved that the proposed new text be amended by inserting, after Section __, the following new Section:-

SECTION __. Section 12 of chapter 156C, as so appearing, is hereby amended by striking subsection (d) of paragraph (9) and inserting in place thereof the following:-

(d) The fee for the filing of the certificate of organization required by subsection (a) shall be five hundred dollars. The fee for the filing of the annual report required by subsection (c) shall be five hundred dollars, notwithstanding subsection (e). Such fees shall be paid to the state secretary at the time the certificate of organization or the annual report is filed.

(e) The fee for the filing of the annual report required by subsection (c) for a limited liability company with 6 employees or less shall be two hundred and fifty dollars. Such fees shall be paid to the state secretary at the time the annual report is filed.

Budget Amendment ID: FY2013-S4-103

GOV 103

Accuracy in Gasoline Pricing

Mr. Hedlund moved that the proposed new text be amended in Section XX, by inserting, at the end thereof, the following new section:-

SECTION 1: Section 295C of chapter 94 of the Massachusetts General laws is hereby amended by adding the following paragraph:-The price on the marquee of the retail dealer shall equal the credit card price of dispensing one gallon of gasoline.

Budget Amendment ID: FY2013-S4-104

GOV 104

Optimizing MBTA Fares

Messrs. Hedlund, Ross, Knapik and Tarr moved that the proposed new text be amended in Section XX, by inserting, at the end thereof, the following new Section:-

SECTION 1: Notwithstanding any special or general law to the contrary, the MBTA Board of Directors shall furnish a study which includes a cost-benefit analysis of differentiated fare pricing, which includes but is not limited to differentiated fares for peak and off-peak travel as well as for distance travelled, for any and all MBTA service lines. This study must also assess the feasibility of implementing such a price scheme . This study shall be furnished to the clerks of the House and Senate, as well as with the joint committee on transportation no later than March 1, 2013.

Budget Amendment ID: FY2013-S4-105

GOV 105

Secondary Metals

Mr. Timilty moved that the proposed new text be amended by inserting at the end thereof the following new Section:-

“SECTION X. Chapter 6 of the General Laws is hereby amended by adding the following section:-

Section 216. Subject to distribution from the Secondary Metals Registry Trust Fund, established by section 35LL of chapter 10, the executive office of public safety and security, in cooperation with the criminal history systems board, shall establish a secondary metals registry. The registry shall consist of a central computerized registry of all information relative to metal received or kept pursuant to, or in violation of, chapter 140B½ or which was the subject of a transaction conducted in violation of said chapter 140B½. The registry shall be maintained and updated by the criminal history systems board any may use distributions from said fund for such purpose and no other. With the agreement of the criminal history systems board, information relative to metal which was stolen, or otherwise the subject of a violation of chapter 266, but not the subject of a violation of chapter 140B½, may be submitted for entry into the registry by a law enforcement agent.

The secretary of public safety and security, in cooperation with the criminal history systems board, shall develop standardized forms for use in connection with information collection requirements imposed under chapter 140B½. The department of public safety and security shall make blank copies of such forms available, including electronically, to municipalities and to secondary metal dealers for use by such dealers and may provide for such forms to be transmitted to the registry electronically. Such forms shall prominently include a statement that provision of false information or any other violation of sections 4 or 5 of said chapter 140B½ of the General Laws is punishable by a fine of not more than $2,500 or by imprisonment in the house of correction for not more than 2½ years, or by both such fine and imprisonment for a first offense and by a fine of not less than $2,500 nor more than $10,000 or by imprisonment in the house of correction for not more than 2½ years or in the state prison for not less than 5 years, or by both such fine and imprisonment for a second or subsequent offense. Upon a third or subsequent violation of any provision of said chapter 140B½, the license of a secondary metals dealer shall be void and the licensing authority shall permanently revoke such license.

Said secretary shall adopt regulations, consistent with the purposes of said chapter 140B½, to collect the information required to be obtained and kept by secondary metal dealers and to maintain that information in the registry for use by law enforcement agencies. Records maintained in the secondary metals registry shall be open to any law enforcement agency in the commonwealth, the United States or any other state. Information in the registry database shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66.

Section 2. Chapter 10 of the General Laws is hereby amended by inserting after section 35SS the following section:-

Section 35TT. There is hereby established on the books of the commonwealth a separate fund to be known as the Secondary Metals Registry Trust Fund. The fund shall consist of monies paid to the commonwealth pursuant to chapter 140B½ and any interest or investment earnings on such monies. The state treasurer, ex officio, shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him pursuant to this section and shall credit interest and earnings to the fund. The state treasure shall distribute 50 per cent of any fine collected and transferred to the fund, pursuant to said chapter 140B½, to the municipality wherein the violation of said chapter 140B½ occurred and 50 per cent to the criminal history systems board for the establishment and maintenance of the secondary metals registry established under section 216 of chapter 6, without further appropriation.

Section 3. The General Laws are hereby amended by inserting after chapter 140B, the following chapter:-

CHAPTER 140B½

SECONDARY METAL DEALING

Section 1 . For the purposes of this chapter, the following terms shall have the following meanings unless the context clearly requires otherwise:

“Engaging in a business”, a regular occupation or constant employment; not an isolated or occasional transaction.

“Licensing authority”, the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them.

“Metal” or “metal article”, any substance or article consisting of metal or a metal alloy, but excluding aluminum beverage containers if such containers have a refund value pursuant to section 322 of chapter 94.

“Secondary metals dealer”, any business, individual, corporation, association or organization engaged in secondary metals dealing for profit, whether or not licensed pursuant to section 2.

“Secondary metals dealing”, engaging in a business, from a fixed location or otherwise, of gathering or obtaining metal or metal articles that are no longer in use and the economic value thereof is based upon the metal or metal article’s potential for re-use or upon the worth of the raw material of which such metal or metal article is made.

Section 2. (a) The licensing authority in any city or town may license suitable persons to engage in secondary metal dealing within the borders of such municipality. A licensing authority may make additional rules, regulations and restrictions, not inconsistent with this chapter, which shall be expressed in all licenses issued pursuant to this section; provided, however, that such regulations shall include a requirement that a license issued pursuant to this section shall expire 1 year from the date of issue, may be renewed, and a fee of $250 shall be assessed for the initial license, 50 per cent of which fee shall be forwarded by the collecting municipality to the state treasurer who shall deposit such monies into the Secondary Metals Registry Trust Fund, established by section 35TT of chapter 10 and $75 shall be assessed for renewals for such licenses; and provided further, that any application for licensure or renewal shall designate a resident agent for service of process which designation may only be withdrawn, in writing, and upon designation of a new resident agent for such purpose. A license issued under section 54 or 54A of chapter 140 shall not be deemed a valid license for engaging in secondary metals dealing. Licenses issued pursuant to this section may be revoked and shall be subject to sections 202 to 205, inclusive, of said chapter 140.

(b) A licensing authority shall enter premises used by any licensee to engage in secondary metals dealing, wherein the records required to be maintained under this chapter are stored or maintained, and inspect, in a reasonable manner, such records and inventory at least once per calendar year during regular business hours for the purpose of enforcing this chapter. If the records or inventory contain evidence of a violation of this chapter, the inspecting officer shall produce and take possession of copies of the records. But, if the licensee does not possess the means to provide copies, the inspecting officer shall arrange to obtain copies in a reasonable time and manner, those records that contain evidence of the violation and the costs for obtaining the copies shall be assessed against the owner of the records.

(c) The licensing authority, his authorized agent or a police officer may at any time enter upon premises being used for secondary metals dealing to ascertain whether or not the operator thereof is validly licensed, whether such enterprise is being operated in accordance with this chapter and to examine all articles received or stored in or upon the premises and all books, records and inventory relating thereto. A secondary metals dealer shall exhibit to the licensing authority, his authorized agent or a police officer, upon demand, all such articles, books or inventory.

(d) The department of state police and municipal police shall enforce this chapter.

Section 3. (a) It shall be illegal to engage in secondary metals dealing without a license issued in accordance with section 2.

(b) Whoever violates this section shall be punished, for a first offense, by a fine of not more than $2,500 or 2½ years in the house of correction. Whoever commits a second or subsequent violation of this section shall be punished by 2½ years in the house of correction or a fine of not more than $5,000 or by not more than 5 years in state prison and a fine of not more than $5,000, or by both such fine and imprisonment.

Section 4. (a) Whoever engages in secondary metals dealing shall keep, for each transaction, the following records together in a book, register or electronic archive for 2 years:

(1) a legible statement to be recorded in a book or register, and signed by the person from whom the metal is received, stating such person’s name, current address and date and place of birth and a statement from such person providing when, where and from whom such person obtained that metal;

(2) a photocopy of a government issued identification card, issued to the person from whom the metal is received; provided, however, that if a photograph of such person does not appear on the identification card, a photo of the person’s face shall be taken and retained;

(3) a photograph and a record of the weight of each individual metal article with a fair market value in excess of $250, unless such article bears an identifying number or mark imprinted or embossed on such article during the manufacturing process and unique to such object or to the object from which the metal was taken including, but not limited to, a vehicle identification number; provided, however, that any photograph depicting more than 1 such article shall be sufficiently clear so as to distinguish each article from any other article in the photograph; provided further, that if a unique identifying number or mark is imprinted or embossed on an article, that number or mark shall be recorded and neither a photograph nor the recorded weight of such article shall be required unless the article is gold, silver or platinum with a fair market value over $250 in the condition in which it was received, in which case such article shall be photographed notwithstanding any such unique number or mark thereon;

(4) forward, not later than 48 hours from the time of receipt, the information required under clauses (1) to (3), inclusive, to the criminal history systems board on forms provided by said board or by the municipality in which the metal is received; and

(5) retain any metal or metal article received for 10 days following the postmark on, or the date of electronic transmission of , the information sent to the criminal history systems board as required under clauses (1) to (3), inclusive, and preserve such metal or article during such 10 days in the exact form in which it was received, without processing, tearing down, shredding, crushing, cutting, recycling, compacting, melting or otherwise alteration thereof.

(b) It shall be illegal to engage in secondary metals dealing and to:

(1) knowingly accept a false name, address, date of birth or proof of identification or a false source from which metal or metal articles were obtained from any person seeking to exchange metal or metal articles for money or some other thing of value, with the intent to profit economically thereby;

(2) refuse the licensing authority, his authorized agent or a police officer entry onto the premises used for secondary metals dealing, fail to exhibit to the licensing authority, his authorized agent or a police officer, upon demand, all articles, books or inventory, or willfully hinder, obstruct or prevent the licensing authority, his authorized agent or a police officer from entering such premises for the purpose of conducting an examination of records or inventory or the validity of any license purportedly issued pursuant to section 2;

(3) receive any street sign, manhole cover, beer keg, propane container for fueling forklifts, street light, guard rail, water meter cover, railroad track, railroad spike, funeral or memorial marker, any metal item bearing the mark of any government entity, utility company or brewer, or copper wire, the insulation around which such dealer knew, or reasonably should have known, had been burned or stripped away; provided, however, that the manufacturer or authorized distributor of these metal articles shall be exempt from this clause if such manufacturer or distributor refills, reuses or recycles such articles of its own manufacture or that it distributes; or

(4) receive any motor vehicle or trailer, or part thereof, which such dealer knew, or reasonably should have known, that the identifying number or mark thereon had been removed, defaced, altered, destroyed or obliterated.

