Government Amendments

Budget Amendment ID: FY2014-S3-94

GOV 94

Increased Sewer Rate Relief

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

“SECTION__. Section 2Z of Chapter 29 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding after the word “Project” in line 21 the following:- "and any project in which construction has been initiated and for which completion has been scheduled in Fiscal Year 2005 or thereafter in which the total cost is greater than $8,000 per capita on a per resident basis as determined by the most recent United States census or any sewer system that experiences extraordinary rate increases or extraordinary costs of construction due to a mandate pursuant to federal or state environmental laws and regulations.”

Budget Amendment ID: FY2014-S3-95

GOV 95

ART COMMISSION COMPOSITION

Mr. Tarr moved that the proposed new text be amended in section 5, by striking clause (b), as appearing in lines 15-24, inclusive, and inserting in place thereof the following:-

“(b) There shall be an art commission for the state house consisting of 7 members, 3 of whom shall be appointed by the governor; 1 of whom shall appointed by the senate president, 1 of whom shall be appointed by the minority leader of the senate; 1 of whom shall be appointed by the speaker of the house of representatives, and 1 of whom shall be appointed by the minority leader of the house of representatives. All of the members shall be residents of the commonwealth qualified by training and experience in public art, museum collections or historic preservation. Commission members shall serve for 5 year terms without compensation, but shall be reimbursed for travel and other expenses necessary for the performance of their duties, as approved by the superintendent of the state house and paid for from the State House Special Event Fund established in section 35P of chapter 10. The commission may adopt its own rules and elect such officers from its own members as may be considered proper."

Budget Amendment ID: FY2014-S3-96

GOV 96

CONDUCT OF CHARITABLE GAMING

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

“SECTION 91. Section 7A of chapter 271 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after the first appearance of the word “bazaar” in line 36 the following:- “, except that the sponsoring organization may retain, at a reasonable fee, non-members to assist in the operation of such raffle or bazaar, including providing paid dealers and game supervisors to insure that the rules of the game are properly administered and complied with, so long as only qualified members of the sponsoring organization handle the funds collected and disbursed at the raffle or bazaar”.

Budget Amendment ID: FY2014-S3-97

GOV 97

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: FY2014-S3-98

GOV 98

Accountability of Legislative Reports

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

“SECTION XX. Section 12 of chapter 68 of the Acts of 2011 is hereby amended by striking the words:- “and (9) collaborate with other state agencies, authorities and other entities to carry out these purposes.” and inserting in place thereof the following:-

(9) track all reports, whether completed or not, required by law to be performed by all secretariats, commissions, departments, agencies, quasi-state agencies or entities of the commonwealth and required to be submitted to the clerks of the house or senate or a legislative committee or subcommittee; (10) make all legislative directives conspicuously available and accessible online in searchable format on the office of commonwealth performance, accountability and transparency website; and (11) collaborate with other state agencies, authorities and other entities to carry out these purposes.”

SECTION XXX. Notwithstanding any general or special law to the contrary, all commissions, secretariats, departments, agencies, quasi-state agencies or entities of the commonwealth required by law to file a report with the clerks of the house of representatives and the senate, or with the chairs of any legislative committee, shall file said report via electronic means and shall provide an electronic copy of the report to the office of commonwealth performance, accountability and transparency. Said office of commonwealth performance, accountability and transparency shall monitor the progress of all required reports and prominently make all reports available to the public via its website. A secretariat, department, agency, quasi-state agency or any other entity of the commonwealth shall provide a copy in hard copy format of any report upon request.”

Budget Amendment ID: FY2014-S3-99

GOV 99

St. Francis Moving Forward Program

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item 7003-1206, by adding at the end thereof the following: “provided that not less than $91,928 shall be expended for the Moving Ahead Program at the St. Francis House in Boston” ; and in said item, by striking out the figures “$600,000” and inserting in place thereof “$691,928”.

Budget Amendment ID: FY2014-S3-100-R2

2nd Redraft GOV 100

Agency Credit Card Audit

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

“SECTION ____. Chapter 11 of the General Laws, as most recently amended by chapter 172 of the acts of 2011, is hereby amended by inserting after section 12 the following new section:- Section 12A. The state auditor shall conduct an audit of credit cards issued on behalf of all state agencies. The audit shall include, but not be limited to, the number of credit cards issued by each agency, an accounting of credit cards issued to agency employees, be they actively employed or formerly employed by the agency, and the aggregate monetary amount of credit card transactions per agency. The completed audit shall be filed with the clerks of the senate and the house of representatives no later than December 31, 2013”

Budget Amendment ID: FY2014-S3-101

GOV 101

STATE EMPLOYEE COMPENSATION STUDY

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

“SECTION__. Notwithstanding any general or special law to the contrary, there shall be a public employment commission consisting of the following members: the chair of the senate committee on post audit and oversight, who shall serve as co-chair of the commission; the chair of the house committee on post audit and oversight, who shall serve as co-chair of the commission; the vice-chair of the senate committee on post audit and oversight; the vice-chair of the house committee on post audit and oversight; the ranking minority member of the senate committee on post audit and oversight; the ranking minority member of the house committee on post audit and oversight; the chief officer of the human resources division, or his designee; the chief justice for administration and management, or his designee; the state auditor, or his designee; the state inspector general, or his designee; and the secretary for administration and finance, or his designee. The commission shall conduct a comprehensive review and evaluation of public employment and compensation in the commonwealth, including, but not limited to: a comparison of public employees with salaries above $100,000 in the current fiscal year and the change in the number of such employees for each of the previous 10 fiscal years across all branches, offices, departments, agencies and authorities of the commonwealth; a comparison of the job titles or classifications of public employees with salaries above $100,000 and the disparities, if any, between such employees and employees with similar titles or classifications across all branches, offices, departments, agencies and authorities of the commonwealth; and the change in staffing levels of all branches, offices, departments, agencies and authorities of the commonwealth for the previous 10 fiscal years. The commission shall consider the potential cost or savings that may be realized by standardizing staffing levels, job titles, salaries, and job classifications throughout state government and its subdivisions. The commission shall also consider the best practices of other states or governmental entities, and any applicable private sector employers deemed applicable with regard to employment. The commission shall submit its findings and recommendations, together with drafts of legislation or regulations necessary to carry those recommendations into effect by filing the same with the governor, the clerks of the house of representatives and senate, and the house and senate committees on ways and means, not later than March 30, 2014.”

