Local Affairs Amendments

Budget Amendment ID: FY2013-S4-59-R1

Redraft LOC 59

Audit of 40B Projects

Messrs. Hedlund, Moore, Ross, Tarr and Knapik moved that the proposed new text be amended by inserting after section 153 the following section:-

“SECTION 153A. The inspector general, in consultation with the attorney general, shall enter into a contract with a third party for the purposes of auditing all affordable housing projects’ cost certifications submitted after January 1, 2004 that were built through the comprehensive permit process as outlined in sections 20 to 23, inclusive, of chapter 40B of the General Laws. The third party shall be hired through a competitive bidding process and be a certified public accountant licensed and in good standing with the commonwealth and meet minimum professional qualifications, as determined by the inspector general.

All audits performed through this section shall be conducted under the American Institute of Certified Public Accountants auditing standards; provided, however, in the event of any conflict between the American Institute of Certified Public Accountants auditing standards and housing policy guidance or regulations issued by the department of housing and community development or any subsidizing agency on or after November 30, 2006, such policy guidance or regulation shall control. The audits performed under this section may include, but not be limited to, a review of the submitted cost certification, agreements between the developer and the municipality, site eligibility letters issued by the subsidizing agencies, purchase and sales agreements, any and all documentation relating to the real estate appraisal of the relevant property or properties under the applicable rules that were in place at the time that the cost certification occured, all reported expenses and revenues, and all documentation relating to the purchase, sale or lease of all constructed units.

At the request of the third party, the inspector general may summons the production of all records, reports, audits, reviews, papers, books, documents, recommendations, correspondence and any other data and material relevant to any matter under audit or investigation, under section 9 of chapter 12A of the General Laws.

The findings of every audit, including any evidence of illegal or fraudulent activities, or cases where the actual realized profit of an individual project exceeds 20 per cent, shall be presented immediately upon completion to the inspector general, the attorney general and the department of housing and community development for review. The inspector general may take whatever further action is considered necessary, under section 10 of said chapter 12A.

The attorney general may recover monies owed to the host communities. The third party hired to conduct the initial audit may receive a pre-determined percentage of all recovered monies, not to exceed 10 per cent, with the balance being returned to the host community.”.

Budget Amendment ID: FY2013-S4-62-R1

Redraft LOC 62

CPA-Community Preservation Act update

Ms. Creem and Messrs. Tarr, DiDomenico, Rodrigues, Donnelly, Joyce, Brownsberger, Hedlund, Knapik, Eldridge, Downing, Finegold, Wolf, Welch and Rush and Ms. Jehlen and Ms. Candaras and Mr. Michael O. Moore and Ms. Fargo and Messrs. Keenan and Kennedy and Ms. Donoghue and Messrs. Timilty, Rosenberg and Ross and Ms. Chang-Diaz and Mr. McGee moved that the proposed new text be amended by striking out, in line 861, the word “however,”; and

by inserting after the word “owns”, in line 870, the following words:- “,operates or manages”; and

by striking out , in line 941, the word “a” and inserting in place thereof the following word:- “any”; and

by striking out, in line 942, the words “, but shall augment, existing operating funds” and inserting in place thereof the following words:- “existing operating funds, only augment them”; and

by inserting after section 155 the following section:-

“SECTION 155A. Notwithstanding any general or special law to the contrary, on July 1, 2012, the comptroller shall transfer $5,000,000 from the General Fund to the Massachusetts Community Preservation Trust Fund established in section 9 of chapter 44B of the General Laws."

Budget Amendment ID: FY2013-S4-63

LOC 63

Senior Property-Tax Relief

Ms. Creem and Mr. Donnelly moved that the proposed new text be amended by inserting, after section ___, the following new section:-

SECTION ___. Clause Forty-first A of section 5 of said chapter 59 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the fifth paragraph, in lines 1057 through 1069, and inserting in place thereof the following paragraph:—

In addition to the remedies provided by this clause, the recorded statement of the assessors provided for in this clause shall have the same force and effect as a valid taking for nonpayment of taxes under the provisions of section 53 of chapter 60, except that: (1) interest shall accrue at the rate provided in this clause until the conveyance of the property or one year after the death of the person whose taxes have been deferred, after which time interest shall accrue at the rate provided in section 62 of chapter 60; (2) no assignment of the municipality’s interest under this clause may be made pursuant to section 52 of chapter 60; (3) no petition under section 65 of chapter 60 to foreclose the lien may be filed before the expiration of one year from the conveyance of the property or the death of the person whose taxes have been deferred.

Budget Amendment ID: FY2013-S4-64

LOC 64

Include transportation costs in SPED circuitbreaker

Ms. Creem moved that the proposed new text be amended by inserting, after Section 71, the following section:-

“SECTION 71A. The fourth sentence of subsection (a) of section 5A of chapter 71B of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the word ‘not’ and said section is further amended by striking, in lines 26 and 27, the following words: - ‘transportation costs’.”

Budget Amendment ID: FY2013-S4-65

LOC 65

Holbrook Facility

Mr. Keenan moved that the proposed new text be amended in section 2, in item 7004-0099, by inserting after the word "requirements", the following words:- "; provided further that not less than $100,000 shall be expended to the town of Holbrook for a one-time community action grant which will fund an upgrade to town facilities"; and in said item by striking out the figures "$6,914,734" and inserting in place thereof the figures "$7,014,734".