(c) It shall be illegal to knowingly provide a false name, address, date of birth or proof of identification, or a false source from which metal or metal articles were obtained to a secondary metals dealer, with the intent to exchange metal or metal articles for money or some other thing of value.

(d) Whoever violates any provision of this section shall be punished, for a first offense, by a fine of not more than $2,500 or by imprisonment in the house of correction for not more than 2½ years, or by both such fine and imprisonment. Whoever commits a second or subsequent violation of this section shall be punished by a fine of not less than $2,500 nor more than $10,000 or by imprisonment in the house of correction for not more than 2½ years or in the state prison for not less than 5 years, or by both such fine and imprisonment.

(e) Upon a third or subsequent violation of this chapter, the license of a secondary metals dealer shall be void and the licensing authority shall permanently revoke such license and such license revocation may be imposed in addition to any criminal penalties imposed as a result of a violation of this chapter.

Section 5. Notwithstanding any general or special law to the contrary, 100 per cent of the fines imposed pursuant to a violation of this chapter shall be transferred by the court to the state treasurer for deposit into the Secondary Metals Registry Trust Fund, established under section 35TT of chapter 10.

Section 6. Any premises used for secondary metals dealing and operated in violation of this chapter shall be deemed a nuisance and the licensing authority, the state police or local police department of the municipality in which such premises are located, the applicable district attorney or the attorney general may make application to the superior court in the county wherein the secondary metals dealing operation is established or maintained for an injunction to abate such nuisance.

Section 7. (a) The following property shall be subject to forfeiture:

(1) all metal or metal articles which have been received, maintained, transferred or altered or in any manner obtained or kept in violation of this chapter;

(2) all materials, products and equipment of any kind used, or intended for use, in processing, transporting, purchasing, exchanging or recycling metals or metal articles in violation of this chapter;

(3) all conveyances used, or intended for use, to transport, conceal or otherwise facilitate the processing, transporting, purchasing, exchanging or recycling of metals or metal articles in violation of this chapter;

(4) all money , negotiable instruments, securities or other things of value furnished, or intended to be furnished, by any person in exchange for metal or metal articles in violation of this chapter, all proceeds traceable to such an exchange, including real estate and any other thing of value, and all moneys, negotiable instruments and securities used, or intended to be used, to facilitate any violation of this chapter;

(5) all real property, including any right, title and interest in the whole of any lot or tract of land and any appurtenances or improvements thereto, which is used in any manner or part, to commit or to facilitate the commission of a violation of this chapter; and

(6) all property which is used, or intended for use, as a container for property described in clauses (1) or (2).

(b) No forfeiture under this section shall extinguish a perfected security interest held by a creditor in a conveyance or in any real property at the time of the filing of the forfeiture action.

(c) Property subject to forfeiture under subsection (a) shall, upon motion of the petitioner, be declared forfeit by any court having jurisdiction over such property or having final jurisdiction over any related criminal proceeding brought under this chapter.

(d) The court shall order forfeiture of all conveyances and of all real property subject to subsection (a), except as follows:

(1) no conveyance used by any person as a common carrier in the transaction of business as a common carrier shall be forfeited unless it shall appear that the owner or other person in charge of such conveyance was a consenting party to, or privy to, a violation of this chapter;

(2) no conveyance shall be forfeited by reason of any act or omission established by the owner thereof to have been committed or omitted by any person other than such owner while such conveyance was unlawfully in the possession of a person other than the owner in violation of the criminal laws of the United States, of the commonwealth or of any other state; and

(3) no conveyance or real property shall be subject to forfeiture unless the owner thereof knew, or should have known, that such conveyance or real property was used in and for the business of secondary metals dealing in violation of this chapter. Proof that the conveyance or real property was used to facilitate a violation of this chapter on 3 or more different dates shall be prima facie evidence that the conveyance or real property was used in and for the business of unlawful secondary metals dealing.

(e) (1) The attorney general, a district attorney or a municipality may petition the superior court in the name of the commonwealth or, in the case of a municipality, in such municipality’s name, in the nature of a proceeding in rem to order forfeiture of property subject to forfeiture under subsection (a). Such petition shall be filed in the court having jurisdiction over such property or having final jurisdiction over any related criminal proceeding brought under this chapter. If the property is claimed by any person, other than the commonwealth, the plaintiff in all such suits shall have the burden of proving to the court the existence of probable cause to institute the action and any such claimant shall then have the burden of proving that the property is not forfeitable pursuant to subsection (a). The owner of such property, or other person claiming thereunder , shall have the burden of proof as to the exceptions set forth in subsections (d) and (i). The court shall order the forfeiture petitioner to give notice, by certified or registered mail, to the owner of the property which is the subject of the forfeiture proceeding and to such other persons as appear to have an interest therein and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the petition. Upon the motion of the owner of such property, the court may continue the hearing on the petition pending the outcome of any criminal trial related to the violation of this chapter. At such hearing, the court shall hear evidence and make conclusions of law and shall thereupon issue a final order from which the parties shall have a right of appeal. In all such suits in which a final order results in an order of forfeiture, the final order shall provide for disposition of such property by the commonwealth, or any subdivision thereof, in any manner not prohibited by law, including official use by authorized law enforcement or other public agency, sale at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice and the balance thereof shall be distributed as provided in subparagraph (2).

(2) The final order of the court shall provide that moneys and the proceeds of any sale conducted pursuant to subparagraph (1) shall be distributed equally among the prosecuting district attorney or attorney general, the municipal or state police department involved in the seizure and the municipality in which such property is located. If more than 1 police department was substantially involved in the seizure, the court having jurisdiction over the forfeiture proceeding shall equitably divide, among each of the departments involved, the 1/3 share of the money and proceeds of such sale that would be distributed as if a single department was involved in the seizure.

(3) There shall be established, within the office of the state treasurer, separate special law enforcement trust funds for each district attorney and for the attorney general. All such monies and proceeds received by the attorney general or any prosecuting district attorney pursuant to this subsection shall be deposited into such a trust fund and may be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the attorney general or such district attorney deems appropriate.

All such moneys and proceeds received by any police department pursuant to this subsection shall be deposited into a special law enforcement trust fund and may be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or to accomplish such other law enforcement purposes as the colonel of state police or applicable chief of police deems appropriate, but such funds shall not be considered a source of revenue to meet the operating needs of such department.

(f) Any officer, department, or municipality having custody of any property subject to forfeiture under this chapter or having disposed of such property shall keep and maintain full and complete records showing from whom it received such property, under what authority it held or received or disposed of such property, to whom it delivered such property, the date and manner of destruction or disposition of such property, and the exact kind, quantity and form of such property. The records shall be open to inspection by the attorney general and state officers charged with enforcement of this chapter. Persons making final disposition or destruction of such property under court order shall report, under oath, to the court the exact circumstances of such disposition.

(g) (1) During the pendency of forfeiture proceedings, the court may issue, at the request of the petitioner, ex parte, any preliminary order or process as is necessary to seize or secure the property for which forfeiture is sought and to provide for its custody including, but not limited to: an order that the petitioner remove the property, if possible, and safeguard it in a secure location in a reasonable fashion; that monies be deposited in an interest-bearing escrow account; and that a substitute custodian be appointed to manage such property or a business enterprise. Property taken or detained under this section shall not be repleviable , but once seized shall be deemed to be lawfully in the custody of the petitioner pending forfeiture, subject only to the orders and decrees of the court having jurisdiction thereof. Process for seizure of such property shall issue only upon a showing of probable cause, and the application therefore and the issuance, execution, and return thereof shall be subject to chapter 276, so far as applicable.

(2) The office of seized property management within the division of capital asset management and maintenance, established under section 47 of chapter 94C, shall preserve and manage property seized pursuant to this chapter, in a reasonable fashion, dispose of such property upon a judgment ordering forfeiture issued pursuant to this chapter and enter into contracts to preserve, manage and dispose of such property. The office of seized property management shall be funded by a portion of the proceeds of each sale of such managed property to the extent provided as payment of reasonable expenses under subsection (e).

(h) The owner of any real property which is the principal domicile of the immediate family of the owner and which is subject to forfeiture under this section may file a petition for homestead exemption with the court having jurisdiction over such forfeiture. The court may, in its discretion, allow the petition exempting from forfeiture an amount allowed under section 1 of chapter 188. The value of the balance of such principal domicile, if any, shall be forfeited as provided in this section. Such homestead exemption may be acquired on only 1 principal domicile for the benefit of the immediate family of the owner.

(i) A forfeiture proceeding affecting the title to real property, or the use and occupation thereof, or the buildings thereon, shall not have any effect except against the parties thereto and persons having actual notice thereof, until a memorandum containing the names of the parties to such proceeding, the name of the municipality wherein the affected real property lies, and a description of such real property sufficiently accurate for identification is recorded in the registry of deeds for the county or district wherein the real property lies. At any time after a judgment on the merits, or after the discontinuance, dismissal or other final disposition is recorded by the court having jurisdiction over such matter, the clerk of such court shall issue a certificate of such judgment, discontinuance, dismissal or other final disposition and that certificate shall be recorded in the registry in which the original memorandum recorded pursuant to this section was filed.

Section 4 . Section 202 of said chapter 140, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 2, the words “, old metals.”

Section 5 . Said section 202 of said chapter 140, as so appearing, is hereby further amended by inserting after the word “pawnbrokers”, in line 2, the words “, secondary metals dealers”.

Section 6. Chapter 266 of the General Laws is hereby amended by striking out section 142A, as so appearing.

Section 7. Section 70C of chapter 277 of the General Laws, as so appearing, is hereby amended by inserting after the second sentence the following sentence:- This section shall apply to a violator of chapter 140B½ once only; provided, however, that any such violator who agrees to treat such violation as a civil offense shall be assessed a fine of $500, which fine shall not be waived; and provided further, that notwithstanding any general or special law to the contrary, 100 per cent of such fine shall be forwarded to the state treasurer for deposit into the Secondary Metals Registry Trust Fund, established under section 35PP of chapter 10.

Section 8 Notwithstanding any general or special law to the contrary, the attorney general shall establish a 2-year pilot program to implement a state “Massachusetts abandoned property registry”, hereinafter referred to as MAP. Such registry shall require all property owners, including lenders, trustees and service companies, to properly register and maintain vacant and/or foreclosing properties located in the state.

The attorney general shall have enforcement authority of the pilot program, and shall establish rules governing the implementation and administration of the MAP pilot program.

The MAP pilot program shall be implemented 120 days after the effective date of this act and shall expire 2 years thereafter.

Section 9 . Section 2 of chapter 140B½ of the General Laws shall take effect 6 months after the effective date of this act. The remainder of this bill shall take effect 1 year after the effective date of this act.

Section 10. Notwithstanding any provision of this act, nothing herein shall be construed to apply to any consumer product buy-back or trade-in program that requires participants to proactively enroll in the program at time of purchase of the original product in order to participate.