Budget Amendment ID: FY2014-S3-102

GOV 102

Massachusetts State Athletic Commission

Mr. Joyce moved that the proposed new text be amended by inserting, after section __, 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: FY2014-S3-103-R1

Redraft GOV 103

Library of the Commonwealth

Mr. Petruccelli and Ms. Candaras and Mr. Knapik and Ms. Lovely and Mr. Eldridge moved that the proposed new text be amended in section 2, in item 7000-9401, by striking out the figure “35.9” and inserting in place thereof the following figure:-

“38.3”

And in said section 2, in said item 7000-9401 by striking out the figure “$9,231,475” and inserting in place thereof the following figure “$9,731,475”

Budget Amendment ID: FY2014-S3-104

GOV 104

ZERO-BASED BUDGETING

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

“SECTION__. Chapter 29 of the General Laws, as inserted by chapter 165 of the Acts of 2012, is hereby amended by inserting after section 5H the following section:-

Section 5I:

(a) For purposes of this section, “zero-based budget” shall mean a budget: (i) in which the appropriations are developed based on the cost-effective achievement of the tasks and goals of a particular agency or department without regard to prior appropriations, adjusted for inflation or otherwise; (ii) which has a $0 dollar amount as its basis; and (iii) which reflects the amount of funding deemed necessary to achieve the most cost-effective performance of each agency or department.

(b) Not less frequently than every 4 years, the budget filed by the governor under sections 6, 6C, 6D and 7H shall be a zero-based budget. The appropriation or set of appropriations for each agency or department shall be accompanied by a brief description of the tasks and goals of the agency or department for a period not to exceed 4 years, together with the performance measure of the achievement of those tasks and goals, published with the document and made available electronically on the official website of the commonwealth.”

SECTION__. The first zero-based budget required under section 5I of chapter 29 shall be filed under section 7H of said chapter 29 for the fiscal year starting on July 1, 2016.”

Budget Amendment ID: FY2014-S3-105

GOV 105

Sewer Rate Relief Fund

Mr. Petruccelli moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 1201-0911 the following item:-

“xxxx-xxxx for the Commonwealth Sewer Rate Relief Fund, established in section 2Z of chapter 29 of the General Laws……………………………….$600,000”

Budget Amendment ID: FY2014-S3-106

GOV 106

Public Employee Retirement Administration Commission

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

“SECTION XXXX. Section 49 of Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:

Section 49. (a) There shall be within the executive office of administration and finance, but not subject to its control, a public employee retirement administration commission consisting of nine members, three of whom shall be appointed by the governor, three of whom shall be appointed by the state auditor, one of whom shall be appointed by the Speaker of the House, one of whom shall be appointed by the Senate President, and one of whom shall be chosen by the first eight members and who shall be chairman. Of the three persons appointed by the governor, one shall be the governor or his designee, one shall be a representative of a public safety union, and one shall be qualified by having training and experience in the investment of funds as a result of having been principally employed in such occupation for a period of at least ten years. Of the three persons appointed by the state auditor, one shall be the state auditor or his designee, the president of the Massachusetts AFL-CIO or his designee, and one shall be a representative of the Massachusetts Municipal Association. Of the persons appointed by the Speaker of the House and the Senate President, each shall be representatives of any county, city or town contributory retirement systems with assets above $500 million dollars, at the time of the appointment. Each member of the commission shall serve for a term of five years; provided, however, that in making initial appointments, the governor and the state auditor shall each appoint one member for a term of three years and one member for a term of four years. The members shall serve without compensation but shall receive their necessary expenses incurred in the discharge of their official duties. Upon the expiration of the term of an appointed member, or the chairman, or a vacancy otherwise created in said positions, the successor for said position shall be appointed in the manner aforesaid, or for the remainder of said term, whichever is applicable. In the event the representative of a public safety union or the designee of the president of the Massachusetts AFL/CIO is a public employee, he or she shall be granted leave, without loss of pay or benefits and without being required to make up lost time, if on duty, for regularly scheduled work hours while in the performance of responsibilities of the commission. The public employee retirement administration commission shall select an executive director, and enter into an employment contract with said director. The provisions of sections nine A, forty-five, forty-six, and forty-six C of chapter thirty, chapter thirty-one, and chapter one hundred and fifty E shall not apply to the executive director or any other employee of the commission.”

Budget Amendment ID: FY2014-S3-107

GOV 107

Massachusetts Historical Commission Monitor

Mr. Rodrigues moved that the proposed new text be amended in section 2, in item 0526-0100, by adding at the end thereof the following:-

“; provided further, that beginning in fiscal year 2014, the commission shall publish, at least twice per month: (i) a summary or copy of the notices submitted pursuant to section 27C of chapter 9 of the general laws, including but not limited to, a summary or copy of each determination made by the commission regarding whether a project that is the subject of such notice will have any adverse effect, and a summary or copy of any commission recommendations regarding measures to eliminate, minimize, or mitigate adverse effects of such project; and (ii) a listing of any application to the commission for, and any certification made by the commission regarding, eligibility for and/or award of an historic rehabilitation tax credit under section 6J of chapter 62 or section 38R of chapter 63 of the General Laws; and provided further, that the publication shall be available on the website of the commission in such form as is reasonably suited to informing all interested agencies and persons of such notices, applications, determinations, recommendations, and certifications, and shall indicate the manner in which the full text of any notice, application, determination, recommendations, or certifications may be obtained by such agencies or persons”

Budget Amendment ID: FY2014-S3-108

GOV 108

Geriatric Mental Health

Mr. Donnelly and Ms. Jehlen and Mr. Montigny and Ms. Creem and Mr. McGee moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after line item 9110-1636 the following item:-

“xxxx-xxxx For the geriatric mental health services program, including residential care, case management, and day treatment services, to deinstitutionalize or divert elders with serious and persistent mental illness from institutionalized settings……………………………………………$350,000”

Budget Amendment ID: FY2014-S3-109

GOV 109

State Employee Cooling Off Period

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

"SECTION __. Notwithstanding any general or special law to the contrary, no former state employee holding a position or employment in a state agency may be retained or hired on a part-time, intermittent, or consultant basis by the commonwealth or a state agency for 1 year following removal or resignation from employment of commonwealth or a state agency"

Budget Amendment ID: FY2014-S3-110

GOV 110

Amending Out-of-Network Ambulance Services

Messrs. Donnelly and Finegold and Ms. O'Connor Ives and Messrs. Rodrigues, Rush and Brownsberger and Ms. Donoghue and Messrs. Timilty, Wolf, Kennedy, Ross, Keenan and McGee moved that the proposed new text be amended in section 92, by striking out Section 92.

