Amendment #996 to H4000

DCAM contract negotiations with Human Service Organizations

Representatives Durant of Spencer, Fattman of Sutton, Beaton of Shrewsbury, Smola of Warren, Frost of Auburn and Kuros of Uxbridge move to amend the bill by adding the following section:-

“SECTION XX. Chapter 7C of the General Laws is hereby amended by inserting after section 42 the following:-

Section 42A. (a) For purposes of this section, the following terms, unless the context clearly requires otherwise, shall have the following meanings:-

“Charitable organization”, any person whose purposes or actual operation are charitable in nature or one holding himself out to be a charitable organization in whole or in part, including any person who in any manner employs a charitable appeal as the basis of any solicitation or an appeal which could be reasonably interpreted to suggest that there is a charitable purpose to any such solicitation.

“Current agreement ”, an agreement currently in existence or an agreement having expired or terminated any time during the previous 18 months.

“Human services organization ”, a nonprofit association or charitable organization that provides, teaches or fosters skills necessary for obtaining and maintaining a viable standard of living or that assists individuals with disabilities, poverty or mental health issues.

“Nonprofit association”, an entity which is organized as a nonprofit corporation or nonprofit unincorporated association under the laws of the commonwealth or the United States or any entity which is authorized to do business in the commonwealth as a nonprofit corporation or unincorporated association under the laws of the commonwealth.

(b) Notwithstanding any general or special law to the contrary, during the renegotiation of any current agreement between the commissioner and a human services organization  for the lease or rental of real property to be occupied by a public agency, the commissioner shall not offer a price lower than that stipulated in the current agreement minus 5 per cent of the price stipulated in the current agreement unless a significant change was made to the real property that results in a reduced value as determined by the commissioner. Simultaneous with the extension of an offer that contains a price lower than that stipulated in the current agreement minus 5 per cent of the price stipulated in the current agreement, the commissioner shall explain, in writing, the reasoning behind the commissioner’s determination that the value of the property has been reduced based upon the changes made to the property.”.