Section 11. Notwithstanding any provision of this act, nothing herein shall be construed to apply to any entity subject to the regulation and reporting requirements of the National Motor Vehicle Title Information System as set forth in 49 U.S.C. 30501.”

Budget Amendment ID: FY2013-S4-106

GOV 106

Alcoholic Beverages Control Commission

Messrs. Timilty and Michael O. Moore moved that the proposed new text be amended in section 2, in item 0610-0050, by striking out the figure “$2,060,249” and inserting in place thereof the following figure:- “$2,173,736”.

Budget Amendment ID: FY2013-S4-107

GOV 107

Medical Device Sales Tax Exemption

Mr. Timilty moved that the proposed new text be amended by adding at the end thereof the following new Section:-

Section X. Notwithstanding any general or special law to the contrary, the department of revenue, in conjunction with the executive office of health and human services, shall investigate and report on the feasibility and costs of implementing a sales tax exemption for any medical equipment deemed medically necessary and prescribed by a physician. The department of revenue shall report its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate, the joint committee on revenue and the house and senate committees on ways and means not later than December 31, 2012.

Budget Amendment ID: FY2013-S4-108

GOV 108

COMMONWEALTH COMPETITION COUNCIL

Messrs. Tarr, Knapik and Hedlund 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 establish approval, planning, and reporting processes required to carry out the functions of the council.

H. 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.

I. 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.

J. 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 thirteen 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; four employees of executive branch agencies to be appointed by the governor; two members 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. Legislative members shall serve on the council until the expiration of their terms of office or until their successor shall qualify. Three of the members who are employees of the executive branch, one member from the private sector and member of organized labor appointed by the governor shall be appointed for terms of three years. Members of the private sector appointed by the speaker of the house and president of the senate shall be appointed for terms of three years.

C. Appointments to fill vacancies shall be for the unexpired terms. No person shall be eligible to serve for or during more than two successive three-year terms. Executive branch agency members shall serve only as long as they retain their positions.

D. The council shall annually elect its chairman and vice chairman from among its members.

E. Seven members of the council shall constitute a quorum. No action shall be taken by the council without the concurrence of at least six members.

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.”

Budget Amendment ID: FY2013-S4-108.1

Further GOV 108.1

COMMONWEALTH COMPETITION COUNCIL

Messrs. Knapik, Tarr, Ross and Hedlund moved that the amendment be amended by striking out the text, and inserting in place thereof the following text:-

“is amended by inserting, after section _, the following 2 sections:-

“SECTION_. Section 53 of chapter 7 of the General Laws, as so appearing, is hereby amended by striking out, in line 17, the figure “$500,000” and inserting in place thereof the following figure:-$2,000,000.

SECTION_. Section 55 of said chapter 7, as so appearing, is hereby amended by striking out, in line 2, the word “thirty” and inserting in place thereof the following figure:- 15”; and

in said section 55, by striking out, in lines 10 and 11, as so appearing, the figure “30” and inserting in place thereof, in each instance, the following figure:- 15.”

Budget Amendment ID: FY2013-S4-109

GOV 109

INSPECTOR GENERAL OPERATIONS

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended in section 2, in item 0910-0200, by striking out the figures “$2,231,913” and inserting in place thereof the figures “$2,263,052”

Budget Amendment ID: FY2013-S4-110

GOV 110

LIMITING NONPROFIT CORPORATION AND PUBLIC CHARITY SALARIES

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section __, the following new section:-

“SECTION __. The office of the inspector general shall study and report on the feasibility of setting limits on the annual compensation of the executive staff of a nonprofit corporation or public charity that receives any public funds from the commonwealth equal to or greater than 30 per cent of such nonprofit corporation or public charity’s yearly budget. The office of the inspector general shall report its findings and recommendations, together with drafts of legislation necessary to carry those recommendations into effect, by filing the same with the clerks of the house of representatives and senate and the house and senate committees on ways and means not later than December 31, 2012.”

Budget Amendment ID: FY2013-S4-111-R1

Redraft GOV 111

Social Innovation Financing

Ms. Donoghue and Mr. Finegold moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">, in section 20, by striking out, in line 168, the figure “2” and inserting in place thereof the following figure:- “3”; and

in said section 20, by inserting after proposed section 35UU the following section:-

“Section 35VV. (a) There shall be established and set up on the books of the commonwealth a trust to be known as the Social Innovation Financing Trust Fund for the purpose of funding contracts to improve outcomes and lower costs for contracted government services, hereinafter referred to as “pay for success contracts”, subject to the requirements of subsection (b).

(b) Notwithstanding any general or special law to the contrary, the secretary of administration and finance, may enter into pay for success contracts. Each contract shall include: (1) a requirement that a substantial portion of the payment be conditioned on the achievement of specific outcomes based on defined performance targets; (2) an objective process by which an independent evaluator will determine whether the performance targets have been achieved; (3) a calculation of the amount and timing of payments that would be earned by the service provider during each year of the agreement if performance targets are achieved as determined by the independent evaluator; (4) a sinking fund requirement under which the secretary shall request an appropriation for each fiscal year that the contract is in effect, in an amount equal to the expected payments that the commonwealth would ultimately be obligated to pay in the future based upon service provided during that fiscal year, if performance targets were achieved; and (5) a determination by the secretary that the contract will result in significant performance improvements and budgetary savings across all impacted agencies if the performance targets are achieved.

(c) The secretary, in his discretion, may provide that payments in future years under any such contracts shall constitute a general obligation of the commonwealth for which the full faith and credit of the commonwealth shall be pledged for the benefit of the providers of the contracted government services, but the total amount of payments under such contracts secured by a pledge of the full faith and credit of the commonwealth shall not exceed, in the aggregate, $50,000,000.

(d) The secretary shall be the trustee of the trust, shall administer the trust and shall ensure that all funds appropriated as described in this section are deposited in the trust and shall make payments from the trust in accordance with the terms and conditions of the contracts, without further appropriation. The secretary shall provide a status report on all contracts not later than February 1 of each year to the house and senate committees on ways and means.”

Budget Amendment ID: FY2013-S4-112

GOV 112

Enhanced Liquor Enforcement Programs

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, by inserting after item 0610-0051 the following item:

“0610-0060 For the costs associated with the investigation and enforcement division of the alcoholic beverages control commission’s implementation of the enhanced liquor enforcement programs, known as Safe Campus, Safe Holidays, Safe Prom and Safe Summer; provided, that funds from this appropriation shall not support other operating costs of item 0610-0050.............. $150,000”

Budget Amendment ID: FY2013-S4-113

GOV 113

Perkins Braille & Talking Book Library Program

Ms. Creem and Messrs. Eldridge and DiDomenico and Ms. Spilka and Ms. Clark and Messrs. Joyce, Michael O. Moore, Finegold and Brownsberger and Ms. Chandler and Mr. McGee moved that the proposed new text be amended in section 2, in item 7000-9406, by striking out the figure "$2,299,384" and inserting in place thereof the figure "$2,400,000".

Budget Amendment ID: FY2013-S4-114

GOV 114

Stormwater Management

Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 2800-0401, by striking out the figure "$338,556" and inserting in place thereof the figure "399,396".

Budget Amendment ID: FY2013-S4-115

GOV 115

Underground Storage Tank Fund

Ms. Donoghue moved that the proposed new text be amended in section 2, in item 1232-0100, by inserting after the word “facilities” the following:- ; provided further that any unexpended funds in this line item at the end of fiscal year 2012 shall not revert and shall be made available for the purposes of this line item until June 30, 2013

Budget Amendment ID: FY2013-S4-116

GOV 116

Worcester Sheriff

Ms. Chandler moved that the proposed new text be amended in section 2, in item 1599-4442, by adding at the end thereof the follwing: “in addition to previously executed agreements between the Worcester sheriff and NEPBA Local 550, NEPBA Local 275, NAGE Local RI-225 and UAW Local 442”; and in said item, by striking the figures “$6,272,376” and inserting in place thereof the following figures: “$7,046,588”

Budget Amendment ID: FY2013-S4-117

GOV 117

Aid to Public Libraries

Messrs. Joyce and Richard T. Moore and Ms. Chang-Diaz moved that the proposed new text be amended in section 2, in item 7000-9501, by striking out the figure “$6,823,657” and inserting in place thereof the following figure:- “$9,989,844”

Budget Amendment ID: FY2013-S4-118

GOV 118

Information Technology Services

Mr. Donnelly moved that the proposed new text be amended in section 2, in item 1100-1700, by striking out the figure “$25,547,370” and inserting in place thereof the following figure:- $28,602,693;

and in item 1790-0350, by striking out the figure “$1,200,000” and inserting in place thereof the following figure:- $2,612,820;

and in item 2000-1700, by striking out the figure “$8,992,666” and inserting in place thereof the following figure:- $10,145,502;

and in item 4000-1700, by striking out the figure “$93,676,495” and inserting in place thereof the following figure:- $100,301,495; and

and in item 8000-1700, by striking out the figure “$19,396,655” and inserting in place thereof the following figure:- $20,396,655.

Budget Amendment ID: FY2013-S4-120

GOV 120

Citizen Information Service/MEMA

Mr. Rosenberg moved that the proposed new text be amended by adding the following new section:-

“SECTION _____. Section 2 of Chapter 38, in line item 0511-0000 of the Acts of 1995, is hereby amended by striking out, in lines 19-22, on page 142, the following words:-

“provided further, that the citizen information service be established by the Massachusetts emergency management agency as the official information service to provide information to citizens during emergency declarations.”

Budget Amendment ID: FY2013-S4-121

GOV 121

Donahue Institute

Mr. Rosenberg moved that the proposed new text be amended in section 2, in item 0511-0270, by striking out the figure “$400,000” and inserting in place thereof the following:- “$500,000”

Budget Amendment ID: FY2013-S4-123

GOV 123

Massachusetts State Athletic Commission

Mr. Joyce moved that the proposed new text be amended By inserting at the end thereof the following section:-

“SECTION __. Section 12 of Chapter 22 of the General Laws is hereby amended by adding at the end thereof the following:-

Each commissioner shall be deemed an employee of the Commonwealth, shall work not less than 18.5 hours a week and shall be compensated at the rate of not less than $5,000 per year.”

Budget Amendment ID: FY2013-S4-124

GOV 124

Life Sciences

Ms. Candaras moved that the proposed new text be amended by striking out, in section 107, the figure “15,000,000” and inserting in place thereof the following figure:- “20,000,000”.