Budget Amendment ID: FY2014-S3-111

GOV 111

CBA Transparency

Messrs. Rodrigues and Tarr moved that the proposed new text be amended in section 2, in item 7003-0200, by adding at the end thereof the following:-

“; provided further, that collective bargaining agreements or understandings in a written agreement between a labor organization or organizations, as defined in subsection (5) of section 2 of chapter 150A, and an employer or employers or association or group of employers, dealing with rates of pay, wages, hours or other terms and conditions of employment of any employee or employees for the purpose of determining wages paid to mechanics and apprentices, teamsters, chauffeurs and laborers in the construction of public works as established in section 26 of chapter 149 of the general laws, shall be made available by the commissioner through the website of the department.”

Budget Amendment ID: FY2014-S3-112-R1

Redraft GOV 112

Promoting Economic Growth

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

SECTION _. Section 53 of chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended, in line 17, by striking the figure “$500,000”, and inserting in place thereof the following figure:- “$2,000,000”.

Budget Amendment ID: FY2014-S3-112.1

Further GOV 112.1

Promoting Economic Growth

Mr. Knapik moved that the amendment be amended by adding at the end thereof the following new section to be inserted after section _:-

“SECTION _.The secretary of administration and finance, in consultation with the secretary of housing and economic development, shall conduct a study and issue a report on the scope and magnitude of the adverse impacts resulting from sections 52-55 of chapter 7, including but not limited to, impediments to economic growth, forgone opportunities for savings and innovation, employment growth and state revenue growth. The secretary shall research peer states, hold 1 or more public hearings and consult with representatives of private contractors and organized labor in conducting said analysis. The report, together with any legislative recommendations to further increase the threshold limit in section 53 of chapter 7 or otherwise limit barriers to private sector agreements reached at a cost savings to the state, shall be filed electronically with the clerks of the senate and house of representatives not later than October 15, 2013.”

Budget Amendment ID: FY2014-S3-113

GOV 113

Further Promoting Economic Growth

Messrs. Tarr and Knapik moved that the proposed new text be amended by inserting after section _ the following 2 sections:-

SECTION _. Clause (4) of section 54 of said chapter 7 of the General Laws, as so appearing, is hereby amended by striking the first sentence in its entirety and inserting in place thereof the following:-

(4) The agency shall prepare a comprehensive written estimate of the costs of regular agency employees’ providing the subject services based upon the most updated and accurate information available.

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

further by striking the last sentence of subsection (a) of section 55 of said chapter 7.

Budget Amendment ID: FY2014-S3-114

GOV 114

Adoption Process Task Force

Mr. Ross and Ms. Spilka and Messrs. Tarr, Hedlund, Joyce and Knapik moved that the proposed new text be amended in section 2, in item 4800-0038, by inserting after the words “Fragile Beginnings program” the following words:-

“; provided further, that the commissioner of the department of children and families shall lead a task force to study ways to reduce the costs and delays of the adoption process in the commonwealth; provided further, that this task force shall consist of two members appointed by the speaker of the house of representatives, two members appointed by the president of the senate, one member appointed by the minority leader of the house of representatives, one member appointed by the minority leader of the senate, and two members appointed by the governor; provided further, that the task force shall consult with the chief justice of the probate and family court, the chief justice of the juvenile court, and the chief justice and trial court administrator of the trial court; and provided further, that the task force shall convene by September 1, 2013 and subsequently file a report with the clerk of the house of representatives and the clerk of the senate no later than March 1, 2014, and this report shall contain recommendations for legislative or regulatory changes to reduce costs of the adoption process and to make adoptions more easily available”

Budget Amendment ID: FY2014-S3-115

GOV 115

Retirement Board Membership

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

SECTION XX. Section 1. Subsection (4 7/8E) of Section 20 of Chapter 32 of the General laws, as appearing in section 33 of chapter 176 of the acts of 2011, is hereby amended by inserting after the word “board”, the fourth time it appears, the following words:- in which he receives said remuneration, financial benefit or consideration of any kind;

Budget Amendment ID: FY2014-S3-116

GOV 116

Bureau of Program Integrity

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

SECTION _. Chapter 6A of the General Laws, as appearing in the 2010 Official Edtion, is hereby amended by inserting after section 16U the following section:-

Section 16V. (a) There shall be within the executive office of health and human services, but not subject to the control of the office, a bureau of program integrity, hereinafter the bureau. The inspector general shall appoint a director of the bureau, who shall serve as an assistant inspector general under the supervision of the inspector general, and shall serve for a term of 4 years. The inspector general may remove the director for cause and designate an interim director until a new director is appointed. The director shall devote full time and attention to the duties of this office.

(b) The director of the bureau may appoint such persons as are necessary to perform the functions of the bureau; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to any person holding any such appointment. The director may appoint and remove, subject to the approval of the inspector general, such expert, clerical or other assistants as the work of the bureau may require. Employees shall devote their full-time and attention to their duties while employed with the bureau and shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to section 4 of chapter 12A.

(c) The bureau shall monitor the quality, efficiency and integrity of programs administered by the executive office of health and human services. The bureau shall seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public funds for benefit programs including, but not limited to, MassHealth, Transitional Aid to Families with Dependent Children, Emergency Assistance to Elders, Disabled and Children, the Supplemental Nutrition Assistance Program and other assistance benefits distributed via electronic benefit cards.

(d) In addition to the responsibilities set forth in subsection (c), the bureau shall have the following duties: (i) review current eligibility intake and determination procedures for public benefit programs administered by the executive office of health and human services; (ii) assist in the development of any new intake procedures and regulations for eligibility determination; (iii) monitor whether eligibility regulations are being followed by the administering agency; (iv) assist with the coordination with other state agencies to transmit and collect data on beneficiaries; (v) coordinate with the program integrity division under the department of transitional assistance; (vi) provide training to employees serving under the office of health and human services on methods of intake procedures and beneficiary determination; (vii) automate reporting of indicators of potential fraud cases and (viii) coordinate with other agencies to monitor compliance with work force requirements.

(e) The bureau shall coordinate and consult with the executive office of health and human services on the efforts to verify eligibility for recipients of benefit programs through the sharing of information with other agencies and departments, including but not limited to, the department of revenue, the department of elementary and secondary education, the department of unemployment assistance, the department of industrial accidents, the registry of motor vehicles, the department of criminal justice information services and the department of corrections.

(f) The director may report and refer instances of fraud, waste or abuse of public benefits to the inspector general for investigation pursuant to section 8 of chapter 12A, and the results of such investigation may be referred to the attorney general or state auditor for appropriate action.

Budget Amendment ID: FY2014-S3-117

GOV 117

Realistic Analysis

Mr. Tarr moved that the proposed new text be amended in item 1100-1201, by inserting, after the word analysis, the following:-“including dynamic analysis”

Budget Amendment ID: FY2014-S3-118

GOV 118

INCREASING FRAUD DETECTION

Messrs. Tarr, Michael O. Moore, Hedlund, Knapik and Ross moved that the proposed new text be amended in section 2, in item 0910-0222, by striking out the figure “$300,000” and inserting in place thereof the following figure:- “$400,000”

and further, by inserting at the end thereof the following:-

“, provided, that efforts shall be increased to identify and report fraud, waste and abuse in programs providing health care and other forms of public assistance”

Budget Amendment ID: FY2014-S3-119

GOV 119

Economic Stability

Messrs. Tarr, Hedlund, Knapik and Ross moved that the proposed new text be amended in section 2, in item 1100-1201, by adding at the end thereof the following:

"; provided further, that not later than April 1, 2014, the office shall develop an analysis of the extent to which state expenditures have, in the current fiscal year and are likely to, in the next five fiscal years, exceed the commonwealth’s gross domestic product and the rates of inflation and median household income, and that such analysis be filed with the clerks of the House and senate and the house and senate committees on ways an d means, and shall be conspicuously posted on the internet."

Budget Amendment ID: FY2014-S3-120

GOV 120

Funding Equity

Mr. Tarr moved that the proposed new text be amended in section 2, in item 1599-0026, by striking the text of subsections (a) and (b) thereof

Budget Amendment ID: FY2014-S3-121

GOV 121

Health Care Cost Containment Comprehensive Investigation

Mr. Welch and Ms. Donoghue moved that the proposed new text be amended in section 2, in item 0710-0220, by striking the figure "$300,000" and inserting in place thereof the following figure:- "$862,500"

Budget Amendment ID: FY2014-S3-122

GOV 122

Performance Savings

Mr. Tarr moved that the proposed new text be amended in section 2, in item 1599-3553, by striking the item in its entirety

Budget Amendment ID: FY2014-S3-123

GOV 123

Online Gaming

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

SECTION 15. Chapter 23K of the General Laws, as inserted by section 16 of chapter 194 of the acts of 2011, is hereby amended by inserting after section 20 the following section:-

Section 20A. (a) The commission may issue to any category 1 or category 2 licensee, subject to the provisions of this chapter and any rules or regulations established by the commission, a category 3 internet gambling license.

(b) The commission shall, subject to rules and regulations established by the commission and the pertinent laws governing applicants for a category 1 or 2 license, issue a request for applications for 1 or more category 3 internet gambling license if any category 1 or category 2 licensee shall choose not to seek a category 3 internet gambling license; provided, however, that the commission shall not issue greater than 4 category 3 licenses.

(c) The commission shall prescribe the form of the 4 category 3 gaming licenses, which shall include, but not be limited to, the following license conditions for each licensee, which shall be in addition to applicable requirements provided for by others sections of this chapter. The licensee shall:

(i) pay an initial license of not less than $300,000;

(ii) pay an annual renewal fee for not less than $150,000;

(iii) pay a daily tax of 20 per cent on gross gaming revenues; provided that said daily tax shall be remitted to the commission by a gaming licensee the day following each day of wagering;

(iv) not offer any online game in conflict with the Massachusetts lottery;

(v) limit the games offered, odds, and prizes to those that are offered in a category 1 or category 2 license;

(vi) require all persons be not less than 21 years to place wagers or collect winnings;

(vii) require all persons be physically located within the confines of Massachusetts to place wagers or collect winnings, unless said person is eligible to place wagers and collect winnings pursuant to a legislatively approved reciprocal state agreement provided for in section (d);

(viii) include on every internet screen a prominent display for persons to learn about gaming addiction, problem gaming, how to identify it, and resources to seek help.

(d) The commission may negotiate reciprocal internet gaming agreements with other state governments; provided, however, that no agreement shall be finalized unless approved by a majority of each branch of the general court.

(e) The commission shall deposit all fees and taxes collected pursuant to this section into the General Fund.

Budget Amendment ID: FY2014-S3-124

GOV 124

REGISTRY OF DEEDS MODERNIZATION AND EFFICIENCY COMMISSION

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

“SECTION__. Section 124 of chapter 165 of the acts of 2012 is hereby amended by striking out the words “and 4 additional members to be appointed by the governor who shall be knowledgeable in land surveying, law, record keeping, county government or information and technology,” and inserting in place thereof the words “and 7 additional members to be appointed by the governor who shall be knowledgeable in land surveying, law, record keeping, county government or information and technology, one of whom shall be recommended by a professional association of attorneys engaged in conveyancing, and one of whom shall be recommended by an organization representing homebuyers or consumers in the commonwealth”

Budget Amendment ID: FY2014-S3-125

GOV 125

MassWorks Infrastructure Program

Mr. Donnelly moved that the proposed new text be amended in section 30, by adding after the word “affordable.” the following sentence:-

"The provisions of chapter 149 sections 26 thru 27F inclusive, chapter 149 section 44A-J inclusive, chapter 149A and any regulations issued thereunder shall apply to any project receiving funds through the program."

Budget Amendment ID: FY2014-S3-126

GOV 126

Stone Soul Inc

Mr. Welch and Ms. Candaras moved that the proposed new text be amended in section 2, in item 0640-0300, by inserting at the end thereof, the following:-

“; provided further that the amount of $50,000 shall be expended to Stone Soul Inc. to implement the state wide Sesquicentennial Emancipation Proclamation Celebration 2013.”