Budget Amendment ID: FY2013-S4-125

GOV 125

Restoration of Grandview Farms

Mr. Donnelly moved that the proposed new text be amended in section 2, in item 7004-0099, by adding, in the last sentence, after the words "city of Worcester", the following new sentence:-

;provided further, that $200,000 shall be expended to assist the town of Burlington for the renovation and expansion of the Grand View Farm;

Budget Amendment ID: FY2013-S4-126

GOV 126

Agency Consolidation Study Commission

Messrs. Ross, Knapik and Tarr moved that the proposed new text be amended by inserting, after SECTION XX, the following new section:-

“SECTION XX. 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) investigating 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) assessing 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, (iv) investigating any potential constitutional issues associated with the consolidation of agency responsibilities. 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, 2013 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: FY2013-S4-127

GOV 127

Clarification of Procedure for Local Approval of Land Use Projects

Messrs. Ross and Hedlund moved that the proposed new text be amended by inserting, after SECTION XX, the following new section:-

“SECTION XX. Section 7 of chapter 4 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 18, after the word ‘charter.’, the following clause:-

‘Third B, “Certified and binding vote”, when used in connection with the local approval of a proposed land use shall include the municipality in which the proposed land use is located and the precinct, of any adjoining municipality, located within 500 feet of the proposed land use.’”.

Budget Amendment ID: FY2013-S4-128

GOV 128

FAIR EMPLOYMENT AND SECURITY

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting after section __ 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 __ the following 4 sections:-

SECTION ___. The first paragraph of section 2 of chapter 90 of the General Laws, as appearing in the 2010 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 ___. 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 ___. 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 ___. 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 __ the following section:-

SECTION __. 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 the 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 house of corrections for not more than 2 ½ years or in state prison for not more than 15 years.";

and by inserting after section __ the following section:-

“SECTION ___. 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 __ the following 2 sections:-

SECTION ___. Section 2 of chapter 149 of the General Laws, as appearing in the 2010 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 ___. 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

and by inserting after section ___ the following _ sections:-

"SECTION __A. 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 __B. 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 __C. Section ___A is hereby repealed.

SECTION D. Section ___B is hereby repealed.

SECTION E. Section ___C shall take effect on September 1, 2013.

SECTION F. Section ___D shall take effect on September 1, 2014.

SECTION G. Sections 2 and 3 of chapter 30C of the General Laws, inserted by section __, and sections __A and __B shall take effect on September 1, 2012."

Budget Amendment ID: FY2013-S4-128.1

Further GOV 128.1

Fair Employment and Security

Messrs. Richard T. Moore, Hedlund, Tarr, Knapik and Ross moved that the amendment be amended by striking out the text and inserting in place thereof the following text:-

"SECTION 56A. 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 or 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, another federal agency, or by a private verification system authorized by the secretary of labor and workforce development 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 such participation, in writing, to the secretary of workforce development.

Section 3. No contractor or subcontractor who enters a contract with a public employer shall enter into a contract or subcontract with a public employer for the provision of goods or services in the commonwealth unless such contractor or subcontractor registers and participates in a work authorization program to verify information on all employees and certifies such participation, in writing, to the secretary of labor and workforce development.

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 secretary of labor and workforce development shall prescribe forms and promulgate rules and regulations necessary to implement and administer this chapter.

Section 6. The inspector general shall adopt regulations to ensure that a person receiving funds pursuant to a contract awarded under chapter 30B or 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 1436a. 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 this chapter and any regulations adopted pursuant to this chapter.”; and

by inserting after section 77 the following 4 sections:-

“SECTION 77A. Section 2 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 2 paragraphs:—

Applications for the registration of motor vehicles and trailers may be made by the owner thereof. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and contain an employer identification number or federal tax identification number from the Internal Revenue Service, if one has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment number or unit number if the applicant’s address is in an apartment house, family hotel, condominium or a residential flat or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless such person holds a license, identification card issued under section 8E, social security number issued by Social Security Administration or other proof of legal residence; provided, however, that the registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons; provided, further, that the registrar may provide by regulation additional exemptions which would be consistent with the purpose of this section. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, such number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission and a statement signed by the applicant under the penalties of perjury that no excise tax liabilities on such motor vehicle are outstanding and incurred by the applicant, a member of the applicant’s immediate family who is a member of the applicant’s household or any business partner of 'the applicant. The registration fee, as required under section 33, shall accompany such application. Applicants for registration shall also comply with chapter 90D.

The registrar or the registrar’s duly authorized agents shall keep a record of motor vehicles and trailers that satisfy application requirements, assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle or trailer, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity, the certificate shall contain the name and address of the corporation, sole proprietorship or business entity and the register number or mark and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark and shall be in such form and contain such further information as the registrar may determine.

SECTION 77B. Section 8 of chapter 90 is hereby amended by inserting, after the first paragraph, the following paragraph:-

An applicant for a license under this section, or a learner's permit under section 8B, shall submit satisfactory proof of age, signature, residency within the Commonwealth and lawful presence in the United States, in a form acceptable to the registrar. For purposes of establishing lawful presence, an applicant shall provide his or her social security number, the validity of which the registrar shall confirm with the United States Social Security Administration. An applicant may provide, in lieu of a social security number, acceptable evidence that the applicant has applied for a social security number but has been denied by the Social Security Administration, and 1 or more of the following: (i) certificate of naturalization, (ii) certificate of citizenship, (iii) United States identification card, (iv) permanent resident card, (v) temporary resident identification card, (vi) record of departure, (vii) processed for I-551 stamp, (viii) United States permanent resident re-entry permit, (ix) United States refugee travel document, (x) employment authorization card, (xi) documents specific to the applicant based upon decisions of the United States Department of State, United States Department of Justice, including the Executive Office for Immigration Review, Board of Immigration Appeals and former Immigration and Naturalization Service, or the United States Department of Homeland Security.

SECTION 77C. Section 12 of said chapter 90, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following 2 subsections:—

(a) Whoever knowingly employs for hire as a motor vehicle operator any person not licensed in accordance with this chapter shall be punished by a fine of not more than $750 and, for a second or subsequent violation, by a fine of not less than $750 nor more than $1,500 or imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment.

(b) Whoever knowingly permits a motor vehicle owned by such person or under such person’s control to be operated by a person who is unlicensed or whose license has been suspended or revoked shall be punished by 1 year in the house of correction or a fine of not more than $750 for a first offense or, for a second or subsequent offense by a fine of not less than $750 and not more than $1,500 or imprisonment in a house of correction for not more than 2 1/2 years, or both such fine and imprisonment.

SECTION 77D. Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in lines 10 and 11, the words “of not less than $100 nor more than $1,000” 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 $1,000, for a second offense, by a fine of not less than $1,000 nor more than $2,000, up to 30 days in the house of correction, or both such fine and imprisonment, for any third or subsequent offense.”; and

by inserting after section 78 the following 2 sections:-

“SECTION 78A. 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 shall be punished as follows: (i) for acts involving any combination of 5 or fewer learner’s permits, licenses to operate or identification cards, by a fine of not more than $500 or by imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment; (ii) for acts involving 6 to 10 such documents, by a fine of not more than $1,000 or by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or both such fine and imprisonment; (iii) for acts involving more than 10 such documents, by a fine of not more than $10,000 or by imprisonment in the state prison for not more than 15 years, or both such fine and imprisonment.”; and

“SECTION 78B. The third paragraph of section 24B of said chapter 90, as so appearing, is hereby amended by adding the following 3 sentences:- Any person who transfers, alters, defaces, uses or carries any such card or license or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card or license shall be guilty of a misdemeanor and shall be punished by a fine of not more than $500 for a first offense or by a fine of not more than $1,000 or imprisonment in the house of correction for not more than 90 days, or both such fine and imprisonment for a second or subsequent offense. Any person who sells or distributes a false identification card shall be punished by a fine of not more than $5,000 or imprisonment in the state prison for not more than 5 years, or both such fine and imprisonment.”; and

by inserting after section 85, the following section:-

“SECTION 85A. Section 32 of chapter 121B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

by inserting, after section 88, the following 2 sections:-

“SECTION 88A. Section 2 of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

SECTION 88B. 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:-

by inserting, after section 155, the following 7 sections:-

“SECTION 155A. The registrar of motor vehicles shall investigate and report on any compliance issues with the implementation of the federal REAL ID Act of 2005 occurring on January 15, 2013, as it relates to the issuance of licenses to operate motor vehicles. The registrar shall file the report, accompanied by any legislative recommendations, with the clerks of the house of representatives and senate and the chairs of the joint committee on public safety on or before January 1, 2013.

SECTION 155B. (a) Notwithstanding any general or special law to the contrary, the MassHealth program within the executive office of health and human services shall, not later than July 31, 2013, use the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of all persons who apply for benefits with an alien admission number or alien file number.

Consistent with federal and state law and notwithstanding the previous paragraph, the SAVE system may be incorporated into a system for the executive office of health and human services and all agencies organized therein, to determine common eligibility standards for applicants. Nothing in this section shall be construed to prevent the development of a system of common eligibility standards that includes additional agencies outside the executive office of health and human services, provided that such system shall include the use of the SAVE system.

(b) The executive office of health and human services or the executive office of administration and finance shall, not later than March 1, 2013, report to the senate and house committees on ways and means the status of the implementation of the federal Systematic Alien Verification for Entitlements, or SAVE system, to verify the immigration status of all persons who apply for benefits with an alien admission number or alien file number.

(c) Annually, on or before February 1, the executive office of health and human services shall report to the senate and house committees on ways and means and the executive office for administration and finance: (i) the amount of money recovered from recipients, providers or other vendors who fraudulently received benefits or payments under chapter 118E of the General Laws and (ii) the costs incurred by the executive office of health and human services to verify the immigration status through the SAVE system.

SECTION 155C. The registrar shall promulgate regulations pursuant to the sixth sentence of section 2 of chapter 90 no later than January 1, 2013.

SECTION 155D. Section 77A shall apply to registrations issued or renewed on or after January 1, 2013.

SECTION 155E. Notwithstanding any general or special law to the contrary, sections 2 and 3 of chapter 30C of the General Laws shall not apply to public employers, contractors and subcontractors with fewer than 500 employees.

SECTION 155F. Notwithstanding any general or special law to the contrary, sections 2 and 3 of chapter 30C of the General Laws shall not apply to public employers, contractors and subcontractors with fewer than 100 employees.”; and

by inserting, after section 160, the following 4 sections:-

“SECTION 160A. Section 155E is hereby repealed.

SECTION 160B. Section 155F is hereby repealed.

SECTION 160C. Section 160A shall take effect on September 1, 2013.

SECTION 160D. Section 160B shall take effect on September 1, 2014.”