Budget Amendment ID: FY2014-S3-127

GOV 127

Elections

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 0521-0000, Mr. Kennedy moved that the bill be amended, in Section 2, in item 0521-0000, by striking out the figure “$4,880,914” and inserting in place thereof the following figure:- “$5,380,914”.

Budget Amendment ID: FY2014-S3-128

GOV 128

Central Voter Registry

Mr. Kennedy moved that the proposed new text be amended in section 2, in item 0521-0001, Mr. Kennedy moved that the bill be amended, in Section 2, in item 0521-0001,by striking out the figure “$4,988,076” and inserting in place thereof the following figure:- ”$5,278,074”.

Budget Amendment ID: FY2014-S3-129

GOV 129

Essex South Registry of Deeds

Mr. Kennedy and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0540-1000, Mr. Kennedy moved that the bill be amended, in Section 2, in item 0540-1000,by striking out the figure “$2,759,881” and inserting in place thereof the following figure:- ”$2,834,881”.

Budget Amendment ID: FY2014-S3-130

GOV 130

Regulatory Reform

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

“SECTION XX. 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 of the of 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 propose an amendment under subsection (a)(2) or disapprove 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 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 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 which 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 6 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.”

Budget Amendment ID: FY2014-S3-131

GOV 131

Government Efficiencies Commission

Mr. Tarr and Ms. Jehlen and Messrs. Hedlund, Knapik and Ross moved that the proposed new text be amended By inserting, after section __, the following new section:-

SECTION _. There shall be a special commission to study and make recommendations concerning functional overlaps and other redundancies among state agencies and opportunities to promote efficiency and accountability in state government. The commission shall consist of 17 members: 3 of whom shall be appointed by the speaker of the house; 2 of whom shall be appointed by the house minority leader; 3 of whom shall be appointed by the senate president; 2 of whom shall be appointed by the senate minority leader; 1 of whom shall be appointed by the state auditor; 1 of whom shall be appointed by the state treasurer; and 5 of whom shall be appointed by the governor. The speaker of the house and the senate president shall determine which 2 members of the commission shall serve as co-chairpersons.

The commission shall identify ways to eliminate overlaps and redundancies among state agencies and make such other recommendations as the commission deems appropriate, with the goal of reducing costs to the state and enhancing the quality and accessibility of state services to the public. The commission shall consider merging or consolidating state agencies and programs if such action would reduce costs without adversely impacting the quality of services. The commission shall also seek to identify opportunities to maximize revenues, such as federal grants and matching funds.

The commission may hold hearings and invite testimony from experts and the public. The commission shall review and identify best practices learned from similar efforts in other states, such as the state of Connecticut’s commission on enhancing agency outcomes which reported its findings and recommendations in December of 2010.

The agency head and staff of each state agency under consideration by the commission shall ensure that any data, information or materials that the commission requests for purposes of its review and deliberations are provided to the commission in a timely manner.

Members of the commission shall be named and the commission shall commence its work within 60 days of the effective date of this act. The commission shall report to the general court the results of its investigation and study, and recommendations, if any, together with drafts of legislation necessary to carry its recommendations into effect by filing the same with the clerks of the senate and the house of representatives on or before January 2, 2015. The clerks of the house and senate shall make the report available to the public through the internet.

Budget Amendment ID: FY2014-S3-132

GOV 132

Contingent Contracts

Messrs. Rodrigues, Joyce and Tarr moved that the proposed new text be amended by striking out SECTION 17.

Budget Amendment ID: FY2014-S3-133

GOV 133

Social Innovation Financing Trust Fund

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

“1599-3557 For initial funding for the Social Innovation Financing Trust Fund established under section 35VV of chapter 10 of the General Laws to hold funds in support of pay for success contracts; provided, that per the legislation, these funds are based on expected future payments that will only be distributed upon achieving performance goals under the pay for success contract; and provided further, that the amount represents initial funding for the efforts underway to enter into pay for success contracts associated with juvenile justice and chronic homelessness ……………………………………..……………………$7,500,000”

Budget Amendment ID: FY2014-S3-135

GOV 135

Asian American Commission

Mr. Barrett and Ms. Donoghue and Mr. Brownsberger and Ms. Spilka and Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item XXXX-XXXX, by inserting after item 0950-0050 the following item:

“xxxx-xxxx For the commission on the status of Asian Americans, pursuant to section 68 of chapter 3 of the General Laws………..$35,000”

Budget Amendment ID: FY2014-S3-137

GOV 137

Homeless Individuals

Mr. DiDomenico moved that the proposed new text be amended in section 2, by iserting after item 1599-3553 the following item:

"xxxx-xxxx For unexpected startup costs of providers holding contracts issued under section 35VV of chapter 10 of the General laws; provided, that eligible costs shall be those incurred by the selected intermediary associated with due diligence and initial establishment of all necessary infrastructure including legal costs, operational and economic modeling and other reasonable expenses associated with the homelessness pay-for-success contract.............. $250,000"

Budget Amendment ID: FY2014-S3-138

GOV 138

STATUTORY CARRY-FORWARD

Mr. Tarr moved that the proposed new text be amended by striking section 36 in its entirety.

Budget Amendment ID: FY2014-S3-139

GOV 139

STABILIZATION FUND TRANSFER

Mr. Tarr moved that the proposed new text be amended by striking Section 114 in its entirety.

Budget Amendment ID: FY2014-S3-140-R1

Redraft GOV 140

Commission Reporting

Messrs. Ross, Tarr, Hedlund, Knapik, Joyce and Eldridge moved that the proposed new text be amended in section 118, by striking out section 118 and inserting in place thereof the following section:-

SECTION 118. Notwithstanding any general or special law to the contrary, all secretariats, departments, commissions, and agencies required by the legislature to submit reports to any legislative committee or subcommittee shall file their reports by the dates required via electronic means to the chairs of any committees named as recipients as well as with the clerks of the senate and house of representatives; provided, however, that the house and senate clerks shall develop procedures and requirements for secretariats, departments, commissions, and agencies for the preparation of the reports to facilitate their collection and storage and the reports shall be made available to the public on the general court’s website. When a legislative commission is established the clerks of the senate and house of representatives shall include on the general court's website the date the commission was established, the members of the commission and the reporting date of the commission.

Budget Amendment ID: FY2014-S3-141-R1

Redraft GOV 141

DPU line item addition for Gas Safety Inspectors

Mr. Downing moved that the proposed new text be amended in section 2, in item 2100-0012, by adding at the end thereof the following:-“provided further, that $300,000 shall be dedicated to the hiring of gas safety inspectors who shall be authorized to randomly inspect each public utility’s piping, equipment, work site, work product, safety guidelines or anything item on said utility’s property or control to determine if it meets nationally recognized gas utility company safety and standards and shall provide an annual report to the Commissioners, the Attorney General and the Joint Committee on Telecommunication, Utilities and Energy; and provided further, that the cost of said gas safety inspectors, including associated fringe benefit costs, shall be assessed to gas utility companies under the jurisdictional control of the department"; and by striking out the figures "$8,401,998" and inserting in place thereof the figures "$8,701,998"”;

Budget Amendment ID: FY2014-S3-142

GOV 142

TOBACCO SETTLEMENT OPEB TRANSFER

Mr. Tarr moved that the proposed new text be amended by striking Section 97 in its entirety.

Budget Amendment ID: FY2014-S3-143

GOV 143

Spending Control

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

Notwithstanding any general or special law to the contrary, any executive branch agency which, in fiscal year 2013, had its spending reduced by 1 per cent under authority of chapter 29, section 9C of the General Laws; any office or department that does not report to the governor which reduced its spending in fiscal year 2013 by 1 per cent; the office of the state comptroller; the center for health information and analysis; the house of representatives; the state senate; the joint legislative account; the state ethics commission; the office of campaign and political finance; the commission on the status of women; the victim and witness assistance board; the disabled persons protection commission; the Massachusetts cultural council; and Massachusetts commission against discrimination, shall reduce the amount appropriated for fiscal year 2014 by 1.5 per cent, provided that the reduction may be within any item of appropriation.

Budget Amendment ID: FY2014-S3-144

GOV 144

District Local Technical Assistance

Messrs. Eldridge and Brownsberger, Ms. O'Connor Ives, Ms. Clark, Messrs. Knapik, Barrett, Michael O. Moore, Downing, Donnelly and Kennedy, Ms. Creem, Mr. Ross, Ms. Flanagan, Mr. Rush, Ms. Spilka, Mr. Joyce, Ms. Candaras, Ms. Donoghue and Messrs. Finegold and Pacheco moved that the proposed new text be amended in section 2, in item 1599-0026, by inserting after the figures “2010” the following:-

; provided further, that not less than $2,800,000 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 established in section 2XXX of chapter 29 of the General Laws

and further amended by striking the figures “$7,000,000” and inserting in place thereof the following figures:- $9,800,000

Budget Amendment ID: FY2014-S3-145

GOV 145

SPRINGFIELD SYMPHONY ORCHESTRA

Ms. Candaras and Mr. Welch moved that the proposed new text be amended in section 2, in item 7008-0900, by adding at the end thereof the following: "provided that $50,000 be expended for the Springfield Symphony Orchestra" and in said item, by striking out the figures "$5,924,728" and inserting in place thereof the figures "$5,974,728"

Budget Amendment ID: FY2014-S3-146

GOV 146

FY2013 CONSOLIDATED NET SURPLUS

Messrs. Tarr, Knapik and Ross moved that the proposed new text be amended by striking Section 112 in its entirety and inserting in place thereof the following new section:-

“SECTION 112. Section 155 of chapter 139 of the acts of 2012 is hereby amended by striking out subsection (a) and inserting in place thereof the following subsection:- (a) Notwithstanding any general or special law to the contrary, after certifying the amount of consolidated net surplus in the budgetary funds at the close of the preceding fiscal year under section 5C of chapter 29 of the General Laws, the comptroller shall dispose of the consolidated net surplus in the budgetary funds for fiscal year 2013 in the following order to the extent that funds are available: (i) transfer $25,000,000 to the Massachusetts Community Preservation Trust Fund, established by section 9 of chapter 44B of the General Laws; (ii) transfer $10,000,000 to the Tax Reduction Fund, established by section 2I of chapter 29 of the General Laws; (iii) transfer $5,000,000 to the Massachusetts Life Sciences Investment Trust Fund, established by section 6 of chapter 23I of the General Laws; and (iv) transfer the remaining undesignated fund balances from the budgetary funds contributing to the consolidated net surplus to the Commonwealth Stabilization Fund.”

Budget Amendment ID: FY2014-S3-147-R1

Redraft GOV 147

Price Adjustment Clauses

Mr. Timilty moved that the proposed new text be amended by inserting after section 37 the following section:-

"SECTION X. Chapter 30 of the General Laws is hereby amended by adding the following section:

Section 38A. Contracts for road, bridge, water and sewer projects awarded as a result of a proposal or invitation for bids under chapter 7C, section 11C of chapter 25A, section 39M and sections 44A to 44H, inclusive, of chapter 149 shall include a price adjustment clause for each of the following materials: fuel, both diesel and gasoline; asphalt; concrete; and steel. A base price for each material shall be set by the awarding authority or agency and shall be included in the bid documents at the time the project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material. The price adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds plus or minus 5 per cent."

Budget Amendment ID: FY2014-S3-148

GOV 148

Public Employee Retirement Administration Commission

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

“SECTION X. Section 49 of Chapter 7 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Budget Amendment ID: FY2014-S3-149

GOV 149

Worcester Registry of Deeds

Mr. Michael O. Moore moved that the proposed new text be amended in section 2, in item 0540-2100, by striking out the figure "$2,161,481" and inserting in place thereof the following figure:- "$2,194,481"

Budget Amendment ID: FY2014-S3-150

GOV 150

Office on Disability

Mr. Barrett and Ms. Jehlen and Messrs. Joyce and Rodrigues moved that the proposed new text be amended in section 2, in item 1107-2400, by striking out the figure “$609,217” and inserting in place thereof the following figure:- “651,834”.

Budget Amendment ID: FY2014-S3-151

GOV 151

Library Technology and Automated Resources

Ms. Clark, Ms. Chandler and Ms. Lovely and Mr. Knapik moved that the proposed new text be amended in section 2, in item 7000-9506, by striking out the figure "$1,929,238" and inserting in place thereof the following figure:- "$2,129,238".