Budget Amendment ID: FY2013-S4-129

GOV 129

Drunk Driving Trust Fund

Ms. Clark moved that the proposed new text be amended by inserting, after section ___, the following section:-

"SECTION XX. Chapter 10 of the General Laws is hereby amended by striking out section 66, as appearing in the 2010 Official Edition, and inserting in place thereof the following section:-

Section 66. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Victims of Drunk Driving Trust Fund. The fund shall consist of monies paid to the courts pursuant to the third paragraph of subparagraph (1) of paragraph (a) of subdivision (1) of section 24 of chapter 90, together with any interest or earnings accrued on such monies through investment or deposit. The state treasurer shall be the custodian of the fund and shall receive, deposit and invest all monies transmitted to him under this section in accordance with sections 34, 34A and 38 of chapter 29 in such a manner as to secure the highest rate of return available consistent with the safety of the fund, and shall credit interest and earnings on the trust fund corpus to the trust fund. The state treasurer shall transfer funds from the income and receipts of the fund to the victim and witness assistance board, as established in section 4 of chapter 258B, from time to time, at the request of the board. The board shall administer grants from the fund, without further appropriation, and may award them to community-based programs and public agencies in the commonwealth to provide counseling and support services to victims, witnesses, and their family members of crashes caused by persons driving under the influence of drugs or alcohol. The board may also permit the allocation of funds for the purposes of impaired driving prevention, education, and training services. The board shall develop, in conjunction with the department of public health’s bureau of substance abuse and the Massachusetts chapter of Mothers Against Drunk Driving, written criteria for the awarding of grants and other funding allocations, which shall be evaluated and, if necessary, revised on an annual basis. For the purposes of this section, the words “victim,” “witness,” and “family member” shall have the same meaning as defined in section 1 of said chapter 258B

The board shall file a report detailing the amount of funds collected and expended from the fund along with a copy of the written criteria used to expend the funds to the house and senate committees on ways and means not later than February 28 of each calendar year. An amount not to exceed 5 per cent of the total funds deposited in the fund may be expended by the board for administrative costs directly attributable to the grants and programs funded by the fund, including, but not limited to, the costs of clerical and support personnel. Any unexpended balance of monies in the fund at the end of the fiscal year shall not revert to the General Fund but shall remain available for expenditure from such fund in subsequent fiscal years. No expenditure made from the fund shall cause the fund to become deficient at any point during a fiscal year."

Budget Amendment ID: FY2013-S4-130

GOV 130

Hampden County Sheriff

Ms. Candaras and Messrs. Knapik and Welch moved that the proposed new text be amended in section 2, in item 1599-4442, in section 2, item 1599-4442, by inserting the following:- “;provided further that $1,451,000 be expended for the purpose of funding contracts between the Hampden Sheriff and the national Correctional Employees Union, between the Hampden Sheriff and the Hampden County Superior Correctional Officers’ Association, and between the Hampden Sheriff and the Non-Uniformed Correction Association”; and striking out the figures “$6,272,376” and inserting in place thereof the figures “$7,723,376”.

Budget Amendment ID: FY2013-S4-131

GOV 131

Jackson Square Ice Rink

Ms. Chang-Diaz moved that the proposed new text be amended by inserting, after section ___, the following new section:-

SECTION ___. Section 2A of Chapter 312 of the Acts of 2008 is hereby amended, in line item 2840-7014, after the word “Walpole,” by striking out the text “provided further, that not less than $5,659,000 shall be expended for construction of a permanent ice skating rink in Jamaica Plain;” and inserting in place thereof the following new text:-

“provided further, that not less than $5,659,000 shall be expended for construction of a permanent ice skating rink and recreation center in the Jackson Square section of Roxbury and Jamaica Plain and that these funds will be provided to the developer designated by the City of Boston through the selection process initiated in July 2004 and following approval of the project through the City of Boston’s Article 80 process, which approval was granted on June 16, 2011 and documented in the approved Memorandum to the Boston Redevelopment Authority of the same date;”

Budget Amendment ID: FY2013-S4-132

GOV 132

Confidentiality Rights of Children

Ms. Creem moved that the proposed new text be amended in SECTION 151 by inserting, after the words “confidentiality laws and policies”, the following words:-

and who shall be selected from a list of at least three recommendations from the Chief Counsel for the Committee for Public Counsel Services

Budget Amendment ID: FY2013-S4-133

GOV 133

SEARCHABLE WEBSITE

Mr. Tarr moved that the proposed new text be amended by inserting, after section__, the following section:-

“SECTION. Section 14C of chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “authority”, in line 3, the following words:—, including quasi-public independent entities performing a public function that do not receive direct appropriations from the commonwealth,”; and

in said section 14C of said chapter 7, by inserting after the word “association”, in line 13, the following words:— “, public charity holding funds subject to the provisions of section 8 of chapter 12”; and

in said section 14C of said chapter 7, by adding at the end thereof, the following:—

(h) The searchable website shall be updated to include items in subdivisions (1) through (6) of this section, if applicable, relative to any city, town or municipality in the commonwealth by December 31, 2015.

(i) The secretary shall annually prepare a list of commonwealth authorities, including quasi-public independent entities performing a public function that do not receive direct appropriations from the commonwealth, that fail to provide data to the secretary under subsection (e). Such list shall be displayed on the searchable website. If an authority appears on the list for 2 consecutive years, the secretary shall prepare legislation necessary to enforce the provisions of subsection (e) with regard to said authority, and submit the same to the clerks of the senate and house of representatives.”

Budget Amendment ID: FY2013-S4-134

GOV 134

Medfield State Hospital

Mr. Timilty moved that the proposed new text be amended in section 2, in item 1102-3205, by inserting at the end thereof the following:- "provided further, that not less than $5,000,000 shall be expended for the total removal of all toxic materials from the site of the former Medfield State Hospital to the extent that, upon completion of the cleanup, the land is not subject to any activity and use limitation and is suitable for unrestricted use";

and in the same item by striking the figure "16,250,000" and inserting in place thereof the the following figure:- "21,250,000".

Budget Amendment ID: FY2013-S4-135-R2

2nd Redraft GOV 135

Medfield State Hospital Cleanup Plan

Messrs. Timilty and Ross moved that the proposed new text be amended by inserting after section 156 the following section:-

"SECTION 156A. Notwithstanding any general or special law to the contrary, the division of capital asset management and maintenance, in consultation with the executive office of energy and environmental affairs, shall review its cleanup plan for the site of the former Medfield State Hospital and report on whether it: (i) is based on a standard of unrestricted use for the site; (ii) fully complies with all state and federal environmental regulations and standards; (iii) fully complies with the recommendations regarding flood plain restoration and management as described in the September 2011 Massachusetts Climate Change Adaptation Report; and (iv) addresses the concerns of the town of Medfield and of surrounding communities in the Charles River watershed. The division shall report its findings and any reasons for non-compliance or failure to address the concerns of the town of Medfield and of surrounding communities in the Charles River watershed to the clerks of the senate and the house of representatives not later than October 1, 2012.".

Budget Amendment ID: FY2013-S4-136-R1

Redraft GOV 136

Public Employee Labor Relations

Messrs. Donnelly and Michael O. Moore moved that the proposed new text be amended <w:p><w:r><w:t xml:space="preserve">by inserting at the end of the bill the following new section:-

SECTION XX. Section 7 (d) of chapter 150E of the General Laws is hereby amended by inserting after the words pursuant to chapter forty-eight; in line 53, the following words:- any general or special law pertaining to appointment, transfer or removal of any employee or employees of the Commonwealth, its Appointing Authorities, Agencies, Departments, Divisions to include Massachusetts Department of Transportation and Massachusetts Board of Higher Education, who meet the definition of employee or public employee as defined in section one of this chapter.

Budget Amendment ID: FY2013-S4-137

GOV 137

TRANSFER OF CONSOLIDATED NET SURPLUS

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting after section __, the following new sections:-

“SECTION__. Section 2I of Chapter 29 of the general laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the word “consisting”, in line 3, the following words:- of any funds that may be appropriated or transferred for deposit into the fund and”

SECTION__. The provisions of any general or special law notwithstanding, not less than 25 per cent of any consolidated net surplus arising from Fiscal Year 2013 shall be deposited into the Tax Reduction Fund in section 2I of chapter 29 of the general laws.”.

Budget Amendment ID: FY2013-S4-138

GOV 138

MANDATORY AUDIT COMMITTEE FOR CERTAIN PUBLIC CHARITIES

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new section:-

“SECTION__. Chapter 180 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 3A the following section:—

Section 3B. A pubic charity, which received more than $5,000,000 in gross support and revenue during the fiscal year covered by its report, shall establish an audit committee appointed by the board of directors. Members shall be appointed for 5 year staggered terms. The audit committee may include persons who are not members of the board of directors, but no member of the audit committee shall be a member of the staff of the public charity, including the president or chief executive officer and the treasurer or chief financial officer. If the public charity has a preexisting finance committee, it must be separate from the audit committee. Members of the finance committee may serve on the audit committee; provided, however, that the chairperson of the audit committee shall not be a member of the finance committee; and provided further, that members of the finance committee shall constitute less than one-half of the membership of the audit committee. Members of the audit committee shall not receive any compensation for their services on the board in excess of the compensation, if any, received by members of the board of directors and shall not have a material financial interest in any entity doing business with the corporation.

Subject to the supervision of the board of directors, the audit committee shall be responsible for making recommendations to the board of directors relative to the retention and termination of an independent auditor and may negotiate the independent auditor's compensation on behalf of the board of directors. The audit committee shall: confer with the independent auditor to satisfy its members that the financial affairs of the public charity are in order; review and determine whether to accept the audit; ensure that any nonaudit services performed by the auditing firm conform to standards for auditor independence referred to in the first paragraph of this section; and approve the performance of nonaudit services by the auditing firm. If the public charity required to establish audit committee pursuant to this section is under the control of another corporation, the members of the audit committee may be members of the board of directors of the controlling corporation.

The audit committee shall establish procedures for the receipt, retention, and treatment of complaints received by an employee of the public charity regarding questionable accounting practices; internal accounting controls; or auditing matters.

Public charities required to submit a financial statement audited or reviewed by an independent certified public accountant shall be prohibited from retaining or using the same auditor or auditing firm for more than five consecutive years”

Budget Amendment ID: FY2013-S4-139

GOV 139

Establishment of Taxpayer Accountability Office

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new section:-

Section ___. There is hereby established, within the executive office for administration and finance, the office of taxpayer accountability, whose purpose shall be to ensure that the operations of state government are efficient and cost-effective, to provide timely and accurate information regarding subjects as revenue and economic forecasts, independent analysis of policy changes, economic trends and other factors involving the cost of state government and its impact on the taxpayers of the commonwealth.

Said office shall be administered by an executive director, whom shall be selected by a committee consisting of the governor of the commonwealth or his designee, the treasurer of the commonwealth or a designee, the auditor of the commonwealth or a designee, the inspector general of the commonwealth or a designee, the speaker of the house or a designee, the president of the senate or a designee, and the secretary of the commonwealth or a designee. Said committee shall convene not less than once per year to review the operations of the office, and shall issue reports as necessary to inform the public of those operations.

Budget Amendment ID: FY2013-S4-139.1

Further GOV 139.1

Establishment of Taxpayer Accountability Office

Mr. Hedlund moved that the amendment be amended by striking the text of amendment 139 and inserting in place thereof the following:-

by inserting the following new section:-

SECTION XX. Chapter 18 of the General Laws, as so appearing, is hereby amended by inserting after section 5K the following new sections:—

Section 5L. Notwithstanding any general or special law to the contrary, the department shall implement a vendor payment system for the non-cash payment of rent and electric and gas utility bills for all eligible recipients of direct cash assistance. The department shall have 50 per cent of all direct cash assistance recipients enrolled in the vendor payment system by July 31, 2012, and shall have the remaining 50 per cent of recipients enrolled in the vendor payment system by November 30, 2012. Beginning on July 31, 2012, all recipients of direct cash assistance shall be enrolled in the vendor payment system upon admittance into the direct cash assistance program.