Budget Amendment ID: FY2014-S3-152

GOV 152

OFFICE OF COMMONWEALTH PERFORMANCE, ACCOUNTABILITY AND TRANSPARENCY

Messrs. Tarr, Ross and Knapik moved that the proposed new text be amended in section 2, in item 1100-1201, by striking the words "previous year" and inserting in place thereof the following words:-

"previous year, including the specific savings derived from its operations"

Budget Amendment ID: FY2014-S3-154

GOV 154

Massachusetts Gaming Commission

Messrs. Eldridge, Michael O. Moore and Tarr moved that the proposed new text be amended by inserting, after section ____, the following new section:-

"SECTION____. Section 16 of chapter 194 of the acts of 2011, is hereby amended by inserting after subsection (b), in section 9, the following subsection:-

(c) a prospective applicant shall submit a letter to the commission stating the prospective applicant’s interest in locating a gaming establishment in a community prior to entering into discussions with a member of that community’s governing body. The commission shall keep a record of the letter which shall be made available to the public. The prospective applicant shall also submit a copy of the letter to the city or town clerk in the community of interest.”

Budget Amendment ID: FY2014-S3-157

GOV 157

FY2013 CONSOLIDATED NET SURPLUS II

Messrs. Tarr, Knapik and Ross moved that the proposed new text be amended in SECTION 112 in line 1538 by striking the figure “$15,000,000” and inserting in place thereof the following figure:-“$10,000,000”

Further amend by striking subsection (iii) in its entirety and replacing it with the following:-

“(iii) transfer the remaining undesignated fund balances from the budgetary funds contributing to the consolidated net surplus to the Job Creation Investment Fund

Further amend by inserting after section _, the following new section:-

“SECTION_. Section 2 of chapter 29 of the General Laws is hereby amended by adding the following new section:-

A Job Credit Investment Fund shall be created to fund the job creation credit program as established under Section 67D of Chapter 62C”

Further amend by inserting after section _, the following new sections:-

"SECTION_. Section 1. Section 67D of Chapter 62C of the General Laws is hereby amended by inserting after subsection (g) the following new sections:-

(h) when used in section (i)-(n), the following words shall have the following meaning:

“Application year”, the calendar year for which a business submits the information required for a determination as to a jobs incentive credit.

“Business”, a corporation, sole proprietorship, partnership, limited liability company or any other form of business organization.

“Commissioner”, the commissioner of revenue.

“Eligible Jobs”, a number determined by first multiplying each of the local jobs created by a business during a single calendar year by the job qualifier for that job, and then totaling the number for all of the local jobs created.

“Full time employee”, a person who is employed for consideration for at least 35 hours per week and whose salary is subject to withholding as provided in chapter 62B.

“Job qualifier fraction”, in the case of either a full-time employee or a part-time employee of a business, the figure that determines the extent to which that employee is employed in the commonwealth during a single calendar year. The job qualifier fraction for each employer shall be determined by multiplying the following percentages together: (i) the percentage of time that an employee worked while employed by the company expressed as average hours worked per week out of 35 hours, not to exceed 100 per cent; (ii) that employee’s time attributable to work in the commonwealth, as a portion of that employee’s total work for the company; and (iii) the portion of the year the employee worked for the company.

“Jobs incentive credit”, a business employment incentive credit for companies as provided for in this section.

“Local jobs created”, the total number of jobs created by a business during a single calendar year in which the new employees perform qualified services in at least 1 in-state location, including jobs performed by persons that are transferred within the company to work at an in-state location from a location based outside the state.

“Part-time employee”, a person who is employed for consideration for less than 35 hours a week and whose salary is subject to withholding as provided in chapter 62B.

“Credit years”, in the case of a business that is determined to be eligible for a jobs incentive credit, the 3 calendar years following the application year.

“Weighted, average employment”, for a calendar year, the total number of jobs maintained by a business in which the employees performed employment services in at least 1 in-state location. The number is to be determined by first multiplying each of the individual jobs maintained by the company for that year by the job qualifier fraction for that job and then totaling the number for all of these jobs.

(i) A business that creates an eligible job in the commonwealth during its application year shall be entitled to a jobs incentive credit, spread equally over three calendar years, if its weighted average employment for such application year reflects a net increase over the company’s weighted average employment for the prior calendar year. The total jobs incentive credit shall be equal to 50 per cent of the amount paid by the company as salary attributable to eligible jobs created by the company in such year to the extent that the salary was subject to Massachusetts withholding pursuant to chapter 62B for such year, multiplied by the applicable Massachusetts income tax rate for such salary, and such credit shall be applied toward the company’s liability imposed by Chapter 62B, Section 2. A company shall take a jobs incentive credit for no more than 50 jobs created over its weighted average employment for the prior calendar year. For companies creating greater than 50 jobs over the weighted average employment for the prior calendar year, the total tax credit, which will be taken in three equal installments subject to the terms and conditions in the following sections, shall be determined by the salary of the first 50 eligible jobs created. For the purposes of this provision, an eligible job shall be deemed created in the commonwealth on the first day for which Massachusetts withholding is required in connection with the compensation paid to the employee.

(j) The jobs incentive credit shall be taken by a business in 3 equal installments in each of the 3 calendar years commencing with the calendar year subsequent to the application year. If, for the first or second credit year, the company’s weighted average employment falls below its weighted average for the application year, the company shall be disqualified from taking its second installment credit. It may nonetheless take its third installment credit if its weighted average employment for its second credit year is above its weighted average employment for the application year.

(k) A company that seeks a jobs incentive credit shall apply to the commissioner to receive permission to take such a credit on a form prescribed by the commissioner. This form shall reference the necessary information concerning the eligible jobs created by the company in the Commonwealth during the application year and also the company’s weighted average employment for such year and the prior calendar year. The commissioner shall advise the company of the determination in writing.

(l) Not later than March 1 of each calendar year for which a company has been approved to take a job incentives credit , the company shall submit to the commissioner, in a form prescribed by the commissioner, the information necessary to evaluate the company’s prior year weighted employment average.

(m) A company that has previously been approved to take a job incentive credit is entitled to re-apply for an additional credit for a second or third application year. In such cases, the company may be entitled to take a job incentive credit that relates to different application years in the same calendar year. When a company has previously been granted permission to take a jobs incentive credit for 3 application years, it shall not request an additional jobs incentive credit. In no case shall a company take a jobs incentive credit after June 30, 2016, when all provisions in (i)-(m) shall sunset and no longer be in effect.