Section 5M. Notwithstanding any general or special law to the contrary, by November 30, 2012, all eligible recipients of direct cash assistance shall access monthly direct cash assistance through the department’s vendor payment system or point of sale payments, provided however, that eligible recipients shall not withdraw cash assistance from a point of sale transaction. Beginning on November 30, 2012, eligible recipients of direct cash assistance shall have access to a maximum of $20 per day of direct cash assistance through automatic teller machines.

Budget Amendment ID: FY2013-S4-140

GOV 140

Enhancing the Quality of Security Services on State Property

Messrs. Donnelly, DiDomenico, Michael O. Moore, Timilty, Keenan and Finegold and Ms. Jehlen and Mr. Pacheco and Ms. Chang-Diaz moved that the proposed new text be amended by inserting, after section ___, the following section: -

SECTION ____. Section 27H of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking, in lines 1 and 2, the words "the cleaning and maintenance of” and inserting in place thereof the following words:- “cleaning, maintenance or security guard services in”, inserting, in line 6, after the word "maintenance", the following words:- “, security guard” and in line 9, immediately following the third sentence, inserting the following two sentences: “The prevailing rate of wages shall be determined by the director as herein provided. Said prevailing wage rates shall be based on wage rates that have been established by collective bargaining agreements or understandings between organized labor and employers which employ maintenance workers, or janitors or security guards, as applicable.”

Budget Amendment ID: FY2013-S4-141

GOV 141

District Local Technical Assistance

Messrs. Eldridge, Tarr, Downing, Brownsberger, Knapik, Welch, Rodrigues and Rosenberg and Ms. Clark and Ms. Spilka and Messrs. Finegold, DiDomenico and Donnelly and Ms. Fargo and Messrs. Wolf, Joyce and Kennedy and Ms. Donoghue and Mr. Pacheco moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting at the end thereof the following:-

; provided further, that not less than $2,000,000 shall be expended 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”,

and further amended by striking the figures “$7,000,000” and inserting in place thereof the following figures:- $9,000,000.

Budget Amendment ID: FY2013-S4-142

GOV 142

Authorization to Transfer Trust Fund Balances

Mr. Kennedy moved that the proposed new text be amended in section 108, by striking in lines 1448 and 1449 the following words:- “whether established administratively or by law, including a separate account”

Budget Amendment ID: FY2013-S4-143

GOV 143

Changes to Post-Primary Dates in 2012

Mr. Kennedy moved that the proposed new text be amended by inserting, after section ___, the following new section:

"SECTION 1. Notwithstanding the provisions of section 3 of chapter 53 of the General Laws or any other special or general law to the contrary, a person whose name is not printed on the September 6, 2012, state primary ballot as a candidate for an office, but who receives sufficient votes to nominate him therefore, shall file in the office of the state secretary a written acceptance of said nomination and a receipt from the state ethics commission verifying the fact that a statement of financial interest has been filed under chapter two hundred and sixty eight B no later than 5:00 pm on Monday, September 10, 2012.

SECTION 2. Notwithstanding the provisions of sections 11, 13 and 53A of chapter 53 and section 5 of chapter 55B of the General Laws or any other special or general law to the contrary, objections to and withdrawals from nominations made at the September 6, 2012, state primary shall be filed with the state secretary no later than 5:00 p.m. on Monday, September 10, 2012.

SECTION 3. Notwithstanding the provisions of section 14 of chapter 53 or any other special or general law to the contrary, any vacancies from the September 6, 2012 state primary caused by death, withdrawal or ineligibility in accordance with Section 2, shall be filled by an executive committee, determined by the state party committee, of the same political party who made the original nomination.

SECTION 4. Notwithstanding the provisions of section 15 of chapter 53 of the General Laws or any other special or general law to the contrary, when a nomination is made to fill a vacancy caused by the death, withdrawal or ineligibility of a candidate from the September 6, 2012, state primary, the certificate of nomination shall be on a form prescribed by the state secretary, shall be signed by the executive committee appointed by the state committee of the same political party as provided for in Section 3, and shall be filed with the state secretary no later than 5:00 pm on Wednesday, September 12, 2012.

SECTION 5. Notwithstanding the provisions of section 135 of chapter 54 of the General Laws or any other special or general law to the contrary, a petition for a recount of the September 6, 2012 state primary shall be filed with the appropriate local election official no later than 5:00 pm on September 10, 2012 and all recounts must be completed and notice of the results sent to the state secretary no later than 5:00 pm on September 13, 2012.

SECTION 6. Notwithstanding the provisions of section 135 of chapter 54 of the General Laws or any other special or general law to the contrary, petitions for district wide and statewide recounts of the September 6, 2012 state primary shall be submitted to the appropriate local election officials for certification no later than 12:00 pm on September 10, 2012 and local election officials must complete certification no later than 5:00 pm on September 10, 2012. Thereafter, certified petitions must be filed with the secretary of state no later than 5:00 pm on September 11, 2012. If the state secretary determines that the contest is eligible for a statewide or district wide recount, he shall notify the local election officials who must complete such recounts and notify the state secretary of the results of the recount no later than 5:00 pm on September 14, 2012.

SECTION 7. Notwithstanding the provisions of sections 8, 9 and 10 of chapter 55B of the General Laws or any other special or general law to the contrary, the state ballot law commission shall notify candidates of any objections filed to nominations at the September 6, 2012 state primary no later than 5:00 pm on September 11, 2012 and hearing on objections shall be held on September 13, 2012 and decisions rendered no later than 5:00 pm on September 14, 2012.

SECTION 8. Notwithstanding any general or special law to the contrary, the state secretary shall have the authority to add or change any dates relating to the nominations made at the September 6, 2012 state primary he deems necessary for the orderly administration of the November 6, 2012 election by providing notice of such change to the state parties and any affected person, by filing notice with the Rules and Regulations Division, by posting on his website and by whatever other means he deems appropriate.

SECTION 9. This act shall take effect upon its passage.".

Budget Amendment ID: FY2013-S4-144

GOV 144

Establishment of Taxpayer Accountability Office 2

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new section:-

The executive director shall be subject to the provisions of chapter 268A of the General Laws, and shall serve for a term of three years, provided that an individual holding such position shall be eligible for reappointment to not more than two additional terms, and shall be qualified by relevant experience and education.

The executive director may employ not more than five additional staff members to perform the operations of the office, and my retain the services of consultants and experts on a contract basis to perform the necessary tasks of the office, provided that its total initial cost of operations shall not exceed $300,000, which shall be defrayed by contributions from the executive office for administration and finance and other state agencies.

Said office shall, at a minimum,

1.)develop revenue forecasts and measure those forecasts against spending benchmarks;

2.)provide timely analysis of spending matters and proposed policy changes based on the request of constitutional officers and legislators, utilizing both static and dynamic methodologies;

3.)maintain a website to provide information to the general public;

4.)maintain a 7-day-per-week, 24-hour-per-day telephone line and e-mail capacity to receive suggestions and complaints from taxpayers.

Budget Amendment ID: FY2013-S4-144.2

Further GOV 144.2

EBT Reform Twenty Dollar Limit

Mr. Hedlund moved that the amendment be amended striking section 48 and inserting in the place thereof the following sections:—

“SECTION 48A. Chapter 18 of the General laws, as most recently amended by chapter 84 of the acts of 2011, is hereby amended by striking out sections 5I and 5J and inserting in place thereof the following sections:—

Section 5I. (a) As used in sections 5I through 5J, inclusive, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

‘Access device’, a card, code, or other means of access including an automated teller machine or point of sale terminal that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds under the federal Food Stamp Act, 7 U.S.C. § 2011 et seq., or regulations issued pursuant to the federal Food Stamp Act.

‘Cosmetics’, includes (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for beautifying, promoting attractiveness, or altering appearance, and (2) articles intended for use as a component of any such articles; provided, however, that cosmetics shall not include soap, shampoo, deodorant, toothpaste, or other personal hygiene products.

‘Department’, the department of transitional assistance.

‘Direct cash assistance’, any manner of cash assistance provided by the department of transitional assistance, including, but not limited to, temporary aid to families with dependent children, wherein the assistance is provided directly to the recipient, rather than a vendor.

‘Drinking establishment’, any tavern or club licensed to sell alcoholic beverages, wines, or malt beverages pursuant to chapter 138 that derives more than 50 per cent of the establishment’s profit from the sales of alcoholic beverages, wines, or malt beverages.

‘Electronic benefit transfer card’, a card that provides benefits through an electronic benefit transfer.

‘Electronic benefit transfer’, a system for the food stamp program as an alternative to issuing food stamp coupons. An electronic benefit transfer system is a computer-based system in which the benefit authorization is received through a point of sale terminal. Eligible households utilize plastic cards in lieu of food stamp coupons to purchase food items at authorized food retailers. This type of benefit may also be used to issue other types of public welfare benefits.

‘Eligible recipient’, a person who meets the nonfinancial, financial and categorical requirements that the department of transitional assistance utilizes to determine, upon application or review, whether a person is entitled to direct cash assistance, barring any evidence of an outstanding default or arrest warrant issued by any court of the commonwealth.

‘Liquor Store’, any establishment licensed to sell alcoholic beverages, wines, and malt beverages not to be drunk on the premises pursuant to section 15 of chapter 138, and excluding any food store as defined pursuant to section 184B of chapter 94.

‘Performance’, any play, dance, concert, exhibit, including movies, simulcasts, any such entertainment at an establishment which displays lives nudity for patrons, as defined pursuant to section 9A of chapter 40A, or any such entertainment performed before one or more persons, excluding performances offered by, at or through any preschool, school, college, university, public library, church or nonprofit organization.

‘Performance venue’, any place at which a performance is conducted, including, but not limited to a: sports arena, stadium, ball park, race track, movie theatre, or establishment which display live nudity for patrons, as defined pursuant to section 9A of chapter 40A.

‘Person’, a natural person, corporation, association, partnership or other legal entity.

‘Travel services’, furnishing or facilitating interstate or foreign travel, including transportation and vacation services.

(b) No person shall knowingly use or accept direct cash assistance funds held on electronic benefit transfer cards or access devices for the purchase or sale of the following services or products, without limitation: (1) alcoholic beverages as defined pursuant to section 1 of chapter 138; (2) lottery tickets; (3) tobacco products as defined pursuant to section 1 of chapter 64C; (4) any visual material intended to create or simulate sexual conduct or sexual excitement as defined pursuant to section 31 of chapter 272; (5) firearms or ammunition as defined pursuant to section 121 of chapter 140; (6) admission to any performances; (7) cosmetics; (8) professional services, excluding medical care, provided by any member of the bar or any person licensed pursuant to chapter 112; (9) travel services; (10) services, excluding childcare services, or memberships provided by health clubs as defined pursuant to section 78 of chapter 93; (11) tattoos for the marking of the human body or other body art or piercings; (12) jewelry; (13) for the rental of goods or real property; (14) for the payment to the commonwealth or any political subdivision thereof of any tax, fee or penalty, including restitution or bail or bail bonds ordered by a court; or (15) gambling as defined pursuant to section 2 of chapter 23K.