(n) Following the termination of the job creation tax credit program, the commissioner of the department of revenue, in consultation with one or more institutes of higher learning, shall conduct a cost benefit analysis of said program, which shall take into consideration the total number of permanent in-state jobs created under the program, the total amount of tax credits provided, and any other factors that would be useful in measuring the success of the program. The commissioner shall prepare a report on the findings, which shall be filed with the clerk of the house of representatives and the clerk of the senate, the chairs of the house and senate committees on ways and means, and the house and senate chairs of the joint committee on revenue no later than September 30, 2016. Said report shall include the commissioner’s findings as to the feasibility of extending the job creation tax credit program beyond the sunset date, along with any recommendations for revising the program to make it more effective in enhancing the creation of jobs.

Budget Amendment ID: FY2014-S3-158

GOV 158

Conveyance of Property for Greenway Connector

Mr. Petruccelli moved that the proposed new text be amended by inserting, after section 145, the following new section:-

SECTION XX

SECTION 1. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the General Laws or any general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the Massachusetts water resources authority, may convey to the Massachusetts port authority that certain parcel of land shown as lot 2 on a plan on file with the division and described in a deed from the Massachusetts port authority to the commonwealth of Massachusetts, acting through its metropolitan district commission, recorded with the Suffolk registry of deeds at book 11738, page 82, subject to and with the benefit of all easements and restrictions of record. The Massachusetts port authority previously conveyed lot 2 to the commonwealth of Massachusetts acting by and through its metropolitan district commission for consideration of $1 by deed recorded with the Suffolk registry of deeds at book 11738, page 82. The Massachusetts port authority shall acquire the property thereon in its present condition.

Section 2. The Massachusetts port authority shall demolish the existing pump station located on the parcel of land that was previously operated by the Massachusetts water resources authority and the Massachusetts water resources authority shall reimburse the Massachusetts port authority for an amount equal to one half the actual costs of said demolition but not to exceed fifty thousand dollars.

SECTION 3. Following the demolition of the existing pump station the Massachusetts port authority shall include the parcel described in section 1 as part of a marsh overlook amenity within the Greenway Connector bike/pedestrian trail.

SECTION 4. The consideration for the conveyance pursuant to section 1 shall be $1. The Massachusetts port authority shall be responsible for all costs and expenses of the transaction authorized by this act including, without limitation, any engineering, survey, title examination, recording fees and deed preparation, and all costs, liabilities and expenses of any nature and kind for its ownership.

SECTION 5. The parcel shall be conveyed by deed without warranties or representations by the commonwealth other than quitclaim covenants of title.

Budget Amendment ID: FY2014-S3-159

GOV 159

Art Commission

Mr. Kennedy moved that the proposed new text be amended in section 5, in (b) at the end of the first sentence by striking the number “3” and inserting in its place the number “2”, and furthermore inserting after the word “representatives” the following; “and the Chairman of the Massachusetts Historical Commission or his designee”.

in (c) at the end of the third sentence by inserting after the word “house” the following:-

“in consultation with the Massachusetts Historical Commission”

in (e) at the end of the first sentence by inserting after the word “building” the following:-

“in consultation with the Massachusetts Historical Commission”

Budget Amendment ID: FY2014-S3-160

GOV 160

Pension Correction

Mr. Donnelly moved that the proposed new text be amended by inserting after Section 37 the following sections:-

SECTION XX. Section 5(2)(e) of Chapter 32 of the General Laws, as most recently amended by Chapter 21 of the Acts of 2009, is hereby amended by striking said paragraph (e) and replacing it as follows:

(e) A person who has been a member of 2 or more systems and who, on or after January 1, 2010, has received regular compensation from 2 or more governmental units concurrently for greater than 60 days, shall, upon retirement, receive a superannuation retirement allowance to become effective on the date of retirement that is equal to the sum of the benefits calculated pursuant to this section as though the member were retiring solely from each system; provided however, that notwithstanding paragraph (c) of subdivision 8 of section 3, each system shall pay the superannuation retirement allowance attributable to membership in that system to the member; and provided further, that this section shall not apply to any member who has vested in 2 or more systems as of January 1, 2010, or to any member whose annual regular compensation for one or more positions is less than five thousand dollars. The provisions of section 3(7)(d) of this chapter shall not apply in any circumstance where the provisions of this paragraph apply. The provisions of this paragraph shall not be deemed to prohibit or limit the minimum service requirement to be eligible for a benefit established under section 6 of this chapter.

SECTION XX. The provisions of Section XX shall take effect on the date of passage of this act and shall only be applicable to any person who files for superannuation retirement under the provisions of Section 5, Chapter 32 of the General laws after said date.

Budget Amendment ID: FY2014-S3-161

GOV 161

Modernizing Uniform Procurement

Mr. McGee moved that the proposed new text be amended Mr. McGee moved that the bill be amended by inserting, after section_____, the following new section:

“SECTION ____. Chapter 30B of the General Laws is hereby amended, as follows:- in Sections 3 and 17 (a) thereof, replacing the words “five thousand” with “ten thousand”; in Sections 4 (a), 4 (c), and 15 (f) thereof, replacing “$5,000” with “$10,000”; in Section 5 (c), subsection (5), and Section 16 (c), subsections (1) and (2).”

Budget Amendment ID: FY2014-S3-163

GOV 163

Oxford Tercentennial

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 7008-0900, by adding at the end thereof the following:- "; provided further, that not less than $10,000 shall be expended for the Oxford Tercentennial celebration"

Budget Amendment ID: FY2014-S3-164

GOV 164

Southbridge Bicentennial

Mr. Richard T. Moore moved that the proposed new text be amended in section 2, in item 7008-0900, by adding at the end thereof the following:- "; provided further, that not less than $20,000 shall be expended for the planning of the Southbridge Bicentennial celebration"

Budget Amendment ID: FY2014-S3-165

GOV 165

Public Construction Efficiency

Mr. McGee moved that the proposed new text be amended Mr. McGee moved that the bill be amended by inserting, after section ______, the following new section:-

“SECTION ____. Section 20A of chapter 29 of the general laws is hereby repealed.”

Budget Amendment ID: FY2014-S3-166

GOV 166

COMMISSION ON THE STATUS OF WOMEN

Ms. Candaras and Ms. Spilka and Messrs. Wolf, Donnelly and Eldridge and Ms. Lovely moved that the proposed new text be amended in section 2, in item 0950-0000, by striking out the figure "$71,500" and inserting in place thereof the following figure "$140,000".