(c) Any business that offers for sale the services or products defined by subsection (b), and excluding businesses defined by subsection (e), shall display in an area conspicuous patrons a sign containing the following statement: “Massachusetts law (M.G.L. c.18, §5I) prohibits the use of EBT or direct cash assistance for the purchase of the following products and services: alcoholic beverages; tobacco products; lottery tickets; sexually explicit material; firearms or ammunition; admission to performances; cosmetics; professional services; travel services; health club memberships or services; tattoos, body art, or piercings; jewelry; rental goods or property; payment of any tax, fee, or penalty including bail or bail bonds; and gambling. Violators will be punished to the full extent of the law. If you witness EBT benefit fraud, please report it, toll-free, by calling: 1-800-FRAUD-99 (1-800-372-8399).”

The department shall maintain a downloadable template of the sign on the department’s website. Business associations may also maintain a downloadable template of the sign on their websites.

(d) No eligible recipient shall use electronic benefit transfer cards at access devices housed within the following types of businesses: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) beauty shops, barber shops, manicure shops or aesthetic shops registered pursuant to chapter 112; (8) health clubs as defined pursuant to section 78 of chapter 93; (9) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; and (11) drinking establishments; (12) cruise ships.

(e) The following types of businesses shall not house access devices that accept electronic benefit transfer cards: (1) liquor stores; (2) gaming establishments licensed pursuant to chapter 23K; (3) performance venues; (4) adult bookstores or adult paraphernalia stores, as defined pursuant to section 9A of chapter 40A; (5) firearms dealers licensed pursuant to section 122 of chapter 140 and ammunitions dealers licensed pursuant to section 122B of chapter 140; (6) tattoo parlors; (7) beauty shops, barber shops, manicure shops or aesthetic shops registered pursuant to chapter 112; (8) health clubs as defined pursuant to section 78 of chapter 93; (9) rent-to-own furniture, electronics, or appliance stores; (10) jewelry stores; and (11) drinking establishments; (12) cruise ships.

Upon request, any state agency that, in the regular course of business, regulates retail stores shall cooperate with law enforcement regarding potential violations of this section. At minimum, the department shall identify all violators on a monthly basis and direct the appropriate vendor to technologically prohibit the respective access device from accepting electronic benefit transfer cards. Any business or store owner who knowingly houses an access device that accepts electronic benefit transfer cards in violation of this section shall be punished by a fine of not less than $1,000 for the first offense; not less than $3,000 for the second offense and not less than $10,000 for the third or subsequent offense.

(f) Any business defined by subsection (e), shall display in an area conspicuous to patrons a sign containing the following statement: “Massachusetts law (M.G.L. c.18, §5J) prohibits this store from accepting EBT cards or direct cash assistance and Massachusetts law (M.G.L. c.18, §5I) prohibits customers from purchasing products in this store with EBT cards or direct cash assistance. Violators will be punished to the full extent of the law. If you witness EBT benefit fraud, please report it, toll-free, by calling: 1-800-FRAUD-99 (1-800-372-8399).”

The department shall maintain a downloadable template of the sign on the department’s website. Business associations may also maintain a downloadable template of the sign on their websites.

(g) Any eligible recipient of direct cash assistance who knowingly makes a purchase in violation of this section shall reimburse the department for such purchase and shall be disqualified from the direct cash assistance program for a period of 3 months for the first offense and permanently, for the second offense.

(h) Any person, excluding any eligible recipient, who knowingly violates subsection (b), subsection (c), or subsection (f) of this section shall be punished by a fine of not more than $500 for the first offense, a fine of not less than $500 nor more than $1,000 for the second offense and a fine of not less than $10,000 for the third or subsequent offense.

Section 5J (a) No person shall knowingly transfer, acquire, alter or possess an electronic benefit transfer card or access device in any manner not authorized by the federal Food Stamp Act, the federal Social Security Act, 42 U.S.C. 608(a) et seq., or this chapter.

(b) No person shall present for payment or redemption an electronic benefit transfer card or access device that has been illegally received, transferred, or altered.

(c) Any person who is found to have knowingly violated subsection (a) or subsection (b), if such benefits are of an aggregate value of less than $100, shall, upon the first conviction thereof, be fined not more than $1,000 or be imprisoned in a jail or house of correction or the state prison for not more than 1 year, or both, and upon the second and any subsequent conviction thereof, shall be fined not more than $1,000 or imprisoned in a jail or house of correction or the state prison for not more than 2 1/2 years, or both.

Any person who is found to have knowingly violated subsection (a) or subsection (b), if such benefit has an aggregate value of more than $100 but less than $5,000, shall, upon the first conviction thereof, be fined not more than $10,000 or be imprisoned in a jail or house of correction or in the state prison for not more than 3 years, or both, and, upon the second and any subsequent conviction thereof, shall be fined not more than $10,000 or be imprisoned in a jail or house of correction or in the state prison for not more than 5 years or both.

Any person who is found to have knowingly violated subsection (a) or subsection (b), if such benefits are of an aggregate value of $5,000 or more shall be fined not more than $250,000 or be imprisoned in a jail or house of correction or the state prison for not more than 20 years, or both.

(d) Any person who is found to have knowingly violated subsection (a) or subsection (b) shall forfeit to the commonwealth all property, real and personal, used in connection with the violation or any proceeds traceable to the violation.

The proceeds from any sale of forfeited property and any monies forfeited under this subsection shall be used by the commonwealth to reimburse the bureau of special investigations in the office of the state auditor, established under section 16 of chapter 11, or any other state or local agency for any cost incurred in the investigative effort resulting in the forfeiture.

No interest in property shall be forfeited under this subsection as the result of any act or omission established by the owner of the interest to have been committed or omitted without the knowledge or consent of the owner.

(e) The alcoholic beverages control commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (a) or subsection (b) of this section or subsection (b) or subsection (e) of section 5I.

(f) The state lottery commission may suspend or revoke the license of any person who is found to have knowingly violated subsection (a) or subsection (b) of this section or subsection (b) or subsection (e) of section 5I.

SECTION 48B. Chapter 18 of the General Laws, as so appearing, is hereby amended by inserting after section 5K the following new sections:—

Section 5L. Notwithstanding any general or special law to the contrary, the department shall charge all eligible recipients of direct cash assistance a fee of $10 for the first requested replacement of an electronic benefit transfer card and a fee of $25 for any additional replacement of an electronic benefit transfer card. All fees for replacement cards shall be deducted directly from the recipient’s direct cash assistance.

Section 5M. Notwithstanding any general or special law to the contrary, direct cash assistance issued by the Commonwealth shall not be used for purchases in states other than Massachusetts and states contiguous to Massachusetts. For the purposes of this section, contiguous states shall mean: New Hampshire, Connecticut, Rhode Island, New York, and Vermont. The department shall identify all violators, at minimum, on a monthly basis. Any eligible recipient who violates this section shall be disqualified from the program for not less than 3 months. The department shall notify the recipient that they must report in person to their local department of transitional assistance office to have their benefits reinstated. Any eligible recipient who violates this section for a second time shall be permanently disqualified from the direct cash assistance program.

Section 5N. Notwithstanding any general or special law to the contrary, the department shall implement a vendor payment system for the non-cash payment of rent and electric and gas utility bills for all eligible recipients of direct cash assistance. The department shall have 50 per cent of all direct cash assistance recipients enrolled in the vendor payment system by July 31, 2012, and shall have the remaining 50 per cent of recipients enrolled in the vendor payment system by November 30, 2012. Beginning on July 31, 2012, all recipients of direct cash assistance shall be enrolled in the vendor payment system upon admittance into the direct cash assistance program.

Section 5O. Notwithstanding any general or special law to the contrary, by November 30, 2012, all eligible recipients of direct cash assistance shall access monthly direct cash assistance through the department’s vendor payment system or point of sale payments, provided however, that eligible recipients shall not withdraw cash assistance from a point of sale transaction. Beginning on November 30, 2012, eligible recipients of direct cash assistance shall have access to a maximum of $20 per day of direct cash assistance through automatic teller machines.

Section 5P. Notwithstanding any general or special law to the contrary, the department shall solicit, in writing, a cost estimate from the department’s current vendor and at least one other vendor for the costs associated with requiring the department to include, on the front of each newly issued, re-issued, and existing electronic benefit transfer card, a photograph of the cardholder. The department shall submit a final cost estimate by filing the same with the clerks of the house and the senate not later than November 30, 2012.”

Budget Amendment ID: FY2013-S4-145

GOV 145

Increase in the Gold Star Annuity

Mr. Keenan moved that the proposed new text be amended in section 2, in item 1410-0300, by striking out the figure “$21,473,000“ and inserting in place thereof the following:- “$27,317,582”; and by adding at the end thereof the following section:-

“Chapter 115 Section 6B of the General laws is hereby amended by in lines 18, 26 and 33 by striking out the figures “$2,000” and inserting in place thereof the following figures “$2,500”.

Budget Amendment ID: FY2013-S4-146-R1

Redraft GOV 146

Human Service Salary Reserve

Ms. Spilka and Messrs. Brownsberger, Rodrigues, Knapik, Joyce, Rosenberg and Donnelly and Ms. Jehlen and Messrs. Eldridge, Finegold and Rush and Ms. Fargo and Ms. Chang-Diaz and Mr. DiDomenico and Ms. Creem and Messrs. Welch and Keenan and Ms. Clark and Messrs. Michael O. Moore, Hedlund, Richard T. Moore, Kennedy, Downing, Petruccelli, Montigny and Ross moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after line item 1599-3857, the following line item:-

1599-6901.. For a reserve to adjust the wages, compensation or salary and associated employee-related costs to personnel 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; provided, that home care workers shall be eligible for funding from this appropriation; provided further, that workers from shelters and programs that serve homeless individuals and families that were previously contracted through the Department of Transitional Assistance and the Department of Public Health currently contracted with DHCD and direct care workers that serve homeless veterans through the Department of Veterans Affairs shall be eligible for funding from this appropriation; provided further, that the secretary of administration and finance may allocate the funds appropriated in this item to the departments in order to implement this initiative; provided further, that the executive office of health and human services shall condition the expenditure of appropriation upon assurances that the funds shall be used solely for the purposes of equal percentage adjustments to wages, compensation or salary; provided further, that not later than January 15, 2013, the executive office of health and human services shall submit to the house and senate committees on ways and means a report delineating the number of employees, by job title and average salary, receiving the adjustment in fiscal year 2013 and the average percentage adjustment funded herein; provided further, that the report shall also include, for each contract scheduled to receive any allocation from this item in each such department, the total payroll expenditures in each contract for the categories of personnel scheduled to receive the adjustments; provided further, that no funds from this item shall be allocated to special education programs under chapter 71B of the General Laws, contracts for early education and care services or programs for which payment rates are negotiated and paid as class rates as established by the division of health care finance and policy; provided further, that no funds shall be allocated from this item to contracts funded exclusively by federal grants as delineated in section 2D; provided further, that all raises provided from this salary reserve shall be above and beyond any previously negotiated or agreed upon pay raise; provided further, that the total fiscal year 2013 costs of salary adjustments and any other associated employee costs authorized there under shall not exceed $20,000,000; provided further, that the executive office health and human services shall submit an allocation schedule to the house and senate committees on ways and means not less than 30 days after disbursement of funds; and provided further, that the annualized cost of the adjustments in fiscal year 2014 shall not exceed the amount appropriated herein………….. $20,000,000

Budget Amendment ID: FY2013-S4-147

GOV 147

Funding for Taxpayer Accountability Office

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended in section 2, by inserting after line item 1100-1100 the following item:-

1100-1101 For the operations of the office of taxpayer accountability .... $300,000; and in section 2, in item 1100-1100, by adding at the end thereof the following:- “provided further, that not less than $300,000 shall be transferred from this item to item 1100-1101 for the office of taxpayer accountability”

Budget Amendment ID: FY2013-S4-148-R1

Redraft GOV 148

Regulatory Reform

Messrs. Tarr and Knapik moved that the proposed new text be amended by inserting after section_ the following sections:-

SECTION _. Chapter 3 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following sections: -

Section 70. The following words and phrases, as used in this section and section 71, shall have the following meanings unless a different meaning is required by the context:

“Agency”, any department, board, commission, division or authority of the state government or subdivision of any of the foregoing, or official of the state government, authorized by law to make regulations or to conduct adjudicatory proceedings, but shall not include the following: the legislative and judicial departments; the governor and council; military or naval boards, commissions or officials; the department of correction; the department of youth services; the parole board; the division of dispute resolution of the division of industrial accidents; the personnel administrator; the civil service commission; and the appellate tax board.

“Committee”, the joint committee on state administration and regulatory oversight of the general court.

(a) An agency shall file a copy of an adopted rule with the committee at the same time it is filed with the secretary of state.

(b) The committee may examine rules in effect and newly adopted rules to determine whether:

(1) the rule is a valid exercise of delegated legislative authority;

(2) the statutory authority for the rule has expired or been repealed;

(3) the rule is necessary to accomplish the apparent or expressed intent of the specific statute that the rule implements;

(4) the rule is a reasonable implementation of the law as it applies to any affected class of persons; and

(5) the agency complied with the regulatory analysis requirements of section 5A of chapter 30 and the analysis properly reflects the rule.

(c) The committee may request information from an agency necessary to exercise its powers under subsection (b). The committee shall consult with joint committees of the general court with jurisdiction over the subjects of the rule or regulation under review.

Section 71. (a) Not later than 30 days after receiving a copy of an adopted rule from an agency under section 70, the committee may: (1) approve the adopted rule or regulation; (2) disapprove the rule or regulation and propose an amendment to the adopted rule or regulation; or (3) disapprove the adopted rule or regulation.

(b) If the committee approves an adopted rule or regulation or does not disapprove and proposes an amendment under subsection (a)(2) or disapproves under subsection (a)(3), the adopted rule shall become effective on the date specified.

(c) If the committee proposes an amendment to the adopted rule or regulation under subsection (a)(2), the agency may make the amendment and resubmit the rule or regulation, as amended, to the committee. The amended rule or regulation must be one that the agency could have adopted on the basis of the record in the rule or regulation making proceeding and the legal authority granted to the agency. The agency shall provide an explanation for the amended rule or regulation as provided in section 5A. An agency is not required to hold a hearing on an amendment made under this subsection. If the agency makes the amendment, it shall also give notice to the secretary of state for publication of the rule or regulation, as amended, in the Massachusetts Register. The notice must include the text of the rule or regulation as amended. If the committee does not disapprove the rule or regulation, as amended, or propose a further amendment, the rule or regulation shall become effective on the date specified.

(d) If the committee disapproves the adoption of a rule under subsection (a)(3), the adopted rule becomes effective on adjournment of the next regular session of the General Court unless before the adjournment the General Court enacts legislation sustaining the action of the committee.

(e) An agency may withdraw the adoption of a rule by giving notice of the withdrawal to the committee and to the secretary of state. A withdrawal under this subsection terminates the rulemaking proceeding with respect to the adoption, but does not prevent the agency from initiating a new rulemaking proceeding for the same or substantially similar adoption.

SECTION _. Section 2 of chapter 30A of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting, in line 5, after the word “right” the following:-

; or, (d) the regulation has an economic impact on small businesses and an estimate of its fiscal effect will be filed with state secretary pursuant to section 5

SECTION _. Said section 2 of said chapter 30A is hereby amended by inserting, in line 29, after the word “consideration” the following:-

and the full text of said small business impact statement

SECTION _. Section 3 of said chapter 30A of the General Laws is hereby amended by inserting, in line 27, after the words “include the” the following:-

statement of small business consideration and the full text of said

SECTION _. Said chapter 30A of the General Laws is hereby amended by striking section 5A, in its entirety, and inserting in place thereof the following sections:-

Section 5A. (a) In addition to a small business impact statement, an agency shall prepare a subsequent regulatory analysis for a proposed rule or regulation if, within 60 days after the published notice of the proposed rule or regulation adoption, a written request for the analysis is filed in the office of the secretary of state by the governor, the executive office of administration and finance, the joint committee on state administration and regulatory oversight, or 300 interested persons signing the request. The secretary of state shall immediately forward to the agency a certified copy of the filed request.

(b) Except to the extent that the written request expressly waives one or more of the following, the regulatory analysis must contain:

(1) an analysis of the benefits and costs of a reasonable range of regulatory alternatives reflecting the scope of discretion provided by statute authorizing the rule or regulation; and

(2) a determination whether the benefits of the proposed rule or regulation justify the costs of the proposed rule or regulation and the proposed rule or regulation will achieve the objectives of the authorizing statute in a more cost effective manner, or with greater net benefits, than other regulatory alternatives.

(d) An agency preparing a regulatory analysis under this section shall submit the analysis to the governor, the executive office of administration and finance, the joint committee on state administration and regulatory oversight, or, if applicable, to the interested persons signing the request under subsection (a).

Section 5B. (a) Each agency shall review its rules and regulations at least once every 2 years after their publication as the final rules or regulations to ensure that those rules and regulations minimize economic impact on small businesses in a manner consistent with the stated objectives of applicable statutes.

(b) In reviewing a rule or regulation to minimize economic impact of the rule or regulation on small businesses, the agency shall file a regulatory review report that considers the following factors:

(1) the continuing need for the rule or regulation and the effectiveness of the rule or regulation in achieving its objectives, including a summary of any available data supporting the conclusions reached;

(2) the nature of complaints or comments received concerning the rule or regulation from the public during the previous 2 years, including any petitions for waiver of the rule tendered to the agency or granted by it;

(3) alternative solutions to the complaints or comments and the reasons they were rejected or the changes made in the rule or regulation in response to those complaints or comments and the reasons for the changes

(4) the complexity of the rule or regulation;

(5) the extent to which the rule or regulation overlaps, duplicates or conflicts with other federal, state and local governmental rules and regulations;

(6) the length of time since the rule or regulation has been enacted, changed, amended or modified; and

(7) the degree to which technology, economic conditions or other factors have changed in the subject areas affected by the rule or regulation.

(c) A copy of the report shall be filed with the joint committee on state administration and regulatory oversight and shall be available for public inspection.

SECTION _. Notwithstanding any general or special law, rule or regulation to the contrary, any agency that approves a state grant in excess of $500,000 to a person or a public or private entity shall submit a detailed cost benefit analysis to the joint committee on state administration and regulatory oversight no later than 30 days after authorization of said grant. The analysis shall contain: a detailed explanation of the process used for the selection of the grantee; the number of applications for the grant; an accounting of an expectation that the issuance of the grant will create or maintain existing jobs in the Commonwealth, if any; and an account of all grants received by the grantee during the present fiscal year from all other state agencies.

Budget Amendment ID: FY2013-S4-150

GOV 150

Historic Preservation

Mr. Richard T. Moore moved that the proposed new text be amended by striking out Section 58 in its entirety.

Budget Amendment ID: FY2013-S4-151-R1

Redraft GOV 151

ADA Compliance

Mr. Finegold moved that the proposed new text be amended in section 2, in item 1102-3205, <w:p><w:r><w:t xml:space="preserve">by inserting after item 1102-3232 the following item:-

"1102-XXXX. Provided, that $200,000 shall be expended for a competitive grant program to provide financial support for 1-time costs, including land acquisition, related to construction of municipal town halls to meet compliance for accessibility under the Americans with Disabilities Act where the municipality is under court order to commence construction by December 31, 2013...........................$200,000"

Budget Amendment ID: FY2013-S4-152

GOV 152

State Spending Control I

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new section:-

Section __. The secretary for administration and finance is hereby authorized and directed to develop a three year plan to reduce state spending by not less than 5 per cent, and shall file such plan with the senate and house committees on ways and means and the clerks of the senate and house of representatives not later than eight months following the passage of this act.

Budget Amendment ID: FY2013-S4-153

GOV 153

Cultural Diversity Festivals

Ms. Chang-Diaz and Mr. Brownsberger moved that the proposed new text be amended in section 2, in item 7008-0900, by inserting, after the words “chapter 23A of the General Laws,” the following new words:-

“; provided further, that not less than $75,000 shall be expended for festivals supporting and promoting cultural heritage diversity, education, and tourism”

Budget Amendment ID: FY2013-S4-154

GOV 154

American Manufacturing

Messrs. Moore and Tarr moved that the proposed new text be amended by adding at the end thereof the following new section:-

SECTION __. Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after section 22O, the following new section: -

Section 22P. Notwithstanding any general or special law to the contrary relating to procurement, and to the extent permitted by federal law, a state agency or authority shall, after giving preference pursuant to the provision of section 22O of this chapter for the procurement of products or services from businesses, as defined in section 3A of chapter 23A, with their principal place of business in the commonwealth, shall establish a preference for products manufactured in the United States provided, however, that said domestic products shall not increase the cost of the product by more than ten percent. For purposes of this section, “manufactured” shall mean (i) in the case of an iron or steel product all manufacturing must take place in the United States, except metallurgical processes involving the refinement of steel additives; and (ii) in the case of a manufactured good, a good shall be considered manufactured in the United States if: (a) all the manufacturing processes for the product take place in the United States; and (b) all of the components of the product shall be of U.S. origin. A component shall be considered to be a product of U. S. origin if all the manufacturing processes take place in the United States, regardless of the origin of the subcomponents.

Budget Amendment ID: FY2013-S4-155-R1

Redraft GOV 155

STATE SPENDING CONTROL II

Messrs. Tarr, Knapik and Hedlund moved that the proposed new text be amended by inserting, after section ___, the following new section:-

"SECTION__. The secretary of administration and finance shall analyze all state agencies receiving funding from this act for the purpose of determining those whose cost of operation is exceeded by the amount of revenue generated as a result of fees, fines or other charges imposed on those served by the agency. The secretary shall compile a report listing any agency whose cost of operation is exceeded by the amount of revenue attributable to the fines, fees and charges it imposes, the amount of such excess and the disposition of that excess, said report shall be filed with the clerks of the House and Senate and House and Senate Committees on Ways and Means not later than April 15, 2013.”